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The running parliament of the most excellent prince James VI, king of Scots, held at Edinburgh on 22 May 1584 by our supreme lord the king, present himself, with the three estates of the realm, along with Francis [Hay], feuar of the lordship of Erroll, compearing for himself, and Andrew [Hay], earl of Erroll, lord Hay, etc., his father, the constable, George [Keith], earl Marischal as marischal, Francis [Stewart], earl of Bothwell, sheriff of Edinburgh, and Andrew Lindsay, judge, for the officers of parliament.
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The king present
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Our sovereign lord, with advice of his three estates convened in this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the liberty of the preaching of the true word of God and administration of the sacraments in purity and sincerity according to the Confession of the Faith received and authorised by parliament in the first year of his majesty's reign.
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Forasmuch as sundry persons being lately called before the king's majesty and his secret council to answer upon certain points to have been enquired of them, concerning some treasonable, seditious and contemptuous speeches uttered by them in pulpit, schools and otherwise, to the disdain and reproach of his highness, his progenitors and present council, contemptuously declined the judgement of his highness and his said council in that behalf, to the evil example of others to do the like if timely remedy be not provided, therefore our sovereign lord and his three estates assembled in this present parliament ratify and approve and perpetually confirm the royal power and authority over all states, both spiritual as temporal, within this realm in the person of the king's majesty, our sovereign lord, his heirs and successors, and also statute and ordain that his highness, his said heirs and successors, by themselves and their councils, are and in time to come shall be judges competent to all persons, his highness's subjects of whatsoever estate, degree, function or condition that ever they be, spiritual or temporal, in all matters wherein they or any of them shall be apprehended, summoned or charged to answer to such things as shall be enquired of them by our said sovereign lord and his council, and that none of them who shall happen to be apprehended, called or summoned to the effect aforesaid presume or take upon hand to decline the judgement of his highness, his heirs or successors or their council in the premises, under the pain of treason.
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The king's majesty, considering the honour and the authority of his supreme court of parliament continued past all memory of man to these days, as constituted upon the free votes of the three estates of this ancient kingdom, by whom the same under God ever has been upheld, rebellious and traitorous subjects punished, the good and faithful preserved and maintained and the laws and acts of parliament (by which all men are governed) made and established; and finding the power, dignity and authority of the said court of parliament of late years called in some doubt, at least some curiously working to have introduced some innovation thereupon, his majesty's firm will and mind always being as it is yet, that the honour, authority and dignity of the said three estates shall stand and continue in their own integrity, according to the ancient and lovable custom observed in time bygone, without any alteration or diminution; therefore it is statute and ordained by our said sovereign lord and his three estates assembled in this present parliament that none of his lieges and subjects presume or take upon hand to impugn the dignity and authority of the said three estates or to seek or procure the innovation or diminution of the power and authority of the same three estates or any of them in time coming, under the pain of treason.
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Forasmuch as in the troubling times during these 24 years past, sundry forms of judgements and jurisdictions, both in spiritual as temporal causes, are entered, in the practice and custom whereby the king's majesty's subjects are often convened and assembled together and pains, both civil and pecuniary as ecclesiastical, enjoined to them, process led and deduced, sentences and decreets given and the same put into execution, no such order as yet being allowed of and approved by his majesty and his three estates in parliament, contrary to the custom observed in any other Christian kingdom or well governed commonwealth and to the diminishing of the force and power of his highness's own laws, by the which his majesty's subjects ought to be ruled, and specially his highness and his estates considering that in the said assemblies certain of his subjects have taken upon them to justify and authorise the fact perpetrated against his highness's person and estate at Ruthven and prosecuted thereafter, until his majesty at God's pleasure recovered his liberty, having in their pretended manner made acts thereupon, kept the same in register and as yet seem to allow the said attempt, although now publicly condemned by his highness and estates as treasonable, none of the authors thereof having craved his highness's pardon thereof; for remedy whereof in time coming, so that according to the lovable act of his dearest grandfather, King James IV of worthy memory, all his highness's lieges (being under his obedience) must be ruled by his own laws and the common laws of this realm and by no other laws, our sovereign lord and his three estates assembled in this present parliament discharge all judgements and jurisdictions, spiritual or temporal, accustomed to be used and executed upon any of his highness's subjects which are not approved by his highness and his said three estates convened in parliament, and decree the same to cease in time coming, until the order thereof be first seen and considered by his† estates in parliament, and be allowed and ratified by them, certifying those that shall proceed in using and exercising of the said judgements and jurisdictions or obey the same, not being allowed nor ratified as is said, they shall be reputed, held, called, pursued and punished as usurpers and condemners of his highness's authority, in example of others. And also it is statute and ordained by our said sovereign lord and his three estates that none of his highness's subjects, of whatsoever quality, estate or function they be of, spiritual or temporal, presume or take upon hand to convocate, convene or assemble themselves together for holding of councils, conventions or assemblies, to create, consult and determine in any matter of estate, civil or ecclesiastical (except in the ordinary judgements), without his majesty's special commandment, express licence had and obtained to that effect, under the pains ordained by the laws and acts of parliament against such as unlawfully convenes the king's lieges.
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Our sovereign lord and his three estates assembled in this present parliament, willing that the word of God shall be preached and sacraments administered in purity and sincerity, and that the rents whereupon the ministers ought to be sustained shall not be possessed by unworthy persons neglecting to do their duties for which they accept their benefices, being otherwise polluted by the frail and enormous crimes and vices after-specified, it is therefore statute and ordained by his highness, with advice of the said three estates, that all parsons, ministers or readers, or others provided to benefices since his highness's coronation (not having vote in his highness's parliament) suspected to be culpable of heresy, papistry, false and erroneous doctrine, common blasphemy, fornication, common drunkenness, non-residence, plurality of benefices having cure, whereunto they are provided since the said coronation, simony and dilapidation of the rents of benefices, contrary to the late act of parliament, being lawfully and orderly called, tried and judged culpable in the vices and causes above-written, or one of them, by the ordinary bishop of the diocese or others, the king's majesty's commissioners to be constituted in ecclesiastical causes, shall be deprived both from their function in the ministry and from their benefices, which shall be thereby declared to be vacant, to be presented and conferred anew, as if the persons, possessors thereof, had been naturally dead; and that it shall be esteemed and judged non-residence where the person being in the function of the ministry, provided to a benefice since the king's majesty's coronation, makes non-residence at his manse, if he has any, and, failing thereof, at some other dwelling place within the parish, but remains absent from there and from his kirk and using of his office by the space of four Sundays in the whole year, without lawful cause and impediment allowed by his ordinary; and where any person is admitted to more benefices having cure since our sovereign lord's coronation, the acceptance of the last shall be sufficient cause of deprivation from the remainder, so that he be provided to two or more benefices having cure since the time of the said coronation; and nevertheless this present act shall not extend to any person provided to his benefice before the said coronation, neither shall the possession of the said office to which he was provided of before induce plurality of benefices in this case, but he shall only lose his right of the benefice to which he was provided since the said coronation only; and union of kirks to one benefice are not to be judged plurality, until further order be established and provided in that behalf; likewise also the persons being in the function of the ministry that shall happen to be lawfully and orderly convicted before our sovereign lord's justice general or others, their judges competent of criminal causes, such as treason, slaughter, mutilation, adultery, incest, theft,† perjury or falsehoods, they being likewise lawfully and orderly deprived from their function in the ministry by their ordinary or the king's commissioners in ecclesiastical causes, the benefices possessed by the said persons to be vacant by reason of the said conviction and deprivation and this to have effect and execution only for crimes, vices, faults and offences that shall happen to be committed after the date hereof.
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The king's majesty and his three estates assembled in this present parliament, earnestly desirous that all his loving and good subjects shall be faithfully instructed in the doctrine of their salvation and that the ministers of God's word and sacraments may the better and more diligently attend upon their own charges and vocation, therefore statutes and ordains that all the said ministers shall lawfully await thereupon, to the comfort and edification of the flocks committed to them, and that none of them presently being in that function, or that shall be admitted thereto in time coming, shall in any way accept, use or administer any place of judicature in whatsoever civil or criminal causes, not to be of the college of justice, commissioners, advocates, court clerks or notaries in any matters (the making of testaments only excepted) under the pain of deprivation from their benefices, livings and function; and if they fail herein, being called, tried and judged culpable by their ordinaries or the king's majesty's commissioners in ecclesiastical causes, they shall then lose their said benefices and livings and other qualified persons shall be presented and provided thereto, as if they were naturally dead.
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The king's majesty and his three estates assembled in this present parliament ratify and approve and, for his highness and his successors, perpetually confirm the declaration underwritten made by his highness, with advice of his said estates convened in council, on 7 September 1583,† of the which the tenor follows:
Albeit the late surprise and restraint of our most noble person, perpetrated in August now past a year, was a crime of lese-majesty, heinous in itself, of dangerous sequel and most pernicious example, meriting to be the more aggravated that the greatest part of the committers thereof, besides their allegiance and common duty of subjects, were specially bound to us by many benefits and particular obligations, deserving thereby the greater severity and more grievous punishment; yet we, being naturally inclined to mercy and according to our natural disposition always resolved by clemency to give them occasion the more willingly to return to their duty and by a loving and gentle demeanour, as it were, to deserve a more assured and voluntary obedience, and therefore have not only abstained from all rigour, but also besides the custom of a most clement prince, in private speeches, published answers to several ambassadors directed towards us by [Elizabeth I], our dearest sister, the queen of England, by our ambassadors sent to her, by diverse resolutions in council and public proclamations, uttered our clemency, promised impunity, offered pardon and full security of lives, lands and goods to such as would acknowledge their offence and return to their due obedience, fully satisfying ourselves with so moderate and slender declaration thereof as was no way to their hurt, loss or detriment, relenting the times† prefixed thereto and prorogating the same from time to time, and rather as a father seeking to recover his children than a sovereign prince in a commonwealth respecting his estate and surety, after their manifest disobedience, without any proceeding against them, permitted some of the ministers and well affected barons to deal with them, entreat them and persuade them of their duty, continuing (notwithstanding the weight of their crime and disobedience) of full intention that, by their penitence, their former offence and contempt should altogether be extinguished and buried in oblivion. And albeit our clemency and long suffering has not produced such effect, nor been so respected by them as they ought, we have thought good to assemble our nobility and estates, by their advice the more solemnly to reiterate and fully perform whatsoever we had in the word of a prince, and by advice of our council heretofore promised and by their advice to provide substantially, as well their impunity and full assurance with our honour and surety of [our]† person and estate, and also to bear record of our mercy and forbearance, whatsoever shall happen hereafter by the behaviour of the said persons to ensue. And seeing we have omitted no good means nor left anything undone that could be wished in a godly, most careful and most clement prince, we and our nobility and estates have resolved and hereby do declare that whoever shall hereafter repine, continue in their disobedience and condemn our clemency and so long suffering, we, our said nobility and estates presently assembled will take such order as our honour, surety of person and estate shall require and their stubborn and proud contempt shall deserve, and shall prosecute the said crime and sequel thereof against all such that either has or shall stubbornly repine, persist in their disobedience, condemn our clemency or refuse to acknowledge their offence, and their assisters, supporters and partakers whatsoever, which we do promise in the word of a prince, and our nobility and estates have solemnly sworn to hold hand and assist to their uttermost, which we desire be enacted and registered in the books of our privy council and published at all market crosses and other places needful of our realm; and that the same may have the better authority, we and our nobility have subscribed this act at Holyroodhouse on 7 December 1583. And also it is statute [and ordained]† by our sovereign lord and his three estates in this present parliament that none who were authors or had foreknowledge of the said most treasonable deed shall presume in time coming to occupy or possess place in his highness's privy council or college of justice or in any public office of the estate of this commonwealth, or repair to his highness's court and presence, not being expressly sent for by his majesty under the pain of incurring of his highness's [high]† indignation. And because the late treasonable rebellion attempted against his highness's person and estate is the sequel of the former committed at Ruthven, it is also statute and ordained by his highness, with advice of his said three estates, that none of his highness's subjects in time coming presume or take upon hand, by word or writ, to justify and allow the said most treasonable attempt at Ruthven, or to keep in register or store any books, rhyme, act, bond or writ whatsoever tending to the allowing and approval of the same attempt at Ruthven in any sort, but those that possess the said bonds, books, acts and registers in their hands bring in and present the same to his highness and privy council between the date hereof and 1 July 1584, to be deleted and cancelled under the pain of treason, with certification to those that fail, that pains of treason shall be executed against† them without favour in example of others. Moreover, forasmuch as the late most treasonable conspiracy and rebellious attempt at the burgh of Stirling, and intended to have been further executed and prosecuted against his highness's person, authority and estate and the common quietness of the whole good subjects within this realm, was impossible to be interpreted and set forward by the few number that revealed and plainly showed themselves authors and avowers of that wicked deed, without the reset, supply, comfort, communication, and countenancing provided by others, their favourers and conspirators in the same crime, therefore, in horror of the said treasonable fact and terror to others to attempt the like, it is statute and ordained by our sovereign lord and his [three]† estates assembled in this present parliament that all persons that† have reset, supplied, communicated with the rebels or† conspirators that lately in April 1583 surprised his highness's castle and burgh of Stirling, or such as were with them and publicly assisted them in their rebellion during their abiding within the said burgh and castle, or after the coming of [John Erskine], earl of Mar and [Thomas Lyon of Baldukie], master of Glamis out of Ireland and until their fleeing and entering again within the realm of England, or has since or shall hereafter deal with them, or that after their reset has not nor shall not take and present them before his majesty and council, or who has written or received writ or word from them by any organ or instrument, direct or indirect, knowing of their habitual resorts, intermediaries or traffic and kept it secret and unrevealed with all good diligence, and all that has aided them with horses, victual, company or convoy or reset them in their houses, administering to them help the better to accomplish their aforesaid treason against his highness's person, nobility, council and crown, shall now, and in all time coming, be esteemed, held, [deemed]† and judged guilty of the treasonable deeds of the said rebels, traitors and conspirators and as committers of the crime of treason, and shall be called, pursued and punished for that with all rigour, in example of others.
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Forasmuch as it is understood by our sovereign lord and his three estates assembled in this present parliament what great harm and inconvenience has fallen in this realm, chiefly since the beginning of the civil troubles occurring in the time of his highness's minority, through the wicked and licentious public and private speeches and untrue calumnies of diverse his subjects, to the disdain, contempt and reproach of his majesty, his council and proceedings, and to the dishonour and prejudice of his highness, his parents, progenitors and estate, stirring up his highness's subjects thereby to misliking, sedition, unquietness and to cast off their due obedience to his majesty, to their evident peril, loss and destruction, his highness, continuing always in love and clemency towards all his good subjects and most willing to seek the safety and preservation of them all, which wilfully, needlessly and upon plain malice, after his highness's mercy and pardon often before granted, have not procured to themselves by their treasonable deeds to be cut off as corrupt members of this commonwealth; therefore it is statute and ordained by our sovereign lord and three estates of this present parliament that none of his subjects (of whatsoever function, degree or quality in time coming) shall presume or take upon hand, privately or publicly, in sermons, declamations or familiar conferences, to utter any false, untrue or slanderous speeches to the disdain, reproach and contempt of his majesty, his council and proceedings, or to the dishonour, hurt or prejudice of his highness, his parents and progenitors, or to meddle in the affairs of his highness and his estate, present, past and in time coming, under the pains contained in the acts of parliament against makers and tellers of lies, certifying those that shall be tried contraveners thereof, or that hears such slanderous speeches and does not report the same with diligence, the said pain shall be executed against them with all diligence,† in example of others. Moreover, because it is understood by his highness and his three estates that the books of the Chronicle and De Jure Regni apud Scotos, made by the late Master George Buchanan and printed since, contain sundry offensive matters worthy to be deleted, it is therefore statute and ordained that those that possess the said two volumes in their hands bring in and deliver the same to my lord secretary or his deputes within forty days after the publication hereof, to the effect that the said two volumes may be perused and purged of the offensive and extraordinary matters specified therein, not suitable to remain as accords of truth to posterity, under the pain of £200 of every person failing herein; and where any are not responsible to pay the said sum, to be punished in their persons at our sovereign lord's will. And to the effect that this ordinance may come to the knowledge of all our sovereign lord's lieges, publication is ordained to be made hereof at the market crosses of the head burghs of the shires and other places needful, that none pretend ignorance thereof, and the penalty contained therein to be executed with all rigour against those that possess the said books, the said space of forty days being past after the publication and proclamation of the said act in every shire as said is.
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Forasmuch as for the better trial of the last† most treasonable conspiracy and rebellion attempted against our said sovereign lord, his person and estate by Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Master Thomas Lyon of Baldukie, master of Glamis, and their accomplices, and repressing of their insolence after their taking of his majesty's burgh of Stirling, his highness, by advice of his council and officers of his estate resident with him for the time, directed sundry proclamations, letters, charges and commissions for convening of his subjects in arms for recovering and taking of houses, apprehending of persons guilty and suspect, and sundry other things most necessary for the advancement of his highness's service for the time, until, at God's pleasure, the pretence of his disloyal subjects was disappointed by the execution of justice upon some to the death, according to their just deservings, the remainder escaping and fleeing out of the realm or as yet remaining covered within the same; wherefore, the king's majesty and his three estates assembled in this present parliament, find and declare the proceedings of his majesty, his council, and of officers used and made in the trial, prosecution and punishment of the said late rebellion attempted against his highness and his authority as said is to be duly, worthily and sufficiently done and performed, and that his said council, officers and other good subjects assisting them in the premises have done to his highness good, true and thankful service in that behalf.
