On the fifth day of parliament
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†The king being present.
In the parliament of the most excellent prince James VI, by the grace of God, king of Scots, held in Edinburgh on 11 November in the year of the Lord 1579, by our said supreme king in the presence of the three estates of the realm and the officials of parliament as on the day immediately preceding.
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The king's majesty, with advice and consent of the three estates of this present parliament, ratifies, approves, confirms and allows the act of revocation made by his highness, with advice of the lords of his secret council, at Stirling on 10 August 1579, of all gifts, fees and dispositions out of his majesty's property, casualty, thirds of benefices or collectoryin pension or freely discharged, given by his highness, with advice of his regents for the time, or by himself since the acceptance of the government in his own person; and also, by the tenor hereof, revokes the said gifts, fees and dispositions so that the same revocation may be of full strength, force and effect in time coming, after the date hereof, with the exceptions specified therein, of the which revocations and exceptions the tenor follows:
At the castle of Stirling, 10 August 1579, the king's majesty and lords of his highness's secret council, considering the present estate of his highness's property and casualty, so far hurt and diminished through the dispositions thereof in pensions and otherwise that neither can the charges of the expenses of his highness's houses nor others, the necessary affairs of his estate and crown, be sustained in time coming (albeit the occasion of the charges and expenses daily increases) without some present help and good provision; as also calling to mind how the thirds of benefices within this realm were first assumed and taken up for the sustentation of the ministry and to support the prince to maintain and set forward the common affairs of the country, and thereafter by act of parliament it was provided that the whole thirds of the whole benefices within this realm should be first paid to the ministers of the evangel and their successors, providing always that the collectors of the said ministers should make yearly account in the exchequer of their intromission, so that the ministers, being first paid of their stipends pertaining to every one of them, the rest and surplus should be employed to our sovereign lord's use; which order continued until certain abuses and corruptions being considered and espied in the collectors for the time, upon the suit of the said ministers, certain assignations were made to them of their livings and stipends in the place most close and commodious to their residence, it being always meant and intended that when God should raise up more qualified persons and godly ministers they should be planted in the places found most convenient for them and competent and sufficient livings and stipends modified, appointed and assigned to them, and whatever should be assigned in the said stipends, that the collector general of the surplus should utterly desist from further craving intromission or taking up of the same of any terms after the said assignation; and albeit the surplus of the said thirds over the ordinary assignations of the stipends of the ministry, contained in the yearly book of modification, ought to serve for the stipends of such qualified persons as God shall raise up from time to time, worthy to be admitted in the function of the ministry, and to support the prince, to maintain and set forward the public affairs of the country, nevertheless, through the inopportune suit of sundry persons more respecting their own particular profit than either the sustenance of the ministry or the honourable estate of his majesty or the commonwealth of the realm, his majesty, by advice of his regents in his minority, and partly by himself since he accepted the government of his realm in his own person, has been moved to make disposition of the said surplus in pension or to discharge and give the same free to some persons, through which there remains little or nothing to be conveyed, either to be modified, appointed and assigned in livings and stipends to such qualified persons as God shall raise up hereafter fit to enter in the function of the ministry, or to supply the public and needful affairs of his highness's estate; which being diligently and with good deliberation advised upon by his majesty and the lords of his privy council, it is found by them that the said surplus of the said thirds of benefices being assumed and taken in his majesty's hands for the causes and affairs before specified, and also his highness's property for the honourable sustaining of his house and train ought not, nor might not, be conveyed and given otherwise except applied to the same use and effects that they were dedicated to at the beginning, neither ought his highness's casualties, on which the ordinary charges of his estate otherwise ought to be sustained, be conveyed at the inopportune suit of all askers, but his highness's commodity made thereof and such discretion had in the disposition as his majesty might conveniently live on his own. And therefore his highness, by advice of his said council, revokes, rescinds, abrogates, annuls and discharges all the said gifts, fees and dispositions out of his said property, casualty, thirds of benefices and collectory in pension or freely discharged as said is given by his highness, with advice of his regents for the time, or by himself since the acceptance of the government in his own person, declaring and decreeing the same to be null and of no value, force nor effect in time coming, and ordains the comptroller, treasurer and collector general of the said surplus to ask, crave, receive, intromit and take up his whole property, casualty and surplus to the use and effect written before of the crop and year of 1579 and in time coming, without respect of any gift of pension, fee or free discharge of any part of the said property, casualty or collectory in time past preceding the date hereof, and that they answer and obey none but upon new warrant, direction and commandment to be obtained hereafter; and that letters be directed to officers of arms, sheriffs in that part, to make publication and intimation hereof by open proclamation at the market crosses of the head burghs of this realm and other places needful, that none pretend ignorance of the same, inhibiting all and sundry his highness's lieges that none of them take upon hand to answer, obey or make payment of any manner of pensions given out of the said property, casualty or collectory or any part thereof to any person or persons claiming the same by any gift in pension, fee or freely discharged as said is, but to answer the said comptroller, treasurer and general collector and his deputes thereof, notwithstanding any gifts, decreets or letters obtained thereupon in time past. Excepting and reserving always out of his majesty's revocation his highness's gift or discharge made to his dearest and only great-uncle Robert [Stewart], earl of Lennox, lord Darnley, of the surplus of the thirds of the priory of St Andrews and bishopric of Caithness, more than the sustenance of the ministry serving at the kirks thereof; as also the gift of pension and assignation thereof out of his property and third of the archbishopric of St Andrews made by his majesty and ratified in his last parliament to his right trusty cousin Annabella [Murray], countess of Mar, guardian of his highness's person and spokesperson in his infancy; and likewise the gift of pension made out of the third of the abbey of Scone to his well beloved daily servant Master James Haliburton, provost of Dundee, which his highness declares not to fall or to be comprehended under his said revocation, but wills that the same gifts, pensions and discharges shall stand in full effect and force in time coming after the form and tenor thereof, and now in this present parliament ratifies and approves the same as of before, the said revocation or any other thing contained therein notwithstanding.
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Forasmuch as the king's majesty, with advice of his three estates of this present parliament, has thought it good, statute and ordained that there shall be one penny or piece of gold printed and coined of 21 carat fine, and the same to have course and passage for 40s money of this realm, containing ten in the ounce and to be called the Scottish crown, having on the one side the crown, sceptre and sword, making in the middle the form of St Andrew's cross, the one half of the date of the year in this form '15', and on the other side the other half of the date of the year in this form '79', with this circumscription, 'Hactenus invicta miserunt', and on the other side of the piece, in the middle thereof, one 'J' and one 'R', laced with the figure of '6' under them and written about 'Ad te centum et quinque proavi'. And likewise that there be printed and coined one penny of silver of the fines of eleven deniers, in whole and half pieces, the whole piece to have course and passage for 26s 8d, weighing 27 deniers and 11 grains, and to be called the two merk piece, and the half piece to have course for 13s 4d, and to be called the merk piece, the said whole piece having on the one side a thistle with one 'J' on the one side of the thistle and one 'R' on the other side of the thistle, with this circumscription, 'Nemo me impune lacesset', and on the other side of the said penny the king's arms and this circumscription, 'Jacobus 6 dei gratia rex Scotorum', the said merk piece bearing the same print, weight and fines in all things according to rate; wherefore our said sovereign lord, with advice of his said estates, ordains publication to be made of the premises by open proclamation at the market crosses of the head burghs of this realm, and to command and charge all and sundry his majesty's lieges to receive the said gold and money in ready and thankful payment, and in no way to presume or take upon hand to refuse the same upon whatsoever colour or pretence, under the pain of treason; and likewise to certify all his highness's lieges of the prices of gold and silver to be brought in to his majesty's coin-house, that is to say the ounce of utter-fine gold to be bought for £21 money of this realm, and all other gold of whatsoever fines to be agreeable in price according to the fine, the deficiency of coarser gold than is appointed to be coined being modified, and the ounce of utter-fine silver to be brought for 36s, and all other silver of whatsoever fines to be agreeable in price according to the fines, the deficiency of coarser silver than is appointed to be coined being likewise modified; and that it shall be lawful to all his majesty's subjects to bring in to our sovereign lord's coin-house and deliver to his highness's master coiner all sorts of gold and silver, either in plate work or coin, upon the prices above-specified; and ordains and commands the general master coiner, wardens, assayers, sinkers, smelters, forgerers and printers of the coin-house present and to come, each one in their own offices, to do their diligence in smelting, forging and printing of the said pieces of gold and silver as they shall be commanded by the said general and master coiner thereto according to the weight and fines above-mentioned, as they, and each one of them, will answer to our sovereign lord upon the execution of their offices.
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Our sovereign lord, with advice of his three estates in this present parliament, for the support of his highness in the administration and governing of the affairs of his crown, estate and commonwealth of his realm, has nominated, elected and chosen and, by the tenor hereof, nominates, elects and chooses the earls, lords and others underwritten to be of his highness's privy council: they are to say, James [Douglas], earl of Morton, lord of Dalkeith, great admiral of this realm, Robert [Stewart], earl of Lennox, lord Darnley, John [Graham], earl of Montrose, lord Graham, Andrew [Leslie], earl of Rothes, lord Leslie, Hugh [Montgomery], earl of Eglinton, lord Montgomery, Robert [Douglas], earl of Buchan, lord of Glendowachy,† Patrick [Lindsay], lord Lindsay of the Byres, Robert [Boyd], lord Boyd, Andrew Stewart, lord Ochiltree, Alan [Cathcart], lord Cathcart, John [Maxwell], lord Herries, David Erskine, commendator of Dryburgh, Robert [Keith], commendator of Deer, Mark [Kerr], commendator of Newbattle, James [Stewart], commendator of Inchcolm, Alexander [Colville], commendator of Culross, John Erskine of Dun and Master James Haliburton, provost of Dundee, over and above his highness's ordinary officers of the estate, to wit, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, chancellor, William [Ruthven], lord Ruthven, treasurer, Robert [Pitcairn], commendator of Dunfermline, secretary, Sir William Murray of Tullibardine, knight, comptroller, Adam [Erskine], commendator of Cambuskenneth, collector, Master George Buchanan, pensioner of Crossraguel, preceptor to the king's majesty, Sir Lewis Bellenden of Auchnoull, knight, clerk of justiciary, Alexander Hay [of Easter Kennet], clerk register, Master Robert Crichton of Eliock, his highness's advocate; admitting also Master John Colville, master of requests, with the clerk of the council and the secretary's depute to have access in the council house and to be present in time of council as they shall be commanded, and the macer to stand outwith the door; and that in absence of my lord chancellor, there be a president appointed by the remainder of the council then resident, who shall supply the chancellor's office to his returning; as also, whenever the secretary, treasurer, comptroller or collector shall happen, for necessary causes, to be absent, they shall have their deputes continually attending on the council for discharge of such things as properly pertains to every one of their offices, for which deputes they shall be held to answer; and of the said whole number of councillors and ordinary officers there shall be eight present at least when any act is made, decreet given or any matter of importance discussed concerning either the king's majesty, commonwealth or particular parties. And the said councillors nominated and elected, with his highness's ordinary officers now present, have made faith in presence of his highness and his estates that they shall give their honest, loyal and true counsel in all things that shall be proposed in council tending to God's glory, the honour and surety of our sovereign lord, his estate and commonwealth of this realm. And his highness, with advice aforesaid, grants and gives full power and commission to so many of his council as shall happen to be present for the time to receive the oaths of the lords and others admitted by this act to be in the council house, now absent, when they shall happen to compear, declaring the same to have as great strength, force and effect as if the same were presently done. It is ordained also that the master of requests and clerk of the council shall, every council day, remind the chancellor or president of the affairs of the estate, causes depending and supplications present, that they may the better be proposed, heard and determined as the necessity of everything shall require; and that the public affairs concerning the king and the commonwealth be first discussed in the morning, and in the afternoon the bills read and particular causes of parties heard, unless there be no public affairs to be occupied with in the morning; and that all signatures, letters and missives to be subscribed by his majesty be first delivered to his officer to whose charge they belong, or his depute, and they to present the same to the king's majesty, and no others to presume to urge his highness with the subscribing of letters not being first seen by his council or ordinary officers as herein is appointed, but that such letters as should be considered by the council be first read (according to the order before appointed by act of parliament) in council sitting, subscribed by two of the councillors, if they be granted, and noted on the back by the clerk as heard and allowed by the council sitting, whereof also he shall make a short note in his book, writing likewise in the same the names of them that daily sit in the council; and that the keepers of the signet, privy and great seals answer the same to no signatures or letters but such as shall be thus subscribed by the king and two of the council and noted on the back by the clerk thereof, except such signatures as are appointed by the said former act of parliament to pass ordinarily by the treasurer and comptroller properly belonging to their offices without the council; and the foreign missives, which are only to be subscribed by the king, being seen, allowed and presented by the secretary, and to the effect that no Scots missives shall be privately purchased, the form and matter not being first found good by his highness's secretary, that all the said missives shall be subscribed under the king's subscription by the secretary or his depute, or else not to be signed or closed with his highness's seal; and that all letters commanding our sovereign lord's lieges to any effect shall be directed by advice of the council and subscribed in the council sitting by two councillors and no otherwise in like manner. It is statute and ordained that the treasurer, comptroller or collectors answer none of our sovereign lord's precepts for sums of money nor any gifts, fees or pensions to any person or persons unless the said precepts and gifts be reviewed and approved by his council sitting, subscribed by two of the councillors, noted by the clerk on the back and a memoir of the effect made in his book; and this form, until a further order be taken by his highness, with advice of his estates in parliament, to endure; and in case of any deficiency by the said councillors, that the king's majesty, with advice of the remainder of his council, elect and choose other persons in their places as often as need be.
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Our sovereign lord, considering the present great charges of his estate are likely daily to increase by the maintenance of his household officers and servants, the mending and repair of his palaces, castles, house, ordinance and munitions, the sustaining of garrisons for keeping of quietness and good order on the borders, and sundry other necessary occasions, respecting in addition how his property, casualty and other rents whereupon the said charges ought and must be sustained are so greatly hurt and diminished and the prices, as well of all provisions for his house as of merchandise, risen to so exorbitant dearth as his highness's ordinary rents and casualties are not able to bear his charges, especially if the accidents fallen by escheat of the persons lately forfeited in this parliament shall be suddenly conveyed for little or no commodity to his highness; therefore our sovereign lord, by advice of his three estates, promises that he will in no way make any gift or disposition of the casualties now being in his highness's hands by the said forfeitures, or subscribe any signature or promise thereupon without the counsel, conference and advice of a sufficient number of his councillors now chosen and sitting together in council, and that the signatures and writs be first considered and subscribed by them and noted by the clerk according to the manner prescribed in the act of establishing of his highness's council; and in case any writing or signature concerning the said late fallen casualties shall happen upon inopportune suit to be passed otherwise, that the same be null and in no way to pass the seals. Reserving always the disposition made of the abbey of Arbroath's rents and fruits thereof to his dearest cousin Esme [Stewart], lord d'Aubigny, to be enjoyed and possessed by him according to the gift and disposition made to him thereupon.
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†Forasmuch as there are diverse and sundry Scotsmen, married and unmarried, within the parts of the Low Countries under the king of Spain's dominion, keeping their residence where this nation keeps their staple and having their life, industry and trade from the king's majesty's subjects, as factors to them, using and exercising the privileges granted to the said nation within the said parts of the Low Countries so far as the same makes for them their commodity and profit, and at others times renouncing the same and reclaiming therefrom, alleging to their portary† residence in a foreign country, forsaking the obedience to the king's majesty, his laws and officers; therefore, that it may be statute and ordained that an incorporation be made of the said nation and privileges thereof, especially ordaining that whatsoever person resident or remaining within the parts aforesaid (especially where the said nation keeps staple), intending to use factory or any other trade with the said nation and willing to enjoy the fruit and commodity of the said privileges, in whole or in part, shall give his oath of obedience to the king's majesty and his laws before his highness's conservator resident in the said Low Countries, and shall pay for his interest to the king's majesty's use £10 Flemish; as also shall be ready to underlie all such charges and commandments as shall happen to be directed and come from his highness in the same form and manner as if they were dwelling in Scotland; and whoever refuses to give the said oath and pay the said interest, that they shall be called before the said conservator and upon their refusal or delay deprived to have or enjoy thereafter any benefit of his majesty's subjects, and that none of his majesty's subjects have trade, traffic or use of factory with any of the persons so deprived thereafter under the same pain.
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†For the avoiding of the great multitude of sailors to the parts of Flanders, to the dishonour of the country, their own hurt and loss and great hindrance to the burghs, and for restraining of the unfreemen that resort to and frequent the said parts in merchandise in time coming, it is statute and ordained by our sovereign lord, with advice of his three estates in this present parliament, that no unfreemen frequent or use the traffic of merchandise in time coming, especially in the Low Countries under the king of Spain's dominion, under the pain of confiscation of all their goods done in the contrary; and that the conservator of the privileges of this nation search and seek the contraveners, escheat their said goods, two parts to our sovereign lord's use and the third part to his own use for his labours, and that he make account, reckoning and payment of his intromission to our sovereign lord and his treasurer once every year.
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Forasmuch as there has been sundry articles and supplications presented to our sovereign lord and his estates in this present parliament concerning his majesty and commonwealth of this realm, which require special and present consideration, and yet at some greater leisure than the whole estates now convened may well spare instantly, namely an article touching seal fees, other fees and writs, for taking order concerning the abuses and disorders of officers of arms and notaries, for hearing of the offer and contracting concerning the art of silk-making, concerning the extortion taken by customs officers and searchers, therefore our sovereign lord, with advice of his three estates in this present parliament, grants and commits full power to the lords of his highness's privy council upon consideration of the said articles and supplications, to statute, ordain, prescribe, conclude and direct that which they shall think reasonable and expedient concerning that matter to have full effect in time coming.
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†Concerning the supplication given in by the chancellor, president and remaining senators of the college of justice, making mention that where by the institution of the said college they are authorised to sit and decide upon all actions civil, and no others to have vote with them, and our said sovereign lord's dearest grandfather King James V, of worthy memory, founder of the said college, promised in the said institution thereof that he should not, by any private writing, charge or command at the instance of any persons, desire them to do otherwise in any matter that should come before them, but as justice required, or to do anything that may break the statutes made by their predecessors, the first senators of the said college at his highness's command and doing of justice, and that he would give no credit to any man that would complain against the said lords or any of them by doing of wrong and dishonesty, but they should be called before him, and, if they were found culpable, to be punished for that after the quality of the fault or offence; and if they were found clean and innocent, the persons complaining to be punished with all rigour and never to have credit again with his highness, as in the said institution, ratified by parliament, are at more length contained. Nevertheless, within these few years past, our sovereign lord's authority and their jurisdiction is greatly troubled and called in doubt by reason of sundry privy writings and charges directed against them by our said sovereign lord and his privy council, sometimes to forbear to proceed in civil cause before the raising of a lawsuit thereof, sometimes to stay the process and remit the cause to the parliament, which seldom holds, and thereupon diverse parties are often frustrated and delayed of justice, and sometimes after the decreets given the execution thereof is stopped, as sundry of the number of the said college awaiting on the said lords of articles can specially declare, which, as it tends to their discrediting, so it brings contempt to our sovereign lord's authority and casts the parties having their cause in process (to whom justice should always be patent) in great doubt when they find not a way out to have their cause decided where they are raising a lawsuit; and the king's majesty, his parliament and privy council shall have little time and opportunity to consider his highness's own affairs and the cause of the commonwealth if that, at the inopportune suit of private parties, the civil cause orderly belonging to the judgement of the college of justice shall be brought before them; therefore our sovereign lord, with advice of his three estates of this present parliament, has declared, decreed and ordained, likewise they, by the tenor hereof, declare, decree and ordain the said lords of council and session to proceed in all the said civil causes raised as lawsuits and depending before them, or to be raised as lawsuits, and to cause execute their decreets already given, or to be given, notwithstanding any private writing, charge or command at the instance of any person or persons directed or to be directed in the contrary.
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†Forasmuch as it is heavily complained upon by diverse lieges of this realm that our sovereign lord elects and chooses young men without gravity, knowledge and experience, not having sufficient living of their own, upon the session, and that some of them, by themselves, their wives or servants, take bids, bribes, goods and gear, so that justice, in effect, is bought and sold; for remedy whereof, the king's majesty, with advice of his three estates of this present parliament, statutes and ordains that none of the lords of session already received, or to be received, neither by themselves or by their wives or servants, take, in any time coming, bids, bribes, goods or gear from whatsoever person or persons presently having, or that hereafter shall happen to have, any actions or cause pursued before them, either from the pursuer or defender, under the pain of confiscation of all their moveable goods that does in the contrary, the one half thereof to be applied to our sovereign lord and the other half to the revealer and trier of the said bribe-takers. And further decrees and ordains the said bribe-takers to be displaced and deprived simply of their offices which they bear in the college of justice and to be declared infamous, and also to be punished in their persons at the king's majesty's will. And likewise our said sovereign lord, with advice aforesaid, has declared and declares that in all time coming, when any ordinary place becomes vacant in the session, that our said sovereign lord shall present and nominate thereto a man that fears God, of good literature, understanding of the laws, of good fame, having sufficient living of his own and who can make good expedition and dispatch of matters concerning the lieges of this realm, who shall be first sufficiently tried and examined by a number of the said ordinary lords; and in case that person presented by the king's majesty be not found so qualified by them, as is before described, our sovereign lord, with advice of his said three estates of this present parliament, declares that it shall be lawful to the said lords to refuse the person presented to them and the king's majesty to present another so often as he pleases, until the person presented be found qualified for using of the said place. And likewise our said sovereign lord, with advice aforesaid, has declared and declares that the president of the said college of justice shall be chosen by the whole senators thereof of the conditions and qualities above-written, whether he be of the spiritual or temporal estate, for choosing and election of whom the king's highness and estates aforesaid dispense with that part of the first institution of the college of justice bearing that the president should be of the spiritual estate and a prelate constituted in dignity. And also declares that in absence of the chancellor and president, now being and that shall happen to be for the time, it shall be lawful to the said lords to elect and choose any one of their number whom they think qualified and worthiest as said is, who shall be called vice-president, for using of the said office, calling of matters, repeating of allegiances proposed by the advocates at the bar, collecting of the lords' votes and pronunciation of their decreets and interlocutors, until the returning of the said chancellor or president.
