[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.