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Forasmuch as albeit the most odious and treasonable crimes of the restraint and captivity of the king's majesty's most noble person, committed at Ruthven on 23 August 1582, and prosecuted at diverse other places thereafter, until his highness, by God's providence, relieved himself of that thraldom on 26 June 1583, have been graciously pardoned and forgiven by his highness to the authors and committers thereof, nevertheless, the principals of them conspiring anew in the months of November, December, January, February, March and April last, most treasonably consulted, communicated, devised and concluded upon the surprising and taking of his highness's person, to have him anew in their hands and power, to be used against his own mind and good liking at their will and appetite, and upon the slaughter and destruction of diverse noblemen and others, his highness's councillors and faithful subjects, to the great peril of his person and subversion of his estate and authority; and after sundry secret conspiracies, giving and receiving of letters, messages, and intelligences for advancement of their most wicked and treasonable conspiracy, at last assembled themselves and their accomplices in arms at the burgh of Stirling in April 1584, seized and surprised the same, took and made prisoners of the bailies and magistrates thereof, fortified the steeple, bridge, ports and diverse other places of the said burgh, and fortified and furnished the same with men of war, besieged his highness's castle of Stirling, constraining the few number of persons being therein unprovided to render the same, threatening them with danger of present death, and taking, using and keeping of them as prisoners, stopped and impeded his highness's heralds and other officers of arms directed to have proclaimed and executed his highness's letters at the market cross of Stirling to use the same letters and robbed and took them from the said officers, making seditious proclamations of their own at the said market cross, full of untruths and calumnies, and for taking up of bands of men of war to serve them in their seditious and most treasonable rebellion, and in the end, fleeing out of the realm, left the said castle of Stirling fortified and garnished with men, ammunition and victual against his highness and his authority, manifesting by their actions their enduring, obstinate and malicious continuance in their former most treasonable attempt of the surprise, restraint and keeping captive of his highness's most noble person, condemning and disdaining his grace's pardon and favour shown to them; wherefore our sovereign lord, with advice of his three estates in this present parliament, decrees and declares that all alienations, resignations, demissions and other dispositions whatsoever made or to be made by any person or persons convicted or that hereafter shall happen in any way to be convicted or forfeited for art and part of the treasonable withholding and taking of his majesty's town and burgh of Stirling and castle thereof against his highness and his authority, of whatsoever lands, heritage, offices, rooms, benefices, tacks set or to be set to them or their wives, bairns, brothers, sisters or any other persons whatsoever, by coloured means and titles, in defraud of our sovereign lord's escheat, since the time of the said treasonable surprise, restraint and captivity of his highness's most noble person attempted at Ruthven on 23 August 1582, with all confirmations, infeftments or other gifts made and granted by his highness or any other superiors thereupon, between that day and his majesty's relief aforesaid on 26 June 1583 aforesaid, are and shall be of themselves null, and of no effect, strength, force nor value in time coming, with all that has followed or that shall happen to follow thereupon. Likewise his majesty, with advice of his three estates, decrees and declares all gifts, provisions and dispositions of prelacies, abbacies, priories and nunneries, made and granted by his highness to whatsoever persons, his highness's subjects, upon the resignations or demissions of the present possessor of the same prelacies, abbacies, priories and nunneries, with reservation of their own liferents during the time of his highness's restraint and captivity aforesaid committed on 23 August 1582, until his majesty, at God's pleasure, acquired his own liberty on 26 June 1583, to be likewise null and of no value, strength, force nor effect with all that has followed or may happen to follow thereupon.
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The king's majesty, remembering the many rebellious and treasonable deeds perpetrated against his majesty and their† most noble progenitors, with the greater audacity and contempt, for that they have found the forfeitures led against some persons, authors of the like treasons of before, reduced and taken away in the minorities of his highness and of [Mary], the queen, his dearest mother, upon the pretence of some alleged nullities found in the processes, the principal causes and crimes, for which the said persons were forfeited, not being purged; for remedy of the which abuse, and that all men may rather eschew to incur the fearful spot of treason to themselves, their houses, and posterity in time coming, it is statute and ordained by our sovereign lord and his three estates in this present parliament that no process of forfeiture for treason committed against the king and his estate already standing in force, or that shall happen to be deduced against any persons for crimes of lese-majesty in time coming, shall at any time hereafter be reduced for any pretended cause of nullity that may be alleged to be in the process, until first the cause and crime for the which the forfeiture was led be freely remitted to him by our sovereign lord, or that he be purged effectually and the party tried and found acquitted thereof; but in case it shall please his highness or his successors at any time hereafter to restore any forfeited persons or their posterity, that shall only be granted to them by way of grace, and that no advocates, writers or others, his highness's lieges, presume or take upon hand to travail, solicit or give counsel in contradiction to the order appointed in this present act, without special warrant of his highness and his three estates in parliament, under the pain of being reputed as favourers and partakers with traitors and to underlie the pain and punishment due thereof.
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The king's majesty, considering that slaughters, fire-raising and other odious crimes have been so commonly committed through all the parts of this realm, and a great part of the occasion thereof supposed to be the ready granting of his highness's respites and remissions to the committers thereof, upon inopportune suits made to his majesty; therefore his highness, remembering how grievous such slaughters, fire-raising and other odious crimes are in God's sight and how offensive to the estate of the commonwealth of this realm, following the good and most lovable example of his [most noble]† progenitors in the like case, at the instant request of his three estates assembled in this present parliament, and for the better eschewing of trespasses and enormities, the safety of his lieges and common profit of his realm, of his special grace and favour, has granted and in the word of a king promised to close his hands and cease from granting any respites or remissions for any manner of slaughters, fire-raising and other odious crimes that shall happen to be committed for the space of three years coming after the date hereof, that in the meantime his realm may be put in peace and rule, and his lieges live in surety; and if any remissions be given or granted for old actions, that it shall be expressed and provided in the same that the trespass was committed before this present parliament, and that his highness and [his]†treasurer have seen where the party is compensated, and if the contrary be found, the remission or respite is to be of no value.
[1584/5/19]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of the three estates of this present parliament, having considered how necessary it is to have a reasonable number of gentlemen to attend continually upon his highness's person as his guard, has thought the number of forty persons suitable to be elected and maintained for that effect, able, honest and well horsed and having some reasonable livings of their own, who, being sworn and admitted in his highness's service, shall be unremovable from there during their lifetimes, unless upon worthy and great causes they shall be justly deprived, every one of which 40 persons shall have £200 [yearly]† for their subsistence thankfully paid to them at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, beginning the first term's payment at the feast of Martinmas 1584; and for sure payment of their said wages and subsistence, that they shall [not]† in default thereof be compelled to neglect or leave his highness's service, or his majesty to be frustrated and destitute of the same, his highness, in no way willing to lay the burden of their said subsistence upon his people by any taxation or imposition to be raised upon them, whereof he is most willing to ease and relieve them, but to provide the said subsistence otherwise; therefore, with advice of his said three estates, decrees, declares, statutes and ordains that of all the prelacies and other inferior benefices within this realm (lawful patronages excepted) now vacated or that hereafter shall happen to become vacant, his majesty and his successors shall have the first year's fruits after the decease, forfeiture or deprivation of the last possessor, according as the said benefice shall be valued in his highness's exchequer by the auditors thereof, to whom, or any five of them, his highness gives and grants full power, commission and authority to make and set the stent and value of all the benefices, small and great, within this realm in money, according to the which the said first year's fruits shall be paid, and that the whole year after the vacancy be expired or then the first year's fruits instantly paid before any gift, provision or presentation of the benefice be granted; and also decrees, declares, statutes and ordains that of every benefice valued to £1,000 in the year now vacant, or that shall happen to become vacant hereafter, his majesty and his successors shall have freely paid to them yearly £200, beside the ordinary third, at the terms of Whitsunday and Martinmas, by equal portions, and so proportionally of every benefice, as well above as beneath the value of £1,000; and before any person nominated to whatsoever benefice hereafter shall have his presentation expedited and passed the register or seals, he shall find good surety for payment, both of the first year's fruits and of the sum due to be paid by him yearly to his highness and his treasurer in his majesty's name, to his use and effect specified; and during the whole space of the vacancy of the said benefices, the said treasurer to intromit with and take up the whole rents, fruits profits and duties thereof. But because the said first year's fruits of the benefices presently vacated and sums appointed to be paid out of the same yearly will not serve nor extend presently to the payment of the wages of his highness's guard, his majesty and estates, considering the next best help and provision and understanding that the convents of the abbeys, priories and nunneries which of old were ordained and accustomed to be sustained upon the rents and fruits thereof, are for the most part, departed this life, since the year of God 1560, none or few other presented by his majesty being entered in their places, but their portions by their deaths accrediting to the priories, abbots, commendators or possessors of the said abbeys, priories and nunneries by no law nor constitution yet established by his highness and his said estates, it is therefore found, declared, statute and ordained by his highness and his said three estates that, as the presentations, gifts and dispositions of his said prelacies pertain to his highness by the right and privilege of his crown, so has he good right and interest to crave, receive, intromit and take up all the portions of the persons of the convents of the said abbeys, priories and nunneries that have deceased since the said year of God 1560, or that shall happen to decease hereafter, until the same abbeys, priories and nunneries shall become vacant and come [fully]† in his highness's hands and disposition by decease, forfeiture or lawful deprivation of the present possessors thereof; and that his majesty, and his treasurer in his name, has, and shall have, good action by law to crave, receive, intromit and take up the portions of the persons of the said convents already deceased as said is, of the crop and year of God 1583 last and in time coming, until the said benefices shall happen to become vacant, just as the said persons might have done themselves during life; and that the lords of council and session or exchequer direct such letters at the instance of the said lord treasurer for answering and obeying to him of the portions of the said persons deceased as is granted for payment of the surplus of the thirds of benefices.
[1584/5/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the act and statute underwritten, and decrees the same to have strength, force and effect of an act of parliament, of which the tenor follows:
At Edinburgh, 29 May 1583, the which day, in presence of the king's majesty sitting in judgement and lords of his highness's council and session, compeared Master David MacGill of Nisbet [and Cranstoun-Riddel], advocate to his majesty, and in name of his highness's most faithful, humble and obedient subjects, stated and declared how in the parliament held at Edinburgh on 20 June 1555, by his majesty's late dearest grandmother, Mary [of Guise], queen dowager and regent of this realm for the time, an ordinance and act of parliament was made concerning the slaughter of parties in pursuit and defence of their actions, which act, albeit in itself most profitable and necessary to have been a perpetual law in all time coming, for repressing of proud and undaunted braggers, boasters and oppressors of their parties, yet was the same only temporal for the space of three years after the making thereof, which act the said advocate, in name and for the causes aforesaid, desired to be renewed and established in a perpetual law in all time coming, with the augmentations following; upon which desire our sovereign lord, willing to follow the good example and intention of his predecessors for the reverence and increase of justice and assurance of parties in pursuit and defence of their actions and executions of the same, has, with advice of the said lords of his council and session, ordained, decreed and declared that from this day forth, in all times coming, if it shall happen either the defender or pursuer to slay or wound to the effusion of blood, or otherwise to invade one of them another in any sort, whereupon they may be criminally accused after the raising of summons or precepts and lawful execution thereof, or in any time before the complete execution of the decreet to be given thereupon, the committer of the slaughter, blood or invasion aforesaid, or being art, part, adviser or counsel thereof, if it be the defender, shall be condemned at the instance of the pursuer, or, in case of his decease, of the nearest of the kin of him that is slain, wounded to the effusion of his blood or invaded, having right thereto, without any probation of the libel pursued, excepting summary cognition to be taken of the slaughter, bloodshed or invasion before the justice or other criminal judge competent thereto, by conviction or being fugitive and put to the horn; and if the decreet be given, the same is to be unreducible for ever; and if the pursuer slay, wound to the effusion of blood or invade the defender as it is above-written, or by art, part, advice or counsel thereof, cognition being taken as said is, in that case the defender, or in case of his decease the nearest of his kin able to succeed in that right, shall have absolution from the libel of the pursuer simply, against which the pursuer nor any other by his right shall ever be heard by way of reduction or restitution entirely in any time thereafter, regardless of the age, condition or quality that the slayer, drawer of the blood or invader aforesaid be of, the process of transferring in the causes above-written respectively to be on fifteen days' warning, without diet, table or continuation of other summons; and if the slayer, shedder of blood or invader as said is has lands and liferents and be denounced rebel and put to the horn for not finding of surety or non-compearance to underlie the law for the said slaughter, bloodshed or invasion, in that case the slayer, shedder of blood or invader immediately after the denunciation shall lose the liferent of his lands, benefice, office and other rents and commodities whatsoever for his lifetime, without any further delay of a year and a day as in other causes of loss of liferents through being a year and a day at the horn. Moreover, our sovereign lord, by the faith and duty of a Christian prince, promises to give no respite nor remission to the offenders in such causes; and if his majesty or his successors do in the contrary (as is not believed), the using of the said respite or remission by any of the said parties, pursuer or defender, shall be the like cause and of the same effect as their conviction for the cause above-specified; and this act and ordinance to endure for the space of seven years immediately thereafter, and to be confirmed in his highness's next parliament, to have the strength and effect of an act thereof and to be observed as a perpetual law in time coming.
[1584/5/21]*[print] [email] [cite] [preceding] [following]
Our sovereign [lord],† with advice and consent of his highness's three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the act and statute underwritten, and decrees and declares the same to have strength, force and effect of an act of parliament, of which the tenor follows:
At Edinburgh, on 23 March 1582 [1583], which day, in presence of the king's majesty sitting in judgement and lords of his highness's council and session, compeared Master David MacGill of Nisbet [and Cranstoun-Riddel], and in his own name, as advocate to his highness, and in name of his majesty's most faithful, humble and obedient subjects of his realm, stated and declared how it was heavily meant by his majesty's said subjects that after the tedious, chargeable and long pursuit in obtaining of their decreets, the malice of persons had daily so increased by making of simulated and false assignations of their moveable goods, fraudulent and private alienations of their possessions, lands and heritage that the execution of the decreets given by whatsoever judges within this, his highness's realm, although obtained by most long process, were altogether frustrated, at least so delayed that parties were in no better case after the obtaining of their said decreets, than if the same had not been given, the said manifest frauds and daily invented collusions being the stay of justice, whereof the principal part stands in execution; for remedy of the same, consideration being taken by his majesty, with advice of the lords of his highness's council and session, to whom by his majesty's most noble progenitor, King James V of good memory, founder of the college of justice, with consent of parliament, the concluding upon rules, statutes and ordinances for expedition of justice was committed, therefore, his highness, with advice and consent aforesaid, has statute and ordained that for execution of all decreets, both given by the said lords in any time bygone as to be given in time coming, and likewise of decreets given or to be given by whatsoever judges within this his majesty's realm whereunto the authority of the said lords of session has been or shall happen to be interposed, that letters both of horning and poinding, the one not prejudicial to the other, shall be directed at the will and pleasure of the party obtainer of the decreet, whether the same be given upon liquidated sums, or that the execution thereof otherwise consist in facto, and that no suspension be granted upon the execution of the said decreets without real offer being first made to the party in whose favour the executions of the said decreets is directed, and the party's refusal sufficiently verified to the said lords, consignation always being made as use is; and that according to their late statute and ordinance, which his majesty, with all other their statutes and ordinances made for expedition and execution of justice, ratified and approved, providing always that consideration be had upon the space and days of the charges, and that according to the distance of the defenders' dwelling places and the quantity of the sums contained in the said decreets.
[1584/5/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates convened in this present parliament, ratifies, approves and, for his highness and his successors, confirms his highness's nomination and constitution of his right trusty cousin and councillor James [Stewart], earl of Arran, lord Aven and Hamilton, to use and exercise the office of chancellor of this realm, as well in parliaments, privy council as session, during the absence and non-residence of Colin [Campbell], earl of Argyll, lord Campbell and Lorne, his highness's chancellor, and likewise ratifies, approves and confirms the gift and commission given and granted by his majesty to his right trusty cousin and councillor John [Graham], earl of Montrose, lord Graham, of the office of treasurer of this realm, and to Sir Robert Melville of Murdocairnie, knight, of the office of depute and clerkship in the said office of treasurer, and of the gift and commission of the office of secretary made by his majesty to his trusty and well beloved councillor Sir John Maitland of Thirlestane, knight, and wills and ordains them to use and exercise the said offices, every one in his own place, faithfully and diligently, enduring their lifetimes, according to the gifts made to them, as they will answer to God and his majesty thereupon; and decrees and declares that they shall not be removable from their said offices in time coming, except for just and worthy causes tried by his highness and his estates in parliament.