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Our sovereign lord, with advice of his three estates of this present parliament, for his highness and his successors, ratifies, approves and confirms the revocation of all manner of gifts, infeftments, presentations or dispositions whatsoever made in our sovereign lord's name by his regents for the time in his highness's minority and less age to the late Charles, earl of Lennox, and his heirs whatsoever of the heritable gift of the earldom of Lennox, lordship of Darnley, barony of Tarbolton and of all other lands, lordships, baronies, castles, towers, fortalices, manor places, mills, multures, woods, fishings, offices and of the office of sheriffdom of Dunbarton, with tenants, tenantries and service of free tenants, advocation, donation and right of patronage of kirks, benefices and chaplainries and all their pertaining parts mentioned therein in all the heads, clauses and articles of the same, of the which revocation made by his highness, with advice of the lords of his secret council for the time, the tenor follows:
We, James, by the grace of God, king of Scots, understanding the privilege of the common law, acts and statutes of our realm, provided and given to the successors of all manner of persons to revoke, abrogate and annul all things done by them in their youth and minority to their damage and hurt of their heritages by imprudent alienations, donations and sales thereof, and that they may revoke the same, we, therefore, for certain great and reasonable causes moving us, having respect to the commodity of our crown, posterity and commonwealth of our realm, by the advice of the lords of our secret council, have revoked and, by the tenor hereof, revoke all manner of gifts, infeftments, presentations and dispositions whatsoever made in our name, by our regents for the time in our minority and less age, to our dearest cousin and uncle the late Charles, earl of Lennox and his heirs whatsoever, of the heritable gift of the earldom of Lennox, lordship of Darnley, barony of Tarbolton and with all the lands, lordships, baronies, castles, towers, fortalices, manor places, mills, multures, woods, fishings, offices and especially of the sheriffdom of Dunbarton, tenantries and service of free tenants, advocation, donation and right of patronage of kirks, benefices and chaplainries pertaining thereto, and all their pertaining parts, and also the said office of the sheriff of Dunbarton in so far as it was assigned in our minority to James Galbraith of Culcreuch in manner aforesaid; and likewise revoke, abrogate and annul the infeftment made to our said late dearest cousin and uncle of the lands of Cruikisfie, with castle, fortalice and mill of the same, the lands of Inchinnan, with the manor place and palace of the same, the lands of Perthakschot, with the mill of the same, with tenants, tenantries and service of free tenants of the same and their pertaining parts lying within our baronies of Renfrew and sheriffdom of the same; and likewise revoke the infeftment given to our said late dearest cousin of the lands of Gonachan and Bellagan, sometime pertaining to the blackfriars of Glasgow, together with all manner of dispositions, gifts, assignations or other manner of titles made to whatsoever other persons by us, with advice of our said regents, of any part of the said earldom and lordships and others above-written falling and belonging to us by right and succession as nearest and lawful heir and successor of our late most dear father and grandfather or others their predecessors, last lawful heritable possessors of the same earldom, lordships and others aforesaid, together with all assignations of reversions of whatsoever our said predecessors' lands and living, or any part thereof, made and assigned to us and our regents in our name to our said late dearest cousin or any others; and this we will shall be extended in as ample form as any other revocations made by our said most noble progenitors, kings of Scotland, in any times past, and ordain the same to be ratified and approved in our next parliament, protesting solemnly [that] suppose we, of our favour and benevolence, suffer any person or persons to use and possess any privilege or possession of lands and offices fallen under this our revocation, it shall make no right to the users or holders thereof, but it shall be lawful to us to put to our hands thereto whenever it shall please us, without any further process by virtue of this our revocation, subscribed with our hand at our castle of Stirling, 3 May 1578, and of our reign the eleventh year.
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Our sovereign lord, having respect to the good, true and thankful service done to his highness by his dearest and only great uncle Robert, now earl of Lennox, lord Darnley etc., willing to advance him for the same, as also to advance and restore that most honourable and ancient house of the earldom of Lennox whereof his highness is lately descended, to the end that the same may stand and continue with the blood thereof at the pleasure of God in such estimation, fame and pre-eminence as it has done heretofore in all times preceding, past very many ages, with advice, consent and assent of the three estates of this present parliament, ratifies and approves the infeftment made by his highness to his said dearest and only great-uncle Robert, now earl of Lennox, lord Darnley, and the male heirs of his body, toward the disposition of the said earldom of Lennox and lordship of Darnley with the other lands specified thereto, according to the charter and infeftment passed thereupon; whereof the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that after our acceptance of government in our own hands with the advice and consent of the lords of our privy council, we noticed that the earldom of Lennox, the lordship of the land, the office of barony, the sheriffdom and other things specified hereunder relating to the earls and proprietors of the same, because of the death of our late dear grandfather Matthew [Stewart], earl of Lennox, lord Darnley etc., regent at the time of our kingdom, ourselves and our lieges, and on account of the death of the late Henry [Stewart], by the grace of God, king of Scots, our dearest father of most noble memory, had come into our hands, and were fully transferred to our person by our said dearest father and grandfather as if heir and successor to them, also because of the continuation of the honourable status of the house or family of Lennox which was in the past outstanding, noble and ancient, we, not with the intention that they should be united with or annexed to our crown, but rather because the said earldom, lordship of the land, offices of barony and other offices pertaining to our predecessors as earls of Lennox and lords of Darnley etc., should remain with our closer relatives on the male side of the name who could maintain the honour and status of the said house, moved by this reasoning, and for various other serious considerations, with the advice and consent of our dearest regent at the time, after the death of our said father and grandfather, we granted each and all lands, baronies, lordships, the office of sheriff and other consequent offices of the said earldoms, to the late Master Charles Stewart, brother of our said late and dearest father, and to his heirs, he being at the time the closest to our blood and concerning whom there was the best hope of male heirs. However, on the death of the said Master Charles, he left no male heirs. On account of this, the state of the said house of Lennox returned to the same position on the decease of its supreme head and master, just as it had been before the infeftment of the said Lord Charles. Thus, because we do not immediately have less cause to provide for the good governance, continuation and defence of the said house than we had formerly, therefore on our royal authority and as prince and marischal of Scotland, with the advice and consent of the said lords of our privy council and remaining in the same intention in regard to the permanent continuation of the said house with our closer friends and relatives of the name, we have now revoked, quashed, annulled and by the wording of the present charter do revoke, quash and annul the said former infeftment to the said late lord Charles granted by us in our infancy and minority. And now we give, grant and convey and by this present charter of ours give, grant and convey to the said great kinsman of ours Lord Robert Stewart, brother of our late grandfather, and to his heirs hereinafter mentioned, all and complete the said earldom of Lennox and all the lands, lordships and baronies of the said earldom wherever they lie within our realm, together with every single castle, tower, fortalice, wood, multure, salmon fishery in the waters of Leven and Garelochhead, together with whatever other fishponds, parts, pendicles, annexed or connected, and held or due to be held freely, services of tenants, their rents, marriage rights and right of patronage of the provostship of the collegiate church of Dumbarton and of the prebendaries of the same church and of other churches, benefices and chaplaincies of the said earldom and of all their pertinents lying within our sheriffdoms of Dunbarton and Stirling. Further, the whole and complete office of sheriff of Dunbarton, with all its privileges, casual benefits, immunities, feus, duties whatsoever which relate and pertain to it. This earldom and the office of sheriff have of old been attached and incorporated. Just as we with the advice of the forementioned, now by the wording of our present charter we do unify, annex, create and incorporate the foresaid lands special and general and the office of sheriff, with castles, towers, fortalices, payments, giving in marriage, patronage in law and all other foresaids in full and free earldom for all time to come, the earldom called Lennox, by naming as formerly by ordaining the manor of Inchinnan to be the principal place, messuage and manor of the said earldom. And that the entire sasine will now stand for all time to come with the said Lord Robert and through his heirs hereinafter mentioned to be held at the same messuage, and the sasine shall be sufficient in respect of all and each part of the foresaid lands, the office of sheriff and other foresaid things united with and annexed to the said earldom as mentioned, without any other special or particular sasine requiring to be taken regarding them in any aspect, notwithstanding that they do not lie together contiguously to what with the advice of the forementioned we are conveying by the wording of this charter of ours. Furthermore, we, with the advice of the foresaid, name, create, have constituted and do ordain the said Lord Robert and his heirs as earls of the said earldom of Lennox, ordaining and wishing that he and his foresaid heirs should use, enjoy and possess the said earldom and its freedoms, jurisdictions, honours and privileges in parliament, privy council, court of session, and in all other respects and others as appropriate, as is proper for an earl of our realm, and as freely as any and all of the earls of Lennox enjoyed in the past, for all time to come and without any impediment of any kind arising therefrom. And also by the wording of the present charter we give, grant and convey to the said Lord Robert and to his heirs hereinafter mentioned all and every part of the lands and the barony of Tarbolton, extending to a hundred pound land of old extent, with tenants, tenancies, the services of free tenants, their payments, rights of marriage, and right of patronage of the churches and chaplaincies of the same, the lands of Galston, with tower, fortalice, manor, multure, tenants, tenancies, services of free tenants and their payments, rights of marriage, right of patronage, churches and chaplaincies of the same, and all their pertinents, extending to a forty merk land of old extent, and totally and completely all and completely the lands of Dreghorn, with their pertinents, extending to a twenty merk land of old extent, lying within our sheriffdom of Ayr, which of old were created and incorporated, and the barony of Tarbolton, so called, just as we with the advice of the forementioned and now in the wording of our present charter unify, join, create and incorporate all and entire the foresaid lands of Tarbolton and all the foresaid elements of the same foresaid barony into one complete and free barony for all time to come, naming and ordaining it as the barony of Tarbolton and naming the house or manor built on the hill commonly called the Court Hill as the principal messuage of the said barony. And that a single sasine shall now stand to be held at the said messuage by the said Lord Robert and his heirs, and the sasine shall be sufficient, in respect of each and every part of the said lands of the foresaid barony, with castles, towers, fortalices, woods, multures, fisheries, tenants, free tenants and services of the same tenancies, rents and donations of the churches, chaplaincies of the same, and all their pertinents, without any other special or particular sasine regarding them in whatever direction being taken, notwithstanding that the said lands do not lie together contiguously. Regarding which we, with the advice of the aforesaid, for ourselves and our successors, do convey by the wording of the present charter. And likewise we with the advice of the aforesaid and by the wording of this present charter of ours give, grant and convey to the aforesaid Lord Robert and his heirs named hereinafter all and each part of the lands of Cruiksfie, with its castle, tower, multure, building, parks, and the guardianship of those, the lord's lands of Darnley and their multure, the lands of Dormanside, Netherton and Old Crookston, extending to a twenty pound land of old extent lying around the said castle, manor and palace of Inchinnan with their park and meadows. The lordship of Inchinnan, the lands of Whitehill, the town of Inchinnan, Racbelie, Wrichtisland, Fluris, Craigton and Gardnardland, with all the common land of the same, extending similarly to a twenty pound land of old extent. The lands of Parthikscot, with their multure, parts, pendicles, tenants, free tenancies, services of tenants of the said lands respectively with all their pertinents, lying within the barony and our sheriffdom of Renfrew. Further, all and complete the lands of Ballencrieff, with their multure, the lands of Balvaird, Isle of Eistoun of Torbane, with tenants, free tenancies, services of their tenants, and their pertinents, lying in the barony of Bathgate within our sheriffdom of Renfrew by annexation. And also all and every one of five pound lands of the lands of Gargunnock of old extent, with pertinents, lying within our earldom of Stirling. Furthermore, whole and complete, the lands of Ballagan, with pertinents, commonly called the friars' lands and occupied at present by Robert Buchanan, lying within our said earldom of Dunbarton. Further, we with the advice of the foresaid, for ourselves and our successors, by the wording of the present charter, give, grant and convey to the foresaid Lord Robert Stewart and his heirs hereunder named together and separately the foresaid earldom, the office of sheriff, lordships, baronies, lands and other things specified above, with castles, towers, fortalices, manors, woods, multures, fisheries, parts, pendicles, annexes and connexes, tenants, free tenantries, services of the same, advocation and donation of the said provostship, and of other benefices of churches and chaplainries respectively with all their pertinents. As for all right and claim, property and possession on the part of claimant or possessor which our predecessors or successors had, have or will be able to claim in respect of these or any part of these or in respect of ferms, profits and duties in relation to these or any part of these, by reason of escheat, forfeiture, inquest into wardship, entrance to all or the majority of it, alienation, encroachment, disavowal of bastardy, or for any whatever other action or retrospective case, by renouncing, quitclaiming and discharging the same in respect of ourselves and our successors with all action and process, in favour of the foresaid Lord Robert and his heirs hereunder named with agreement and no legal action and with understanding of all omissions, whether named or not, which as if expressly we wish to be had in this present charter of ours. These are to be held and had wholly and completely, namely the foresaid earldom of Lennox, the lands, lordships, office of sheriff, baronies, and whatever relates to the said earldom, wherever within our realm it lies, with each and every castle, tower, fortalice, manor, wood, multure, salmon fishery in the said waters of Leven and Garelochhead, and other fisheries wherever they are, parts, pendicles, annexes and connexes, tenants, free tenancies, services of the same, advocations and donations and right of patronage of the said provostship of Dumbarton and the prebendaries of the same, and of other churches and chaplaincies of the said earldom. Also the said office of sheriff of Dumbarton and its attachments, with all freedoms, jurisdictions, privileges, feus and duties of the same office and all its pertinents united and attached as has been said above. Also all and severally the lands of Galston and the lands of Dreghorn with, together and severally, castles, towers, fortalices, manors, multures, fisheries, parts, pendicles, annexes and connexes, tenants, free tenancies, service of the same, advocation and donation of the same churches and chaplaincies respectively and all their pertinents in free barony united and annexed as has been said above. And similarly whole and complete the foresaid five pound land of the lands of Gargunnock of old extent. And all and wholly the foresaid lands of Ballagan commonly called the friars' lands, with all their pertinents, from us and our successors as kings of Scotland in free earldom, free baronies, feu and inheritance in perpetuity. Also all and wholly the foresaid lands of Cruikisfie, the lord's lands of the same, and the lordship of Darnley, the lord's lands and multure of the same, the lands of Dormanside, Netherton and Crookston, the manor and palace of Inchinnan, with the parks and meadows of the same, the lord's lands of Inchinnan, the lands of Quhithill, the town of Inchinnan, Racbelie, Wrichtisland, Fluris, Craigtoun and Gardnarland, with all their common land, the foresaid lands of Parthikscot and the multures of the same; with all castles, towers, fortalices, manors, orchards, gardens, multures, fisheries, parts and pendicles, annexes and connexes, tenants, free tenancies, services of the same lands respectively and all their pertinents. All and complete the lands of Ballencrieff with their multure, the foresaid lands of Bawardy and the Isle of Eistoun of Torbane, with parts and pendicles, tenants, free tenancies and services thereof, and all their pertinents, in fee and heritage, from us and our successors as princes and marischals of Scotland in favour of the foresaid Lord Robert Stewart and his lawful male heirs, in perpetuity, by all proper and ancient bounds and divisions, as they lie in longitude and latitude, in terms of houses, buildings, firewood, plains, muirs, marshes, roads, paths, waters, ponds, streams, meadows, grazings and pastures, millings, multures and their accompaniments; with fowling, hunting, fishing, peat mosses, turf, coal, coal mines, rabbits, rabbit warrens, pigeons and dovecots, workshops, breweries and brewhouses, whins, thickets and brushwood, sticks and timber, stoneworkings, stone, lime, with furca et fossa, soke and sak, toll and theame, infangthief and outfangthief, pit and gallows, wrack and wair, waith, vert and venison. With free forest in all forests wherever they have been or in future will be planted or have grown. With courts and their disposals, superior's levy, bloodwit, and marrying of women. With common pasture, free entry and exit, and with all and every other freedom, other convenience, profit and easement and with whatsoever just pertinents whether named or not, both under the ground and above it, far and near, relating to, or possibly in whatever way considered to be relating to, the said earldom, its lands, lordships, baronies, the office of sheriff, and other things forementioned, together with their pertinents, freely, peacefully, fully, completely, honourably, well and in peace, without any revocation, challenge, impediment or obstacle whatsoever. In return for the said earldom of Lennox and the office of sheriff of Dunbarton, each year the said Lord Robert Stewart and his foresaid male heirs shall give to us and to our successor kings of Scots the rights and services due and accustomed formerly, and justice duly administered in the said office in accordance with the laws and statutes of our kingdom. And for the said lands and barony of Tarbolton with what is annexed and connected, with tenants, free tenancies and other foresaids of them, one suit in the chief court of our sheriffdom of Ayr held after the feast of Michaelmas [29 September] next. Also ward, relief and marriage only when it occurs. And for the foresaid lands of Gargunnock and Ballagan, one penny of the common coin of our realm on the day of the feast of Pentecost for the ground rent of the said lands as blench ferm, only if it be sought. Further, in return, to us and our successors as kings and marischals of Scotland, for the said lands of Cruiksfie, with its castle, fortalice, buildings, gardens, lord's lands, wards and parks, the lord's lands of Darnley and their multures, and the lands of Dormanside, Netherton and Old Crookston, and for the manor and palace of Inchinnan, with their parks and meadows, the lord's lands of Inchinnan, the lands of Quhithill, the town of Inchinnan, Racbelie, Wrichtisland, Fluris, Craigtoun and Gartnarland, with their own common land (which from of old were granted in free blench ferm in return for custody of the policies of the said castle, palace and manor), one silver penny of our realm at the castle of Cruiksfie on the day of the feast of Pentecost as blench ferm, only if sought. And for the remaining lands of Cruiksfie, Inchinnan and Parthiscott, with their pertinents, the service of ward and relief as due and customary. And also in return for the foresaid lands of of Ballencrieff with their multures, the lands of Bawerdy and the Island of Eistoun of Torbane with tenants, free tenancies and their pertinents, law service, ward, relief and marriage, only as it happens. In witness of this we have instructed our great seal to be attached to this present charter of ours. Witnesses were our kinsmen and councillors John [Stewart], earl of Atholl, lord of Balvenie, our chancellor, Colin [Campbell], earl of Argyll, lord Campbell and Lorne etc., our justice general, James [Douglas], earl of Morton, lord Dalkeith etc., admiral in chief of our realm, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Robert [Pitcairn], commendator of our monastery of Dunfermline, our secretary, our beloved friends familiars and councillors Master James MacGill of Nether Rankeilour, clerk of our register of rolls and our council, Sir Lewis Bellenden of Auchnoull, our justice clerk, Alexander Hay, our director of the chancellory, and Master Thomas Buchanan of Ibert, keeper of our privy seal. At our castle of Stirling on 16 June in the year of the Lord 1578, and in the eleventh year of our reign.
