[1579/10/56]*[print] [email] [cite] [preceding] [following]
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.
[1579/10/57]*[print] [email] [cite] [preceding] [following]
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.