[1584/5/23]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates assembled in this present parliament ratify and approve and, for his highness and his successors, perpetually confirm the act made by King James II of worthy memory, entitled 'That no man come to courts except in sober manner', as also the other act made in the rule of his dearest grandmother Mary [of Guise], queen dowager and regent of this realm, concerning the coming to the bar in† pursuit and defence in criminal causes, and ordain the said acts to be inviolably kept and to be put to execution in time coming, with this addition: that none of his highness's subjects repair to courts, and in special to his highness's justice court, or other justices whatsoever, for criminal causes, except by such number and company as the said acts provide, under pain of incurring of the crime of convocation of our sovereign lord's lieges, to be executed as well upon the persons who shall happen to make the said convocation or who shall be convened, with all rigour; and further, for reformation of the troubles and tumults which have fallen out and continually grow by the assembling of our sovereign lord's lieges, to fortify and assist the pursuit and defence of criminal causes moved before our sovereign lord's justice, whereupon great inconveniences have followed, to the contempt of justice, hindering of the course of the common law and punishment of offences, it is statute and ordained in all time coming, when any letters shall happen to be directed for any crime or offence to a particular diet, that the party, raisers and purchasers thereof, at the finding of their caution, report the letters duly executed and endorsed at the day appointed, shall also find caution to the justice clerk and his deputes acted in the books of adjournal, that they shall not enter in the tolbooth or place where the said justice court shall be held, except accompanied with the number of persons specified in the former act of parliament made thereupon, accounting therein their prolocutors, who only shall remain with them until their departing out of the place of justice, under the like pain which they would and should have incurred in case the said letters had not been reported duly at the day duly executed and endorsed; and likewise that the said letters to be raised to particular diets for causes criminal bear this clause, commanding the officer to charge the persons dilated and complained upon to find such surety to the said officer, executor, within six days next after they be charged that they shall compear the day and place contained in the said letters, accompanied in sober manner with their domestic and household servants, and that in the town of the resort of the said justice they shall behave themselves in quiet manner, only accompanied as said is, and enter in the tolbooth or place where justice shall be held accompanied only with the† persons specified in the former act of parliament, accounting therein their prolocutors, who shall only remain with them in the said tolbooth or place where justice shall be held until the court be ended, which surety shall be taken under this condition: that if the party, defender, otherwise compear or present himself in the place of justice and be found with any greater number than is before specified, their sureties shall be confiscated as if they had not compeared, and the parties, defenders, who have found the said surety shall be judged fugitive from the law and put to the horn, and their escheats brought in by reason of the excess of the said number in the same manner as if they had not compeared; and likewise whatsoever persons shall be found in the said tolbooth or place where justice shall be held, the justice and his deputes for the time shall make record in the books of adjournal of their presence in company with any of the parties more than the said number appointed, and immediately thereafter shall direct his precept to denounce the said persons rebels and put them to the horn and ordain their moveable goods to be escheat and brought in to our sovereign lord's use for their contempt; and also it is statute and ordained that in all the premises the denunciations are to be made at the market cross of the head burgh of the shire where the said justice court shall be held only, and the process of horning registered in the books of adjournal shall be as sufficient as if the said denunciation were made at the market cross of the head burgh and as if the said process of horning were registered in the sheriff books of the shire where the persons denounced dwell, notwithstanding the act made of before concerning the registration of horning in the parliament held at Edinburgh on 24 October 1579.
[1584/5/24]*[print] [email] [cite] [preceding] [following]
The king's majesty and his three estates of parliament, upon great and weighty considerations moving them tending to the repressing of treasonable attempts and punishment of the committers of treason, and upon consideration how rigorously the same have been punished, as clearly appears by diverse acts and constitutions made in his own time and in the days of his highness's most noble predecessors, especially in the days of King James II of most noble memory, not only by loss of life, lands, goods, honour and dignity in the persons of the committers thereof, but also of the posterity begotten of them, that their bairns, either natural or lawful, should in no way be able to claim any lands, rooms nor possessions within this realm, nor be in any way able to succeed to any person in their lands or heritage, as in the act made in the time of the said King James II in his parliament held and begun at Edinburgh on 9 June 1455 and of his reign the 19th year, and in the act made by our sovereign lord and his three estates in the parliament begun at Edinburgh on 20 October 1579, ratified and approved in his last parliament held and begun at Edinburgh on 24 October 1581, with certain additions specified therein at more length is contained; which acts and constitutions his majesty, with advice of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves in all clauses, points and articles of the same concerning the persons standing under the sentences of forfeiture specified in the said acts† to have full execution and force against the bairns whatsoever, natural or lawful, engendered and begotten of William, sometime earl of Gowrie, who was lately convicted for certain crimes of treason and lese-majesty committed by him, as in the said process and doom of forfeiture, ratified and approved in this present parliament, at more length is contained, that they nor none of them shall be able in any time coming to possess, enjoy or claim any lands, heritage, benefices, rooms and possessions, honours, dignities or offices within this realm, howsoever and whensoever the same was conquest and provided to them before the date hereof, and that they are and shall be unlawful† to succeed to any other in any lands, heritage or possessions in whatsoever manner of way, and that all and sundry lands, heritage, benefices, rooms and possessions whatsoever to which the bairns of the said posterity presently have or may pretend right, or to which they or any of them may succeed hereafter, appertains and shall appertain to our said sovereign lord† by full right, and that his highness may freely convey thereupon in the same manner and by all things as if the said late William, sometime earl of Gowrie, the time he was convicted of the said crimes of treason, had himself been in title thereof, and that the benefices, if any be possessed by the bairns of the said posterity, are presently vacated in his highness's hands by their inability, and that his highness has full right and power to convey thereupon by the same manner and condition in all respects as if the persons of the said posterity, present possessors thereof, were naturally dead.
[1584/5/25]*[print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice of the three estates of this present parliament, ratifies and approves all and sundry [acts and]†statutes made by his highness and his predecessors concerning the measure of salmon, herring and white fish, gauging, burning and measuring thereof, and to the effect the said acts may be the better kept, and for eschewing of defraud of the said measures and of false and unjust packing of salmon, herring and white fish, which is much used by unfree men, fishers and other slayers of the said fish, to the great hurt of unfree men,† burgesses and merchants and the whole commonwealth of this realm, therefore it is statute and ordained that there be a just measure and standard for the salmon made by the burghs, according to the old acts of parliament, and the same to remain at the burgh of Aberdeen, and likewise that there be a just standard and measure for herring and white fish, which shall be branded and remain in the keeping of the provost and bailies of Edinburgh, and that all salmon barrels, herring barrels and white fish barrels universally through the realm shall be of the measure and gauge aforesaid, and that each burgh shall receive a pattern of the gauge and measure aforesaid and shall cause their coopers within their bounds to make their barrels according to the said measure, and the same to be branded by the town iron and coopers' iron on both the ends and upon the stop beside the bung; and in case any salmon, herring or white fish be packed in other barrels than of the just gauge aforesaid, branded and marked as said is, the same shall be escheated to our sovereign lord; and ordains the principal staple of salmon from Dee north to be at the burghs of Aberdeen and Elgin, and the principal staple of herring and white fish slain by the inhabitants within the water of Forth to be in Leith, within the privilege and freedom of the burgh of Edinburgh, and within the port and harbour of Crail, and the staple of salmon, herring and white fish slain north of Fife Ness to the water of Dee to be at Dundee or Perth, and that the said provost and bailies of Edinburgh, Aberdeen, Crail, Elgin, Perth and Dundee shall appoint a discreet man to be visitor, wraker,† gauger and brander of the said barrels, and appoint to him a reasonable duty for† each last thereof for his labours, that all unfree men, fishers and slayers of herring and white fish dwelling within†the water of Forth on both the sides to the water mouth of Tay bring their herring and white fish to be slain by them in time coming to the ports of Leith or Crail, and at the west side to Ayr and Dumbarton, dividing the bounds between there and the Cloch Stone, there to be gauged, marked and sold to the free burgesses of this realm, and that no fishers or other unfree men sell their said herring or white fish to any strangers or unfree men, or carry the same out of this realm to any other countries to be sold by themselves, under the pain of escheating of all their moveable goods, the one half to our sovereign lord's use and the other half to the burghs who shall convict them by virtue of their commissions.
[1584/5/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates of parliament statute and ordain that Patrick, archbishop of St Andrews, and others, the bishops within this realm using and exercising the function and authority of bishops, with such others as shall be constituted the king's majesty's commissioners in ecclesiastical causes, shall and may direct and put order to all matters and causes ecclesiastical within their diocese, visit the kirks and state of the ministry within the same, reform the colleges therein, receive his highness's presentations to benefices, and give collations thereupon as they shall find the persons presented qualified and worthy, and make report of such as they find insufficient in due time; and that no presentations to benefices be directed in time coming to any other, and that commissions be extended particularly hereupon in such manner as his highness and his privy council shall think expedient, under his majesty's great seal, until his highness's next parliament, and [further]† until the same be specially discharged to endure.
[1584/5/27]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the parliament held at Edinburgh on 20 October 1579 there was a statute made for punishment of rebels contemptuously remaining at the horn, in the which it was ordained that all hornings executed before the date of the said acts, within 15 days after the publication thereof, and all hornings to be executed thereafter within 15 days after the denunciation, should be duly registered in the sheriff clerks' books of the sheriffdom where the said denunciation is made, marked and signed by the said sheriff clerk and delivered again to the party, with express provision contained in the said acts that hornings not registered after the form and tenor thereof should make no faith nor be of any force nor effect, as the said act at more length purports; by the generality whereof, sundry doubts arising, it was proposed to our sovereign lord and desired to be declared by his three estates in parliament if the provision of nullity of horning therein contained for non-registration thereof, according to the form prescribed in the said first act, should have place in hornings executed at the instance of a person deceased long before the making of the said act, where the person denounced was also departed this life before the making of the same act, the purchasers of the letters of horning being donator to the escheat and the gift of the said escheat having taken full effect in the donator's person long before, and through that the donator and purchaser of the letters being satisfied of his debt and the rebel punished and departed this life before the said statute, which could in no way be extended to the persons which were deceased before the making thereof and which were punished for their said rebellion; the king's majesty, with advice of his said three estates of parliament, being ripely advised therewith, has declared and declares that the said act of parliament is not and shall not be hereafter extended to such hornings as were executed at the instance of any person departed this life before the date thereof against the rebel who deceased before the date of the said act, and especially where the escheat falling by the said horning was conveyed and the donator had intromitted with the goods, tacks and possessions contained within the gift; but that the said horning in the cause aforesaid, albeit the same be not registered, has been and shall be in all time coming of full force and effect. Likewise also our said sovereign lord and said three estates aforesaid declare that all letters of horning duly executed and endorsed for non-compearance to underlie the law, or for not finding of surety for†that effect reported to the justice clerk and his deputes as said† is, has been and shall be as sufficient as if the same were registered in the sheriffs' books where the said rebels were denounced, and that it shall be sufficient that the hornings within stewartries and regalities be registered within the books thereof, and that the hornings executed upon persons for their non-compearance to bear witness shall need no registration.
[1584/5/28]*[print] [email] [cite] [preceding] [following]
Forasmuch as in our sovereign lord's last parliament held and begun at Edinburgh on 24 October 1581, there was a special act made concerning provision of ministers and certain stipends appointed for them at all parish kirks and appointing of commissioners for ordering thereof, which act as yet has taken little execution by occasion of the troubles intervening since the making thereof, and now his majesty and three estates, finding by good proof and experience the hurt and inconvenience which both his highness and the most part of the ministry sustain thereby, they being yearly withdrawn from their kirks to attend a large space upon the getting of the assignations of their livings and stipends modified to them, and his highness being frustrated of the surplus of the thirds of benefices due to him for the supply of the necessary affairs of his estate; therefore, and for eschewing of the said abuse and inconvenience in time coming, our sovereign lord, with advice of his three estates in this present parliament, grants and gives full power and commission to the lords auditors of his highness's exchequer to convene how soon conveniently they may after the end of this present parliament, and to consider, appoint and order the estate of the kirks and stipends of ministers within this realm and to set and appoint certain indifferent and common prices as near as may be to the fiars of the countries, as well upon all victual to be assigned to the said ministers in their livings and stipends as upon that which shall fall and appertain properly to his highness as surplus, through which the great inequality now standing in the form of the modification of stipends through the diversity of prices may be avoided, and that the said surplus being certain, his highness may know his apparent commodity thereof in time coming; and that the said auditors of his highness's exchequer at their good discretion choose, consider, appoint and order the estates of the said kirks and stipends, and set and appoint the said prices of victual as the same shall stand of the only year and crop 1584, or for the same years and other years to come until further order be taken by his highness, with advice of his estates in parliament.
[1584/5/29]*[print] [email] [cite] [preceding] [following]
In presence of the king's majesty and three estates convened in this present parliament Master David MacGill [of Nisbet and Cranstoun-Riddel], advocate to our sovereign lord, for his highness, at his special command, showed and declared how there are certain dooms of forfeiture given against certain persons for crimes of lese-majesty, especially against the late James, sometime earl of Morton, and William, sometime earl of Gowrie, and because the memory of traitors should remain to the shame and slander of those that are come of them, and to be terror to others to commit the like crimes in time coming, and because the books of adjournal may be lost and by frequent handling be worn away and otherwise the said dooms of forfeiture be destroyed, desiring therefore that it would please his majesty and the said three estates to command the said dooms of forfeiture to be drawn out of the books of adjournal and authentically copied and the king's majesty's great seal to be hung to the same, and likewise that the said three estates should append their seals thereto, for the fortification, approbation and confirmation thereof; the which desire the said three estates thought very reasonable and by judgement of parliament thought the same to be done and granted to append their seals to the authentic extract of all forfeitures both given in parliament and justice courts. Then immediately Sir Lewis Bellenden of Auchnoull, knight, justice clerk to our sovereign lord, produced the authentic extracts of the dooms of forfeiture given against the said late James, sometime earl of Morton, and William, sometime earl of Gowrie, to the effect that the same may be put and registered in the books of parliament, to be extracted under our sovereign lord's great seal and the seals of the three estates as said is. And moreover our sovereign lord, with advice and consent of the said three estates, gave command to Alexander Hay of Easter Kennet, clerk of his highness's register, to give out the authentic copy of the said dooms of forfeiture to pass as said is, under his highness's great seal and under the said three estates, of the which decreets of forfeiture given in our sovereign lord's justice courts presented it as said is, and subscribed by the said Sir Lewis Bellenden, clerk of justiciary, and William Stewart, younger, clerk, by commission for the time respectively, the tenor follows.
Justiciary court of our supreme lord the king held and begun in the tolbooth of Edinburgh on 1 June 1581 by the honourable and discrete men James Stirling of Keir, knight, and Mr John Graham, commissioners in that part by commission of the king and the lords of his privy council, specially constituted to the effect underwritten, the suits called and the court lawfully fenced, James, earl of Morton, lord of Dalkeith, etc., accused, charged of art, part, presence, concealing and not revealing the treasonous murder of the late noble and beloved Henry [Stewart, lord Darnley], king of Scots, father of our supreme lord King James VI, chosen in the name of assize, sworn and admitted concerning the aforesaid James, earl of Morton, namely by Colin [Campbell], earl of Argyll, John [Graham], earl of Montrose, Andrew [Leslie], earl of Rothes, James [Cunningham], earl of Glencairn, Hugh [Montgomery], earl of Eglinton, Alexander [Gordon], earl of Sutherland, John [Maxwell], lord Maxwell, George [Seton], lord Seton, James [Ogilvy], lord Ogilvy, James [Stewart], lord Innermeath, Hugh [Somerville], lord Somerville, Alexander [Livingston], master of Livingston, John Gordon of Lochinvar, knight, Patrick Hepburn of Waughton, Patrick Learmonth of Dairsie, knight, William Livingstone of Kilsyth, knight.
The which day the said James, earl of Morton, being indicted and accused that in the months of January and February 1566 [1567], he, accompanied with the late James [Hepburn], sometime earl of Bothwell, James Ormiston, sometime of that Ilk, Robert, alias Hop Ormiston, his father's brother, John Hay, sometime of Tallo, younger, John Hepburn, called John of Bowden and diverse others, his accomplices, craftily and secretly conspired amongst themselves, treated, devised and maliciously concluded the most shameful, detestable and unnatural murder and patricide of our sovereign lord's late dearest father, Henry [Stewart, lord Darnley], king of Scots, lawful spouse for the time to his highness's dearest mother, Mary, then queen of Scotland, and that within the burgh of Edinburgh, palace of Holyroodhouse and other places thereabouts; and to the end he might bring his wicked, filthy and execrable attempt better to pass, he, with the remaining persons forenamed by themselves, their servants, accomplices and others in their names of their causing, command, hounding, sending, partaking, assistance and approval on 10 February 1566 [1567] at 2 o'clock after midnight or thereby, coming to the lodging beside the Kirk o' Field within the said burgh of Edinburgh, where our said sovereign lord's dearest father was lodged for the time, and there, by way of hamesucken,† brigancy and forethought felony, most violently, unmercifully and treasonably slew and murdered him, with William Tailor and Andrew MacAige, his cubiculars, when as they buried in sleep were taking the night's rest, burned his whole lodging aforesaid, and raised the same in the air by force of gun powder, which a little before was placed and put in by him and his aforesaids under the ground and angular stones and within the lower vaults and concealed parts and places thereof to that effect and right, so he, with the remaining persons forenamed, associates of his mischief, by themselves, their servants, accomplices and others in their names, of their causing, commanding, hounding, sending and art, partaking, assistance and approval, at the times aforesaid respectively, gave their favour, counsel and help to the preparation of the said horrible crimes, and since has simulated, hid, concealed the same in most treasonable and secret manner, and through that had incurred the pains of lese-majesty and should have been punished for that with all rigour by loss [of]† lands and goods and by extinction of fame, titles, honour and memory, according to the laws of this realm, likewise the remaining persons forenamed, his accomplices and conspirators with him in this, his treasonable impieties, were already tried and forfeited for the same self, heinous and detestable crimes, and for the most part as they could be apprehended had suffered most shameful death for that, according to their deserving, as at more length is contained in the dittay given in concerning the premises, with the tokens and probations produced and used therewith. Which being read to the said James, earl of Morton, and he answering thereto, denied the same, by reason whereof the said justice deputes referred the same to the knowledge of the inquest and assize above-written, who were sworn, received and admitted in presence of the said earl, and they being forth of court removed and ripely advised with the said dittay, tokens infallible and most evident, with the probations produced and used for verifying thereof, and thereafter entering again in court, they all in one voice by the pronouncing of the mouth of John [Graham], earl of Montrose, chancellor, chosen by the said assize, found the said James, earl of Morton of art, part, foreknowledge and concealing of the treasonable and unnatural murder aforesaid. After the which conviction, the said justice deputes, by pronunciation of Andrew Lindsay, dempster of the said court, judged and for doom gave that the said James, earl of Morton should be had to a gibbet beside the market cross of the said burgh of Edinburgh and there hanged until he were dead, and thereafter drawn, quartered and demeaned as a traitor, and that all his lands, heritage, offices and possessions, tacks, steadings, corns, cattle, actions, debts, obligations, goods moveable and unmoveable, and others whatsoever which pertained to him, should and ought [to] appertain to our sovereign lord and to be applied to his use by reason of escheat of forfeiture, to be taken up, used and conveyed by his highness at his pleasure; upon the which premises Master Robert Crichton of Eliock, advocate to our sovereign lord, asked instruments and acts of court. Extracted from the acts of the justiciary court by me, William Stewart, younger, notary public and clerk of the said court by the said commission of our said supreme lord the king, specially chosen and sworn, under my sign and subscription manual. Thus William Stewart, younger, is notary public and scribe of the said court. Justiciary court of our supreme lord the king held in the house of the lady of Mar in the burgh of Stirling on 4 May 1584 by the discrete man Mr John Graham of Hallyards, justiciar in that part by virtue of the commission of our supreme lord the king, specially constituted, the suits called and the court lawfully fenced.