[1579/10/58]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates of this present parliament, perfectly remembering and understanding that in August 1567, our said sovereign's late dearest uncle James, earl of Moray, lord Abernethy, was nominated, constituted and elected regent to his majesty, his realm and lieges, and the said election, constitution and acceptance of the said office by the said late James, earl of Moray was by his highness, with approbation and consent of the estates convened in parliament, decreed lawful and sufficient, and that whatsoever things the said James, earl of Moray, regent, had done by virtue of his said office, or which he should do thereafter in his majesty's name and authority, to be as duly, lawfully and righteously done and to have as great value, strength and effect in all respects as anything done by whatsoever regents or governors of this realm in the minorities of any other native princes of the same, and that the said late Earl of Moray, for due administration of the said office and defence of his majesty and his highness's authority and bringing of his rebels and disobedient subjects to their due obedience, took great care, travail and diligence and not only spent and disbursed all and whatsoever revenues or other profits which may be brought in pertaining to his majesty, either in property or casualty, beside the thirlage of his own living and the rents of his proper dependence, for the advancement of our sovereign lord's service, but also many times, both day and night, exposed his own body and life with other noblemen and faithful subjects aforesaid, ever continuing in the upright and diligent administration of his office to his life's end and until his death was conspired and perpetrated by certain most treasonable conspirators in January 1569 [1570]. Therefore, in respect of the manifest truth and notoriety of the premise, our sovereign lord and estates aforesaid, by this present act, decree and declare that the said late James, earl of Moray, sometime regent to his majesty, his realm and lieges, duly, valiantly, justly and diligently used and exercised the said office of regiment and all affairs, causes and charges thereto pertaining and concerning the same continually from the time of the acceptance of the said office to the time of his decease, and in all his proceedings and doings the time of his government and regiment kept and observed a true, just, upright and valiant part toward his majesty, his authority, realm and lieges in all affairs thereof, without offence or fault; and therefore ratify and approve all and whatsoever things done by him in the same, and exonerate and discharge Elizabeth and Margaret Stewart, daughters and heirs of the said late Earl of Moray, Dame Anna Keith, his widow and executrix, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, chancellor and justice general of this realm, Robert [Stewart], earl of Lennox, lord Darnley, and Sir James Stewart of Doune, knight, curators to the said Elizabeth, for their interest, and the said Colin, earl of Argyll, tutor dative to the said Margaret, for his interest, their heirs, successors and assignees of all and whatsoever facts and things done by the said late earl and others in his name whatsoever in the administration of the said office of regiment and during all the time and space of the same, and also of all sums of money, jewels, moveables, mails, ferms, profits, rents, revenues and duties, both of his majesty's proper patrimony and casualty of this realm, and profit of his majesty's coin, thirds of benefices and whatsoever other goods or gear, as well unnamed as named, pertaining or that in any way might have pertained to his highness enduring the time aforesaid, intromitted with by the said late Earl of Moray, his servants and factors in his name and all action and instance that may be raised as a lawsuit and pursued against his said daughters, heirs, widows and executors aforesaid, their heirs, executors, successors, assignees or any others by his occasion in any way concerning the premises or any part thereof; providing always that this present discharge and ratification in no way prejudices our said sovereign lord concerning his general revocation of those things that come under the same, and also that this present act be in no way prejudicial to our sovereign lord for recovery of all such jewels as were not engaged nor sold by the said late James, earl of Moray, but that his highness may recover the same from the persons, possessors thereof, as he thinks expedient.
[1579/10/59]*[print] [email] [cite] [preceding] [following]
The which day, in presence of the king's grace and his highness's three estates of this present parliament, compeared John, earl of Mar, lord Erskine, and humbly required the exoneration, discharge and declaration following to be ratified and approved just as his highness has ordained the same to be; of the which the tenor follows:
James, by the grace of God, king of Scots, to all and sundry our lieges, subjects and others whom it concerns, greeting. Forasmuch as it is well understood by us, by credible reports, authentic writs and certain proof had in our own time, what special trust our most noble progenitors these many years past have reposed in the house of Erskine, but especially how in men's memory yet living first the person of our dearest grandfather King James V, of worthy memory, in his minority, was committed in the governance of certain our nobility and estates within our castle of Stirling, the late John [Erskine], lord Erskine, grandfather to our right trusty cousin John, now earl of Mar, having the charge and command of our said castle for the time, to whom also long thereafter was committed the nurture and governance of [Mary], the queen, our dearest mother, in her infancy, both within our realm and in France, and likewise the custody of our castle of Edinburgh, which, with the ordinance and munitions and others, the royal moveables of our crown, were by him and the late John, earl of Mar, lord Erskine, his son, sometime regent to us, our realm and lieges, safely and faithfully preserved in dangerous times and great alterations the full space of 12 years and were obediently delivered to our said dearest mother when she thought fit to require the same, at the which time we, ourself not passing nine months then of our age, was committed by the queen, our mother, to the last late Earl of Mar upon special trust reposed in his person, to be nursed and brought up within our said castle of Stirling under his tutelage and governance, which charge he accepted and duly and faithfully accomplished the same to his decease, which was in October 1572; after which, it being considered by our right trusty cousin James [Douglas], earl of Morton, lord of Dalkeith, late regent to us, our realm and lieges, with our council and estates for the time convened, that albeit our said late cousin and regent, the Earl of Mar, was taken from this life, yet remained his son, heir and successor of good expectation, nursed and brought up with us in our company and service, as also our cousin Annabella [Murray], countess of Mar, his mother, our governance, as touching the ordering of our person and attending upon affairs and nurture in our infancy, Alexander Erskine of Gogar, master of Mar, and the said earl's other friends that of before had special care of our keeping when the said late Earl of Mar, our regent, was absent in person and occupied in the affairs of the regiment and state in the troublesome time of our minority, and thought it most convenient therefore that we should abide and remain within our said castle of Stirling where we should have been brought up of before from our birth, the heritable keeping whereof pertaining to our said cousin John, now earl of Mar, but, in consideration of his tender age the time of his said late father's decease, he being only 11 years of his age or thereby, it was thought fit that the charge of the attendance on our person should lie for that time upon our well-beloved servant the said Alexander Erskine of Gogar, master of Mar, assisted always with the friends of the house of Mar, and our nurture to be in the charge of the said Countess of Mar as toward our affairs and ordering of our person, just as since we accepted the government of our realm upon ourself for the most part the said John, now earl of Mar has had the charge of the attendance upon our person and keeping of our said castle of Stirling, our continual residence and remaining being therein since then until now, and that of our own good liking and special desire, without any compulsion, persuasion or sinister means used to the contrary; and whereas by advice of our estates convened in the last month of March there was order and direction given concerning our resorting to the fields to our recreation and pastime, and lastly, on 8 August 1579, we and our estates then convened, having found it expedient that we shall hold our next parliament in our burgh of Edinburgh and repair there in proper person, whereto now we, with advice of our said estates, are in readiness to depart, we having perfect knowledge by good proof, long and infallible experience of the truth and affection of the said late Earl of Mar, our regent, John, now earl of Mar, his son, Annabella, countess of Mar, his mother, Alexander, master of Mar, his uncle, David [Erskine], commendator of Dryburgh, Adam, [Erskine] commendator of Cambuskenneth, and others, his friends, servants and dependants upon the said John, now earl of Mar, assisting his said late father, his mother, his uncle and himself in performing of the charge of the preservation of our person and our said castle of Stirling, have now thought it reasonable to give them testimony and declaration thereof, with sufficient discharge as appertains; and therefore, with advice of the lords and others of our nobility and privy council under-subscribing, find, declare, affirm and testify that the said late John, earl of Mar, lord Erskine, his said late lord and father, his mother, his uncle, himself, his said cousins, the commendators of Dryburgh and Cambuskenneth and his said friends, servants and dependants assisting his said late father, his uncle and himself in performing of the charge of the preservation of our person and our castle of Stirling, into the which our residence has been to this present time, has done us true, thankful, worthy and good service and duly accomplished their said charge since the acceptance thereof, according to the instructions, acts of secret council and of parliament passed thereupon of before, allowing and approving the same presently, and that they and their sureties found by them for keeping of our said castle of Stirling, in name and to the use and advantage of us, and attendance upon our person and preservation of the same within our said castle, at the devotion and direction of us and our said council, be, from this day forth, freely exonerated, indemnified and discharged for them and their heirs of the bonds, acts and obligations made to this effect in time past by his said late father, his uncle, himself and his friends, and of all action, suit and claim that may be raised against him, or them, for receiving, accepting and using of the said charge by command of us, the queen, our dearest mother, our regents or ourself in time past or any other thing intervening thereupon before the date hereof; and declare that our said cousin John, now earl of Mar, his said late father, his mother, his uncle, himself, nor none of their deputes, under-keepers, servants and officers in our said castle have committed any crime or offence whatsoever therein that in any way may be laid to their or any of their charges in time coming, renouncing all action and instance that may be intended or pursued against them, or any of them, therefore, for now and ever, so that hereafter the said earl shall not be further obliged in keeping of our said castle of Stirling except as the other captains and keepers of our castles and houses having the custody thereof in heritage or tacks or during our will, and this in sign and token of our favour and in a part of recompense of that favour and goodwill and true service that our said cousins, forbearers and himself have made to us and our progenitors in time past. Moreover, this act being produced in our parliament, we shall cause the same to be ratified, allowed and approved by the three estates thereof in all points. Given under our signet and subscribed by us and the said lords of our nobility and council present at our castle of Stirling on 27 September 1579, and of our reign the thirteenth year. It is thus subscribed, James Rex. [James Douglas, earl of] Morton, [William Douglas, earl of] Angus, [Colin Campbell, earl of] Argyll, [Robert Stewart, earl of] Lennox, [Andrew Leslie, earl of] Rothes [John Graham, earl of] Montrose, [William Ruthven, lord] Ruthven, [Patrick Drummond, lord] Drummond, [Andrew Stewart, lord] Ochiltree, [George Douglas, bishop of] Moray, [Alexander Campbell, bishop of] Brechin, [James Drummond, commendator of] Inchaffray, [Sir William Murray of] Tullibardine, comptroller, James Stewart.
Which discharge, exoneration and declaration and all and sundry points, passes, clauses, articles and conditions above-written contained therein, his majesty, with advice of his three estates in this present parliament, ratifies, approves, confirms and allows and has interposed and interposes their authority thereto so that the said earl, the said Countess of Mar, his uncle and others, his friends and servants above-specified, shall enjoy and possess in all times coming the whole privileges and commodities specified in the said discharge, exoneration and declaration after the form and tenor thereof in all points. And moreover, our said sovereign lord and his said three estates testify, declare and affirm that the said Earl of Mar, as son and heir of his said late father, and for himself, for their said long, true and good service done to his majesty and his progenitors, and especially to himself since his birth and coronation, has merited a worthy and honourable reward, which his highness, with advice and consent aforesaid, in the first word promises to gratify him with his help and preferment how soon God shall offer the same.
[1579/10/60]*[print] [email] [cite] [preceding] [following]
In presence of our sovereign lord the king's majesty and three estates of this present parliament compeared personally James [Douglas], earl of Morton, lord of Dalkeith, for himself and Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, John [Erskine], earl of Mar, lord Erskine, Hugh [Montgomery], earl of Eglinton, lord Montgomery, William [Ruthven], lord Ruthven, treasurer, Robert [Boyd], lord Boyd, Alan [Cathcart], lord Cathcart, and presented a commission made and given to them and certain others nominated therein by his majesty, with advice of the lords of his secret council, with a declaration, exoneration and discharge made also by his highness, with advice of the said lords, to the said lord commissioners and contained in the books of secret council, enquiring humbly the same declaration, exoneration and discharge to be ratified, approved and confirmed in parliament and the authority of his highness and three estates to be interposed thereto, of the which commission, declaration, exoneration and discharge the tenor follows:
At the castle of Stirling on 22 May 1579, the which day, in presence of the king's majesty and lords of secret council, compeared personally his right trusty cousins and counsellors James, earl of Morton, lord of Dalkeith, Archibald, earl of Angus, lord Douglas and Abernethy, John, earl of Mar, lord Erskine, William, lord Ruthven, treasurer, and Alan, lord Cathcart, and produced a commission given to them and others nominated therein by his majesty, with advice of the lords of the privy council, whereof the tenor follows: James, by the grace of God, king of Scots, to all and sundry our lieges and subjects whom it concerns, whose knowledge these our letters shall come to, greeting. Forasmuch as after the most treasonable and cruel murders of our late dearest grandfather, Matthew [Stewart], earl of Lennox, lord Darnley, and of our late dearest uncle, James [Stewart], earl of Moray, lord Abernethy, both regents to us, our realm and lieges for the time, committed by John Hamilton, sometime commendator of Arbroath, and Claud Hamilton, sometime commendator of Paisley, with their accomplices, following the bloody trade which they and their forebears of the same name had used of before in murdering and procuring the distraction of our dearest grandfather and father of worthy memory, the same race after so many and mischievous murders having raised and maintained a dangerous civil war against us and our authority in our young age, wherein many of our dearest kin and faithful subjects were slain and cut away, at last in February 1572 [1573], a certain pacification was made at our burgh of Perth and thereby the persons that entered in the said civil war and rebellion against us remitted and discharged for all crimes, transgressions and offences committed by them in the said common cause, or anything depending thereupon, saving in so far as the said remission and discharge might extend to the murders of our said dearest grandfather and uncle, the earls of Lennox and Moray, our regents, which were thought matters of such weight and importance as our right trusty cousin James, earl of Morton, lord of Dalkeith, our regent at that time of the making of the said pacification, could not sufficiently of himself remit; yet, in respect of the necessity of the same pacification, it was accorded that the matter of remission of the said murders, being moved by the persons craving the same remission to [Elizabeth I], our dearest sister and cousin, the queen of England, being princess in the world nearest to us both by blood and habitation, whatever she should advise and counsel touching the remission of the said murders, our said cousin, the Earl of Morton, our regent for the time, with advice of our parliament, for the good of us and the universal quietness of our realm, should perform, observe and fulfil; and according thereto, our said dearest sister, being moved, declared her advice that the inquisitions, searches and revenges, by justice or otherwise, of the said two murders should be suspended, deferred and put over to such time as we should be of that age as by the laws and customs of our realm we should take the government to ourself, to whom she meant not at that time that her said advice should be any prejudice, but that we might in this case do then as should seem expedient. And we, having now by the space of a year past, with advice and consent of our three estates, agreeable with the laws and custom of our realm, taken the government of the same to ourself and our acceptance thereof ratified and approved by parliament, considering our duty ought to God in revenging by justice of the said cruel murders, and that the said pacification and advice of our said dearest sister, the queen of England, nor any promise contained therein, in any way impedes the punishment of the said murders against the persons culpable thereof; and that by our laws and acts of parliament it is expressly statute and ordained that if any person does treason against our person or majesty, or rise in fear of war against us, or reset any that has committed treason or supply them in help, advice or counsel, or fortify the house of those that are convicted of treason and hold them against us, or that fortifies houses of their own in furthering of our rebels, or that assails castles or places where our person is or shall happen to be, without the consent of our three estates, shall be punished as traitors, and that persons slandered or suspected of treason shall be taken and remain in custody and their goods under secure surety until the time that they have undergone an assize, whether they be liberated or guilty. And understanding the said John, sometime commendator of Arbroath, and Claud, sometime commendator of Paisley, to be chiefly culpable of the said most treasonable and cruel murders, having neither respected remission nor any other grace, favour or privilege of the said pacification for that, but standing in case to be pursued and punished for the same as to us should seem convenient, now we, having taken the government of our realm to ourself, finding them moved by their guilty consciences for fear of pursuit by order of justice to absent themselves, and that they and James [Hamilton], earl of Arran, their elder brother, being charged to have rendered and delivered the castles and houses of Hamilton and Draffan, have despicably and treasonably disobeyed our charge and fortified and maintained the said houses with diverse persons culpable of the said murders and others; which having thereby committed and done treason against our person, majesty and estate, are risen in fear of war against us, have reset the committers of treason and the murderers of our said dearest friends and regents, and supplied them in help, advice and counsel and fortified the said houses, withholding the same against our authority in furthering of our rebels and traitors, and so are not only suspected and slandered of treason, but in manifest action declare themselves culpable thereof; through which we had, and have, just and necessary occasion according to our laws and acts of parliament to command their persons to be taken and remain in custody and their goods to be put under surety and arrestment until they have undergone an assize, whether they be culpable or innocent of the said treasonable murders; and in consideration that the said persons culpable of the said cruel murders and certain others, their partakers and followers, have withdrawn themselves within the said castles of Hamilton and Draffan, and that they and the said James, earl of Arran, John and Claud Hamilton, being charged to deliver the same to us under the pain of treason, have treasonably disobeyed the charge and thereupon incurred the said pain added to their former most wicked and treasonable deeds, we, with advice of the lords of our privy council, respecting the danger of this great contempt and disobedience and the peril that it may import to our honour, estate and authority if it shall be further passed over, calling to mind the sundry civil wars and rebellions raised against us and maintained against us and our authority in our minority, and against our most noble progenitors, by means of the holding of the said castles against us, and the authority of this our realm in time past, and having good proof of the wisdom, fidelity, experience and circumspection of our right trusty cousins and counsellors, James, earl of Morton, lord of Dalkeith, Archibald, earl of Angus, lord Douglas and Abernethy, John, earl of Mar, lord Erskine, Hugh, earl of Eglinton, lord Montgomery, William, lord Ruthven, our treasurer, Robert, lord Boyd and Alan, lord Cathcart, have therefore, with advice of the lords of our secret council, made, constituted and ordained and, by the tenor hereof, make, constitute and ordain them and every one of them, jointly and separately, our lieutenants and justices in that part to the effect underwritten, giving, granting and committing to them, and every one of them, our full power, special command, express bidding and charge to convene our lieges in warlike manner and to pass, search and seek the said John and Claud Hamilton and all other persons suspected and slandered as art and part and culpable of the said treasonable murders of our said grandfather and uncle, our regents, either being within the said houses and castles of Hamilton and Draffan or other places whatsoever within our realm and, being apprehended, to put and hold them in firmance and administer justice upon them conforming to the laws of realm; and to that effect, justice court or courts at whatsoever part or parts of our realm where they shall think expedient as often as need be to set, begin, affirm, hold and continue, sects to make be called, absentees to fine, trespassers to punish, penalties, fines and escheats of the said courts to ask, lift and raise, and for the same, if need be, to poind and distrenzie, and to our use and commodity, by direction of our treasurer, to bring in; and in the same court or courts all persons suspected and accused as culpable, art and part of the said murders, to call and by dittay to accuse and put to the knowledge of an assize therefore, and, as they be found culpable or innocent, to administer justice upon them conforming to the laws of our realm, and the assize, one or more hereto, of the best and worthiest persons that can be apprehended and that best knows the verity, each person under the pain of £40, to summon, warn, choose and cause be sworn deputes under them, with clerks, serjeants, dempsters and all other officers and members of court needful to make, create, substitute and ordain, for the which they shall be held to answer. And in case the said persons slandered or suspected of the said treasonable murders, or any their assisters and partakers, make resistance, fortifies and h[...] the said castles of Hamilton and Draffan or other houses and strengths against us and [...] authority, after charge given to render them, to besiege the same castles, houses and strengths by our artillery and ordinance, raise fire and use all other kind of force and warlike engine for winning and recovery of the same and apprehension of the said persons suspected of the said treasonable murders or their assisters being therein; and in case they or any of them happens to be hurt, slain or mutilated or any burning, harrying and distraction of houses and goods to be made and done in the execution of this our commission, we will and grant and, by these our letters, for us and our successors, declare and ordain that the same shall be always esteemed as worthy and lovable service done to us and our authority, and that our said lieutenants and justices, nor none of our faithful subjects assisting and concurring with them in execution of the same commission, shall incur any pain, crime, peril nor danger thereby in their persons, lands or goods, nor shall be called nor accused for the same criminally nor civilly by any manner of way in time coming, exonerating and discharging them simply of the same and of all action, civil or criminal, that may be raised or pursued against them therefore in time coming for now and ever. Wherefore we straightly command and charge you, all and sundry our lieges and subjects aforesaid, that you and each one of you readily answer, raise and obey our said lieutenants and justices, jointly and separately, and their deputes and officers in execution of this our commission, under all highest pain, charge, injury and offence that you and each one of you may commit and involve our majesty in that part. Given under our signet and subscribed with our hand at our castle of Stirling on 1 May 1579, of our reign the twelfth year. And after the production of the said commission in manner aforesaid, the said lords commissioners declared the form and manner of their service and proceeding by virtue thereof, which, being heard and considered, the king's majesty, with advice of the lords of secret council, finds and declares that the said lords commissioners and others, his good and trusty subjects assisting them in the execution of the said commission, have done good, true and thankful service to his majesty, tending to the setting forth of his highness's authority, his majesty's honour and quietness of his realm, and so have worthily, duly and sufficiently executed the said commission in all points, according to the tenor thereof, and therefore exonerates and discharges them and every one of them of the same and of all action, criminal and civil, which may be moved or raised against them or any of them for execution of the same commission for ever by this act, and ordains this present declaration, exoneration and discharge, if need be, to be ratified and approved by parliament. Which declaration, exoneration and discharge above-specified, and all and sundry points, passes, clauses, articles and conditions thereof above-written contained therein, our sovereign lord, with advice and consent of his said three estates in parliament, has ratified, approved, confirmed and allowed and by this present act ratifies, approves, confirms and allows and has interposed and interposes their authority thereto, and declares that the said lord commissioners and others, his highness's good and trusty subjects assisting them, have done their duty worthily, duly and sufficiently, in execution of the commission above-specified, and that they and every one of them shall use and enjoy all privileges contained in the declaration, exoneration and discharge above-specified, after the form and tenor thereof.
[1579/10/61]*[print] [email] [cite] [preceding] [following]
Forasmuch as since the treasonable murder of [Henry Stewart, lord Darnley], the king, our sovereign lord's father, the castles of Hamilton and Draffan have been at sundry times held and detained against his highness and his authority, diverse of his good and faithful subjects taken and detained as prisoners therein, and the murders of his dearest regents and friends conspired and devised within the said houses and the committers thereof received, harboured and maintained within the said houses and castles thereafter, through which his majesty, upon good and weighty considerations, and especially for the recent fortifying and withholding of the said castles and houses against his highness and his authority, by the command and direction of John Hamilton, sometime commendator of Arbroath, and Claud Hamilton, sometime commendator of Paisley, to the terror of all others that shall conspire to attempt the like treasonable deeds hereafter, ordained and commanded the said castles and houses to be demolished and cast down, which in a part is already performed; therefore his majesty, with advice of the three estates of this present parliament, declares and decrees the demolishing and down-casting of the said castles and houses of Hamilton and Draffan done and performed, or to be done hereafter at command of his majesty and his council, and taking away of whatsoever goods, gear and plenishing within and about the same, has been, is and in all time coming shall be esteemed and judged to be good, lawful and acceptable service to his highness and his authority and in no way to be imputed as any crime or offence to the noblemen and others, his highness's officers, subjects and servants, executors thereof, and that they, nor none of them, shall be called nor accused for it, criminally nor civilly, by any manner of way in time coming, exonerating, indemnifying and discharging them thereof simply for now and ever.