†The which day, William, earl of Gowrie, lord Ruthven, being presented and entered upon panel in presence of the said justice and put to the knowledge of a condign assize of the right honourable persons following, to wit, Colin [Campbell], earl of Argyll, David [Lindsay], earl of Crawford, John [Graham], earl of Montrose, James [Cunningham], earl of Glencairn, Hugh [Montgomery], earl of Eglinton, James [Stewart], earl of Arran, George [Keith], earl Marischal, Alexander [Abernethy], lord Saltoun, Hugh [Somerville], lord Somerville, James [Stewart], lord Doune, William [Livingston], lord Livingston, Patrick [Drummond], lord Drummond, James [Ogilvy], lord Ogilvy, Alexander [Elphinstone], master of Elphinstone and Sir John Murray of Tullibardine, knight, as dilated and accused of the treasonable crimes following, was, by their deliverance pronounced by the mouth and deliverance of George, earl Marischal, chancellor of the said assize, found and declared culpable and convicted that forasmuch as in the beginning of February 1584 [1585] was Master David Home, servant to [Archibald Douglas], earl of Angus, and Master James Erskine, servant to [John Erskine], earl of Mar, come to him privately under silence of night within the town of Perth and declared to him how they were directed by the said two earls to certify to him that they were both of one mind in following out and executing of their treasonable devise in taking of the king's burghs of Stirling and Perth, at least the one or the other of them, at the which time he agreed with them in manner of the said earls to run their course in taking and fortifying of the towns aforesaid, at the least one or other of them; where after the said Master James Reid [went] back again to the said Earl of Angus and assured him that he had agreed to their most treasonable enterprise, and through that he has committed most manifest treason, not only in concealing of a treasonable purpose of so great consequence, but also much more in consenting and agreeing. Item, filed and convicted that forasmuch as he understanding that Master James Erskine, servant to the Earl of Mar, was travelling through the country in Strathearn, Stirlingshire and Angus, treating and consulting with the partakers and assisters, with the said John, earl of Mar, Archibald, earl of Angus, Thomas Lyon, master of Glamis and John Carmichael of that Ilk, younger, upon their treasonable enterprise in taking of the king's majesty's free burgh and castle of Stirling and diverse other treasonable purposes, he laid the way for the said Master James and caused his servants to wait for him that the said Master James might be convoyed to him, and after his coming to him the said earl entered in conference with him towards the treasonable enterprise attempted by the persons above-written towards the said treasonable surprising and taking of the said [...] and castle, which treasonable enterprise they brought to effect and treasonably took [...] said town and castle of Stirling, fortified and furnished the said castle with men and [...] through which he assisted them in their treasonable deed aforesaid and was foreknown of the same, and was art, part, advice and counsel thereof, at least treasonably concealed the same from his majesty, contrary to his duty and due obedience. Item, of the disobedience made by him in not rendering of William Drummond's house in Dundee to [William Stewart], lord Pittenweem, one of our sovereign lord's privy council and captain of his highness's guard, after the intimation of our sovereign lord's commission to him, made by the said lord commissioner, but keeping the same by the space of three hours or thereby thereafter. Item, of committing of a most high treason in concealing of a purpose of weighty importance, through which the life and estate not only of our sovereign lord but also of [Mary], his dearest mother, be imperilled, which had fallen out if he had not stayed and impeded it; and so not only most unnaturally and treasonably committing most high treason in concealing of a purpose of so weighty importance, but also persisting in the said treason by continuance of his silence and not declaring of the said purpose, tending to the peril of his majesty's life and estate, and, therefore, the sentence and doom of forfeiture was pronounced against the said earl by the mouth of Robert Scott in Stirling, dempster of the said court, that the said earl should be taken to the scaffold beside the market cross of Stirling and there his head struck from his body and demeaned as a traitor, and that he has forfeited and lost all his lands, heritage, possessions, tacks, steadings, offices, liferents, actions, debts and other goods, moveable and unmoveable, to be applied, taken up and conveyed by our sovereign lord at his pleasure and to remain with him and his successors for ever by reason of escheat and forfeiture, as the process made thereupon bears. Extracted from the books of the acts of adjournal of our supreme lord the king as sentence of forfeiture of the said earl, by me, Lewis Bellenden of Auchnoull, knight, general clerk of justiciary of the same, under my sign and subscription manual, Lewis Bellenden, clerk of justiciary.
[1584/5/30]*[print] [email] [cite] [preceding] [following]
Forasmuch as by act of parliament it is provided that if any person or persons be slandered or suspected of treason, they shall be taken and remain in firmness and their goods under sure pledges until the time they have endured an assize whether they be innocent or foul; and true it is and of verity that Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Master Thomas Lyon of Baldukie, master of Glamis, with their accomplices, who lately took and detained his highness's burgh and castle of Stirling, raising open war against his highness and his authority, are since partly fled and remain out of this realm and partly remain hid and covered within the same, not apprehended as yet; which having committed so great and high treasons as to be pursued and punished for that according to the laws, but because of the present difficulty to apprehend their persons and that it is requisite that such as are out of the realm should be summoned on 60 days' and such as are within upon 40 days' warning to his highness's parliament to hear and see them decreed to have incurred the crime of treason and lese-majesty, and therefore their goods, moveable and unmoveable, as well lands, benefices and offices as other things belonging to them, to be confiscated to our sovereign lord and their persons to underlie the pains of treason and last punishment appointed by the laws of this realm; and they and their friends and favourers in the meantime sell, alienate, convey, cancel and put away their goods, gear and debts, and give acquittals and discharges to their debtors in manifest defraud of our sovereign lord concerning their escheats, so that little or nothing thereof shall be left to come to his highness's use and behalf if the intromission of the same be left until they be convicted or put to the horn for the said treasonable crimes; therefore our said sovereign lord, with advice of his three estates, has statute and ordained that all the goods, gear and debts, mails, ferms, rents, profits and duties of lands and benefices pertaining to the said persons, rebels and conspirators and their accomplices dilated and suspected as culpable of the said treasonable attempts, as well being outwith as within the realm, with the mails, ferms, profits and duties of their lands, livings, benefices, rents and possessions whatsoever of the term of Whitsunday [May/June] coming and likewise in time coming, until further order be taken, and the rests of all years and terms preceding, shall be arrested, taken up and intromitted with by [John Graham, earl of Montrose], his highness's treasurer, his deputes and officers to be directed to that effect having his power and commission, and that the same shall remain sequestrated in the hands of the said lord treasurer until the said persons culpable and suspected shall be tried innocent or foul of the said treasonable crimes; with power also to the said lord treasurer, by himself and his said deputes and officers, to cause sell and make penny of such of the escheated goods as cannot be kept without hurt or loss, and to cause charge, call and pursue, poind and distrenzie for the said debts and mails, ferms, profits and duties of the lands, livings, benefices, rents and possessions aforesaid of the said term of Whitsunday coming and rests of the years and terms preceding, that he may be readily answered, obeyed and paid thereof, to remain sequestrated in his hands as said is until after the said trial, that in case the said persons shall be innocent of the said crimes their own goods and gear or the value thereof may be rendered and delivered again to them, or otherwise if they be convicted as foul, that the said escheated goods intromitted with may be applied to our sovereign lord's use and made account of in his exchequer, providing that no goods, debts nor rents shall be intromitted with by the said treasurer, his deputes or officers belonging to any persons that being charged, enters and compears personally, until first they be convicted and process orderly led against them.
[1584/5/31]*[print] [email] [cite] [preceding] [following]
The king's majesty and his three estates assembled in this present parliament, considering the daily increase of the charges and expense of his highness's house and the diminution of the rents of his majesty's property, whereupon his said house ought to be maintained, have therefore thought convenient, statute and ordained that the lands, lordships, baronies and other rents already fallen, or how soon the same shall happen to fall and come in his highness's hands by virtue of the escheat through the process and dooms of forfeiture orderly led and deduced against the persons found, or that hereafter shall happen to be found, culpable of the late most treasonable rebellion and conspiracy attempted and enterprised against his highness's person and estate, shall be annexed to his majesty's crown, and presently, now as then and then as now, annexes the same thereto, following the good example of his predecessors for the honourable support of his estate; and the said lands, lordships, baronies and other rents hereafter specified to remain perpetually with the crown may neither be given away in fee, freehold, in pension or any other disposition to any person of what estate or degree that ever they be of, without advice, decreet or deliverance of the whole parliament and, for great reasonable cause concerning the welfare of the realm, first to be advised and digestly considered by the whole estates, and that always such infeftments as shall happen to be made or granted by his highness of any of the said lands and lordships shall be only in feu ferm, for payment of such yearly feu ferm as his highness and his council shall think reasonable, with the whole kanes, customs and small duties ought and wont to be paid by the present tenants and occupiers to the proprietors thereof, for the better furnishing and sustenance of his house; and albeit it shall happen our sovereign lord that now is, or any of his successors, kings of Scotland, to alienate or convey the said lordships, lands, castles, towns, donations and advocation of kirks and hospitals, with the pertinents annexed to the crown, as said is, otherwise that the same alienations and dispositions shall be of no value, but it shall be lawful to his highness and his successors to receive the same lands and rents to their own house wherever it pleases them, without any process of law, and the tacks to refund and pay all profits that they have taken up again to his highness's and his successors' use for all the time that they have had them, with such other restrictions as are contained in the acts of parliament made by his most noble predecessors, kings of Scotland, in their annexations to the crown.
[1584/5/32]*[print] [email] [cite] [preceding] [following]
The king's majesty, sitting in judgement, stated and shows to his three estates assembled in this present parliament how his highness, now approaching to the 18th year of his age, having considered the estate of his rents and expenses, finds himself so enormously hurt by disposition made by his highness in times past, through importunate and indiscreet suitors, that without present remedy and good provision for the eschewing of the like in time coming, neither are his highness's debts already contracted able to be relieved and paid, nor his majesty served hereafter, according to his honour; and, therefore, his majesty presented to his three estates the letter underwritten, subscribed by his hand, desiring the same to be acted and registered in the books of parliament, to have the strength and force of an act and decreet of parliament, and the authority of the said three estates to be interposed thereto; the which desire the said three estates thought reasonable, and therefore decree and ordain the said letter to be acted and registered in the said books, to have the strength of an act and decreet of parliament, and have interposed and interpose their authority and consent thereto, to have full effect and force in time coming, and decree and declare letters and executorials of publication to be directed thereupon in manner specified thereto, of the which the tenor follows.
†Rex. We remembering how after our diverse revocations made of before, as being found necessary for us and allowed and confirmed in our parliament, yet taking little or no effect through new dispositions, ratifications, exceptions granted by importunate suits, at last we made our revocation upon 8 November 1583, as the same at more length purports, which now we ratify, approve and confirm by this act, decreeing the same to have full force, strength and effect since the date thereof and in time coming, notwithstanding any gifts, dispositions or exceptions not expressed therein made and passed by us since to any person or persons of whatsoever rents, fruits, profits or duties, either of our property, casualty or collection, that fell and came in our hands by virtue of our said revocation of the term of Martinmas [11 November] 1583 and crop of the year of God 1583 and in time coming, and specially revokes all gifts, grants and promises given by us, as well by consent of our estates in parliament as otherwise, to Annabella [Murray], countess of Mar, Margaret [Lyon], countess of Cassilis, the wives and bairns of the earls [John Erskine, earl of] Mar and [William Ruthven, earl of] Gowrie, Thomas [Lyon], master of Glamis and others, their accomplices, culpable as art or part of the treasonable conspiracy and rebellion attempted against us and our authority at Stirling in April 1583, or to the wives and posterity of whatsoever other persons standing under the process of forfeiture for treasonable crimes, notwithstanding any grace, favour or privilege granted to them by act of parliament in time bygone; which gifts and dispositions and exceptions we declare and decree to have been wrongfully and irregularly purchased by concealing the truth from us, we not knowing but that sufficient provision and assignation had been made for the furnishing of our house and other most necessary affairs of our estate and crown, and the signatures, whereby the said gifts and dispositions passed, not being presented to us by our ordinary officers to whose office properly they belong and by whom we might have been informed of the truth how far the granting thereof was to our prejudice and detriment; and therefore decrees and declares the said gifts and dispositions to be null and of no value, strength, force nor effect without any further process of law; as also decrees and declares that all infeftments, tacks or other dispositions of our property or collection, set or granted before our said revocations or since, and likewise all infeftments and presentations of lands or rents coming in our hands by reason of forfeiture or bastardry, and all common kirks, lands or rents whereof we and our predecessors have been in possession by setting of tacks heretofore, falls now under our revocation, without any cognition or special reduction (sufficient stipends being always assigned to the ministers serving at the said common kirks). Likewise we, by the tenor hereof, specially revoke the same, commanding our treasurer, comptroller and collector general to crave, receive, intromit with and take up all and sundry the said fruits, rents, profits and duties of our property, casualties and collection, as well that falls and comes in our hands by virtue of our said revocation as otherwise, notwithstanding the said pretended gifts, dispositions and exceptions passed upon any part thereof since, whereupon we will not that any letters shall be granted for answering and obeying of the said persons whatsoever, purchasers thereof, nor yet that any suspensions shall be granted against our other letters passed or to be passed at the instance of our said treasurer, comptroller and collector for answering, obeying and payment making of the same to them to our use, discharging and inhibiting them, and every one of them, as also the master of our coin-house, our customs officers and chamberlains and receivers of our property and the deputes of our collectors and others, the intromitters with our rents whatsoever, of all answering and obeying of whatsoever precepts passed and subscribed by us in any time bygone preceding the date hereof, until the same precepts shall be first seen and considered by our said treasurer, comptroller and collector general and such other auditors of our exchequer as we have directed to assist them, and appoint specially and certainly what pensions, fees and wages shall be allowed and paid in the said three offices of the year of God 1583 and in time coming, to the effect that the things commanded to be answered be reasonable, and that the same possibly may be paid without our hurt and inconvenience; and for the better eschewing of our hurt in time coming, and relief of our said officers that they shall not be burdened with disbursing of greater sums than they have received, and to stop the importunate and unreasonable desires of shameless askers by whom we have been moved in time bygone to grant their suits so far to our own hurt, therefore our will is and we command you that no signatures of gifts and dispositions of any part of our property, casualty or collection, pensions or fees out of the same or precepts to be answered of any sums of money or other thing whatsoever belonging to any of the offices of our said treasurer, comptroller and collector general shall be presented to us to be presented in time coming by any other persons than our said officers themselves, their deputes and clerks, and that the same be first subscribed by them before the same be presented to us to be passed our hand, through which they may understand our commodity or detriment in granting of the same and their own ability to answer and make payment of anything commanded as they will answer to God and us; and in case any signatures, letters or precepts shall pass otherwise, wanting the subscription and consent of our officers to whose charge and office the matter properly belongs, we will and ordain that the same shall be no sufficient warrant to the keepers of our signet, privy or great seals, nor to whatsoever other possessors of our rents in their hands, notwithstanding the subscriptions of us and of any number of our council, or that the names of our council, present at the granting thereof, shall be written on the back of any such letters, which nevertheless wanting the subscriptions and consents of the officers to whose charge it properly belongs shall be null and of no value, and we declare them, then as now and now as then, to be of no force nor effect by this act; and that no infeftment, tack, exception or disposition whatsoever made or to be made by us of our said property, collection or falling to us by casualty, and being of it own nature and according to the laws of our realm subject to revocation, however it be passed, shall be viable in time coming without a trial preceding taken by the lords of our council and session, our said treasurer, comptroller and collector being called, through which it may be understood by them that it is not to our great damage, but for the evident good of us, our estate and crown; and in case the said lords decree otherwise by importunate solicitation, that they be answerable therefore upon their allegiance and duty and interest, that we may sustain by that fact whenever we shall please to call them to make account thereof. And because it is well known to us and our secret council, as also to the lords of our council and session, that by reason of the great multitude of causes depending before them, processes are long and parties subject to a long and uncertain attendance, and the actions concerning us, our rents and living so protracted as it is great hindrance to us, for remedy whereof we have resolved and concluded, by advice and consent of our three estates in parliament, that no suspensions nor letters in accordance with shall be granted nor delivered in any matters concerning us in our property, casualties or collection except by such of the number of our college of justice as are constituted auditors of our exchequer, and that the same suspensions and actions for letters in accordance with for breaking of arrests or forcing of officers in the premises, or in anything depending thereupon, shall be discussed before our exchequer in our exchequer house, which exchequer we have appointed and appoint and ordain to convene and sit ordinarily for the effect aforesaid every Tuesday and Thursday in the afternoon in time of session, and always when they please in time of vacancy; and decree and declare the decisions and decreets of the said auditors thereof, being five at least in number, to be as viable and effectual in all respects as if the same were given and pronounced by a full and whole number of the said lords of council sitting in the tolbooth of Edinburgh. Moreover, we have superseded and, by the tenor hereof, supersede the payment of all great pensions and fees, albeit the same shall be allowed in the accounts of our treasurer, comptroller and collector general now shortly to be made for the space of one year after the date hereof, that the better provision may be made for the payment thereof and other our debts in the meantime. Moreover, in furtherance of the said collector and his office aforesaid, forasmuch as it is understood by our sovereign lord and his three estates that all and whole the thirds of the benefices within this realm, being appointed and ordained by acts of parliament ordained before to appertain to the ministry, and the surplus over and above their sustenance to be applied to our sovereign lord's common affairs, are now wasted altogether and dilapidated by reason of tacks, pensions and other dispositions made thereof, partly by [Mary], our sovereign lord's dearest mother, partly by his regents being in authority for the time, and partly by his majesty since the acceptance of the government upon his person, through which is the ministry not only defrauded of their just patrimony and rent, but also our sovereign lord can receive no commodity nor profit of the said thirds for setting forth of his highness's common affairs,according to the meaning and intention of the acts of parliament made thereupon for [...] it is statute, ordained and declared by our sovereign lord and three estates of this present parli[ament] that all and whatsoever gifts, pensions, tacks and other dispositions whatsoever of the thirds of benefices within this realm, or any part or portion thereof, together with all tacks of common kirks, infeftments of friars' lands and other dispositions of the rents and fruits ecclesiastical pertaining to our sovereign lord by reason of the common order taken and received concerning the thirds, which were granted and conveyed either by our sovereign lord's dearest mother and since confirmed in parliament or otherwise by his highness's self or regents during his minority, are, and shall be, comprehended under his highness's late revocation made at Holyroodhouse on 8 November 1583, and thereafter affirmed, ratified and approved by the lords of session, as their decreet interposed thereto at more length purports; which revocation, in all and by all things as is therein contained, his majesty, with advice and consent of his three estates, ratifies and approves in all points after the form and tenor thereof, and therefore decrees and declares all and whole the aforesaid gifts, pensions, tacks of common kirks, together with all tacks of benefices set by the possessors thereof in prejudice of the third since the first assumption, with the confirmations thereof, and other dispositions and tacks of the said thirds or any part thereof granted by his highness's dearest mother or by his majesty's self or otherwise his highness's regents, as well confirmed in parliament as unconfirmed, to be of no value, force nor effect without any further declaration or process of reduction; and to the effect that his highness's collector general, present and to come, may the better understand the estate of all and whole the benefices within this realm and when they shall happen to become vacant, what the yearly rents thereof are worth and how the same are conferred and conveyed, and specially to take order with the chaplainries, altarages and other small benefices within this realm which are already conveyed to students and bursars, contrary to the tenor and meaning of the act of parliament made thereupon, it is concluded and ordained that all provisions and presentations to benefices, both great and small, to be purchased after the date hereof, together with all gifts, tacks, pensions and other dispositions whatsoever of the thirds of the said benefices or any part thereof, or of common kirks, of friars' lands and other dispositions of the fruits and rents ecclesiastical pertaining and belonging to our sovereign lord, shall be subscribed by his highness's collector general and otherwise the same to be of no value, force nor effect, discharging the keepers of our seals to pass the said gifts and other dispositions aforesaid, unless the same be subscribed by his highness's collector general in manner specified; with power also to the said collector general, present and to come, to call, follow and pursue all and sundry the said students and bursars for producing the said gifts before the exchequer, to be seen and considered if the same be conferred and conveyed according to the meaning of the act of parliament made thereupon, and otherwise to take order therewith if the same chaplainries, altarages and other prebendaries conveyed to whatsoever persons, contrary to the tenor of the said act of parliament, be brought in to our sovereign lord's use and be conveyed to qualified persons according to the common order, providing always that the same revocations, declaration and ratification aforesaid, nor nothing contained in the act above-specified or any part thereof, shall extend to the exceptions specially contained in the said revocation made on 8 November 1583, nor to any infeftments, tacks, gifts or dispositions made by his highness to his dearest cousin Ludovic [Stewart], now duke of Lennox, or to his dearest and only great uncle Robert [Stewart], earl of March, his right trusty cousins and counsellors and other specified hereafter: they are to say, Robert [Stewart], earl of Orkney, Francis [Stewart], earl of Bothwell, James [Stewart], earl of Arran and his brother,† James [Cunningham], earl of Glencairn, John [Maxwell], earl of Morton, Andrew [Keith], lord Dingwall, William [Stewart], commendator of Pittenweem, captain of his highness's guard, Walter [Stewart] prior of Blantyre, keeper of our privy seal, the bairns of Alexander Erskine of Gogar, captain of the castle of Edinburgh, Sir Robert Melville of Murdocairnie, treasurer depute and clerk, James Meldrum of Seggie, William Stewart, writer, and Master Peter Young, his highness's preceptor and almoner; all which infeftments, tacks, gifts and dispositions made to the persons specially above-written our sovereign lord wills not shall be comprehended under his said revocation, nor yet that the same shall be prejudicial to lawful patrons nor to anything conveyed to the ministry of Edinburgh or to the hospitals over all the realm, and that letters be directed for publication of the premises by open proclamation at the market cross of Edinburgh and all other places needful, that none pretend ignorance thereof.
[1584/5/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates convened in this present parliament, being informed of the complaints and lamentations of sundry his good subjects, of such enormities, corruption and delays used in the session and college of justice, to the great prejudice of his majesty and whole estates, which being indeed as the informations have been made, deserves speedy and good reformation or otherwise that seat, having such credit, honour and authority, to be relieved of the slander; for the better trial of the truth and circumstances whereon the said complaints proceeds, his majesty, with advice of his said three estates, gives and grants full power and commission to his right trusty cousins and councillors, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, his highness's chancellor and justice general, and James [Stewart], earl of Arran, lord Aven and Hamilton, now chancellor the time of the said Earl of Argyll's non-residence, John [Graham], earl of Montrose, lord Graham, his highness's treasurer, and Sir John Maitland of Thirlestane, knight, his majesty's principal secretary, or any three thereof, that they, by themselves and such other of best fame and experience as they shall call to them, try and take cognisance of the verity of the said enormities, corruption and unnecessary delays, as also what persons now being of the session are evil affected to his majesty, his present estate and proceedings, and to give their advice and opinion whom they think suitable to be displaced and discharged, that they may be removed out of the said session; and to give his majesty also their true advice and opinion of the most worthy and qualified persons to be placed of new in their rooms; as also to prescribe and appoint such good rules and constitutions as they shall think most requisite for reformation of such enormities, corruption and delays as they shall try to have been in the session and college of justice in time bygone, to the effect that his majesty and his said college of justice may ratify, approve and authorise the same to have been of full effect and force hereafter, that the said commissioners present the effect of this present act to execution between now and 12 December 1583, as they will answer to his highness upon their diligence and obedience.
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Forasmuch as after good consideration had by the king's majesty, his nobility and estates assembled in December 1583, of the great hurt and inconvenience which his highness and the commonwealth sustained through diversity of prices of silver of sundry pieces of alloyed money current amongst his lieges, by reason whereof a great quantity of the same, and namely of the twelve penny pieces, bawbees and old placks, were found now to be decayed and wanting, privy persons frustrating his majesty of his right and profit (being one of the special parts of the rents and casualties pertaining to the crown) in the unlawing, transporting, breaking down and refining of the forenamed kinds of alloyed money, as well out of the realm as within the same; for remedy whereof, they have ordained and concluded that all the twelve penny pieces, bawbees and placks, with the three penny groats and half placks now current, should be brought in to the coin-house (not being false and counterfeit) and broken down with all good diligence, and thereof new money to be coined of three penny fine in groats at eight penny the piece, and half groats for four penny, with two grains of remedy of quality, as well above as under; and that there be 135 of the said eight penny groats or 270 of four penny groats in the merk weight of the said money, with allowance of eight of the said eight penny groats or sixteen of the four penny groats for remedy of weight, as well heavy as light, upon every merk weight of the said money passing the irons, as the act made thereupon of the date the [...] December 1583 and proclamation passed thereupon at length bears; of the which pieces ordained to be coined by the said act, weight and quality thereof there has been sufficient proof and trial taken and the assay thereof is extant in the hands of his majesty's advocate, being already tried and found good, so that the same corresponds in weight and quality to the tenor of the said act; in consideration whereof, and that the same has been tried and found good as said is, our sovereign lord and his three estates in this present parliament ratify and approve the act aforesaid after the form and tenor thereof in all points.
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†Forasmuch as it is understood that the ancient and old gold within the country has been and is from home transported by strangers, passengers and others, so that presently little remains within the country, through which his majesty's subjects are damaged and the gold of other princes and countries has course within this realm, at the pleasure of such as buys and sells and not according to reasonable prices at the judgement of his majesty and estat[...] being remedied may import great inconvenience and his majesty frustrated of his highness's comm[...], therefore it is thought good, statute and ordained by our sovereign lord and his three [estates] in this present parliament that there shall be coined two pieces of gold, one of six pieces [...] ounce and of the quality of 21 carats, and one half to have course and passage for £3 15s; the other of nine in the ounce of the weight of the crown and of the quality aforesaid, and to have course of 50s, and toward the form and circumscription thereof, with the remedy of weight and fine, his majesty and estates remit the same to the lords of his highness's secret council, and, by the tenor hereof, give and grant commission to take order concerning that as they shall think expedient.
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Our sovereign lord, with advice of his three estates of parliament, remembering that by the ordinance made by his highness and lords of privy council at Stirling immediately after the recovering thereof, it was ordained that no signature of infeftment, confirmation or right of any lands whereby his majesty might be interested should be expedited without advice of his secret council sitting, and that Adam Hepburn of Ballinhard has obtained a confirmation of the infeftment of feu ferm made to him by the late Patrick [Hepburn], bishop of Moray, commendator of the abbey of Scone for the time, of all and whole the lands of Durdies and others contained therein, lying within the regality of Scone and sheriffdom of Perth, which are one part of the lands lately annexed to the earldom of Gowrie, now coming in his majesty's hands by process and doom of forfeiture orderly led against late William [Ruthven], sometime earl of Gowrie, lord Ruthven and Dirleton, which confirmation his highness and three estates aforesaid have considered to be purchased contrary to the form and tenor of the said ordinance and to the great prejudice and hurt of our sovereign lord; and therefore his majesty, with advice of his highness's three estates, decrees and declares the said confirmation, with all that followed or may follow thereupon, to be null and of no value.
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Concerning the supplication presented to the king's majesty and his three estates by Master Robert Montgomery, making mention that where he, having faithfully travailed in the ministry of the evangel since the reformation of the religion and being a pastor almost the space of 22 years past, it pleased our sovereign lord graciously to bestow upon the said Master Robert the archbishopric of Glasgow, then vacant by decease of the late Master James Boyd of good memory, at the which time the said Master Robert, humbly craving of the ministers, his fellow labourers, to have obtained their consent and agreement thereto, according to his highness's laws, not only was delayed in that point contrary to equity and justice, but likewise was in a pretended manner excommunicated by Master John Davidson, minister at Liberton kirk, by a pretended alleged commission from the general assembly to that effect; after that, his majesty, with advice of the lords of his highness's secret council, by an express act, the parties having interest being called, compearing and their reasons and allegations heard and considered, discharged the pretended presbyteries of Edinburgh, Linlithgow and Dalkeith and all other presbyteries, elderships, general and synodal assemblies of all proceeding against the said Master Robert for alleged aspiring of the said bishopric of Glasgow or troubling or pursuing of his brethren for the same or for any promise made by him concerning that or any other thing depending thereupon in time bygone and of their offices in that part; and albeit these years past the said Master Robert has made most earnest and humble suit to the said general assembly to have been absolved from the aforesaid pretended sentence, yet would he not at any time be heard, for what cause he is ignorant; therefore his majesty and three estates, being assembled as the sovereign judgement of his estate, and the special comfort and relief to the afflicted and oppressed has most humbly supplied to take consideration of his piteous complaint, and specially when beside all good order used in any reformed estate or by any warrant of the word of God he was in pretended manner aforesaid excommunicated, albeit in very deed the said Master John Davidson did at no time admonish the said Master Robert to amend or repair any offence committed by him against the law of God and his holy commandments, with the breaking whereof he was no way charged by the said ministry, but only upon a pretended act of the general assembly, whereby the estate of bishops is by them in their pretended manner declared unlawful, to the which, because the said Master Robert would not subscribe and renounce our sovereign lord's benefice bestowed upon him, he was at that time so wrongfully entreated, the which he suffered with the greater patience because our said sovereign lord and his most honourable privy council were at that same very time charged in a presumptuous manner by certain pretended commissions, as from the kirk, that his highness should not in any time coming appoint any bishops to bear rule or charge in the kirk or commonwealth, threatening the same sentence against his highness and council which was pretendedly executed against the said Master Robert, which sentence albeit he had justly deserved by his stubborn disobedience as he hopes, in God's mercies, never to do, yet good order would have required that after diverse admonitions he should had been denounced at his own parish kirk where he dwells and not in a furtive manner at the parish kirk of Liberton, whereof he could have no knowledge to provide any lawful or godly remedy thereof; and seeing the sentence of excommunication is most fearful and terrible and by his highness's laws men thereby debarred from all civil society and benefit of his highness's laws, it appertains chiefly to his princely care to see that the same be not abused to serve the indiscreet appetite of any men under what colour or pretext so ever; in respect whereof, falling down most humbly at the feet of his majesty's clemency and wisdom of his three estates, craving that by gracious consideration of the truth he may be relieved and freed from the said pretended sentence and declared by his majesty and his estates capable of some benefice as he, of his gracious goodness, pleases to bestow upon him, likewise at more length is contained in the said supplication. Our sovereign lord and his three estates, after mature deliberation of the contents thereof, decree and declare that his majesty and privy council proceeded orderly in commanding the censure of the ministers upon the said Master Robert to be stayed during his highness's will, for sundry great and weighty considerations moving him, according to the said act of secret council; and since the estate of bishops is established now of new in this present parliament, it is found and declared by our sovereign lord and his estates that the excommunication deduced against the said Master Robert, in contempt of our sovereign lord's aforesaid act of council, is null and of no value, force nor effect, and that he may possess all honours, dignities and benefices as if the same had never been done. Always to take away all excuse, it is statute and ordained that the bishops and commissioners to be appointed by his majesty for deprivation of any unworthy in the charge shall try the said Master Robert in all other things that may be laid to his charge; as also it is ordained and statute that as his majesty's council did in this matter, so shall his highness, his successors and privy council hereafter have power to stay and suspend the decreets of any judgements inflicting pain and punishment, as well ecclesiastical as temporal, for a certain space, upon special causes known to him and his aforesaid privy council.
[1584/5/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, 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 his well beloved cousin John, lord Fleming, the like favour, grace and benefit of pacification so that he may possess and enjoy the like privilege and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573]; and has declared the same pacification to be as largely and favourably extended and interpreted in favour of the said lord, for surety of himself, his life, lands, heritage and possessions, or as if he had been specially nominated or comprehended therein, or as if the whole articles, clauses, and conditions of the same pacification were expressly specified therein; therefore, our said sovereign lord, with advice of his said three estates, has ratified, confirmed and approved and, by the tenor hereof, ratifies, approves and confirms the aforesaid pacification given and granted to the said John, lord Fleming, in manner above-written, after the form and tenor thereof, and decrees the same to have full strength, force and effect in all time coming; and further declares the same pacification to be extended as largely and favourably to the said lord as to any other persons, obtainers of the like benefit, of before, in any of our sovereign lord's parliaments preceding, to the effect the said lord may obtain and get likewise possession, right and title to all lands, heritage, tacks, steadings, rooms, possessions, teinds, and other whatsoever tacks which pertained to the late John [Fleming], sometime lord Fleming, his father, at the field of Carberry Hill, as if he had never been forfeited of before; and ordains the lords of council to direct letters to that effect in the appropriate form.