[1579/10/62]*[print] [email] [cite] [preceding] [following]
†Forasmuch as concerning the complaint given in by David Home of Fishwick, knight, bearing that there being an action and cause pursued by him against Sir Richard Maitland of Lethington, knight, one of the lords of session, for transferring of a decreet of non-entry obtained by the late William Maitland of Lethington, his son, in the said David as donator thereto, by disposition made by our sovereign lord, with advice of his late dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley etc., regent for the time, in the which cause, for delay of time, it was alleged by the said Sir Richard that there ought no translation to pass because the said late William was denounced rebel and put to the horn in [Mary], our sovereign lord's dearest mother's time, for certain causes, and that he had obtained a further gift granted by her of the said decreet, and, for probation thereof, stayed the said David's process by the space of two years; and seeing that by no delay of time he could come by the said horning, which never was, he, by his supplication to the said lords of session, desired the same to be proven by witnesses, having neither law nor established custom in such case; and it being a novelty tending to the whole ruin, as well of the nobility as whole subjects of this realm, in case the same were received as an establish custom, whereupon the said David complained against him to our sovereign lord and lords of secret council, and then the lords of session were discharged to proceed therein, and the same ordained to be discussed before our sovereign lord and estates of parliament; likewise the same was continued in the last parliament held at Stirling to this present parliament, desiring therefore the king's majesty and estates to receive the said matter and discussing thereof before them and put the same to vote for decision thereof, that it may remain as a law to the whole subjects in time coming. Which supplication being seen and considered, our sovereign lord, with advice of the three estates of this present parliament, has declared and declares that in all time coming no tenor of letters of horning, executions and endorsements thereof not extant and produced judicially shall be admitted to be proven by witnesses in whatsoever action or cause pursued, or to be pursued, by the lieges of this realm before whatsoever judge or judges within the same, and that without prejudice of the aforesaid action depending between the said parties before the lords of council and decision thereof in state as it was left before the discharging of them of further proceeding therein, providing that the witnesses to be used and produced against the said David Home in the said cause be examined in presence of the whole lords of session.
[1579/10/63]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by Sir David Home of Fishwick, knight, making mention that where it is not unknown to our sovereign lord and lords of articles what controversy and debate has passed within this realm by the rebels and enemies thereof, opposing them to our sovereign lord's authority, not only by their devices and counsels, but also by taking arms and proceeding to diverse great conflicts and battles in contradiction of his highness's authority; amongst the which the late William Maitland of Lethington, younger, being one of the most special authors and devisers of the deposing of our said sovereign lord from his crown and authority, was not only declared his highness's rebel, but also for the same cause forfeited, as he is yet, through which his whole lands, rooms and possessions became in his highness's hands and at his majesty's disposition; and the said David Home, being one of his highness's true subjects who bore charge of a part of the men of war in the said troubles, was commanded by our said sovereign lord's late dearest grandfather, Matthew [Stewart], earl of Lennox, then regent, to intromit with certain corns and goods which pertained to the said William Maitland, sometime of Lethington, younger, to the effect our said sovereign lord's soldiers under his charge might be paid thereof so far as the same might extend, which was done by the said Sir David according to our said sovereign lord's late dearest grandfather and regent's command; and further, for his [...] service, which he believes is commonly known to the most part of the nobility, there was gift and disposition of a decreet of non-entry obtained by the said late William of the lands of Lethington made to him, by virtue whereof he succeeded in the possession and right of the said late William in the said lands of Lethington, wherein, of equity and reason, for his true service, shedding of his blood and slaughter of his friends in our sovereign lord's cause, he ought to be maintained; nevertheless, Sir Richard Maitland of Lethington, knight, has raised such actions of ejection and plunder against him upon his intromission which he had with the house, mains, corns and teinds of Lethington, which was by a special factory of our said sovereign lord's grandfather and of the title made by the said Sir David by him of the right which the said sometime William Maitland had thereto by the decreet of non-entry aforesaid, that the said Sir David is more likely to lose the whole remainder of his lands and heritage by the said actions raised than to enjoy and possess any benefit thereof, albeit that good reason and his true service merits otherwise at his majesty's hands; wherefore the said Sir David is constrained most humbly to beseech our said sovereign lord and lords of articles, seeing the said late William Maitland was so manifest and deadly enemy to our said sovereign lord's crown and authority, and that his intromission from the beginning either with the house of Lethington or the lands, rooms and possessions thereof was by command and direction of our said sovereign lord's late dearest grandfather, bearing authority for the time, and in defence of his highness's crown, that our sovereign lord, with advice of the lords of articles, would declare by an act of parliament that his said intromission was lawful and that thereupon he ought neither to incur danger in his lands nor goods through any action raised or to be raised by the said Sir Richard or others, the friends of the said late William, for his intromission had by the said Sir David in manner aforesaid, but ought to be simply absolved; beseeching, therefore, our said sovereign lord and lords of articles to weigh and consider the said Sir David's part in the premises, and the same being found of verity, that it would please our said sovereign lord and lords aforesaid to make an act or ordinance of parliament absolving the said Sir David and all others, his partakers whatsoever in the premises, from all action that may result upon his intromission above-written, seeing the said intromission was lawfully done by the said regents and lieutenants having authority for the time, whereof the like was declared in parliament held by [Mary of Guise], our sovereign lord's dearest grandmother, queen regent, in favour of Master James Haliburton, provost of Dundee, or otherwise true subjects and servants shall be heavily prejudiced, seeing the enemies of our sovereign lord's crown by the pacification granted to them eschews all action of wrong or plunder done by them during the said troubles, and true servants remain in danger of whatsoever action it shall please them or their friends to raise against them, against all good reason, as at more length is contained in the said supplication. Which being first seen and considered by the lords of articles, with the other act above-written made in favour of the said Master James Haliburton, and thereafter by the king's majesty and estates of this present parliament, our said sovereign lord, with advice aforesaid, absolves the said Captain David Home and all others, his partakers whatsoever in the premises, from all action that may result upon their intromission above-written, for all time past preceding the date hereof, without prejudice to the said Sir Richard to seek execution of his decreets obtained, or to be obtained, for restitution of him to his lands and teinds above-written only, and ordains letters to be directed to make publication hereof in the appropriate form.
[1579/10/64]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by William [Forbes], lord Forbes, Master Duncan Forbes of Monymusk, William Douglas of Glenbervie, for themselves and remaining colleagues, kin, friends, servants and dependants, the time of the late troubles on our sovereign lord and his authority, and who sustained great depredations, harm and violent injuries from the time of the first abstinence taken at Leith on 31 July 1572, until the pacification concluded at Perth, 23 February 1572 [1573], ratified and approved in parliament held at Edinburgh in April 1573, thereafter making mention that where they, being utterly ruined in their moveables and violently dispossessed of their lands and livings in the time of the late civil troubles by the force of the rebellious subjects, adversaries of his highness's authority, under hope of keeping of the said abstinence, drew themselves, with their goods that were left untaken of before, with such others as they could acquire, home to their lands and possessions, but nevertheless were deprived thereof by the force and violence of the said disobedient subjects continuing in their rebellion, in manifest contempt and violation of the said abstinence; whereof consideration being had the time of the accord of the said pacification, the same was noted as a great trespass. Wherefore, by express article thereof, it was statute and ordained that all harm and injuries done to whatsoever persons from the time of the first abstinence, contrary to the same, should be redressed and repaired at the sight of certain judges nominated to that effect, limiting a certain time within the which they should have decided thereto; according whereto, the said complainers, with earnest care and diligence, raised their actions before the said judges and insisted at their uttermost in prosecution thereof, keeping many diets with their trains in Edinburgh, to their heavy charges and expenses, being ruined of before; but nevertheless, in default of the same judges, who were not so careful of the matter as the said complainers' necessity craved, the time appointed by the said pacification to them to have given their judgement prescribed, causing the said complainers lose both time and all their sumptuous charges without any apparent redress of the great hardships sustained by them for his majesty's service and defending of the righteous quarrel of his highness's authority, established by diverse parliaments of before, whereupon they were compelled to lament them to his highness and his estates of new in the parliament held at Stirling in July 1578, wherein, it being well and weightily considered that the said redress concluded of before ought not to be made frustrated, since no default was in their part in pursuing thereof in due time, therefore his highness and his estates of new in the same parliament appointed his right trusty cousins and counsellors Robert [Douglas], earl of Buchan, William [Ruthven], lord Ruthven, Robert [Boyd], lord Boyd, Alexander [Colville], commendator of Culross, Masters Thomas MacCalzean of Cliftonhall and Robert Crichton of Eliock, his highness's advocate, as judges to investigate and try the said matters and to proceed by new summons or to begin where they left at the first raising thereof, ordaining them to sit in Edinburgh and begin in November 1579, and finally to decide the same within 18 months next thereafter; who, according thereto, accepted the commission thereof upon them and minding to proceed in the said causes directed their summons and precepts thereupon, which were executed to a certain day of November 1579, yet the same judges last appointed (at least the principals of them, without whom nothing could be proceeded), being subjected to attend on his highness's service, wherein some of them at the very day were employed, caused desert the diet, and the said complainers then also, as diverse times of before, bestowed in vain their diligence, time and great expense and, in the meantime, being pursued by their enemies to remove from their kindly rooms of Keig and Monymusk occupied by the friends of the said Lord Forbes, whereof diverse spent their lives in his highness's service, being in danger to be removed, albeit the same lands being given in as a godparent's gift to the Earl of Huntly by [David Beaton], the cardinal, he was never minded to put the kindly possessors from there, but contented with their old duties, over and above the unfriendliness that fell out by reason of the said complainers abiding at the defence of his highness's authority; and hereupon their complaint being delivered to his majesty, there was inhibition put to the lords of session to proceed in the said removing against them until the judges aforesaid had decided in the said complainers' pursuits before them, which judges appointed by the said last commission, namely, my lord Earl of Buchan and Lord Boyd, being noblemen dwelling far distant from the place where they should convene and cannot come except with their honourable trains, since they are not ordinary, and my lord Ruthven, likewise one of his highness's officers who always must chiefly regard the affairs of his office, and the said Master Thomas MacCalzean in like manner a man subjected to sickness, keeping his bed this long time, the said complainers are, and will be always, destitute of any judgement given by the said judges in their cause, notwithstanding any diligence they can make; and it were not only an evil example, but a manifest impediment to his majesty's service hereafter that the said complainers, who hazarded their lives, lands and goods to the setting forth thereof when his highness was young, shall now, when the crown stands upon his own head with his justice in his own power, be frustrated thereof, since there is a law established and accorded to by the adversaries for their redress, by their long want of justice therein have not been only chargeable and cumbersome, but also a great part of their probation is failing by decease of many, but likewise the rest at the pleasure of God (being all preserved in his will and knowledge) may also be deficient, which will make utterly void and frustrated their whole effects if timely remedy be not provided thereto. Therefore most humbly beseeching his highness and estates to weigh piety and consider this, their just and lamentable complaint, and for the respects aforesaid, to name and adjourn to the said last judges Robert [Pitcairn], commendator of Dunfermline, Master Robert Pont, provost of the Trinity College, William Douglas of Whittingehame, Alexander [Colville], commendator of Culross, Master Edward Henryson, doctor of the laws, and Master John Marjoribanks, with full power and command to them, or any four of them present for the time, to sit and direct precepts and summons in the said complainers' matters or to proceed upon the summons also directed and do justice to the final end of their whole cause, authorising the said judges with full power to that effect; and because the last time appointed shortly prescribes, so that no process can in effect be led before the end thereof, that therefore his highness and estates will prorogate the same again to a long day, within the which the said complainers' actions may be decided, and also to inhibit the lords of session and council to proceed and administer process against them in the actions pursued by their adversaries concerning the said complainers' kindly rooms of the baronies of Keig and Monymusk during that time until the said judges have first decided in their cause; and in case any profits be sought of them, to decree them only to pay their old duty according to the simple value, which the said pacification has only limit to them at the determining of their cause, likewise at more length is contained in the said supplication. Which being seen and considered by his highness and estates, our sovereign lord, with advice of the three estates of this present parliament, finds and declares that in case the said pursuers do sufficient diligence for pursuit of the said cause before the judges also appointed by the said commission above-specified between now and 1 May 1580, that the said actions shall not be prescribed; and in case the said appointed judges as said is fail to proceed conforming to the said commission between now and the said day, our said sovereign lord, with advice and consent as said is, refers the desire of this supplication touching the appointing of other judges to the next parliament and three estates thereof, and they then to proceed thereupon as they shall think most expedient; and in the meantime inhibits and discharges the lords of council and session to proceed or administer process in any actions or causes pursued against the said complainers by their adversaries concerning their kindly rooms of the baronies of Keig and Monymusk during that time until the said judges and commissioners also appointed and to be appointed give their decreet in the cause above-written raised by the said complainers, and ordains letters to be directed to make publication hereof, if need be, in the appropriate form.
[1579/10/65]*[print] [email] [cite] [preceding] [following]
Concerning the complaint given in by John, earl of Montrose, purporting and bearing that he is informed that there was a supplication submitted in the last parliament held at Stirling by the tenants of the temporal lands of the bishopric of Dunblane, making mention in effect that the said lands being set to him in feu by [Andrew Graham], bishop of Dunblane, he would not fail by process of time to put out the kindly and native tenants of the said lands (which is not of verity, never either meant, thought or done by him), and therefore desiring his feu not to take effect and not to be confirmed, but to be stopped at the seals. To the which the lords of articles gave their answer, as he is informed in this manner, that his infeftment should be considered by the lords commissioners and not to pass the seals until that he had agreed with the tenants, [in] what fashion the said earl knew not. And upon that (as the said earl is informed) gave out an act of parliament against him and in hurt and prejudice of his infeftment, the like never being done neither at that time nor at any time of before, which act, if it be so passed, is most inconsiderately and irregularly made and given against him in special, never being called to the giving thereof, nor yet contains it any just cause or is cognition taken therein, wherefore the same should have been given, nor he called to show a reasonable cause, wherefore the same should not have been done against all order used in this realm when anything is proceeded against any person in particular, either in parliament, session or before any other inferior judge. Moreover, the said act is given in manifest hurt and prejudice of our sovereign lord and against the privileges granted to him and his highness's predecessors of before in parliament concerning the confirmation of all feus of kirklands, which was freely granted to his highness and [Mary], his majesty's dearest mother, bearing regiment for the time, without any such provision or prescribed condition, as is contained in the said act given against him, and so stopping his highness to have such commodity as the said earl would be gladly contented to give for the said confirmation. And further, the said act is called an act of parliament and so should be a universal law for all the subjects of the realm and for the commonwealth thereof, [but it] is not a general act made and pronounced for the good of the whole subjects, but a special ordinance made only in favour of some particulars, in manifest hurt and prejudice of the said earl's lands and heritages, in stopping and interdicting him from the free use and disposition of his own lands, against all law and reason, and especially against all order used in such cases and form of all confirmations of feu lands used to be granted by our sovereign lord, the like whereof was never used against any nobleman within this realm who had received feus of kirklands, albeit some, yea, of the greatest and most noble of this realm, have obtained feu ferm infeftments of sundry kirklands of greater value and quantity than he, without any restriction or provision; and if the remaining noblemen within this realm having such infeftments will consent to such conditions as are contained in the said act made against the said earl, he is gladly content to accept the same and to be as far and straightly bound to the kindly and native tenants of the ground as any other nobleman within this realm, but that such an ordinance of parliament as never was pronounced against any person should take beginning, source and precedent upon him, that was never found unreasonable neither to his own tenants nor to any others, and that without his consent had thereto, it is a thing far sought and rather made for some other occasion unknown to him than proceeding of zeal and good affection borne to the whole subjects and tenants of this realm, and if it were made indifferently against all feuars of kirklands as against the said earl, and so a universal and general act and law, he could be no more offended with the said act nor others, but at such an act made universally in favour of all tenants against all feuars of kirklands should stand content. Most humbly, therefore, requiring the king's majesty and lords of articles to cause revise, consider and reason the said act, if any be made in manner aforesaid, and if it be orderly proceeded against the said earl or not, for any just cause (which apparently cannot be for the causes aforesaid) and, therefore, either to annul the said ordinance or to reform the same or to make such an interpretation upon it that in time coming it may not stand as a law against the said earl singularly in using of his feu lands, but that he may use and convey thereupon as his own heritage at his pleasure, according to his right thereof, law, customary practice and use within this realm, and as other noblemen use their feu lands and heritages, notwithstanding the said ordinance, as at more length is contained in the said supplication. And likewise concerning the other supplication given in by the native tenants, old and kindly possessors of the temporal lands of the said bishopric of Dunblane, making mention that where they, by themselves and their predecessors, having possessed and enjoyed the said lands, each one respectively for their own parts as tacksmen and tenants to the said bishop and his predecessors in all times past, beyond memory of man, and having made thankful payment to them of their duties of the same, and by reason Master Andrew Graham, lately provided to the said bishopric by means of John, earl of Montrose, had set in feu the whole temporal lands thereof occupied by their predecessors and them to the said earl's self, who would not fail to remove the said tenants from their said native and kindly rooms and put them, being more than a thousand persons, to beggary, and that the said infeftment was not confirmed, but stayed for the cause aforesaid, they, by their supplication made to our sovereign lord and three estates of parliament convened at Stirling on 25 July 1578, desired that it might be statute and ordained by act of parliament that the said feus of their said rooms set over their heads should in no way be confirmed and that it should not be lawful to the said bishop to set tack, rental or other right thereof, by reason whereof they might be removed neither at his own instance nor at the instance of any other having the right of him, they paying their mails and duties thankfully and other due service. Which being seen and considered by the lords of articles, and therewith his highness and three estates being well advised, his majesty, by the said act, with advice of the said three estates, ordained the lord commissioner deputes for confirmation of feus to review and consider the infeftment and confirmation to be passed to the said earl of the said lands and or they pass the same to see that the said tenants be satisfied for their kindness, and until the same were done discharged the keepers of the signet, privy and great seals of all appending of the same to the said charter and of their offices in that part, as the said act of parliament shown and produced before his highness and lords of articles bears. Seeing, therefore, the cause of the granting of the said act is not yet removed, most humbly desiring his majesty, with advice of the three estates presently convened, of new to ratify the said act in this present parliament, as at more length is contained in their said supplication. Which supplications being seen and considered by the king's majesty and estates aforesaid, our said sovereign lord, with advice of his said three estates, finds and declares that in respect of the act of caution found by the Earl of Montrose, complainer above-written, before the lords compositors, as the same of the date 27 January 1578 [1579], and that our said sovereign lord's confirmation is also passed upon the said charter, that the said act of parliament above-written made in favour of the said tenants of the date above-rehearsed in no way hurts nor prejudices the said earl; therefore ordains his rights and titles to have effect and strength according to the tenor of the same, and also finds and declares that the said tenants need no confirmation of the act of parliament contained in their said supplication according to the desire thereof.
[1579/10/66]*[print] [email] [cite] [preceding] [following]
†Forasmuch as there are sundry complaints given in by diverse feuars, tacksmen and tenants of certain lands, teind sheaves and offices held by them immediately as feuars, tacksmen and possessors thereof of John [Hamilton], sometime commendator of Arbroath, Claud [Hamilton], sometime commendator of Paisley, now presently convicted in this present parliament, and of Sir James Balfour, sometime prior of Pittenweem, also convicted before for certain crimes of treason and lese-majesty committed by them, and every one of them, as at more length is contained in the process and doom of forfeiture led and deduced against them respectively; and that since the date of the act made in the parliament held and begun at Stirling on 28 August 1571, purporting and bearing that it is decreed and declared by our sovereign lord, with advice of [Matthew Lennox, earl of Lennox], my lord regent's grace, and three estates, that all alienations, resignations, demissions and other dispositions whatsoever, made or to be made by any manner of person or persons convicted, or that hereafter shall happen in any way to be convicted or forfeited for art and part of the treasonable murders and slaughters of [Henry Stewart, lord Darnley], our late sovereign lord's dearest father, or regents of whatsoever lands, heritages, offices, rooms or possessions since the times respectively of the committing thereof, are and shall be null of themselves and of no value, strength, force nor effect in all times coming with all that followed or shall happen to follow thereupon; and the said complainers, being old feuars, tacksmen and possessors of the said lands, teind sheaves and offices and abiding continually since the date of the said act at our sovereign lord's obedience, as faithful and true subjects to him, have made new resignations and taken infeftment of the lands and offices pertaining to them of old in feu and heritage, and likewise the said tacksmen of lands and teind sheaves being old possessors thereof by themselves, their predecessors or their authors, whereof they have yet terms to run or have renewed the same for terms to come for payment of the duties contained in their feus and tacks, whereby they have alleged and allege that they ought and should enjoy and possess their said feus and their tacks during the years and terms contained therein, notwithstanding the aforesaid process of forfeiture led and deduced against the said two abbots and prior and of the said act made at Stirling as said is, which desires submitted in writing by diverse of the said lieges of this realm, feuars, tacksmen and others having offices as said is of the said two abbots and prior, being seen and considered first by the lords of articles and thereafter by the king's highness and estates aforesaid, our said sovereign lord, with advice of his said three estates of this present parliament, has declared and declares that whatsoever feu, office or tack taken by whatsoever person or persons, our sovereign lord's faithful lieges abiding at his obedience, of the said sometime abbots and prior, whereof the said feuars or tacksmen, their authors or predecessors have been in possession before the date of the said act made at Stirling and renewing their said tacks or infeftments either of lands, offices or teinds since, and making no alteration concerning the payment of the duty contained in their said old tacks, nor yet of the duties contained in the said feus of old and of the holding thereof, that the said act made at Stirling shall in no way be hurtful or prejudicial to them, but that they enjoy and use the same during the years to run contained in their said tacks, and likewise the feuars to enjoy the said lands and offices conforming to their infeftments, notwithstanding the process and doom of forfeiture pronounced against the said abbots and prior.
[1579/10/67]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by John Beaton of Balfour, heritable feuar of all and whole the town and lands of Kilrenny, lying in the regality of St Andrews and sheriffdom of Fife, making mention that where he is infeft by the lord of the said regality in all and whole the port and harbour called the Skinfast Haven, lying within the said town of Kilrenny, with all and sundry privileges and commodities thereof, as his infeftment bears, which is confirmed by our sovereign lord; in respect whereof, the said John, to his great charges and expense, has built and repaired the said harbour to the comfort and commodity of all persons frequenting navigation, as well within this realm as those who shall happen to repair to the same, being chiefly moved thereto for the preservation of diverse the lieges of this realm whom he has seen with their ships and boats in great hazard with tempest of evil water, who have had their relief by the commodity of the said haven; and also with God's help intends to proceed further in the reparation of the said work, for the policy and commonwealth of this realm, for which will be required great and sumptuous charges and cost which must be recompensed by the commodity and continuance of the said port and harbour according to the right and disposition of his infeftment thereof. Desiring, therefore, our said sovereign lord and estates aforesaid to have good consideration hereof and to ratify in this present parliament the erection of the said port and harbour, with the infeftment made to him thereof, with all privileges expressed therein according to a port and harbour, for the more validity of his infeftment, tending to the policy and commonwealth of this realm, according to justice, as at more length is contained in the said supplication. Which being seen and considered by the king's grace and three estates of this present parliament, our sovereign lord, with advice of the said three estates, has ratified and approved the aforesaid erection of the said port and harbour, with the infeftment made to the said John Beaton thereof and all privileges expressed therein pertaining to a port and harbour, for the more validity of his said infeftment, tending to the policy and commonwealth of this realm, and decree and declare the same erection to have full strength, force and execution after the form and tenor thereof in all time coming, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his realm, both clergy and laity. Let it be known that, in relation to the charter of feu ferm and grant through Patrick [Adamson], archbishop of St Andrews, with the consent and assent of the religious house of the same, to our beloved John Beaton of Balfour, his heirs and assignees, total and complete, the port called Skinfast Haven, with whatever customs, anchorage charges, profits and emoluments, with grant of cockets for the transport of goods for reward from the same port, and the customs of the town and lands of Kilrenny lying within the lordship of Polduff, the regality of St Andrews and our sheriffdom of Fife, and with the elevation of the same town into free burgh-right within the said regality, and the power of holding courts and of levying their outcomes, with every single freedom, profit and advantage relating to the foresaid lands and port, which any burgh of regality within our realm possesses, this charter by our command has been seen, read, inspected and diligently examined and has been understood to be fully sound, not reduced, not cancelled nor in any way suspect in this form. To all who will see or hear this charter Patrick, by divine mercy archbishop of St Andrews, gives greetings. Be aware that we, with the consent and assent of the commendator of our chapter house and of the chapter of the same gathered together in chapter, mature deliberation having taken place, because it is consonant with reason that no one procure an advantage in this matter whence they could attempt to produce benefit for themselves, chiefly indeed those who are called to the top posts in the church (it is vital that they with earnest and continuous prayers look after the safety of church and state, by skill and loyalty) it has often come to our ears by the worthy testimony of many people, for the increase of government and promoting the commerce of many people in this state of ours - further, above all it is expedient for the income of the undernoted lands - that the repair, construction and building should be undertaken of a new sea port commonly called Skinfast Haven, situated on the coast close to the lands of Kilrenny (and until now very little used) for the landing and shelter of ships and boats, but principally boats of those who catch sea fish. Partly on account of the convenience of the place, which is very big and a safe refuge for receiving ships into harbour, and partly so that any who are struggling in extreme need (of whom there is a very large number), or grow inactive through idleness, may be occupied in good trades, which however could not be effected except at great expense and the application of the effort of some good man, we therefore recognising our beloved John Beaton of Balfour as holder in ferm of the town and lands of Kilrenny, lying in our lordship of Polduff within the regality of St Andrews and the sheriffdom of Fife, with a view to this new highly suitable piece of work, who freely has undertaken the carrying of the burden at his own expense; for that reason, and in this name for us and our successors as archbishops of St Andrews, with the express consent and assent of the foresaid chapter, after mature deliberation, looking to our evident easement, have made gift, granted and permanent surrender. Further, by the wording of the present document we give, grant and permanently surrender to the forementioned John Beaton of Balfour, his heirs and assignees our forementioned port called Skinfast Haven, together with, together and singly, anchorage charges, profits, dues and other things which could be collected for any reason, by its construction, or by the export or import of merchandise. We establish and ordain him as our perpetual feu ferm holder in relation to all, completely, of the customs, profits, anchorage charges, and other things mentioned above, with the power and licence of granting cockets for the export and conveyance of all licit merchandise from our said port, of seizure, distraint and punishment over rebels, and of doing whatever else which we or our successors as archbishops of St Andrews could with full legality in our name. Further, we give and grant to the forementioned John Beaton and his heirs as mentioned above licence to enquire and conduct an enquiry regarding merchandise which is prohibited and must not be conveyed, and of turning them entirely to his own use and in this name seizing and distraining what is at fault. And in order to effect this, that is to the increase of the government of this realm, as has been said before by the wording of the present document, we elevate our foresaid town of Kilrenny to a free burgh of our foresaid regality, with the power of buying and selling wine, wax, linen, wool and other merchandise necessary for the use of our burgh. And for us and our successors as bishops of St Andrews we convey in perpetuity to the said John Beaton of Balfour, his heirs and assignees as mentioned before, all and singly the burgh ferms of the said burgh, with the small customs, tholnies, stellages, bloodwit, with courts and outcomes thereof, by giving and granting to our foresaid burgh of Kilrenny all and every freedom, advantage, jurisdiction, indulgences, favours and other things which will seem to be able to relate to a free burgh of our regality, and this in such a way that in everything and through everything for all time to come it enjoys the same jurisdictions, freedoms and advantages as our principal seat of St Andrews, with the power to the said John Beaton of Balfour and his heirs mentioned above to arrange provosts, bailies and clerks and replacing other members of the said burgh annually, and if they have been unsuitable in their exercise of these offices of removing them, substituting others in their place at his own will, of converting all proceeds of the same jurisdiction to his own uses, and of citing and summoning in respect of them, and of conveying regarding them as should seem fit. All of this freely, peacefully, fully, wholly, honourably, well and in peace. With the power to erect a market cross in our said burgh where merchandise of the said burgh can be shared by everybody. For the rest, on behalf of ourselves and our successors as archbishops of St Andrews we wish, have decided and ordain for perpetuity that Saturday should be fixed as market day each week. For the bringing in and sale of common merchandise in our foresaid burgh we have established two particular and main days for this market, specifically 30 April and 25 October each year. These things are to be held and had, totally and completely, namely the foresaid customs, anchorage charges, burgh ferms, small customs, with the port called Skinfast Haven, together with, together and separately, the profits of the same, plus the profits of jurisdiction of the foresaid burgh of Kilrenny as mentioned above, by the forementioned John Beaton of Balfour, his heirs and assignees mentioned above, from us and our successors as archbishops of St Andrews, in fee heritage and in free burgage of our said regality, in perpetuity, by all correct bounds of our burgh as they lie in longitude and latitude; in houses, buildings and each pertinent, with courts and their outcomes, and all other freedoms and advantages, whether named or not, relating to the said burgh or by whatever means capable of relating to it in the future, without revocation, contradiction or any obstacle. In return, annually the said John Beaton of Balfour, his heirs and assignees as mentioned above shall give to us and to our successors as bishops of St Andrews the sum of 6s 8d of the usual money of the realm of Scotland at the two annual terms, namely the feasts of Pentecost and St Martin in winter [11 November] in equal portions as feu ferm, if sought. The heirs and assignees of the said John Beaton shall give double the said whole feu ferm in their first year of their entry as is the practice with feu ferm. And also by presenting three suits at court at three of our capital pleas annually within our said regality in the city of St Andrews through our bailies or their deputes, and this only and instead of any other burden, exaction, examination, demand or secular service which could be justly by any means exacted or required by whomsoever. And we and our successors as archbishops of St Andrews shall guarantee, quitclaim and for perpetuity defend against all mortals, total and intact, the foresaid customs, anchorage charges, burgh ferms, small customs, with the port called Skinfast Haven together with all and singly the profits of the same. Also the profits of jurisdiction of the foresaid burgh of Kilrenny and each as mentioned above, in favour of the said John Beaton of Balfour, his heirs and assignees as mentioned above, in everything and through everything, as in form so in effect, as has been said. Further, we give greetings to our beloved bailies, and to whomsoever of you, jointly and severally, specially constituted in this part; we instruct and firmly order you without delay, having seen the present document, that you hand over and grant the title and hereditary sasine equally, the material, actual and real possession of, all and intact, the foresaid customs, anchorage charges, burgh ferms, small customs, and the port called Skinfast Haven, together with all and every one of the profits thereof, also the proceeds of jurisdiction of the said burgh of Kilrenny and each thing mentioned above, to the forementioned John Beaton of Balfour or his verified attorney the bearer of the present document, and in no way should you omit to do this which you have to do, you and whichever of you, jointly and severally. To my bailies in this regard as forementioned we by the wording of this document grant our full and irrevocable power. In witness of this, in the presence of the undermentioned, through us and the foresaid archbishop, our round seal is appended together with the common seal of the said chapter of the said monastery, as a sign of the consent and assent of the said chapter. In the burgh of Edinburgh on 8 July in the year of the Lord 1578, in the presence of these witnesses: Master John Russell, advocate, Robert Strang from Kilrenny, John Beaton, younger, of Pitlochie, Master John Arthur, William Adamson and Walter Cockburn, with various others. This charter of feu ferm and the disposition contained in it in all its points and articles, conditions, modes and circumstances whatever in all and through all in form equally as in effect as mentioned already we approve and ratify, and on behalf of ourselves and our successors we confirm in perpetuity. As witness of this we have instructed our great seal to be affixed. Witnesses were our beloved kinsmen and councillors John [Stewart], earl of Atholl, lord of Balvenie etc., our chancellor, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, our justice general, James [Douglas], earl of Morton, lord of Dalkeith etc., admiral in chief of our realm, the most reverend and venerable fathers in Christ Patrick, archbishop of St Andrews, Robert [Pitcairn], commendator of our monastery of Dunfermline, our secretary, our beloved familiars and councillors Master James MacGill of Nether Rankeilour, our clerk of of the rolls of our register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, Alexander Hay, director of our chancellery, and Master Thomas Buchanan of Ibert, keeper of our privy seal. At our castle of Stirling on 24 January in the year of the Lord 1578 and the twelfth year of our reign.
[1579/10/68]*[print] [email] [cite] [preceding] [following]
Forasmuch as [Mary], our sovereign lord's dearest mother, with advice of her secret council, after her perfect age of 25 years, gave and granted to the provost, bailies, council and community of the burgh of Edinburgh, for the sustenance of the ministry and hospitals within the same, all lands, annualrents, obits† and alms money, mails, rents, revenues and duties whatsoever pertaining of before to whatsoever benefice, altarage or chaplainry within the said burgh and freedom thereof, or owing out of the said burgh or tenements thereof to whatsoever other benefice or chaplainry, as the said gift in itself at more length bears; and albeit there be certain chaplainries founded in certain places lying without the said burgh, to the which the said provost, bailies and council are undoubted patrons, the service of the which chaplainries has altogether ceased and ceases through the abrogation of the papistical superstition within this realm, so that the fruits, rents and duties of the said chaplainries of good reason ought now to be applied to some better use. Wherefore our sovereign lord, with advice and consent of the three estates of this present parliament, grants and gives full liberty and freedom to the said provost, bailies, council and community and their successors to receive and uplift the profits and duties of the aforesaid benefices, altarages and chaplainries, to the which they and their predecessors were patrons with full rights, to be bestowed to the sustenance of the said ministry and hospital and to call, follow and pursue for the said fruits and profits of all years and terms past since the same became vacant and in time coming for ever, with such privilege for recovering thereof as any ecclesiastical person has for recovering of the fruits and rents of their benefices, providing always that they be accountable yearly to the exchequer; and if there be any benefices of cure, that they convey the same to qualified persons. And moreover, because there are diverse persons, godly and zealously moved, pitying the miserable estate of the poor and delighting in that good work of erection of a hospital within the said burgh, minded to supply the said hospital with their alms and support of annualrents, lands and tenements lying within the said burgh to be annexed thereto for the maintenance of the poor, weak, aged and sick persons to be sustained therein, therefore our said sovereign lord, with advice of his said three estates, gives and grants licence to all persons who may be moved to support the said hospital in lands, tenements or annualrents lying within the said burgh so to do, and that this act of parliament shall be to the effect aforesaid sufficient in all respects to all gifts and donations made or to be made of lands or annualrents lying within the said burgh to the said hospital, and shall be of as great strength as if particular confirmations were given upon every one of the said donations as mortified to the said hospital, in manner aforesaid, because the same can in no way hurt our said sovereign lord's profit who has no yearly profit out of the said burgh except his burgh mails and service of burgh.
[1579/10/69]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is complained of by the inhabitants of the town of Faithlie in Buchan that [Mary], our sovereign lord's dearest mother, for the time having the authority, obtained infeftment of the said town of Faithlie in a free burgh of barony, with sufficient privileges therein to sell wine, wax, wool, cloth and linen cloth, to pack and peel fish, to sell and buy all kinds of merchandise, with market day and fair, as at more length is contained in their infeftment made to them thereupon; likewise also it has pleased our said sovereign to erect the same town in free burgh and barony with the like privileges as of before, conforming to the which infeftments they and their predecessors not only have been in use of the said privileges continually since the granting thereof, but also upon their great charges have reformed and built a sufficient harbour for all ships, as well strangers as others, not only to the great decoration of the policy of this realm, but also for the great necessity and relief of all ships that shall happen hereafter to be troubled with tempest or storms of the sea in their parts, to whom the said harbour will be a sufficient shelter, there being no such like to be found between Stonehaven in the Mearns and the sheriffdom of Inverness, and intends by the grace of God to proceed daily further in setting forth of the commonwealth so far as the same lies in the power of the said inhabitants; desiring therefore the king's majesty and estates, in respect of the said commodities, as well public as private, and the erection first granted to the inhabitants of the said town, as their infeftments will testify, that the king's highness and estates will ratify the said infeftment in parliament and privileges contained therein, so that the daily increase of the said town, as well in number of inhabitants allured thereto through the commodity of the said port and harbour as in setting forth of the building thereof, may be advanced, to the great honour of the commonwealth and policy thereof, as at more length is contained in the said supplication. Which being seen and considered, our sovereign lord, with advice of his three estates in this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid infeftment and erection of the said town, port and harbour made and granted to the inhabitants thereof, and all privileges and commodities contained therein pertaining to a burgh of barony and to a free port and harbour; and for the more corroboration of their said infeftment and erection, which tends to the policy and commonwealth of this realm and to the commodity of the king's majesty's customs, therefore decrees and declares the said infeftment and erection to have full strength, force and execution after the form and tenor thereof in all time coming, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men, both clergy and laity, throughout his land. Let it be known that we have acknowledged in full in this form a charter, made and granted by our dearest mother in her minority with the consent of James [Hamilton], earl of Arran, lord of Hamilton, her tutor and governor of our realm at the time, for the making, elevating and establishing, for the late Alexander Fraser of Philorth, the town of Faithlie, lying within our sheriffdom of Aberdeen, into a free burgh of barony in perpetuity. This by giving and conveying to the present inhabitants of the same town and those who were there for the time full power and special faculty to handle wine, wax, cloth, wool and broad and narrow linen, fish, pack and peel, and all other merchandise, and to hold and have within the same burgh bakers, brewers, butchers and all other crafts necessary for the creation of a burgh in barony, and to have within the same burgh free burgesses who will appoint annually bailies in sequence and other officials necessary, with the authority to the foresaid burgesses and inhabitants of the said town, for its government, [to have] in it a permanent market cross and a weekly market on Mondays and Saturdays, with free fairs annually twice in each year, together with all tolls and freedoms, relating to free fairs. To hold and have the foresaid town of Faithlie with its pertinents as a free burgh and barony, with jurisdictions, freedoms and presentations as mentioned above, with the jurisdiction to set up prisons and pillory, commonly called prison houses, and gallows, with infangthief and outfangthief, and with all and every other freedom, profit, easement and whatever just pertinents relating to a free burgh. On our instruction this charter has been seen, read, inspected and diligently examined, and is sound, complete, not reduced, not cancelled, nor in any respect suspect. Mary, by grace of God, queen of Scots, gives greetings to all good men throughout the land, both clergy and laity. Be aware that, because our beloved Alexander Fraser of Philorth, for the convenience of our subjects his neighbours living within our sheriffdom of Aberdeen, built, next to the sea within the bounds of his lands of Faithlie which lie in this sheriffdom of ours, a harbour in which ships and boats in these parts which were battered by storms could have a safe and secure refuge; also because with the advice, consent and authority of our dearest kinsman and tutor James, earl of Arran, lord Hamilton, protector and governor of our realm, for good, faithful and gracious service given by the said Alexander to us thereby and in other ways; further, in return for the hospitality extended to our subjects who have come to the town of Faithlie and its harbour - for all these reasons, by our power and authority as queen, by the wording of our present charter, we make, elevate, create and have established the said town of Faithlie as a free burgh of barony for perpetuity. We give and grant to the present inhabitants, and to those who have been for the time being, particular power and authority to buy and sell in the same burgh wine, wax, cloth, wool and broad and narrow linen, fish, pack and peel, and all other merchandise. Further, to hold and have in the foresaid burgh bakers, brewers, butchers and all other crafts necessary for a burgh in barony. We grant also that in the said burgh there shall be burgesses, to whom we entrust the power for all time to come to arrange and appoint bailies and other officials, annually, necessary for its management. Also with the power and freedom to the foresaid burgesses and inhabitants of the said burgh to hold and have in the same burgh a permanent market cross and weekly markets on Mondays and Saturdays, with free fairs twice per year, namely on the feast of St Michael the Archangel [29 September] and St John the Baptist [24 June], for a week, with all tolls, freedoms and duties relating to a free fair, and with each and every duty, custom, profit and jurisdiction which relates or could validly relate in any way. The town of Faithlie with its pertinents is to be had and held as a free burgh in barony with the jurisdictions, freedoms and concessions mentioned above, with the jurisdiction of setting up prisons and gallows, with infangthief and outfangthief, also with all each and every freedom, profit, easement and whatever just pertinents relate or could relate to a free burgh in barony, as freely as any burgh in barony is enfeoffed by us or our predecessors within our realm, without any revocation or contradiction whatsoever. In testimony of this, we have instructed our great seal to be applied to this present charter of ours. Witnesses were the most reverend and reverend fathers in Christ Gavin [Dunbar], archbishop of Glasgow, etc., John [Hamilton], bishop of Dunkeld, etc., our treasurer, our beloved kinsmen George [Gordon], earl of Huntly, lord Gordon and Badenoch, etc., our chancellor, Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, etc., Malcolm [Fleming], lord Fleming, our great chamberlain, our beloved household members James Foulis of Colinton, clerk of our rolls of the register and council, Thomas Bellenden of Auchnoull, our justice clerk, and James Hamilton of Stonehouse, director of our chancellery. At St Andrews on 2 November in the year of the Lord 1546 and in the fourth year of our reign. This charter in all its points, articles, conditions, modes and circumstances whatsoever, in all and through all, in form as in effect as mentioned before we approve, ratify and confirm for ourselves and our successors in perpetuity. In testimony of this, we have instructed our great seal to be applied to this our present charter of confirmation. The witnesses were our most beloved kinsmen and councillors John [Stewart], earl of Atholl, lord of Balvenie, etc., our chancellor, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, etc., our justice general, James [Douglas], earl of Morton, lord of Dalkeith, etc., grand admiral of our realm, the most reverend and the venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Robert [Pitcairn], commendator of our monastery of Dunfermline, our secretary, our beloved familiars and councillors Masters James MacGill of Nether Rankeilour, clerk of our rolls of registry and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, Alexander Hay, director of our chancellery, and Master Thomas Buchanan [of Ibert], warden of our privy seal. At our castle of Stirling on 30 December in the year of the Lord 1578 and in the twelfth year of our reign.