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Our sovereign lord, for diverse and good considerations moving his highness tending to the quietness of his realm and universal obedience thereof, has given and granted and, by the tenor hereof, gives and grants to Sir John Maitland of Thirlestane, knight, his highness's secretary, the like favour, grace, privilege and benefit of pacification concluded at Perth on 23 February 1572 [1573] and ratified and approved in parliament held at Edinburgh in April 1573, and wills the same be as amply extended†in his favour in all respects, conditions, clauses, circumstances and privileges thereof as if the said Sir John had been expressly comprehended therein; and also we will and grant that the same pacification be most amply interpreted and extended to him in all clauses thereof that may tend to his security, notwithstanding of any restriction or limitation comprehended therein, and specially that the same be sufficient to rescind, retract, abrogate and annul, likewise his majesty by this act retreats, abrogates and annuls the process and doom of forfeiture led and pronounced against the said Sir John for whatsoever crimes of whatsoever weight, committed, done or assisted by him in any sort, and to restore and reintegrate the said Sir John against the same, likewise and as freely in all respects as if the said process of forfeiture had never been led and doom of forfeiture had never been given nor pronounced against him; and wills and grants that this act be as sufficient and viable in all respects as if every clause of the said pacification had been herein contained and expressly comprehended, which his majesty holds herein for expressed, fully rehabilitating, reintegrating and restoring the said Sir John to his same honour, heritage, offices, rooms, tacks and possessions whatsoever, the priory and benefice of Coldingham only excepted, remitting and for his highness and his successors freely forgiving all crimes, transgressions and offences of whatsoever weight, lese-majesty and others committed, perpetrated, done or assisted to by him from June 1567 to November 1574, providing always that this act be not extended to the murders of [Henry Stewart, lord Darnley], the king's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, upon good and weighty considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted to Marie Fleming, widow of the late William Maitland, younger, of Lethington, secretary to our sovereign lord, James Maitland, their son, and the remainder of the said late William's bairns, and each one of them, to have, possess and enjoy the same and like favour, grace and privilege and condition as is contained in the pacification made and accorded upon at Perth on 23 February 1572 [1573], and ratified and approved since in parliament, as at more length is contained in the said pacification; therefore, our said sovereign lord, with advice and consent of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves the said pacification made and granted to the said Marie, her said son and remaining persons in all points, after the form and tenor thereof, and declares the same pacification and ratification thereof aforesaid to be as largely and favourably extended and observed to them and each one of them in all respects as if the said late William or they had been specially comprehended and named therein, and as if the whole clauses, conditions and articles thereof were expressly expressed and mentioned in this act; and decrees and declares the same to have full effect for safety of them and each one of them in body, lands and goods; and ordains the lords of council to direct letters for repossessing of them, according to the accustomed use, in the appropriate form.
[1584/5/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, upon weighty and good considerations tending to peace and quietness and universal obedience of his highness's authority within this realm, has given and granted to the late Patrick, bishop of Moray, commendator of the abbey of Scone, his heirs and bairns procreated of his body, the benefit, right, privilege and liberty of our said sovereign lord's pacification made and concluded upon at the burgh of Perth on 23 February 1572 [1573], which is ratified and approved by his highness and three estates thereafter in parliament; and further, our said sovereign lord and three estates, for him and his successors, have granted that the heirs of the said late Patrick, bishop of Moray, shall be entered and served by brieves of his highness's chancellory to all lands and annualrents in the which the said late Patrick died invested and seased, and shall succeed to him to all his debts and moveable goods and possess all honours, privileges, dignities which they might have possessed before the process of forfeiture led against the said late Patrick; and that all infeftments, feus, dispositions, pensions, tacks and other rights made by the said late bishop to whatsoever person or persons during his lifetime shall be as viable to them and their heirs as if the said process of forfeiture had never been led against the said late Patrick, bishop of Moray, and if his name had been expressly specified in the said pacification, as at more length is contained therein. Therefore, 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 benefit of pacification given and granted to the said late Patrick, bishop of Moray, his heirs and bairns in manner above-written in all points, after the form and tenor thereof, and declares the same to have full force, strength and effect in all time coming, so far as the same concerns all lands, annualrents, debts and moveable goods pertaining to the said late bishop and others above-written concerning the said bishopric of Moray only.
[1584/5/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates in this present parliament, ratifies, approves and confirms the benefit of pacification given and granted by his highness to Margaret Borthwick, daughter and apparent heir to the late James Borthwick, apparent heir for the time of New Byres, willing and declaring that the same pacification shall be as largely and favourably extended to the said late James and Margaret, his daughter, as if their names were specially nominated therein, in all points and conditions thereof, as the same gift of the date of 16 May 1584 at more length purports; likewise also our said sovereign lord, with advice of his said three estates aforesaid, by this act, wills, decrees and declares that the reservation, exception or provision contained in a former benefit of pacification granted to the said late James in his time (with provision it should not be extended to the sum of £3,400 money conveyed as one part of his escheat of before to the late Master James MacGill of Nether Rankeilour, clerk register, then consigned for redemption of certain lands of Arnolstoun) shall not be, nor is not allowed nor approved in this present benefit of pacification and ratification thereof, but that the said reservation and exception in the other pacification shall be null and of no effect, and that this pacification and ratification of the same shall be as viable and effectual to the said Margaret touching the possessing and enjoying of the full liberties, benefits, privileges and conditions of the said pacification, without any exception or derogation to be opposed or admitted in the contrary, whereby the said Margaret, daughter and apparent heir aforesaid, may succeed to possess, enjoy, intromit with and call for all and whatsoever lands, goods, gear and sums of money, according to the said pacification, which in any way appertained or might appertain to the said late James, her father, as largely and without any exception as any other whom to the said benefit of pacification has ever been granted, and as freely as if the said exception or reservation of the same above-specified had not been reserved nor excepted in the said first benefit of pacification granted to the said late James of before as said is; which exception or reservation our said sovereign lord, with advice and consent aforesaid, by this act, revokes, annuls and simply discharges in favour of the said Margaret, in case the said silver was not taken up before the said pacification accorded upon at Perth on 23 February 1572 [1573] by the said late Master James MacGill; and ordains letters to be directed to make publication hereof, if need be.
[1584/5/43]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, understanding that Master David Chalmers of Ormond has obtained his highness's pacification, restoring him thereby to all lands, rooms, possessions, offices, benefices, liferents, tacks, dignities, honours and privileges which pertained or in any way might pertain to him before the doom of forfeiture led against him for any cause or occasion preceding the date of the said pacification, which is at Falkland on 4 September 1583, promising in the said act and benefit to ratify and approve the same in the next parliament, for his better security, as the said benefit in the self more fully [...]; therefore our sovereign lord, with advice of the said three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the said benef[...] pacification given and granted to the said Master David in manner aforesaid, and wills and grants the same to be as sufficient and to have the like force, strength and effect in all things to the said Master David and to be as largely and favourably extended to him for possessing and possessing of whatsoever lands, rents possessions, rooms, houses, benefices, offices, liferents, honours, privileges and dignities which he used at any time before whatsoever process of forfeiture led against him, for any cause or occasion bygone preceding the date hereof, or otherwise as if the same were specially mentioned and comprehended in the said pacification, or as if the whole clauses, articles and conditions thereof were herein expressed and contained; and also ordains the lords of council to direct letters at his instance to that effect likewise and in the same manner as other obtainers of the like benefit have received before, and letters of publication to be directed hereupon in the appropriate form, providing always that the granting of the said pacification in no way extend to the odious murders of [Henry Stewart, lord Darnley], our sovereign lord's 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.
[1584/5/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that David Melville of Newmill obtained his highness's benefit of pacification, restoring him thereby to all lands, rooms, possessions which pertained to him or in any way might pertain to him before the doom of forfeiture led against him for any cause or occasion preceding the date of the said act of pacification, and also has granted the like grace, favour and privilege and benefit as is contained in the pacification made and accorded upon at Perth on 23 February 1572 [1573], ratified and confirmed in parliament held at Edinburgh in April 1573, therefore, our said sovereign lord, with advice of the said three estates of parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the said benefit of pacification given and granted to the said David in manner aforesaid, and ordains the same whole clauses and articles thereof to be as largely and favourably extended in favour of the said David and his heirs as he were specially nominated and comprehended therein, or as if the said whole articles and clauses of the same were herein expressly contained; and decrees and declares the same to have full effect and force for safety of him in body, lands and goods, and likewise for repossessing of him to whatsoever his lands, rooms or possessions which he had before the time of his forfeiture, providing that the granting of the said pacification in no way extend to the odious murders of [Henry Stewart, lord Darnley], our sovereign lord's dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, but by this act specially and excepts the same; and ordains letters of publication to be directed hereupon in the appropriate form.
[1584/5/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the remission granted and given by our said sovereign lord under his highness's great seal to George, earl of Huntly, lord Gordon and Badenoch etc., in manner and form underwritten, and declares and decrees the same to have full faith, strength and effect in judgement and outwith in all time coming, after the form and tenor of the same in all points, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greeting to all good men whom this letter reaches. Let it be known that we acknowledge that, after long disturbances and the civil war which happened in this realm of ours in our tender years, a pacification was made in our burgh of Perth on 23 February 1572 [1573] and ratified and approved in our parliament held at Holyroodhouse on 12 April 1573† next in favour of our late kinsman George, earl of Huntly, lord Gordon and Badenoch, his household, friends, servants, vassals and tenants, containing certain exceptions and limitations, which being judged of such great weight and importance were not absolutely remitted, but that it was promised that whatever [Elizabeth I], our dearest sister, queen of England, the ruler closest to us in blood and distance in this age, advised and counselled regarding the same, but this to be performed, observed and implemented with the consent of our parliament with a view to usefulness to us and the obedience of our whole realm. Our said sister and kinswoman the queen of England has with her advice and counsel remitted the matter to us, to do in this regard what seems suitable to us at the time when, as a result of our age and by the laws and custom of our realm, we accept the governance in our own person. Now that by the favour of almighty God we have accepted the governance in our own person, and that has been for three years past accepted and administered, recalling the good, loyal and outstanding service given to us and to our most noble progenitors by our beloved kinsman George, now earl of Huntly, lord Gordon and Badenoch, etc., both in the defence of this realm of ours against invasion by foreign enemies, and also by his assistance to the supreme princes of this realm, our foresaid progenitors, in the repression of the insolence and rebellion of their rebels and disobedient subjects, for which they enjoy and possess honourable tokens in return for their rewards and favours - on account of this, and desiring the stability and continuity of the nobilities of our lords and chiefs of our blood and stock, and moved by our special grace, mercy and clemency because of the age and innocence of our said kinsman George, now earl of Huntly, an infant at the time of the said disturbances and civil war, and in view of his ardent affection towards us, our service, convenience and protection, with the advice and consent of the lords of our privy council, we wish and grant, and, on behalf of ourselves and our successors, do for perpetuity delare that the benefit of the said pacification is and shall be for all time to come amply and favourably extended and interpreted in favour of our said kinsman George, now earl of Huntly, for his full security and remission regarding all actions, crimes, acts of treason, transgressions and offences of any weight and quality in relation to which his said late father was in any way art and part, or which could be imputed to him in any way at any time in the future, without any exception, limitation, restriction or reservation of time or person, and just as the said pacification was made, passed and ratified by parliament simply and absolutely in favour of his foresaid late father in respect of any crimes committed before the said pacification, so we, on behalf of ourselves and our successors, declare the same to have been and to be in future as valid and sufficient for our said kinsman and his descendants, in respect of any acts of treason or offences committed by his foresaid late father or any others of his progenitors or by himself at any time before the date of this act. Further, on behalf of ourselves and our successors, we have ratified, approved and confirmed, and by the contents of this act we do ratify, approve and confirm our said kinsman George, now earl of Huntly as closest and lawful heir of his said late father and of any of his predecessors whom he is close to, and we grant, decree and ordain that he and his posterity will succeed those, and his said posterity and their successors will succeed their agnates and cognates to whom they are closest in blood, in respect of, all and singly, the lands, heritages, offices, honours, dignities and possessions, and their posterity shall be able to succeed them in respect to these in a similar way and as freely in all respects as any of our lieges shall, notwithstanding any acts of parliament or special or general decreets made or to be made, or any provisions or specific conditions in regard to them, or reservation or exception limited in the said pacification which could be interpreted to the opposite effect to the act. Regarding these, on behalf of ourselves and our successors, we make dispensation and also, on behalf of ourselves and our successors, we, from our own special grace and favour, rehabilitate, restore and reintegrate our foresaid kinsman George, now earl of Huntly against all forfeitures, processes and sentences pronounced, divulged and brought to court against his foresaid late father in any way for any crimes or offences committed by him or his predecessors in the past, which we wish in no way to be imputed to our foresaid kinsman George now earl of Huntly or his posterity at any time. We promise on our royal word to cause this act to be ratified and approved in our next parliament for the security and corroboration of the foregoing, to stand and remain, in effect and with sufficient validity, in perpetuity for all time to come. In testimony of this we have instructed that our great seal be applied to this act. At Dalkeith, 16 May in the year of the Lord 1581 and in the fourteenth year of our reign.
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†Our sovereign lord, with advice and consent of his highness's three estates in this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the remission underwritten, made, given and granted to the servants of the late George, earl of Huntly, lord Gordon and Badenoch contained therein under the great seal, and decrees and declares the same to have full force, strength and effect in all time coming, of the which the tenor follows.
James etc. Because we, with the advice of the lords of our privy council, recalling our grace and favour formerly extended to our loyal kinsman George, earl of Huntly, lord Gordon and Badenoch, for his full security, remission and restoration, according to the contents of letters granted to him under our great seal, as our letters in this vein of 16 May 1581 more fully purport, and having reliable experience of our kinsman's attitude and obedient affection towards us [...] held and directed towards the commonwealth and tranquillity of our realm, we, tending in that respect [...] favour towards him and for the continuation of the security of his house, friends and servants [...] and wishing that such as they provided for the father of our said kinsman in his lifetime should now remain under peril of our laws considering things which occurred in the turbulent times in our minority [...] mainly in consideration of our grace and favour shown formerly [...] our said kinsman as their master in the lifetime of his son and heir whom they then served. Therefore, with the advice of the said lords of our privy council, we remit our rancour of spirit, royal suit and all action which we have conceived, had, have, might be able to have or claim against Alexander Drummond of Midhope, Robert Bruce, Thomas Kerr, Robert Kerr and Patrick Gordon, household servants of the said late earl, just as they are now servants of the present earl, for art and part in any crimes done or offences committed when the said late earl of Huntly was present and in the area and they were with him for the time being during the recent civil disturbances beginning on 15 June 1567 until the pacification of 23 February 1572 [1573], and for all action and crime which followed thereon which can be imputed to them, notwithstanding any exceptions, reservations therein or any acts of parliament or privy council or other laws, statutes or special or general constitutions already made or to be made which could be extended or interpreted to the contrary, regarding which, on behalf of ourselves and our successors, we make dispensation. At Holyroodhouse, 15 February 1582 [1583], the 16th year of our reign.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the remission underwritten, made, given and granted to Sir Thomas Kerr of Ferniehirst, knight, and his servants contained therein under the great seal, and decrees and declares the same to have full strength, force and effect in all time coming, of the which remission the tenor follows:
James, by the grace of God, king of Scots, gives greeting to all good men of his whom these letters reach. Let it be known that, because we, with the advice of the lords of our privy council, understanding from the difference and dissension brought forth between the nobles of this realm of ours during our tender age, so that they divided into various factions and embarked upon civil war and prosecuted all manner of hostilities for various years, using foreign power against each other just as exists between foreign nations and enemies, in which times it unhappily came about that our late beloved uncle Matthew [Stewart], earl of Lennox, regent for the time, was slain in conflict at Stirling, where Thomas Kerr of Ferniehirst was in the party [of the killers], but, as it has been noted, neither counselled, foreknew or brought about the said murder, and that the same was committed against his will - now, recalling the good service done by Thomas and his predecessors before these tribulations, to us and to our most noble progenitors, both in defence of the realm against the invasion of foreign enemies, and in assistance to these most serene princes of this realm in the repression of the insolence of rebels and disobedient subjects, wishing the continuation rather than the end of the household and family of the said lord Thomas, and for other reasonable causes and considerations which move us in the direction of the universal obedience of our lieges, and tending towards the greater peace and advantage of the commonwealth, therefore, from our grace, mercy and special clemency, with advice of the said lords of our privy council, we have remitted, and do remit by the tenor of the present letters to Sir Thomas and Thomas Kerr of Cavers, Andrew Crichton, John Shaw of Tillicoultry, John Kerr of Kerchesters, William Ainslie of Fala, George Pyle of Mylnuich, Adam Trimble of Billerwell, Thomas Kirkton, John Pyle, John Hall, George Pyle of Lieraw, William Hall, William Wedell, Ralph Ainslie of Theakside and all other household servants, tenants, servants, dependants of the said Sir Thomas who were with him and participants with him in the said civil war, all rancour of spirit, royal suit and all action which we had, have or in any way might have for art and part in the slaughter of our late uncle and regent in the burgh of Stirling on 4 September 1571, and all other actions and crimes which could be imputed to them or any of them, and all other actions, crimes, acts of treason, transgressions and offences committed or perpetrated by the said Sir Thomas or by any of the people specifically or generally referred to, at any time before the date of the present letters (excepting treason against our own person, the detestable murder and slaughter of [Henry Stewart, lord Darnley], our late dearest father, and our late dearest regent James [Stewart], earl of Moray, sorcery and incest), and further no one is to presume to do evil, molestation, injury or hurt to the said Sir Thomas and the others, under our firm peace and protection, by reason of the said slaughter or any other action, crime, treason, transgression or offence, under threat of full forfeiture and loss of life and limb. In testimony of this, we have made these letters patent of ours of remission for the duration of all the life of the forementioned persons under our great seal at Holyroodhouse, 26 November 1583, the 17th year of our reign.