[1579/10/70]*[print] [email] [cite] [preceding] [following]
The which day Gilbert Menzies of Pitfodels, provost of Aberdeen, for himself and in name of the bailies, council and community of the said whole burgh of Aberdeen and inhabitants thereof, protested that the ratification and confirmation granted by the king's majesty, with advice of the three estates of this present parliament, this instant day to the inhabitants of the town of Faithlie, with the harbour and port thereof, in no way hurt or prejudice the said provost of Aberdeen, bailies, council, community nor inhabitants thereof, their freedom, privilege nor jurisdiction in respect they have also an infeftment granted to them of the whole bounds of Buchan, Mar, Garioch and all other bounds within the whole sheriffdom of Aberdeen, as their infeftment granted to them and their predecessors by the king's majesty's predecessors of old bears.
[1579/10/71]*[print] [email] [cite] [preceding] [following]
Concerning the complaint given in by Patrick Fortune, son to John Fortune in Allanside, bearing and purporting that James Hunter, sometime in Nisbet, being convicted by a suitable assize in a justice court held by our sovereign lord's justice and his deputes in the tolbooth of Edinburgh on 7 March 1577 [1578], for his treasonable remaining and abiding at home from our sovereign lord's host and army ordained to convene at Dumfries on 10 November 1576, the same being expressly contrary to his highness's proclamation, incurring thereupon the pains contained therein, the said Patrick Fortune obtained our said sovereign's gift of the said James Hunter's escheat for composition paid to his highness's treasurer, therefore having most just occasion so to do by reason the said James had taken the possession of his father's steading and heritage over his head; conforming to the which gift and letters passed by the lords of session thereupon, officers of arms passed to two husband lands, mill and mill lands of Nisbet and there apprehended so many of the said James's goods as were then upon that ground, which were intromitted and taken up as escheat, conforming to the said gift, which took effect in the said Patrick's person. Nevertheless, the said James in April 1579, long after the obtaining of the said gift, and that the same had taken effect in the said Patrick's person as said is by intromission with the said escheated goods, craftily, by circumvention of our said sovereign, having silenced and suppressed the truth, he sought our said sovereign's pardon and remission for abiding from the said host and army in prejudice of the said Patrick and his said gift of escheat, he never being warned to hear the same granted, having special interest thereto, but rather made the colour in obtaining the said remission that his escheat was taken up already as a pain due for the crime of the which he was convicted. And yet now, taking advantage by the granting of the said remission, as though his escheat fell not, alleging doom was not pronounced upon the conviction and declaration of the assize, has since raised action of plunder and ejection against the said Patrick and his assisters in taking up of the said escheat, extending to the sum of 10,000 merks, meaning thereby to elude and frustrate the effect of our said sovereign's gift, not declaring the order of the process and conviction led the gift of the escheat and taking up of the escheat formally, but as it were making the colour of our said sovereign's remission that the escheat was already taken as a pain of the conviction; whereupon the said Patrick complained of him to our said sovereign lord and lords of secret council of before at diverse times, and especially in July 1579, at which time he obtained letters by the said lords' deliverance requiring the lords of council and session to stay and supersede of all further proceeding in the said matter of plunder and ejection to our said sovereign's next parliament or convention general, when his highness's officers best skilled in this matter would be present, that then his majesty and lords give their resolute declaration upon the clause and word that imports the difficulty, as the said letters directed thereupon shown and produced before his highness and lords of articles here present purport; which letters, being executed upon the lords of session, they have, conforming thereto, stayed all further proceeding in the said matter until our said sovereign's and lords' decision be given therein, desiring therefore his highness and estates to have consideration of the premises; and seeing the effect of this question depends upon the interpretation of this word and clause, whether the conviction by an assize makes the escheat to fall without doom, or if of necessity doom must be given in every criminal cause, although not commonly to be punished by death, that our sovereign lord and lords aforesaid would give their decision thereupon in this present parliament according to equity and good conscience, as at more length is contained in the said complaint given in by the said Patrick Fortune thereupon. And likewise concerning the complaint given in by James Hunter, sometime at the mill of Nisbet, bearing and purporting that where John and Patrick Fortune, pretending them to have gift of the escheat of all his goods and gear for being absent from the cutting of the Harlaw wood, came with their accomplices, bodin in fear of war, in June 1578, to his house in Nisbet, broke up the doors and chests, plundered his whole goods, gear, corns, cattle, furnishings and plenishing, and cruelly ejected and put out the said James Hunter, his wife and bairns out of the said house as they were lying in their beds, without either clothes or any other thing, whereby he has been constrained since to live as a poor, miserable man, oppressed with sickness, and three of his poor bairns deceased for very hunger and poverty, he having nothing to sustain them as of before; and therefore he raised an action of ejection and plunder before the lords of session, which is admitted to his probation, notwithstanding the said pretended gift of escheat; in respect whereof, before any doom and sentence pronounced against him, he obtained a remission of our said sovereign lord through which no doom can be given now against him, and so the said John and Patrick Fortune did manifest wrong to intromit with his goods and gear and to oppress him, his wife and bairns so miserably, being an honest man before, without any sentence pronounced against him. And now, as the said James is informed, the said John and Patrick have complained of them by their supplication to our said sovereign lord and lords of articles, either to obtain the said gift confirmed or the said lords of session discharged to proceed in the said cause, to the utter ruin of the said poor man, his poor wife and bairns, being already made miserable persons by the oppression and violence of the said John and Patrick, against equity and conscience. Desiring, therefore, our said sovereign lord and lords of articles to have consideration of the premises, and in case any supplication has been presented to his highness by the said Patrick and John concerning the said James's action, that it would please his highness and lords not to proceed therein, unless the said James was warned thereto to answer in his cause, according to justice, as at more length is contained in the said James's supplication given in thereupon. Which supplications being both seen and considered first by the lords of articles and thereafter by the estates, our said sovereign lord, with advice of the three estates of this present parliament, has declared and declares that conviction by an assize makes no escheat to fall nor to be given in criminal cause without doom being first given; and likewise declares that the said James Hunter has action only for restitution of his own goods without any plunder, he proving the special goods and gear plundered from him and no otherwise, with the prices and quantity thereof; and likewise to have action for restitution of him to the possession of the said lands without any violent profits past run as said is only, and ordains letters of publication to be directed to the effect aforesaid, if need be, in the appropriate form.
[1579/10/72]*[print] [email] [cite] [preceding] [following]
†The king's majesty, with advice and consent of the three estates of this present parliament, ratifies and approves the act made by his highness, with advice and consent of his right trusty cousin James [Douglas], earl of Morton, lord of Dalkeith, regent to his highness, his realm and lieges for the time, and three estates in parliament, entitled 'Approbation of the acts and proceedings done in name and authority of our sovereign lord and of the invalidity of all things attempted in the name or by colour of any other authority since his highness's coronation', and his highness and his said estates interpose their authority thereto and decree the same to have full strength, force and effect in all time coming, of the which the tenor follows:
Forasmuch as since the coronation of the king's majesty, our sovereign lord, diverse rebellious insurrections, treasonable conspiracies, open hostilities and disobediences have been raised against his highness's authority and regents, tending to the subversion of Christ's religion, the deposing of his majesty from his royal crown and confusion of the whole estate of the commonwealth of this realm; for resisting and repressing of the which treasonable, rebellious and dangerous enterprises and safety and preservation of our sovereign lord's innocent person, his regents, nobility and estates professing his obedience have been often constrained to use the process, judgement and execution of his highness's laws; as also force and hostility against his highness's declared traitors, rebellious and disobedient subjects, their assisters and partakers. Therefore it is statute and ordained by our sovereign lord, with advice of my lord regent's grace, the three estates and whole body of this present parliament, that all processes, judgements and executions of his highness's laws led, given and made in his majesty's name, criminally or civilly, since his highness's coronation aforesaid, either in parliament, privy council, justice courts, session and college of justice, exchequer or before the sheriffs, stewarts, bailies, provosts, aldermen and bailies of burghs and other judges and ministers of laws whatsoever, and all deeds of hostility in raising and conducting of men of war, battles, conflicts and otherwise, coining of money, taking and fortification of towns, castles, palaces, places, houses and policies, burning, destruction and demolishing thereof, intelligence, treaties and contracts made with whatsoever foreign princes or their lieutenants or ministers, bringing in of strangers in the towns and other parts of this realm, intromission with money, ammunition and moveable goods, taking up of rents, taking and detaining of prisoners, ransoms, booty, raising of taxes, impositions and others whatsoever done by our sovereign lord's regents, nobility and other subjects professing his obedience against the said declared traitors, rebels or disobedient subjects, their assisters and partakers whatsoever, at any time since our sovereign lord's coronation and before they obtained remission for that; as also all intromission with any of their livings, goods, gear, plenishing and other things being within their houses or upon their lands or rooms, notwithstanding whatsoever assignation, title or interest that any other persons may acclaim or pretend thereto, and all that followed or shall happen to follow thereupon, has been, is and in all time coming shall be reputed, held and esteemed as lawfully done and as good and profitable service for his majesty, tending to the preservation of the estate of Christian religion, the royal person and crown of our sovereign lord, resisting and repressing of his said rebellious and disobedient subjects and quieting of the country; and that the said regents and nobility and other subjects, their assisters and partakers, shall incur no hurt or danger thereupon in their persons, lands or goods, nor shall not be called nor accused for the same, criminally nor civilly, by any manner of way in time coming, discharging by this present act all and sundry his majesty's judges and ministers of his laws present and to come thereof and of their offices in that part for ever. And this act to be amply extended and interpreted in the favour of all such as professed our sovereign lord's authority and obedience against them which were disobedient thereto, their assisters and partakers. And in like manner it is declared and decreed by our said sovereign lord, his dearest regent, his three estates and whole body of this present parliament that all pretended processes, judgements and executions of laws, criminal or civil, either in pretended parliaments, council or before sheriffs, stewarts, bailies, provosts, aldermen, bailies of burghs or other judges or ministers of laws whatsoever, in name or by colour of any other authority since our sovereign lord's coronation aforesaid, have been, are and in all time coming shall be reputed, held and esteemed as unlawful, usurped, worthless and of no force, strength nor effect, and to have no manner of execution for any time past or to come without any process of reduction.
[1579/10/73]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented to our sovereign lord and his three estates by his highness's true and faithful subjects, who at all times since the beginning of the late civil wars within this realm have remained constant, without defection in his highness's service, with great hazard of their lives and loss of their goods, making mention that where his majesty at all times moved of clemency and piety grants the benefit of pacification to sundry persons that in the said civil wars plainly bore armour and took part with his highness's declared traitors, for the which causes they themselves also were forfeited and their lands, rooms and possessions fallen in his majesty's hands through the said forfeiture, were conveyed to the said complainers in recompense of their service, wherewith they since have intromitted and applied the duties thereof to their own use. Nonetheless, as they are credibly informed, the obtainers of the said pacifications intend to call the said complainers upon their intromission aforesaid, through which they shall be in far worse condition that have been his highness's true subjects from the beginning than they that have made defection, unless his majesty and his said estates provide remedy. Therefore, our sovereign lord, with advice of his said three estates, declares and decrees all and sundry his said true and faithful subjects which have remained constantly, without defection, at his obedience to be free and harmless of their aforesaid intromission at all hands that have obtained or shall obtain the said pacification, so that his highness's true and faithful subjects aforesaid, for their said true service, be not in worse case than they that were in his majesty's contrary.
[1579/10/74]*[print] [email] [cite] [preceding] [following]
Forasmuch as it appears the victual shall be scant this present year, and understanding that there is a great quantity of malt consumed in the whole parts of this realm by making of aquavitae, which is a great occasion of the dearth within the same, for remedy whereof, it is statute and ordained by the king's majesty, with advice of his three estates in this present parliament, that no manner of person within burgh or land, nor others whatsoever, make, brew nor distill any aquavitae from 1 December 1579 until 1 October 1580, under the pain of confiscation of the said aquavitae and breaking of the whole equipment of the makers, brewers and distillers thereof; providing always that it shall be lawful to every earl, lord, baron or gentleman, or other of such degree, to make, brew and distill the said aquavitae of their own malt and stuff within their own houses, for their own use and their friends; and ordains the sheriffs of the shires, provosts and bailies of burghs, stewarts, bailies of royalty and regalities and other ordinary judges within this realm to put this present act to execution in all points after the form and tenor thereof.
[1579/10/75]*[print] [email] [cite] [preceding] [following]
The king's majesty and his three estates in this present parliament, understanding the debate between the burghs of Perth, Dundee and Stirling concerning the ordering of them in their own places according to the age of the said burghs, and that there is a convention of the burghs to be in Glasgow on 24 February 1580, at the which time ordain all the aforesaid three burghs to send commissioners fully instructed for them and every one of them, with the rights and privileges whereby every one of them claims their places in parliament, at the which time ordain the said commissioners of burghs to take order with them in that for placing of every one of them in their own places and likewise the rest of the burghs, so that perpetual order may be established amongst the said whole burghs in time coming; and his majesty, with advice of his said three estates, for performing of the premises, has given full power and commission to the said burghs and commissioners thereof to take order therein as is above-written, and as the said commissioners declare and decree, ordains the same to have full effect and they to abide thereat in time coming; with certification to them if they fail, the remaining burghs giving forth their decreet upon their placing in manner aforesaid, their said decreet shall stand and have effect in all time coming.
[1579/10/76]*[print] [email] [cite] [preceding] [following]
For instruction of the youth in the art of music and singing, which is almost decayed and shall shortly decay unless timely remedy be provided, our sovereign lord, with advice of his three estates of this present parliament, requests the provost, bailies, council and community of the most special burghs of this realm, and of the patrons and provosts of the colleges where song schools are founded, to erect and set up a song school, with a master sufficient and able, for instruction of the youth in the said science of music, as they will answer to his highness upon the peril of their foundations, and in performing of his highness's request do to his majesty acceptable and good pleasure.
[1579/10/77]*[print] [email] [cite] [preceding] [following]
Concerning the supplication presented to the king's majesty and three estates in this present parliament by James, earl of Morton, lord of Dalkeith, admiral of this realm, and John, earl of Mar, lord Erskine, Annabella [Murray], countess of Mar, his mother, and his kinsmen and friends lately attending on his highness's service within his castle of Stirling, of the which the tenor follows:
The Earl of Morton's supplication
Sovereign lord, to your majesty most humbly means and shows I, your servant, James, earl of Morton, lord of Dalkeith, admiral of your realm, that where I trust it be not unknown that I have at all times past, after my ability and power, served your highness and your predecessors and in your said service have spent a great part of my age, not only in that service which to your other lieges upon their duty is common, but in special attendance and charge in the maintenance and defence of your highness's authority, [in] opposition to them who in your highness's infancy rebelled against the same; for the setting forth whereof, it is well known that I did neither fear the hazard of my life nor spare my substance nor the blood of my friends. I was also, in the most difficult time, forced to take upon me the government and charge of your realm and that by the advice of your nobility and estates in parliament the same, in that your highness's tender age, being in the midst of the troubles destitute of a governor, which charge, for your majesty's welfare and good of your realm, I then accepted and travailed therein, until it pleased your highness to receive the regiment in your own hand; whereof, as I was glad to be unburdened, so esteemed I my service and travail well bestowed, for that all things done in the time that I bore charge were after trial first of the whole nobility assembled in general council and then by the estates of parliament found and declared to have been done for your highness's honour and security, the good of your realm and subjects, through which I had, and have, just occasion by your grace's favour to esteem my service past well considered and recompensed. Since then, I have continued in your grace's service as it pleased your highness to command me, and therein I take God to record that I have behaved myself conveniently in all things wherein my judgement might be profitable to your grace and your realm, understanding also that during the said space my service and good affection has been well liked of by your grace. Nevertheless, some malicious and seditious persons labouring, if it were possible, to alienate from me your grace's favour and to breed sedition and trouble within your realm now in your highness's tender age, and your country being even of late at some repose from the former trouble, have sought many occasions to disturb the present quietness, and amongst other wicked inventions have forged and feigned a slanderous report and infamous rumour against me that I was art and part of the poison rumoured to be lately given to the late John [Stewart], earl of Atholl, lord of Balvenie, your highness's chancellor, whereof it is alleged he departed this life. The chief authors of that rumour are not known to me by any certainty, and yet not only is there a slanderous rumour but seditious rhymes and infamous libels openly published, albeit I doubt not but God, who is the author of all truth, my own conscience and all honourable persons will bear witness that I am innocent of all art and part of any such abominable deeds and facts as whereof I am most unjustly slandered. But yet seeing the said slanderous, seditious and false rumour altogether ceases not in such as malign against the truth, I cannot now, when your majesty has your nobility and estates of parliament convened in so full number, abstain from my complaint, the said slander tending not only to the hurt of my honour and fame if the same may be wounded by such false inventions and manifest lies, but to the great slander of your highness's realm either if your counsellors and nobility being rumoured with so shameful a deed shall not be tried and punished according to their deserving, or if they be innocent to sustain such false reports to be made of them within and without the realm, to the manifest reproach of the whole estate and nation, and to the prejudice of the persons so rumoured. Wherefore I beseech your majesty, with good advice of your estates present, to have respect to my earnest affection to your highness's service, which God willing shall continue to my life's end, and to consider how heavy a burden it is to an honourable person to sustain such a calumny. And also seeing the kin and friends of the said late John, earl of Atholl have compeared at this present parliament, that such order may be taken as pertains touching the trial of the raisers of the aforesaid slanderous rumours and that their said false report may be punished as appropriate, to the effect that all nations may know and understand that neither shall such abominable offences remain unpunished within your realm if they can be tried, nor shall such false reporters have liberty of speech to the hurt of whatsoever honourable persons, being innocent as said is, without suitable punishment. And your gracious answer most humbly I beseech.
The Earl of Mar's bill
Sovereign lord, to your majesty and your estates convened in this present parliament humbly means and shows your faithful servant John, earl of Mar, lord Erskine, Annabella, countess of Mar, my mother, and my kinsmen and friends lately attending on your highness's service within your castle of Stirling, that where it is not unknown to your highness how the late John, earl of Mar, sometime regent, and we have truly served your highness from the hour of your birth to this time, and have bestowed our whole engines, care and travails in your highness's nurture and attendance upon your person in your young age, in hope of the comfort that now as well we as the remainder of your faithful subjects find of your majesty, being of God's grace and favour now come to this estate and age. Nevertheless, as is also well known to your highness and lords, we have been heavily slandered, injured and misreported of to your highness's self as the authors and instruments of the poisoning of the last Earl of Atholl, now resting with God, for which as we worthily deserve most severe punishment if we were guilty, so being innocent, as God knows we are, we sustain a heavy slander while being guiltless; and there is great injury done to your highness's self to put you in suspicion and wrong conceit of them that have ever faithfully served your progenitors and yourself as we and our forebears have done, through which we are constrained now, as of before, at Stirling, to beseech your majesty and lords for God's sake and for a recompense of our long and diligent service done to your highness, to which, God willing, we shall continue to our lives' end, to consider how heavy a burden it is to persons of honour and long continued credit to sustain such a calumny. And also seeing the kin and friends of the said late Earl of Atholl have compeared in this present parliament, that such order may be taken therein as appertains touching the trial of the raisers of the aforesaid slanderous rumours and that their said untrue reports may be punished as appropriate, to the effect that all nations and your highness's own subjects may know and understand that neither such abominable offences remain unpunished within your realm if they may be tried, nor shall such untrue reporters have such liberty of speech to the hurt of whatsoever honourable persons, your own faithful servants, being innocent as said is, without suitable punishment. And your gracious answer most humbly we beseech.