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Our sovereign lord, with advice of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the act of parliament made in the parliament held at Holyroodhouse on 30 April 1573,† bearing that our said sovereign lord, with advice of his said three estates, upon weighty and good considerations moving his highness tending the furthering of peace and quietness and universal obedience of his grace's authority, decreed and declared that Robert Balfour, son lawful to Andrew Balfour of Montquhanie, should 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, 1572 [1573], ratified and approved in the same parliament, and that the said pacification should be as largely and favourably extended and interpreted in favour of the said Robert for the security of his life, living, honour and goods as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions thereof had been expressly specified in the said act of parliament, as the same of the date of 23 February 1572 [1573] more fully contains, in all the points, articles, clauses, and circumstances of the same. And also forasmuch as our said sovereign lord, of his special grace, has remitted and forgiven the said Robert all action and crime wherewith he might be charged for being in company of them which chanced to be at the slaughter of his highness's dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley, regent to him, his realm and lieges for the time in September 1571, for the which processes and doom of forfeiture was led and given against the said Robert in the parliament held at Edinburgh on 20 October 1579, as in the process and doom of forfeiture at more length is contained; in the which parliament it was also statute and ordained by our said sovereign lord, with advice of the three estates thereof, that the bairns, as well natural as lawful, should possess nor acclaim any heritage, rooms nor possessions within this realm, howsoever the same is or shall happen be acquired to pertain to the said bairns since the committing of the said slaughter, as in the said act of parliament and letters of remission; of the date of 28 August 1583 at more length is contained; which letters of remission, in all points and clauses thereof, our said sovereign lord, with advice of the said three estates, by this act ratifies and approves and has restored and rehabilitated, likewise by this act restores and rehabilitates the said Robert, his bairns, heirs and posterity whatsoever against the said process and doom of forfeiture and all that has followed or may follow thereupon, restoring and reinstating the said Robert and them to their same honour, lands, rooms, possessions, pensions and other commodities whatsoever which the said Robert had or enjoyed before the date of the said forfeiture, and that he, his said bairns, heirs, successors and posterity may, and shall be, in all time hereafter able to obtain, conquest, possess and enjoy whatsoever lands, heritages, tacks, steadings, rooms, possessions and other commodities within this realm, and to succeed to any others, their agnates or cognates, or every one of them to others likewise and as freely in all respects as any others our sovereign lord's subjects within this realm, notwithstanding the said process of forfeiture led against the said Robert and of the act above-specified made against his posterity as said is, which, and all other acts and constitutions generally and specially tending to the contrary hereof, the king's majesty, with advice of the said three estates of this present parliament, of certain knowledge, upon weighty considerations and his highness's proper motive, have dispensed and dispenses for ever, providing always that this act be not extended to reinstate and restore the said Robert to any right he has or may pretend to the provostry of the Kirk o' Field, sometime situated within the liberty of the burgh of Edinburgh, fruits, duties and emoluments thereof wherever the same lie, of any terms past and to come, but that the same remain and abide perpetually hereafter with the provost, bailies, council and community of the said burgh of Edinburgh according to the donations, rights and titles made by [Mary], our said sovereign lord's dearest mother, and his highness to them thereof, secluding the said Robert therefrom and from all profits and duties thereof bygone or to come perpetually for ever.
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Our sovereign lord and his three estates in parliament, for the good, true and thankful service done to his highness and [Mary], his dearest mother, by Sir John Maitland of Thirlestane, knight, now his majesty's secretary, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made by Sir Richard Maitland of Lethington, knight, and baron of the barony of Blythe, to the said Sir John and the male heirs lawfully to be procreated of his body, which failing, to John Maitland, son and apparent heir to John Maitland of Auchengassel and his male heirs lawfully to be procreated of his body, which failing, his nearest and lawful male heirs whatsoever bearing the arms and surname of Maitland, of all and whole the lands and barony of Blythe, with annexes, connexes, parts, pendicles, mills, woods, tenants, tenantries and service of free tenants of the same and all their pertinents, lying within the lordship of Lauderdale and sheriffdom of Berwick, to be held of his highness and his successors by service of ward and relief, as the said charter of alienation and privy vendition of the date at Edinburgh on 15 March 1580 [1581] at more length bears, with the instrument of sasine following thereupon; and likewise the charter of confirmation made by his highness, with advice of the lords of secret council, under his great seal of the date 19 March 1583 [1584], ratifying and approving the said infeftment and charter of vendition and alienation made to the said Sir John in manner aforesaid; and likewise his highness and three estates aforesaid have ratified and approved and, by the tenor hereof, ratify and approve the other charter and infeftment under his great seal to the said Sir John and Mistress Jean Fleming, his spouse, the longer living of the two in conjunct fee, and to the heirs lawfully procreated or to be procreated between them, which failing, to the said Sir John's heirs whatsoever, of all and whole the lands and barony of Thankarton and Biggar, with the parts and pertinents thereof, lying within the sheriffdom of Lanark, and of all and whole an annualrent of £50 of this realm yearly to be uplifted at two usual terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by two equal portions, of all and whole the lands of Abbot's Carse, with their pertinents, lying within the sheriffdom of Stirling, as the said infeftment of the date at the castle of Stirling on 30 October 1583 at more length purports, with the instruments of sasine following thereupon; and also his highness and three estates of parliament ratify and approve and, for his highness and his successors, perpetually confirm the charter of alienation and vendition made by the said Sir Richard Maitland of Lethington, knight, to the said Sir John and his male heirs and of tailzie before specified, of all and whole the lands of Lethington, with the tower, fortalice, manor place, orchards and yards thereof, with the plough of land called the West Field, with tenants, tenantries, service of free tenants and all their pertinents, lying within the sheriffdom of Edinburgh and constabulary of Haddington, to be held of William [Hay], lord Hay of Yester and his heirs in free blench, as the said infeftment and sasine following thereupon in like manner at more length purports, the said William, lord Hay of Yester, his confirmation given thereafter ratifying the said infeftment of vendition and alienation therein contained in all points, clauses and articles of the same; and decree and ordain that this present ratification in form of act of parliament is and shall be in all times hereafter as viable and sufficient in all respects as if all and sundry the said infeftments, charters, confirmations and sasines were at length inserted therein, and that, by virtue thereof, the said Sir John, his heirs, assignees and successors shall peaceably possess and enjoy the lands, baronies and annualrent above-specified in all respects as any others, his highness's subjects, use and possess their lands and heritage within this realm, notwithstanding whatsoever sentences of forfeiture given and pronounced in any time past against the said Sir John and the late William Maitland, his brother, and also notwithstanding the acts made in his highness's parliament held at Stirling in August 1571 and at Edinburgh in November 1579, as also at Edinburgh in November 1581, concerning the disinheriting of the posterity of the persons forfeited in the said parliaments or any other parliaments; and notwithstanding whatsoever other laws, acts and constitutions of this realm whereunto his highness, by advice of the said three estates, has made and by this act makes plain derogation in that behalf.
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†Our sovereign lord, with advice of the three estates of this present parliament, understanding that the late Sir James Balfour of Pittendreich, knight, in May 1571, in the troublous time, through the questioning of our sovereign lord's authority, was forfeited in parliament, not only for his assistance to that common cause, by the which the whole subjects of this realm were divided, but also for the alleged art and part of the devising, knowledge and concealing of the most horrible and detestable murder of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father of good memory, as at more length is contained in the process and sentence of forfeiture which was led against the said late Sir James the time aforesaid, when he, through the open hostility then standing between the parties, might not compear nor have access to that judgement for his defence; and therefore our said sovereign lord in his highness's parliament held at Holyroodhouse on 30 April 1573, with advice of the three estates and whole body of this realm, after the appeasing of the aforesaid troubles, upon weighty and good considerations moving our said sovereign lord tending to the furthering and establishing of peace and quietness and to the universal obedience of his highness's authority, decreed and declared that the said late Sir James should possess and hold and enjoy the grace, favour, privilege and conditions contained in the general pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved in the said parliament, and that the said general pacification should be as largely and favourably interpreted and extended in favour of the said late Sir James for the surety of his life, living, honour and goods as if he had been specially nominated and comprehended therein, and as if the whole articles, clauses and conditions of the said general pacification had been expressly specified in the said act of parliament, by the which the benefit and favour of the said pacification was granted to the said late Sir James, as in the said particular act of parliament made in his favour at more length is contained; which general pacification being in all the clauses, points, articles and circumstances thereof at diverse times seen and considered by our said sovereign lord and lords of his highness's secret council and session, and specially those clauses and article thereof purporting that all processes and sentences of forfeiture led and given against whatsoever persons comprehended therein, for any crime, action or deed done or assisted in the said common cause, in time of the said common trouble from 15 June 1567 and on 23 February 1572 [1573], and for any other causes or crimes contained in the summons of forfeiture executed against them and whereof they were convicted at any time between the said 15 June 1567 and the said 23 February 1572 [1573], were decreed and declared to have been and to be of no value, force nor effect with all that followed or might follow thereupon, and the persons who obtained the benefit of the said pacification were, by virtue thereof, freely restored fully against the same, by the same manner and condition as the said processes and sentences of forfeiture had been specially retreated and reduced, all parties having interest being specially called thereto, whereby it was then clearly understood by the lords of privy council and session, likewise now it is clearly understood by our said sovereign lord, the said three estates and whole body of this present parliament that the said late Sir James was fully restored against the said sentence of forfeiture given contrary against him, upon the knowledge whereof, cognition being taken by the principals of the said secret council, our said sovereign lord received the said Sir James, his wife and bairns, their persons, lands, goods and gear in his majesty's special safe guard, protection and defence as his loyal subjects; and, nevertheless, before the granting of the said protection by an act of parliament begun at Edinburgh on 20 October 1579, the posterity of certain persons standing under the sentence of forfeiture of the art and part of the slaughters and murders of our said sovereign lord's dearest father, the late Matthew [Stewart], earl of Lennox, his highness's grandfather and the late James [Stewart], earl of Moray, regents to him, his realm and lieges for the time, are declared and decreed to be unable to possess any lands, heritage, rooms or possessions within this realm, howsoever the same were acquired since the committing of the crimes respectively aforesaid; in the which act, the said late Sir James's posterity is expressly mentioned and comprehended, making no difference between the said other persons then, as yet, standing under the rigour of the said sentences of forfeiture given against them and the said late Sir James, who was fully restored against the sentence of forfeiture given contrary against him and the said sentence in all points and heads thereof, without exception, by the aforesaid act of parliament [...] grant of the said pacification was rescinded and retreated, which was not open [...] to our said sovereign lord and his three estates the time of the making of the said ordi[...] said Sir James being then absent and ignorant of any declaration to be given in prejudice [...] posterity, which is always now sufficiently verified to our said sovereign lord and his three estates, likewise the same was sufficiently verified to his highness and to the lords of his secret council and in like manner to the said lords of session, upon diverse complaints made by the said late Sir James in his time and by his widow and bairns after his decease, most humbly craving that they, upon better knowledge of the truth, might be repaired against the said declarations made contrary to the posterity of the said late Sir James; likewise Dame Margaret Balfour of Burleigh, the widow of the said late Sir James, Michael, James, William, Harry, David, John, Marie and Helen Balfour, his bairns, have now renewed their suit, desiring our said sovereign lord's declaration, by the advice of his three estates of parliament, that the said Sir James at all times since the granting to him of the benefit of the said general pacification to his decease remained his highness's good liege and subject, and that the said sentence of forfeiture given against him was duly and lawfully retreated and rescinded before the said act concerning his posterity now made or any other act following thereupon, and therefore craving that it might be also declared that his bairns and posterity might possess and enjoy whatsoever lands, heritage, rooms and possessions appertaining to them, acquired or to be acquired by them, as well freely and quietly in all respects as any other, our said sovereign lord's lawful subjects within this realm, and also that hereafter question should not be moved to them nor any of them for any of the crimes and causes contained in the said sentence. Therefore our said sovereign lord, by cognition of the cause and for relief of his conscience, by the advice of the said three estates of parliament, for his highness and his successors, decrees and declares that the process and doom of forfeiture led against the said Sir James in manner aforesaid was duly and orderly retreated by the said pacification ratified in the said parliament, and that the said Sir James, from the time of the reduction thereof to his decease, abide and remain our said sovereign lord's loyal and dutiful subject, and therefore that his bairns and posterity might not be hurt nor harmed by the acts above-written; which all and sundry acts, and every one of them, our said sovereign lord, by the advice of his said three estates, in so far as the same comprehends the bairns and posterity of the said late Sir James only, likewise decrees and declares to have been and to be of no value, force nor effect, abrogating the same in that part only by this present act for ever, the same act, with all other acts made to that effect and consequently following thereupon concerning the posterity of the other persons mentioned therein, standing always in full force, strength and effect; and also decrees and declares that the bairns and posterity of the said late Sir James are, and shall be, able to possess and enjoy all lands, heritage, rooms and possessions acquired or to be acquired by them, and that they may succeed to their said late father, mother, or any of them, or every one of them, as heirs to other or to whatsoever other persons likewise and as freely as any other our sovereign lord's lieges and subjects may conquest and acquire lands, heritage, rooms and possessions or succeed thereto within this realm and as if the said acts concerning the said late Sir James's posterity never had been made, to the which in that part only our said sovereign lord has made and makes express and special derogation by this act. And further, his highness, with advice and consent aforesaid, for him and his successors, renounces and discharges all action that his grace may have or intend against the said late Sir James, his memory, heirs or posterity for the cause aforesaid for ever, as is more amply contained in a letter given under his highness's great seal at Holyroodhouse on 21 December 1583; which letter our said sovereign lord, by this act in all points, articles, clauses and circumstances thereof, ratifies and approves, and that his highness's present ratification be, in all respects, as sufficient as if the said letter were at length engrossed in this present act, ordaining also the same letter at the desire of party to be inserted and registered in the books of parliament for perpetual memory and to have the strength, force and effect of an act and decreet thereof; and ordains letters to be directed hereupon, if need be, in the appropriate form.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and confirms the gift and disposition made by our said sovereign lord, with advice of the lords of his highness's secret council, of all and whole the lands which pertained to the friars of Aberdeen, given and conveyed to the hospital of the said burgh for sustentation of the poor, and decrees and declares the same to have full strength, force and effect in all points, clauses and articles thereof; and also declares by this act that the aforesaid lands, with their pertinents, nor any part thereof, are not, nor shall be, in any way comprehended under our sovereign lord's revocation to be ratified in this present parliament, but that the same are, and shall be, excepted, likewise his highness, with advice aforesaid, by the tenor hereof, excepts the same out of the said revocation; and also decrees this present declaration and exception is, and shall be, of as great force, strength and value as if the same had been contained and inserted therein, to the effect that the poor men of the said hospitality may peaceably possess and enjoy the said lands, with their pertinents aforesaid, according to their provision in all points.
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Our sovereign lord, with the advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the gift and disposition made to David Murray, brother-german to Sir Andrew Murray of Arngosk, knight, domestic servant to our sovereign lord and one of his highness's master stablers, of all and whole the lands of Pottie and Cowdenknowes, conveyed to him heritably, which fell and came in his highness's hands through forfeiture and doom of parliament orderly led against Gavin Hamilton of Raploch, spouse to Jean Dishington, one of the heirs of Ardross, as the infeftments made to him thereof purport in all points, articles and clauses contained therein, after the form and tenor thereof; and decrees and declares the same to have full strength, force and effect in all time coming, to the effect that the same lands may remain heritably with the said David in all time coming, notwithstanding any privilege, liberty or rehabilitation granted to the said Gavin, or right made by our said sovereign lord to him of the said lands since the said forfeiture; and likewise our said sovereign lord, with advice aforesaid, revokes, abrogates and annuls all and whatsoever right made to the said Gavin of the said lands, with all privileges granted to him thereof since his said forfeiture and date of the same William Murray's infeftment aforesaid granted to him thereof to the effect aforesaid.