Which supplications being read and considered by his highness and his said estates, the effect thereof was communicated and declared by his highness's commandment and direction to John [Murray], now earl of Atholl, lord of Balvenie, and Margaret, countess of Atholl, his mother, who compearing personally in presence of his highness and his said estates, the said Countess of Atholl presented likewise a supplication, whereof the tenor follows:
It will please your majesty of your goodness and clemency to hear my cause and do my son and me justice in this that after follows, which is, your highness will call to your remembrance how your majesty's most humble, faithful and true servant, my lord and good husband, was suddenly cut off, to the great hurt of your highness's surety and service and commonwealth of your realm, me and my bairns, by what means I doubt not your majesty remembers to have heard declared before you and your council by the depositions of the doctors and surgeons being convened in Stirling on [...] June 1579, at your highness's command; as I also for my interest, where I offered to your majesty before your council to declare further of my said lord and husband's conscience, and a part of that which he spoke to me, openly or privately, as should best please your highness, whereof as yet I have not been required. And now seeing the time convenient to let your majesty and council understand the same, I have taken the courage to give in this bill, which upon my true faith to God and your highness, and that I never be one of those that Christ suffered for if I shall say otherwise than the self same words my lord and husband spoke to me, saying in these terms: 'Alas, wife, I have gotten wrong done to me'. 'My lord', said I, 'credit not that: God would not suffer so should by seeing you have not deserved such punishment at his hand nor at man's. And if so were, take a good heart and put your confidence in him; he is a mighty God who will relieve you of it and send you your health as he did [James Stewart], earl of Moray, who was rumoured to have gotten the like wrong in France. But I cannot believe any of those living would do that deed to you'. 'Well', said he, 'you will not let me say the truth. But when God calls upon me to his mercy, you and your bairns will find it to be over true'. Said I, 'If such things be, where think you wrong was done to you?'. 'In the castle of Stirling', said he, 'being at my dinner, where immediately thereafter I felt myself evil at ease. And before I came out of the castle I showed [Agnes Graham], lady Tullibardine my disease and that I suspected there was wrong done to me'. 'Which', said he, 'I know she will not deny, for I esteem her to be true and honest. And on the morning after I got the wrong done to me, being at my supper in my lord [Colin Campbell, earl of] Argyll's house, I said in Irish to him, putting my hand to my breast, the wrong I have gotten is in this part'. He said often enough to your majesty's minister John Duncanson and to another minister called Master John Hamill and to George Boswell, surgeon, that he had gotten wrong done to him, bidding God reward the doers as they can testify. But, sir, to say who was the giver of it, I cannot well declare at this present, but hope in the Lord that by his grace and your highness's help the same shall come to light and true trial; beseeching most humbly your majesty in the meantime not to forget the cutting away of your own blood, but to keep the same in memory and to hold hand to the trial of the same and punishment thereof, according to their demerits, committers of the crime, and to then that it may please your majesty, my son, I and our friends suffer no wrong. As also your highness not to be hasty in according to any act of parliament for punishment of those that murmur and lament the case, for that wicked deed will be spoken of to the world's end in special by those that find themselves interested thereby. It will please your highness to leave my son and me here to protest before your highness and your council that nothing done in this parliament that may cause the extinguishing of my lord, my husband's murder, or otherwise proceeded against us in that action be prejudicial to the cause or impediment to my son, me and our friends to follow forth the trial and punishment thereof, but that we may have place to the same as time shall serve. This we most humbly crave of your majesty and that we may have act of parliament hereupon.
And the said supplication presented by the said countess of Atholl being likewise heard and considered, the king's majesty and his three estates find and declare the desires, as well of the said Earl of Morton, the Earl and Countess of Mar, his mother, and his kinsmen and friends aforesaid, and also of the said Countess of Atholl in their said supplications respectively, to be honourable and reasonable, that is to say, the said earls of Morton and Mar, the Countess of Mar, his mother, and his kinsmen and friends in seeking the trial of the raisers of the aforesaid slanderous rumours, and in offering themselves now, as of before, to be tried as they offer themselves always to be ready to underlie the same trial whenever any shall directly accuse them. And the said Countess of Atholl, seeing she cannot declare at this present as she affirms who were the doers of the wrong to her husband in her protestation, that nothing done in this present parliament be prejudicial to the cause or impediment to her son, her and their friends to follow forth the trial and punishment thereof, but that they may have place to the same as time shall serve always, our said sovereign lord, with advice of his said estates, statutes and ordains that none of his highness's subjects presume or take upon hand to slander, backbite, reproach or injure the said earls of Morton, Mar, the said Countess of Mar and his kinsmen and friends above-written as art and part of the alleged poisoning of the said late Earl of Atholl, without it being in direct accusation and pursued by order of justice according to the laws which they have offered and still offer themselves ready to underlie whenever they shall be lawfully accused; certifying all persons that do in the contrary they shall be esteemed and pursued as liars and tellers of lies to engender discord between his highness and his nobility, according to the acts of parliament made thereat and according to the pains contained therein; and that letters be directed for publication hereof in due form as is appropriate.
[1579/10/78]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in to the king's majesty and lords of articles in this present parliament by Robert, lord Boyd, making mention that where he has bought from Gavin Hamilton of Raploch since the pacification made and concluded at Perth, on 23 February 1572 [1573], ratified and approved in parliament, since he then being our sovereign lord's obedient subject, all and sundry the lands and parks underwritten in good faith, which were set in feu of old to the said Gavin by the late Gavin [Hamilton], commendator of Kilwinning, as his infeftment and confirmation thereof purports, of the dates respectively at Kilwinning, on 26 June 1559, 10 October 1566 and 27 September 1563, namely, all and whole the wood called the Innerwood and new park of Kilwinning, lying within the parish and regality of Kilwinning and sheriffdom of Ayr; the meadow called the Swandame Meadow; the meadow called Dean William Wood's Meadow; the meadow called the Rowne Meadow; the meadow called Dalglen Meadow; eight acres of land called the Beirflat; the ward called Meikle Ward, alias Bogward; the meadow called the Prior's Meadow and Parson's Fauld; the meadow called Meikle Meadow, alias Braid Meadow; and nine acres of land called Kilrig, alias Oxenward; the mill called Synacrie Mill, with four acres of land adjacent thereto and astricted multures thereof used and wont, and all and sundry their pertinents, together with the teinds of all and sundry the aforesaid lands, with their pertinents, lying as said is; the nineteen shilling, four penny land of new extent of Whitehirst; three shilling, six penny land of old extent of Over Whitehirst; twenty penny land of Brigend Easter; twenty-four shilling land of old extent of Overhill of Beith, with the teinds of the same; twenty shilling, four penny land of new extent of Bogside, within the parish of Beith and regality aforesaid, with the teinds of the same; two shilling, eight penny land of the said lands of Bogside of old extent; eight shilling, four penny land of the same lands; eleven shilling, eight penny land of the said lands of Bogside of new extent; four shilling, two penny land of the lands aforesaid, lying in the parish of Kilwinning, regality and sheriffdoms aforesaid; and because the said Gavin is to be forfeited in this present parliament for certain crimes of treason and lese-majesty committed by him, which, by reason of the late act of parliament concerning the dispositions made or to be made by any manner of person or persons convicted, or that hereafter shall happen to be convicted of treason, will prejudice the infeftments and rights acquired by the said Lord Boyd of the aforesaid lands and parks, who loyally and truly served our said sovereign lord at sundry places and now lately at Hamilton and abides at his majesty's obedience, notwithstanding that the same lands are cost by the said lord in good faith as said is, unless our sovereign lord and lords of articles provide remedy; beseeching therefore our said sovereign lord and lords of articles, in consideration of the premises, to declare, decree and ordain that the infeftments and rights acquired by the said lord of the aforesaid lands and meadows may stand in effect and to be sufficient and valid in the self, notwithstanding any process of forfeiture led or to be led against the said Gavin, acts, laws or statutes made or to be made in the contrary; and that the said lord may have an act of parliament thereupon according to justice, as at more length is contained in the said supplication. Which being seen and considered by the king's majesty and three estates of this present parliament, they declare, decree and ordain that the aforesaid infeftments and rights acquired by the said Robert, lord Boyd of the aforesaid lands, mills and meadows shall stand in effect and be sufficient and valid in the self, notwithstanding any process of forfeiture led or to be led against the said Gavin Hamilton, sometime of Raploch, acts, laws or statutes made or to be made in the contrary.
[1579/10/79]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by John Gilbert, goldsmith, burgess of Edinburgh, making mention that where in the parliament held at Stirling Castle on 25 July 1578 there was an act made remitting the cause pursued at his instance before the lords of council against Robert Gray, burgess of the said burgh, his wife and bairns, to the lords appointed for revising of the laws, and by the said act the said lords of session discharged of all proceeding in the said matter, as the said act at more length purports. Since the making of the which act, the said John finding himself accused of process and justice, submitted himself to the lords of secret council of new in Stirling and then received their deliverance, ordaining him to submit himself to the said lords, visitors of the laws, at their convening in St Andrews, as the said deliverance thereof in likewise bears; and according thereto, the said John submitted himself of new to the said lords and visitors of the laws at their last convention in St Andrews, who having considered the whole estate of the cause and how the said matter was remitted to them to take trial therein, and they, understanding that the matter was proceeded to probation and a petition made therein before the lords of session long before the making of the said act of parliament, found and declared that they could not deal with the said matter and that the said lords of session should proceed and administer justice therein where they left, in respect that litiscontestation was made therein before them of before as said is, as the act and ordinance of the said visitors of the laws of the date at St Andrews, 23 April 1579 in like manner at more length purports. Which whole acts and ordinances above-written, being seen and considered first by the lords of articles and thereafter by the king's majesty and three estates, our said sovereign lord, with advice of his three estates of this present parliament, has remitted and remits the aforesaid matter pursued by the said John Gilbert against the said Robert Gray and his colleagues again to the said lords of session, where the same took first beginning, and ordains them to proceed and do justice thereinto where it left before them to the final end and decision thereof as they will answer to the king's majesty upon the execution of their offices, notwithstanding the said act and ordinance made at Stirling upon the said 25 July 1578 aforesaid; and ordains letters to be directed hereupon, if need be, in the appropriate form.
[1579/10/80]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord and his three estates in his last parliament, considering that the universities of this realm appointed for education of the youth, which should be the seed and upholders of the commonwealth and kirk of God, being well founded as well in rents as provision of masters, teachers and bursars, were, notwithstanding, misused by particular persons to their own advantage, without respect to the diligent upbringing of the youth in virtue and good letters, little regarding the commonwealth of this realm and posterity to come, and that the form of teaching was, for the most part, unprofitable, whereby the youth lose their time and parents are frustrated of their expectation; therefore his highness, with advice of his said estates, gave, granted and committed full power and commission to certain noble, reverend, worshipful and discreet persons expressed in the act of parliament made thereupon to visit and consider the foundations and erections of the universities and colleges within this realm to reform such things as sounded to superstition, idolatry and papistry, to displace unqualified and unsuitable persons to discharge their offices in the said universities, to plant such qualified and worthy persons therein as they should find good and sufficient for education of the youth; which persons so appointed, failing to convene at the first diet, nothing was performed until of late, that the matter being remembered by direction from the general assembly of the ministry, especially thinking the University of St Andrews suitable to be reformed, his highness, with advice of the lords of his secret council, ordained and commanded the masters of the said university to be at Edinburgh at a certain day with the foundations of their colleges, to be seen and considered by any six, five or four of such noble, reverend and circumspect persons as his majesty, with advice of his said council, had chosen, committing to them full power to visit and consider the said foundations, to remove all superstitions and papistry, to displace unqualified persons and plant worthy and qualified in their rooms, to redress the form of studies and teaching by more or fewer professors, to join or divide the faculties, to annex every faculty to such college as shall be found most proper and generally to establish such order in that university as shall most tend to the glory of God, profit of this commonwealth and good upbringing of the youth in sciences needful for continuing of the true religion to all posterity, as the act of secret council thereupon at more length purports; and they convening at Edinburgh, and having seen and considered the foundations and erections of the said University of St Andrews, have found the present estate in all the colleges thereof so far altered from the first institution, the most part of the very foundations so far disagreeing with the true religion and so far different from that perfection of teaching which this learned age craves, and they being needful of directions, which the old foundations appoint, being in many things omitted and neglected, have therefore, with common consent, devised and drawn a more profitable and perfect order to be observed in the said university in time coming, as the same subscribed with the hands of the said commissioners at more length bears; which his highness, with advice of his three estates, ordains to be here inserted, and of the same the tenor follows:
To the right excellent, right high and mighty prince James VI, by the grace of God, king of Scots, our sovereign lord, your majesty's daily orators and most honourable subjects, your highness's commissioners for reformation of the University of St Andrews underwritten specially constituted, having at command and direction of your majesty seen and considered the foundations and erections of the said university and been credibly informed of the present condition thereof, with the order of exercise observed therein these sundry years past, and finding the estate of all the colleges at this present time so far altered from the first institution, the most part of the very foundations so far disagreeing with the true religion and so far different from that perfection of teaching which this learned age craves, and they being needful of directions, which the old foundations appoint, being in many things omitted and neglected, we have, therefore, with common consent, devised and drawn the form and order following as more profitable to be observed in the said university in time coming, to the glory of God, honour of your majesty, profit of this commonwealth and good upbringing of the youth in sciences, needful for continuing of the true religion to all posterity. First, we ordain the New College for the study of theology only, in the which five masters daily teaching shall in four years complete the whole course of the New and Old Testament and the common places in this order, namely: the first lecture in the first six months shall teach the precepts of the Hebrew grammar and practice thereof in David, Solomon and Job; in the other six months, the precepts of Caldaic, Syriac and use of the same in Daniel, Ezra, the Paraphrases and Syriac New Testament; the second lecture in the second year and a half shall interpret out of the Hebrew and sensibly open up the law of Moses and the history of the Old Testament, conferring with the Paraphrases, Septuagints and other learned versions where need be; the third lecture in the last year and a half shall, with the like diligence, expone the Prophets, great and small; the fourth lecture shall teach the New Testament out of the Greek tongue during the whole course, conferring with the Syriac; the fifth lecture shall read the common places during the whole course so that the students of theology, hearing daily three lessons the space of four years, shall with mean diligence become perfect theologians; to this end there shall be daily repetitions, once in the week public disputations, every month declamations, three solemn examinations in the course: the first in the end of the first year in the tongues, and so far as they have heard of the Common Places and New Testament; the second examination after the second year and a half in the law, history and so much as shall be read of the Common Places and New Testament; and the third examination in the end of the course in all the tongues, the whole Bible and Common Places; these three solemn examinations shall begin on 10 September, wherein every learned man shall be free to dispute. And because there is great rarity at this present of men learned in the knowledge of the tongues and other things needful for such professors, we have therefore elected certain of the most qualified persons known to us as the said five masters for teaching of the course of theology in the order before written in the said New College, to begin how soon possibly they may be transported there; of the which, three to enter this present year, and ordain the persons now occupying the place of masters in the said college to remove from there without delay. Item, when it shall happen any of the five masters or professors to be deficient or that the number shall not be full, that the election of qualified persons therefore shall from this time forth pertain to the Archbishop of St Andrews, the conservator of the privileges of the said university, the rector, deans of faculty and remaining masters of theology, or the most part of them that shall be present in St Andrews the day appointed for the election; for which purpose, the rector, or in case of his absence or negligence the dean of faculty, within six days after the vacancy of the room by decease or otherwise, shall affix an edict upon one month's warning that all learned men may convene out of all parts of the realm, of whom the worthiest after due examination to be preferred; and to the same persons, electors, shall belong the charge of deposition and deprivation of such as shall be thought unworthy either in doctrine or life or not doing their duty faithfully and diligently in that profession to which they happen to be elected. Item, we ordain eight bursars in theology to be received, taught and have their board upon the rents of the said New College, the stipends and board of the masters hereafter specially declared being first allowed. Item, because it is clearly understood that there has been and is great corruption and abuse in receiving of the bursars in every faculty rather upon favour and solicitation than for virtue or in support of poverty, therefore that in receiving of bursars in time coming, either in theology or any other faculty, there be a public edict fixed by the first master of the college, or in case of his absence or negligence, by the next master, upon 20 days' warning of before 1 October yearly, and by diligent examination of the rector, deans of faculty and the masters of the college where the bursary happens to become vacant, the poorest to be preferred, all other things being equal, if he shall be found as well learned and qualified, without prejudice always of the lawful patrons who, notwithstanding, shall be held to present qualified persons, and that none shall possess a bursary in any faculty but for the space of four years; and that every bursar in theology founded or to be founded in whatsoever college in the said University of St Andrews shall be bound to resort to the lessons and exercise of the said New College now appointed for theology and complete their course as said is. Item, that learning may further increase and qualified persons only be provided to ecclesiastical offices and charges within this realm, we ordain that after the space of four years immediately following the date hereof, none shall be admitted to the ministry of the word of God and sacraments or any benefice having cure of souls except such as have completed their course in theology, or, by rigorous examination by the faculty, shall be found worthy and qualified to receive all their degrees in the said faculty. Item, that the youth may attain a perfect knowledge of humanity and true philosophy, we ordain that in either of the other two colleges, namely, St Leonard's and St Salvator's, there shall be, besides the principal, four ordinary professors or regents, every one continuing in his own profession; the first regent in the first year of the course shall teach the precepts of the Greek tongue and use thereof in the best and most easy authors, with exercise in composition, the first six months in Latin, the rest in Greek; the second regent shall teach the precepts of invention, disposition and elocution in the second year, the shortest, easiest and most accurate with practise thereof in the best authors of both the tongues; the third regent shall teach the most profitable and needful parts of the logic of Aristotle, with the ethics and politics all in Greek and the offices of Cicero in Latin; the fourth regent shall teach in Greek so much of the physics as is needful within the sphere. Item, that the books most needful and profitable shall be appointed for every class by the rector, deans of faculty and their assessors. Item, that every author be read in that tongue in which they write. Item, that the two classes of humanity shall spend at the least one hour daily in composition. Item, that in the last six months of the second year they shall begin to declaim once in the month in Greek and Latin alternatively, besides their daily compositions, which declamation shall continue the two last years. Item, that emulation may be stirred up amongst the said scholars, that they be divided into a body of ten and he preferred to greatest honour who best declaims or composes his theme once in the month to be given for that end. Item, that in every one of the said four classes there shall be every Sunday one lesson in Greek: the first in the evangel of Saint Luke, the second in the acts of the Apostles, the third in the epistles to the Romans, the fourth in the epistle to the Hebrews. Item, because the youth lose much time yearly by long vacation, we ordain that the vacation shall endure only in the month of September, and before 1 October everyone shall return, at the which day the examination of the scholars of humanity and philosophy shall begin, amongst whom the worthy to be promoted and the negligent to be held back. Item, that about 20 August they that have ended their course, after rigorous examination being found qualified, shall be made masters. And when it shall happen the principal or any of the four ordinary professors and regents in either of the said two colleges appointed for humanity and philosophy to be deficient, or that the number appointed shall not be full, the election of qualified persons thereto shall pertain to the said bishop, conservator, rector, deans of faculties and remaining masters of all the three colleges, or the most part of them that shall be present at the day appointed for the election; for which purpose, edicts shall be set up in manner and within the like space as is prescribed in the election of the masters in the college of theology. And the bursars in the arts to be received and admitted by rigour of examination yearly in time coming after this act on 1 October, that the principal of St Salvator's College shall be professor in medicine and the principal of St Leonard's in the philosophy of Plato, which shall read ordinarily four times in the week, Monday, Tuesday, Wednesday and Friday, at the hours to be appointed by the electors and masters of the university; that the lawyer and mathematician of before in the New College shall now be in St Salvator's College and have their stipends and board upon the fruits thereof, and be elected and admitted as the masters of the colleges; that the lawyer now appointed to remain and be in St Salvator's College shall read within the same four lessons of the law weekly, namely, on Monday, Tuesday, Wednesday and Friday, to which lessons in the law shall be ordinary auditors all the advocates and scribes in the consistory and such others as are desirous to proceed in the faculty of the law, and that none be admitted before the lords or other judges to ordinary procuration unless they shall give first specimen doctrine in the University of St Andrews and report a testimonial of the said university witnessing their qualification and how far they have proceeded in the study of the law and thereupon affirming that they diligently kept the lessons so long as they remained in the university; that the mathematician now in St Salvator's College shall read within the same four lessons weekly in the mathematical sciences in such days and hours as shall be appointed to the said lawyer and mathematician by the rector and masters of the university, who also shall appoint the ordinary auditors for the mathematician. That the electors and masters of all the colleges in the university, the provost of the city, with such two of the bailies thereof as they shall think suitable to take with them, or so many of this number as are present in the city for the time, shall convene with the principals of the three colleges every year on 1 October, and by common consent and agreement condescend and prescribe the prices of boards and manner and number of courses of such as live in college for the year then to come; that the prices and order may be uniform in all the three colleges, through which the differences of prices or diversity of entertainment prejudice none of them. That the wonted obedience, reverence and authority that in ancient time was given to the chancellor, rector, deans of faculties and conservator and of late years has somewhat decayed, be restored, and that every one of the chief officers, whether it be in judgement given upon them that are under their jurisdiction or in visiting the colleges, be maintained and in no way stopped by any alleged privilege in the contrary. And that in place of the pain of cursing used of before upon offenders and the disobedient, they be now determined by decreet of the rector and chief members of the university, after the cognition of the cause, to be debarred, secluded and removed out of the university and to lose and forfeit the privileges and benefits thereof, to the execution of which decreet the provost and bailies of the city of St Andrews shall concur and assist if the necessity so require and that they be thereto by the university required; or otherwise there shall likewise be letters passed, by deliverance of the lords of council and session, upon the said decreet and disobedience thereof, as had accustomed to be given of before upon cursed persons within the said university upon the requisition of the same. That the points properly belonging to the office of the chancellor, rector, deans of faculties and conservator of the university be sought out of the ancient statutes, foundations and privileges by the persons presently occupying the same offices, and that everyone present his own to your majesty between now and 1 March 1580, to the effect that the same, being found good and allowable, may also be registered and remain with these present statutes. That the founded persons in every college, as well teachers as students, be first well qualified according to the order now appointed, and next that they be diligent in discharging of their offices to the intent that neither ignorance nor idleness in place of science and virtue labouring be maintained or permitted, but that every one according to the order presently appointed be exercised. That the wives, bairns and servants of the principals and other masters in the university be put apart in the city out of the colleges, so that women, to an evil and slanderous example, have not residence amongst the young men students, nor yet that the same women have any administration and handling of the common goods of the college, to the great prejudice thereof, and of such as freely would give themselves to the study of letters; be it always hereby understood that the bairns and servants of the said principals and masters that shall be actual students lawfully and orderly entered in the college are not hereby secluded. That every college be visited thrice in the year by the rector and deans of faculties, with their assessors, according to the statutes of the university. And for keeping of good order and uniformity, that every man's complaint be heard and the fault whatsoever corrected; and where either the rector or dean of faculty is principal or master in any college, in that case the remaining electors and visitors to visit that college. That the principals of the colleges between now and 1 May 1580 certify your majesty what persons are entered to them of new by presentation of your highness or other patrons as bursars to any prebendaries or likewise rents and when every one was entered, and that they also give warning to your highness or other patrons when the rooms become vacant, either by decease, deprivation or ending of the course and due time and their interest in respect of the terms of payment to be reckoned either at Martinmas [11 November] or Whitsunday [May/June]. That when the bursar presented shall not be found qualified, the principal or master shall by his own letter, directed with another (not the party repulsed), certify your majesty or other patron of the cause of non-admission or deprivation, to the effect that another sufficiently qualified may be presented to the room of new; the like certification to be at the yearly examination of the bursars in case they be not found worthy to proceed forward in their degrees. That in all admission and promotion the examiners and assessors be sworn that they shall admit nor promote none but such as shall be, by the rigour of examination and sufficient literature, found worthy to be promoted. That all public lectures have a register of all the ordinary auditors coming to the lesson, as well of their own college as without, and that the said auditors subscribe the discipline and be subject to the exercise and disputation and the day of their entry to be registered. And seeing the persons presently to be displaced (beside the provost of the New College who has already the charge of the ministry of the city and parish of St Andrews, which is a burden great enough for any one man to discharge) are either regents or bursars in philosophy, therefore that the regents displaced be preferred to the places of bursars in theology in the said New College, if they will accept the same, and the bursars of philosophy therein which have been lawfully received to be still nourished and maintained until the end of their course, upon the stipends of two of the masters of the said New College which shall not enter until the rents of the same college conveniently may sustain them; and the said bursars to resort to their lessons in any of the other two colleges where they think suitable until the end of their course, to be continued in such form as they began. The principal masters of the colleges shall have no intromission with the common goods and rents thereof but a steward chosen and having commission of the whole masters of every college, of which steward they shall receive daily account; and that there be in every college one common chest, with a sundry lock and key for every master thereof, for preservation of the rents of the college until the same be rightly distributed with common consent. And touching the rents and distribution thereof, we ordain the rents of the kirks annexed of old to the fees of several masters in St Salvator's College to remain and be accounted in time coming amongst the ordinary rents of the same college; and that either of the two principal masters, professors of theology in the said New College, shall have for their fee and their own and their servants' board £100 money and three chalders of victual, namely, 12 bolls of wheat, one chalder of barley and one chalder, four bolls of oats; every one of the other three masters and professors of theology in the same college, £100 and one chalder of victual, namely, four bolls of wheat, six bolls of barley and six bolls of oats; every one of the eight bursars of theology within the same New College shall have for his board £22 6s 8d money, two bolls of wheat, five bolls of barley, two bolls of oats and the rest of the rents to be bestowed for the fees of the common servants, reparation of the place and reserved for public uses upon account; in the colleges of humanity and philosophy, the principal master and the lawyer and the mathematician, every one for his own fee and his own and his servants' board, £100 money and one chalder of oats; every one of the other four ordinary professors or regents written before for his fee and his board, 100 merks; and for the board of every bursar in philosophy, 50 merks, reserving the rest of the rents for the fees of the common servants, reparation of the place and other public uses upon account, providing that all persons thus ordained to live on the college rents and that have ordinary charges within the colleges apply that which is appointed for their board and eat together within the college in such sort as they can best agree amongst themselves. That it be in no way lawful to the masters of any of the said colleges to set the kirks, lands, fruits and rents annexed thereto in feu or tacks, to the diminution of the rental, or by the changing of victual in prices of silver, under the pain of deprivation from their places; and in case any shall happen maliciously to do otherwise, that it be worthy cause of deprivation to the setter and that the set, feu or disposition whatsoever shall be no longer valuable to the purchaser thereof, nor the setters, possessors, their places and rooms in the college. And for execution of this present reformation, we humbly and earnestly require your majesty to grant commission to such honourable, worthy and zealous persons as your highness and your estates shall think expedient that will and may attend thereto, specially to command them to call before them all such as have had the charge of the said colleges and intromitted with the rents thereof in time past, and to hear and see their accounts subscribed, discharges to them, receive their rentals, libraries, furnishings and plenishing, upon perfect inventory, and deliver the same upon the like inventory to the masters now to be placed according to this reformation in the said colleges, with formal and good rentals to be made of the rents of every one of the said colleges for the better collection and account thereof in time coming, inhibiting the persons now displaced of all further dealing and intromission with the said rents and all feuars, farmers, tenants, tacksmen, parishioners and others whatsoever of all answering, obeying and payment making of the same to the said displaced persons of the term of Martinmas 1579 of the crop of this instant year of God 1579, certifying those that do in the contrary they shall be compelled to pay the same over again. And that it may please your majesty to cause visit and consider the said university of new at the end of four years following 1 October 1579, that it may be known what fruit and effect follows by this reformation, and always from thenceforth at the end of every four years, and that it may please your highness according to your godly zeal, always to the advancement of God's glory and good letters, to grant to the said university and to the master and members actually resident therein and to the steward and procurator of every college the like privilege for calling and expedition of their actions and cause before the lords of council and session as is granted to the prelates and members of the college of justice, and so to provide for sustenance of the ministry at the kirks annexed to the said colleges by the surplus of the thirds and other ecclesiastical rents, as neither the rents of the colleges be diminished nor the founded persons withdrawn from their ordinary studies and teaching to serve as ministers at particular kirks. In witness whereof, we have subscribed this act with our hands. At Edinburgh, 8 November 1579. It is thus subscribed, [Robert Stewart, earl of] Lennox, R[obert Pitcairn, commendator of] Dunfermline, G[eorge] Buchanan, James Haliburton, P[eter] Young.
Therefore, our said sovereign lord, with advice of his three estates, ratifies, approves and confirms the said reformation of the said University of St Andrews, made at his highness's command as said is, and for putting of the same in full execution, his majesty, with advice of his said estates, gives and grants full power, commission and authority to his dearest and only great uncle Robert, earl of Lennox, lord Darnley, commendator of the priory of St Andrews, Andrew [Leslie], earl of Rothes, lord Leslie, sheriff of Fife, Patrick [Adamson], archbishop of St Andrews, Patrick [Lindsay], lord Lindsay of the Byres, Robert [Pitcairn], commendator of Dunfermline, his highness's secretary and archdean of St Andrews, John Erskine of Dun, Master John Winram, prior of Portmoak, Master James Haliburton, provost of Dundee, or any three of them jointly, commanding all the present ministers and members of the said university to answer and obey the said commissioners in execution of the said reformation, according to the effect and meaning thereof, and if need be to make open doors and locks, for the which the doers shall incur no danger in their persons, lands or goods nor shall not be called nor accused for the same criminally nor civilly by any manner of way in time coming, the old foundations and erections of the said colleges and whole university, or anything contained therein, notwithstanding, whereat his majesty, with advice of his said estates, dispenses, and that the lords of council and session direct letters to the effect respectively above-written in the appropriate form.
[1579/10/81]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness and his authority within this realm, has given and granted and, by the tenor hereof, gives and grants to John Fleming, son lawful to the late John, sometime lord Fleming, that he shall have, possess and enjoy the like benefit, favour, grace, privilege and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in the parliament held at Edinburgh in the month of April 1573; and wills and grants that the same pacification be as largely and favourably extended and interpreted in favour of the said John for the surety of his life and possessing of the living, honour and goods which sometime pertained to the said late John, sometime lord Fleming, his father, as if the said John had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the same were herein expressly specified, restoring, rehabilitating and making the said John lawful to enter by brieve to the lands and heritage sometime pertaining to his said late father, as if he had died at our sovereign lord's faith and peace; providing always that the heritable disposition of the lands of Edmonstone to James [Douglas], earl of Morton, lord Dalkeith etc., nor the sum consigned by him for redemption of the lands and barony of Kilbucho and assigned to him by reason of escheat, and also that the town and lands of Cambusdrenny and Westwood, lying within the sheriffdom of Perth, possessed by Adam [Erskine], commendator of Cambuskenneth, be not comprehended under this present pacification and restitution, but he to enjoy the same until he be satisfied of his action which he had against the said late lord for spoiling of the teinds of the parish of Lenzie of the crops and years of 1568 and 1569; providing also that by this act our said sovereign lord be not prejudiced of the said John Fleming's ward and marriage, nor of the whole profits and commodities thereof, nor that the same be extended to the murders of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents; and further ordains this pacification and privileges specified therein to be as largely and amply extended to the said John Fleming and in his favour as any pacification is granted to whatsoever person or persons, our sovereign lord's lieges, in any time of before.
[1579/10/82]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness and his authority within this realm, has given and granted and, by the tenor hereof, gives and grants to a noble and mighty lord, Andrew, earl of Rothes, lord Leslie, that he shall have, possess and enjoy the like favour, grace, benefit and privilege which are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in parliament; and decrees and ordains the said pacification to be as favourably and largely extended in his favour for the security of him, his life, lands, heritages, actions, causes, possessions, goods and gear whatsoever as if he were specially and expressly nominated therein, or as if the whole articles, clauses and conditions of the same were herein specially contained and expressed. And for the better security, our said sovereign lord, with advice of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted in manner above-written to the said earl, providing always that the same extend not to the murders of the late [Henry Stewart, lord Darnley], our said sovereign lord's dearest father, and James [Stewart], earl of Moray and Matthew [Stewart], earl of Lennox, regents to our sovereign lord for the time, but by this act specially and expressly excepts the same.
[1579/10/83]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, for good considerations moving his highness tending to the quietness of this realm, and of his special grace and favour, has given and granted and, by the tenor of this present act, with advice and consent aforesaid, gives and grants to Peter Martin, burgess of Edinburgh, the like grace, benefit and favour as is contained in the pacification made at Perth on 23 February 1572 [1573], between his highness's commissioners on the one part, and the late George [Gordon], earl of Huntly, and certain others, his colleagues, on the other part, ratified and approved in his highness's parliament held at Edinburgh in the month of April 1573; and that the said pacification and approbation thereof in parliament be as largely extended to the said Peter and in his favour for the security of him, his life, lands, heritages, actions, causes, possessions, goods and gear whatsoever, as if he were specially and expressly nominated therein, or as if the whole articles, clauses and conditions of the same were herein contained and expressed. And for the better security, our said sovereign lord, with advice of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves the said pacification given and granted to the said Peter and that the same be as largely and amply extended to him as the same is or shall be extended to the said George, earl of Huntly, his colleagues or any others named in the said first pacification and as if he were specially nominated in the same, providing that in case the said Peter be culpable of the slaughters and murders of [Henry Stewart, lord Darnley], our said sovereign lord's late dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his said two regents, that he be answerable thereof as appropriate, notwithstanding the said pacification.
[1579/10/84]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, for good considerations moving his highness tending to the quietness of this realm, and of his special grace and favour, has given and granted and, by the tenor of this present act, with advice and consent aforesaid, gives and grants to John Richardson, saddler, burgess of Edinburgh, the like grace, benefit and favour as is contained in the pacification made at Perth on 23 February 1572 [1573] between his highness's commissioners on that one part, and the late George [Gordon], earl of Huntly, and certain his colleagues on that other part, ratified and approved in his highness's parliament held at Edinburgh in the month of April 1573; and has ordained the said pacification to be as largely and favourably extended in his favour for the security of him, his life, lands, heritages, possessions, goods and gear whatsoever as if he were specially and expressly nominated therein, or as if the whole articles, clauses and conditions of the same were herein contained and expressed. And for the better security, our said sovereign lord, with advice of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves this present pacification now given and granted to the said John and that the same be as largely and amply extended to him as the same is or shall be extended to the said George, earl of Huntly, his colleagues or any others named in the said first pacification and as if he were specially nominated in the same, providing that the same extend not to the murders of [Henry Stewart, lord Darnley], our said sovereign lord's late dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, but he to be answerable thereof as appropriate, notwithstanding this pacification.
[1579/10/85]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, for good considerations moving his highness tending to the quietness of this realm, and of his special grace and favour, has given and granted and, by this present act, gives and grants to Alexander Crichton of Drylaw the like grace, benefit and favour as is contained in the pacification made at Perth on 23 February 1572 [1573] between his highness's commissioners on that one part, and the late George [Gordon], earl of Huntly, and certain others, his colleagues, on that other part, ratified and approved in his highness's parliament held at Edinburgh in the month of April 1573; and has ordained the said pacification to be as largely and favourably extended in his favour for the security of him, his life, lands, heritages, possessions, goods and gear whatsoever as if he were specially and expressly nominated therein, or as if the whole articles, clauses and conditions of the same were herein contained and expressed. And for the better security, our said sovereign lord, with advice of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves this present pacification now given and granted to the said Alexander and declares the same to be as largely and amply extended to him as the same is or shall be extended to the said George, earl of Huntly, his colleagues or any others named in the said first pacification and as if he were specially nominated in the same, providing that this act be not extended nor interpreted for his relief of the odious murder and slaughter of [Henry Stewart, lord Darnley], our said sovereign lord's late father, and two regents, [James Stewart], earl of Moray and [Matthew Stewart, earl of] Lennox, but he to be answerable thereof according to the law.
[1579/10/86]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to William Henryson in Edinburgh, constable depute, that he shall have, possess and enjoy the like benefit, favour, privilege and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in the parliament held at Edinburgh in the month of April 1573; and that the said pacification be as largely and favourably extended and interpreted in favour of the said William, for the security of his life and enjoying of his living, honours, offices, heritages, goods and possessions as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the same were herein expressly specified. And therefore our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted in manner above-written to the said William in all points, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, but by this act specially and expressly excepts the same.
[1579/10/87]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Margaret Whitelaw, Isobel Whitelaw and Marion Whitelaw, lawful daughters and apparent heirs to the late Patrick Whitelaw of that Ilk, the like favour, grace and benefit of the pacification made and concluded at the burgh of Perth on 23 February 1572 [1573] and ratified and approved in his highness's parliament held at Edinburgh in the month of April 1573; and wills the same pacification be as largely and favourably extended in the favour of the said Margaret, Isobel and Marion for the surety of them and their lives, lands, honours, possessions and goods pertaining to them or to which they may, and ought, to succeed as heirs to their said late father, as if he and they had been specially nominated and comprehended in the said pacification, or as if the whole articles and conditions thereof were herein expressly mentioned. And for the better security, our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the said Margaret, Isobel and Marion in manner above-written in all points, after the form and tenor thereof, and declares the same to have full effect and force in time coming, providing always that the same pacification in no way prejudices our sovereign lord and his highness's donator of the said three daughters' ward and marriage, or of any of them, in the whole profits and commodities or of any part thereof, nor yet that the same extend toward the murders of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents.
[1579/10/88]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Henry Echline of Pittadro that he shall have, possess and enjoy the like grace, favour, privileges and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in the parliament held at Edinburgh in the month of April 1573; and decrees and ordains the said pacification to be as largely and favourably extended in favour of the said Henry as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions thereof were in this act expressly contained and mentioned, which our sovereign lord, with advice and consent aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted in manner above-written to the said Henry in all points, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, but by this act specially and expressly excepts the same.
[1579/10/89]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Patrick Hepburn of Kirklandhill that he shall have, possess and enjoy the like benefit, favour, privilege and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in the parliament held at Edinburgh in the month of April 1573; and that the said pacification be as largely and favourably extended in the said Patrick's favour as if he had been specially named and comprehended therein for enjoying of his lands, livings, honours, rooms, possessions, heritages, goods and gear, as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the same were herein expressly specified; and therefore our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the said Patrick in manner above-written in all points, after the form and tenor thereof, and declares the same to have full strength, force and effect in all time coming, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our said sovereign lord's late father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, but by this act specially and expressly excepts the same.
[1579/10/90]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Henry Hepburn of Fortoun that he shall have, possess and enjoy the like benefit, favour, privilege and conditions as are contained in the pacification made and accorded on at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in the parliament held at Edinburgh in the month of April 1573; and that the said pacification be as largely and favourably extended in the said Henry's favour as if he had been specially nominated and comprehended therein for enjoying of his lands, livings, honours, rooms, possessions, heritages, goods and gear, as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the same were herein expressly specified; and therefore our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the said Henry in manner above-written in all points, after the form and tenor thereof, and declares the same to have full strength, force and effect in all time coming, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our said sovereign lord's late dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, but by this act specially and expressly excepts the same.
[1579/10/91]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to a noble and mighty lord, Hugh, lord Somerville, his brother, father, brother's men, tenants, servants and proper dependants upon him, that he and they shall have, possess and enjoy the like favour, benefit and privilege which is contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in parliament; and decrees and ordains the said pacification to be as favourably and largely extended in favour of the said lord and his aforesaids for the security of them, their lives, lands, actions, causes, possessions, goods and gear whatsoever, or as if they were specially and expressly nominated therein, or as if the whole articles, clauses and conditions of the same were herein specially contained and expressed. And for the better security, our said sovereign lord, with advice of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted in manner above-written to the said noble lord and his aforesaids, providing always that the same extend not to the murders of the late [Henry Stewart, lord Darnley], our said sovereign lord's dearest [father], and James [Stewart], earl of Moray, and Matthew [Stewart], earl of Lennox, regents to our said sovereign lord for the time, but by this act specially and expressly excepts the same.
[1579/10/92]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Robert Melville of Murdocairnie that he shall have, possess and enjoy the like grace, favour, privileges and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in the parliament held at Edinburgh in the month of April 1573; and decrees and ordains the said pacification to be as largely and favourably extended in favour of the said Robert as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions thereof were in this act expressly contained and mentioned, which our sovereign lord, with advice and consent aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted in manner above-written to the said Robert in all points, providing always that the same pacification in no way be extended nor relieve the said Robert of the odious murders and slaughter of [Henry Stewart, lord Darnley], our said sovereign lord's late dearest father, and two regents, [James Stewart, earl of] Moray and [Matthew Stewart, earl of] Lennox, if he be culpable thereof, and by this act specially and expressly excepts the same.
[1579/10/93]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to David Melville, brother lawful to John Melville of Raith, that he shall have, possess and enjoy the like grace, favour, privileges and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in the parliament held at Edinburgh in the month of April, 1573; and decrees and ordains the said pacification to be as largely and favourably extended in favour of the said David as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions thereof were in this act expressly contained and mentioned, which our said sovereign lord, with advice and consent aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted in manner above-written to the said David in all points, providing always that this act be not extended, nor interpreted, to all and whole the lands of Prinlaws, lying within the sheriffdom of Fife, pertaining heritably to John Reid of Aikenhead, so that the said benefit of pacification nor any points, passes, clauses nor articles contained therein be not prejudicial to the said John, but that he may possess and enjoy the same perpetually in time coming as his heritage, notwithstanding whatsoever right or title granted and given of before of those same lands to the said David Melville; and also providing that the same pacification in no way be extended nor relieve the said David of the odious murders and slaughter of [Henry Stewart, lord Darnley], our said sovereign lord's late dearest father, and two regents, [James Stewart, earl of] Moray and [Matthew Stewart, earl of] Lennox, if he be culpable thereof, but by this act specially and expressly excepts the same.
[1579/10/94]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, for diverse considerations moving them tending to the quietness of this realm, have given and granted and, by the tenor of this present act, give and grant to James Spence, son lawful to late David Spence of Wormiston, the like grace and benefit of the pacification made at Perth on 23 February 1572 [1573], and ratified and approved in his highness's parliament held at Edinburgh in the month of April 1573, without exception; and will the same pacification, without exception, to be as amply extended in the said James's favour in all respects, conditions, clauses and circumstances thereof as the said late David had been expressly comprehended and contained therein. And also his highness, with advice of the estates of the said parliament, wills and grants that the said pacification, without exception, be amply interpreted and ended to the said James in all clauses thereof as said is, and specially that this present act of parliament according to the said pacification be sufficient to rescind and withdraw, likewise our said sovereign lord and estates aforesaid withdraw and rescind the process of forfeiture led against the said late David for certain crimes of treason and lese-majesty committed by him, and to restore and make new as his highness, with advice aforesaid, restores and makes new the said James against the same, likewise and as freely in all respects as if the said process had never been led and doom of forfeiture had never been given after the form and tenor of the said pacification, which, and every clause thereof, is herein held expressly; and ordains this present act to be extended in competent and due form as is appropriate, restoring fully the memory, honour and fame of the said late David in the person of his said lawful son, likewise our sovereign lord and three estates of this present parliament restore and rehabilitate the said James's son aforesaid thereto; and find and declare the said James able to enter and succeed as heir to the said late David, his father, by brieves of our sovereign lord's chapel or otherwise, to the which the said late David had right and possession thereof, notwithstanding the said process of forfeiture or anything following thereupon.†