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Our sovereign lord, by the advice of the three estates of this present parliament, fully understanding the privilege granted to him as well by the common law as by the constitutions, statutes and laws of this realm in revocation of all infeftments, heritages, gifts and dispositions whatsoever, by presentation or otherwise made by him in his minority and less age to any person or persons of whatsoever lands, lordships and baronies coming in his majesty's hands and pertaining to his grace as his property the time of his gift and disposition thereof, to his great hurt and detriment of his crown and patrimony thereof, has diverse times heretofore made public and general revocation thereof, and specially in his highness's parliament held and begun at Edinburgh on [...] October 1579, and in his next parliament held thereafter at Edinburgh in October 1581, and now willing that the revocations made in the said parliaments should take full effect after the form and tenor thereof in the special infeftments after following made to the persons underwritten of the lands after-mentioned, his highness, with advice of his said three estates in this present parliament, has of new revoked, abrogated and annulled and, by the tenor hereof, abrogates, revokes and annuls the infeftment and heritable gift made by his highness to Robert Hepburn, son lawful to Patrick Hepburn of Waughton, his heirs and assignees, of all and whole the lands of Stevenston, with the tower, fortalice, mill and fishings thereof upon the water of Tyne, with the muir of Stevenston, advocation, donation and right of patronage of the chaplainry of Holy Blood altar, sometime situated within the parish kirk of Haddington; item, the infeftment and heritable gift made by his highness to the late Captain James Hector, his heirs and assignees, of all and whole the half lands of Garvald, extending to 40 husband lands or thereby, lying within the sheriffdom of Edinburgh and constabulary of Haddington aforesaid; and likewise the infeftment and heritable gift made by his highness to Alexander Home, son and apparent heir to Alexander Home of Manderston, of all and whole the 15 husband lands of Simprene and of all and whole the lands of Over and Nether Tofts, with all their pertinents, lying and within the sheriffdom of Berwick; and likewise the infeftment and heritable gift made by his highness to Sir James Home of Fynlaws, knight, his heirs and assignees, of all and sundry the lands called Lady Park, also Lady Part, lying within the bailiary of Lauderdale and sheriffdom of Berwick; and in like manner the infeftment and heritable gift made by his highness to Andrew Kerr of Faldonside, his heirs and assignees, of all and whole the third part of the lands and barony of Bolton, with the whole fortalice, manor place and yards thereof, with the third of the mill of Bolton and multures of the same, with tenants, lying within the sheriffdom of Edinburgh and constabulary of Haddington, which third part and whole fortalice, manor place and yards thereof pertained to the late William Maitland, sometime apparent of Lethington; and likewise the other infeftment and heritable gift made by his highness to the late William [Ruthven], sometime lord Ruthven, late earl of Gowrie, his heirs and assignees, of all and whole other third of the said lands and barony of Bolton and mill thereof, with the multures of the same, with tenants, tenantries, service of free tenants thereof, lying within the said sheriffdom of Edinburgh and constabulary of Haddington, held by him immediately of his highness as come in his majesty's hands by reason of escheat through process and dooms of forfeiture led against the said late William for certain crimes of treason and lese-majesty, whereof he was convicted. And also our said sovereign lord revokes in special the presentation directed to the prioress and convent of the lands underwritten presenting Patrick [Lindsay], lord Lindsay of the Byres in immediate heritable tenant to them, of all and whole the lands of the mains of the abbey of Haddington, the lands of Muirtounhall, the lands of Westhopes, the lands of Easthopes, the lands of Newlands, the lands of Ryslaw, the lands of Woodend, the lands of Snawdoun, the lands of Carfray, the lands of Little Newtoun, with the teinds thereof included, with all their parts and pendicles, lying within the constabulary of Haddington and sheriffdom of Edinburgh. And also our said sovereign lord revokes in special the presentation directed to the prioress and convent of the abbacy of Haddington, presenting the late Sir William Douglas of Hawick, knight, younger, of Drumlanrig, in immediate tenant to them, of all and whole the lands of Vagbie, with the pertinents, lying within the sheriffdom of Edinburgh and constabulary of Haddington, as coming in our said sovereign lord's hands, by the forfeiture of the said late William Maitland; and likewise the presentation directed to the commendator and convent of the abbey of Melrose, presenting Andrew Kerr of Faldonside in immediate tenant to them, of all and whole the town and lands of Darnick, the Smith's Croft, Maisterquharreis land, Teylehous, the sea master's croft and land, Markisley, the pertinents and pendicles of the same, namely, the haugh above the brig and Lochcrest, with the parts, pendicles and pertinents thereof, lying within the lordship and regality of Melrose and sheriffdom of Berwick, as coming in our said sovereign lord's hands by the forfeiture of the said late William; and likewise the presentation directed to the commendator and convent of the abbey of Dryburgh, presenting Robert Home of Redhaugh in immediate heritable tenant to them, of all and whole the lands of Snawdoun, with their pertinents, lying within the bailiary of Lauderdale within the said sheriffdom of Berwick, as coming in our said sovereign lord's hands by the forfeiture of the said late William Maitland. And also the presentation directed to Henry [Sinclair], lord Sinclair, superior of the lands and annualrents underwritten, presenting [...] Sinclair, son to the said lord, at least some other person specially nominated in the said presentation, in immediate tenant to the said Lord Sinclair of all and whole the lands of Balbegie, giving by year five chalders of victual, the two mills of Ryre, giving by year 100 merks, and an annualrent of 100 merks to be uplifted at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, out of all and whole the said Lord Sinclair's coalpit in Dysart, and also of all and whole a house called the Hermitage, lying within the burgh of Dysart, all lying within the barony of Dysart and Ravenscraig respectively and sheriffdom of Fife, as coming in our said sovereign lord's hands by the forfeiture of the said late William Maitland, as in the said presentations respectively, with the infeftments passed thereupon, at more length is contained; as his highness, with advice of the three estates of parliament, decrees, ordains and declares the said infeftments, gifts and presentations, as well of the lands held of his highness as of the other superiors respectively aforesaid, and every one of them, with all that followed or may follow thereupon, to be in all time coming of no value, force nor effect and the lands, lordships and others above-specified to be in his highness's hands and that his highness may set, raise and use the same, make new presentations and convey thereupon as freely in all respects and conditions as his highness might have done before the granting of the infeftments and presentations above-specified, conveyed and made by him of before, as said is; and ordains letters to be directed to make publication hereof in the appropriate form. Subscribed by our said sovereign lord at [...] the [...] day of [...] 1584, before these witnesses.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, affirms and approves the charter and infeftment underwritten, made, given and granted to Lord Andrew Keith of Forsa, knight, his male heirs underwritten, in feu ferm, of all and sundry the lands specified therein, mills, multures, fishings, parts, pendicles and service of free tenants and all and sundry their pertinents specified therein, and declares the same to have full force, strength and effect in judgement and outwith in all time coming, of the which the tenor follows:
James, by the grace of God, gives greeting to all good men throughout his land, both clergy and laity. Let it be known that because our beloved kinsman Sir Andrew Keith of Forsa, born of the most ancient and noble family and blood of our beloved kinsman George [Keith], earl Marischal, lord Keith, baron of Inverugie etc., by the good character, prudence and fortitude in time of peace and war which have been granted to him by the very good grace of God, when far from friends and homeland in foreign parts, especially in the kingdom of Sweden, by the benevolence and liberality of our brother and kinsman the most serene king of Sweden, brought great honours and dignities upon himself, and thus performed very many duties for us and our subjects, and indeed was a credit to his fatherland and the family from which he is descended; while by condition of birth a subject most worthy of our favour and benevolence, he was promoted by our brother the king of Sweden, despite being foreign and alien, and was given many benefices, for loyal service given to us and to [Mary], our dearest mother, and for many other good deeds done for the good of us and our subjects, and for the stabilisation and conservation of the polity within our realm according to our laws and statutes of parliament carried and promulgated by us and our predecessors regarding the granting of lands by feu ferm or in perpetuity. Therefore, we have given, granted and conveyed, and by the tenor of our present charter, with the consent and assent of our comptroller, do give, grant and convey in favour of the said Sir Andrew Keith of Forsa, knight or knight aureate, and his male heirs as mentioned below in heritage and feu ferm respectively in the following manner, all and singly, our castle and manor, wards, superiority, fishing and the other things named below, namely, whole and complete our castle of Dingwall, with its houses, buildings and the wards of the same, together with all services, advantages and privileges which are usual and customary for the maintenance and repair of the same, the superiority of the town of Dingwall, with the burgh ferms, the dominical lands vulgarly known as Kyncardie, the lands of Glakkis which is a quarter of the foresaid dominical lands, all and singly the lands of Dalmalook, Inchevandie, Ochterneid, Drumglust, Wester Fairbarne, Cumrie, Artoun, Auchnaclerauch and the fishing of the water of Conon, with all the advantages, freedoms, services and other dues pertaining or capable of pertaining to the said fishery by use and custom, together with, all and singly, relating to the foresaid lands, the mills, multures, woods, groves, parts and pendicles, tenants, tenancies and services of freeholders and their pertinents, all in our earldom of Ross and lying within our sheriffdom of Inverness. He is to hold and have, whole and complete, our foresaid castle of Dingwall, with its houses, buildings, and the wards of the same, together with all services, advantages and privileges which are usual and customary for the maintenance and repair of the same, the superiority of the foresaid town of Dingwall, with the burgh ferms, the dominical lands vulgarly known as Kyncardie, the lands of Glakkis which are a quarter of the foresaid dominical lands, the foresaid mains, with, all and singly, their parts, particles, mills, multures, tenants, tenancies and services of freeholders, woods, groves and their foresaid pertinents, in favour of the foresaid Sir Andrew Keith and his present or future legitimate male heirs, whom failing any close and legitimate male heirs of his bearing the name of Keith and the arms of the principal house or messuage of the foresaid earldom of Marischal vulgarly called Dunnottar, from us and our successors in fee and heritage and free blench ferm forever; also all and singly the foresaid lands of Dalmalook, Inchevandie, Ochterneid, Drumglust, Wester Fairbarne, Cumrie, Artoun, Auchnacleurach and the foresaid fishing on the water of Conon, with all and singly the liberties, advantages, services and other dues properly and lawfully pertaining or justly and lawfully able to pertain to the foresaid fishing, together with all and singly the mills, multures, woods, groves, tenants, tenancies and other things mentioned above, in favour of the foresaid Sir Andrew Keith and his above-mentioned male heirs bearing the name of Keith and the arms of the foresaid house or messuage of Dunnottar, from us and our successors in heritage and free feu ferm, and in free lordship and barony in perpetuity, by all their correct ancient measures and divisions, as the castle with houses, wards and the forementioned lands, and the foresaid lands and fishing, with their mills, woods and groves, and other things mentioned above, lie in longitude and latitude, in houses, buildings, woods, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, bounds, fields, pastures and rough pastures, mills, multures and their consequents, fowling, hunting and fisheries, peat mosses, turfbeds, coals, coalworkings, pigeons and dovecotes, rabbits, warrens, workshops, breweries, brewhouses, whins, woods, groves and thickets, wood, timber, stoneworkings, stone and lime, with courts, appeals, inheritance payments, bloodwit and marriage of women, amercements, escheats of the foresaid courts, with furca et fossa, soke and sak, toll and theame, wrack, wair and waith, infangthief, outfangthief, pit and gallows, with common pasture and free entry and exit, and with, all and singly, the other freedoms, advantages, profits and easements and any just pertinents whether named or not, under or above ground, far and near, relating or justly capable of relating in any way in future to the foresaid castle, lands, fishing, and other things specified above, with all their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, annually the foresaid Sir Andrew Keith of Forsa, knight and aureate knight, and his male heirs as mentioned above shall render to us and to our successors for the foresaid castle of Dingwall, houses, [buildings and the] wards of the same, and the customary services, advantages and privileges for their maintenance and repair, and the superiority of the said town of Dingwall and its burgh ferms with the said dominical [lands] vulgarly called the Mains of Kyncardie, the said lands of Glakkis, with tenants, tenancies and services of freeholders and other things of theirs mentioned above, one silver penny of the usual money of our realm at our said Dingwall Castle at Easter in blench ferm, if asked. Also paying to us and our comptrollers, chamberlains and factors for the time, for the foresaid lands of Dalmalook, £6 13s 4d, and 60s for bond money and seven reek hens, for the foresaid lands of Inchevandie £4, and for bond money 8s, three reek hens, for the foresaid lands of Ochterneid, £6 13s 4d, four muttons, for bond silver 16s and nine reek hens, for the foresaid lands of Drumglust, £6 18s 8d, one chalder and two bolls of barley, one chalder and two bolls of oats, six marts, six muttons and for bond silver 24s and 13 of the foresaid hens; for the foresaid lands of Wester Fairbarne, £4 10s for bonds and one of the foresaid reek hens; for the foresaid lands of Cumrie, 53s 4d, for bond 8s and one of the foresaid hens; for the foresaid lands of Artoun, £4 4s 4d and 12 bolls of barley, 12 bolls of oatmeal, six bolls of oats, two marts, two muttons and for bond silver 8s and eight of the foresaid hens and two loads of pine, 60 girthstings,† 60 loads of turf or sods commonly called fail as sufficient as the 100 loads of the foresaid fail of the land of Ardmannoch,† for the foresaid lands of Auchnaclerauch 43s 4d, one of the foresaid hens and as bond 4s, and for the foresaid fishing on the water of Conon, with its freedoms, privileges, advantages and foresaid services and dues of the same, 6s 8d as ferm, feu ferm, dues and due services for the foresaid lands, fishery and other things stated above, with their pertinents, included in our rental, to be paid annually as due and customary at the usual and customary payment terms, together with the sum of 10s in respect of increase of our rental; the male heirs of the foresaid Sir Andrew shall double the said feu ferms and dues of the foresaid lands, fishery and other things stated above, granted and leased to them in feu ferm as has been said, in the first year of their entry to them, as is the custom with feu ferm. Wishing for the good reasons mentioned above that Andrew Keith of Forsa, knight or aureate knight, should be promoted to such dignities and honours as we have judged him worthy of, we have elevated, created, unified, annexed and incorporated, as by the wording of the present charter we do unify, elevate, create, annex and incorporate, all and singly, the foresaid castle, lands, superiority, burgh ferms, fishery and other things stated above in detail, with any of their foresaid parts, pendicles, mills, woods, tenants, tenancies, services of freeholders into a free lordship and barony to be known as the lordship of Dingwall for all time to come, and we decree and ordain that the said Sir Andrew Keith and his male heirs specified in the said infeftment shall be known as lords and barons of Dingwall, with the entitlement to the place and dignity of one of our lords of parliament, in all our parliaments, congregations and other conventions with everything appropriate to them; we grant them in their entirety the rights, dignities and preeminences customary to a lordship of parliament, without prejudice to the dues contained in this present charter of ours and due to us. We ordain and establish that the said Dingwall Castle is the principal messuage of the said lordship, and on behalf of ourselves and our successors we will and ordain that a combined sasine at his foresaid castle of Dingwall (and this applies to his heirs) shall stand and shall for all time shall extend and shall be a sufficient sasine for, all and singly, the foresaid castle, wards, burgh ferms, lands, fishery and all their pendicles and pertinents, woods, groves, tenants, tenancies and services of freeholders and other things specified above, now as has been said created and incorporated as the lordship and barony of Dingwall, notwithstanding that the foresaid lands and other things specified above do not lie contiguously together, in respect of which, by the wording of our present charter, we make permanent dispensation. In testimony of this we have instructed that our great seal be applied to this present charter of ours. Witnesses were our beloved kinsman Colin [Campbell], earl of Argyll, lord Campbell and Lorne, our chancellor and justiciar general, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Robert [Pitcairn], commendator of our monastery of Dunfermline, secretary, Walter [Stewart], commendator of our priory of Blantyre, keeper of our privy seal, Alexander Hay of Easter Kennet, clerk of rolls of registry and the council, Sir Lewis Bellenden of Auchnoull, our clerk of justiciary, and Robert Scott, our director of chancellery. At Holyroodhouse, 18 March 1583 [1584], the 17th year of our reign.
[1584/5/55]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by William [Stewart], commendator of Pittenweem, captain of his highness's guard, for himself and in name of captains, other officers, gentlemen and soldiers who served under the regiment and charge in the wars of the Netherlands, to our sovereign lord and lords of his highness's parliament, making mention that where, by our sovereign lord's regents and council for the time, it being permitted and licensed to assist the Prince of Orange and estates of the said Netherlands in their wars, the said colonel, with his said captains and others above-written, willing to advance their cause after their power, passed to that effect out of his country to the said lands where they, for the most part, having served by the space of 10 or 12 years, have enduring the said space omitted no duty to the advancement of the said cause, profit of the said lands and contentment of the said estates, as the inhabitants thereof and estates' passport given to the said colonel will testify; and true it is that he doubts not it is not unknown, partly to our said sovereign lord and lords aforesaid, during the said space their persons have not been only subject to the hazard of the wars against their enemies, but likewise to the intolerable extremity of poverty and hunger in default of their wages acquired and due to them, through which the hurt sustained by them in loss of their own blood, slaughter of their friends, with other violences by their said enemies, may not be compared to that which has followed of their intolerable poverty proceeding of the causes aforesaid, through the which, beside the great number miserably dead therein, without any means of support, they have been forced to employ their credit at sundry merchants and others, their friends' hands, for diverse great sums of money to relieve their necessity; for the which they are daily molested and craved, as in like manner by the widows, bairns and kinsmen of sundry their friends and soldiers for the debt owing to them for their service made to the said estates under their charge; which they (albeit not ignorant that without help the same will tend to their wrack) in no way are able to support nor put remedy to by reason of non-receipt thereof, nor yet able to assist them with any part of the same in respect of the great debt owing to the said colonel and his said regiment, which will extend to the sum of 960,000 merks Scots or thereby, as their obligations and accounts respectively made by their commissary-depute by them to that effect particularly thereupon will testify; wherefore, in consideration of the premises, and that the said colonel this long time bygone in his regiment, as well by themselves as others in their names, has solicited and desired payment of their said debt duly acquired by them by their and their friends' blood, as likewise by spending so long time of their best years and has nor can obtain no contentment, as yet requesting therefore, most humbly, our said sovereign lord and lords aforesaid to deputise and direct a commissioner to the said estates, desiring them to make the said colonel and his regiment payment of the said debt resting owed as said is, or at the least of one part thereof for relief of their said creditors, help of the poor widows, fatherless bairns and others of the nation lamed, made impotent and crippled in their said wars; and likewise to give to them sufficient assignation for payment of the rest at reasonable terms, according to their obligations and contract respectively made with the said colonel thereupon, or else that the king's majesty and lords aforesaid will take such order thereto that they may be satisfied and a number of his grace's true and faithful subjects preserved from utter ruin and perdition, which they, without his majesty's and lords' favourable aid and assistance in the premises, cannot escape, as at more length is contained in the said supplication. Which being first seen and considered by the king's majesty and lords of his articles aforesaid, and thereafter by the lords estates in parliament, and they therewith being ripely advised, the king's majesty, with advice of the three estates of parliament, ordains a commission to be given to such honourable person or persons as the king's majesty, with advice of the lords of secret council, shall direct according to the instructions and form of commission that shall be given, wherein it shall be always eschewed that the king by his intercession for the debts contained in this supplication in favour of his subjects shall not affirm that the captains and soldiers serving the estates were sent by his commandment or allowance.
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†The which day our sovereign lord and his three estates continue [...]ment, with all actions and causes depending thereto or to be [...] same in the same force and effect as it is now, without prejudice of party [...] on 3 August coming and then the same to have process as appropriate.