On the third day of parliament
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Parliament of the most excellent prince James VI, held at Edinburgh on 22 August 1584 by the said supreme lord our king, being personally present 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, William Irving, marischal depute, and Mr John Arthur, sheriff depute of Edinburgh, and Andrew Lindsay, dempster, for the officers of parliament. The suits earlier called and the court fenced at the beginning of the said parliament.
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The king present.
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The which day, Master David MacGill of Nisbet [and Cranstoun-Riddel], advocate to our sovereign lord, exhibited and produced, likewise he did diverse times of before, the summons of treason underwritten, raised and pursued at the instance of our sovereign lord's highness's justice against Archibald [Douglas], earl of Angus, lord Douglas, etc., John [Erskine], earl of Mar, lord Erskine, Dame Agnes Drummond, countess of Mar, younger, Dame Annabella Murray, countess of Mar, elder, Master Thomas Lyon of Baldukie, master of Glamis, Dame Agnes Gray, lady Home, his spouse, Dame Margaret Lyon, countess of Cassilis, Dame Dorothea Stewart, countess of Gowrie, Adam [Erskine], commendator of Cambuskenneth, David [Erskine], commendator of Dryburgh, William [Erskine], commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, [...] Douglas, son and apparent heir to William Douglas of Bonkle, Robert Douglas, younger, of Lochleven, Laurence [Oliphant], master of Oliphant, John [Forbes], master of Forbes, Patrick Drummond, apparent of Carnock, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son and apparent heir, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of the Carse, Arthur Hamilton, called of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, apparent heir of Lyntusk, and James Murray of Pardowis, whereby they were summoned to compear before our said sovereign lord and his justice on 20 August 1584, with continuation of days, in his highness's parliament to have begun the said day, in the hour of cause, with continuation of days, to have answered upon the crimes and points of treason and lese-majesty underwritten contained in the said summons, and therefore to have heard them and each one of them decreed and declared to have incurred the said crimes specified therein for the causes underwritten, as at more length is contained in the said summons, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, John Ferguson, Robert Stewart, David Bryson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants etc., messengers, and to any of them jointly and separately, our sheriffs in that part. We order and instruct you to summon lawfully and peremptorily before witnesses the following: Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his wife, Annabella Murray, countess of Mar, elder, mother of the said earl, Thomas Lyon of Baldukie, master and tutor of Glamis, Agnes Gray, lady Home, his wife, Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William Erskine, commendator of Paisley, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, Patrick Drummond, apparent heir of Carnock, John Leslie of Balquhain, Master William Leslie, his brother, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, George Douglas of Parkhead, James Douglas and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son, William Carmichael of Rowantreecorse, William Cunningham, second-born son of the lord of Drumquhassle, Michael and William Elphinstone, brothers of Robert [Elphinstone], lord Elphinstone, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, William Lyon of Balgellie, John Livingstone of Dunipace, younger, Master John Colville, precentor of Glasgow, Master Patrick Whitelaw of Newgrange, Hugh Nisbet of Raschehill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, otherwise called Bannachie, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, Uchtred MacDowall of Garthland, Uchtred MacDowall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Corss, John, master of Forbes, John Arbuthnott, younger, of Lyntusk, Arthur Hamilton of Bothwellhaugh and James Murray of Pardoves; as conspirators, perpetrators and concealers of the following crimes of lese-majesty, in person if you can conveniently have their personal presence, otherwise at their dwelling places or by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Lanark, Dumfries, Stirling and other places as necessary where they spend time or live outwith our kingdom or having no fixed abode within it, at the said market crosses and other necessary places, on 60 days' warning if a summons of this kind could reasonably have reached their ears and notice, that that they should compear before us or our justice on 20 August next in our parliament at Edinburgh to be held on the [...] of the foresaid month at the hour for hearing causes, with continuation of days, to answer to us or our justice in the foresaid parliament regarding the following treasonable crimes, namely the foresaid earls Archibald, earl of Angus and John, earl of Mar, their accomplices and others specified above and any of them, in respect of their recent treasonable conspiracies and their execution in the following fashion: it is clearly established and known that in April in the year of the Lord 1578, immediately after our acceptance of the direction of power in our own person, after mature deliberation by our estates, and while we were remaining within our said castle of Stirling, which was at the time entrusted to our most loyal and beloved Alexander Erskine of Gogar - as warden, by the unanimous consent of our nobles and consuls, and who was sprung from the ancient and outstanding family of Erskine, and had been generally approved as worthy of this responsibility - the said John, earl of Mar, retaining nothing of his original loyalty with [...] settling by his decision, now seen as unworthy on account of the horrible crimes now committed by him, treasonably captured our said castle, [and] the said Alexander Erskine, its captain, was violently driven out and removed, with various other noble men who had been authorised by our council to remain with us for the stronger security of our person and the protection of the entire state; and that [was done with] the utmost force and violence exerted by the foresaid John, earl of Mar and David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William, commendator of Paisley, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, his accomplices, who suddenly removed our domestic servants at their will, and brought in other people related to them and of their faction, with the definite plan and deliberate intention to condemn us to subjection to them and detain us, and now as it seemed best to them promoted these people, and through their hatred pursued and oppressed our nobles and loyal lieges, and in this crime did not spare their blood and kin, some of whom, smitten by grief, met their death, and in the most atrocious shedding of the blood of our loyal people, had any restraint or modesty, especially within the gates of our said castle (while we were living in it), it and all the plain for four miles around it was always a stronghold of peace, an altar and asylum, and still is; the foresaid earl and his accomplices, wishing the treasonable crime to be approved as an honourable act, compelled the officers violently detained by them to set up and hold a parliament within the said castle in the month of July in the foresaid year; and they, by the method already mentioned, made themselves superiors and masters of this castle, and detained us imprisoned there, against the desire of our heart, with a garrison of armed men. This place has always been considered unsuitable for the holding of a parliament, since by the custom of our ancestors and observing ancient tradition parliaments are to be held in districts and towns which have free access and exit, where every one of the nobles and of the three estates of the realm can speak freely and cast votes, not in castles, citadels and fortresses, their vestibules, gates and doors surrounded on all sides by a garrison of armed soldiers despatched for this purpose by the said earl, allowing none of our nobles or estates to enter, and such was the host which accompanied him that access was opened up and allowed for his accomplices and the foresaid despatched band; even when protest had been delivered, in defiance of good order and a place where parliament is held, in which however he had achieved the approval, for himself and his forementioned accomplices, of his foresaid treasonable crime as a loyal service; and all of this was carried out to enhance the favour and advancement of such people who were the perpetrators of the unspeakable murder of [Henry Stewart, lord Darnley], our late dearest father; namely the late James [Stewart], formerly earl of Morton, and his other associates who were convicted of the same crime and properly suffered the due and accustomed death of traitors. Afterwards, on account of the common peace of the state and the risk to our security from the forementioned audacity, we embraced with benevolence our friend the said earl of Mar and with rewards and munificent largesse we, abundantly compensated, have enhanced his pristine dignity above other nobles, the more firmly and better to bind him to us and to the duty owed to us, with such loyalty and singular attentiveness as his late father and paternal uncle the forementioned Alexander Erskine and his other ancestors formerly treated us and our most noble ancestors, with constant extreme diligence; and yet he pursued nefariously and boldly another resolve against us and our intention, not listening to our frequently offered healthy advice, by which he could correct himself and abstain from treason of this kind; he at no time however desisted from further stirring up of sedition and fomenting disputes; influenced by this situation our loyal subjects gathered in arms, while our noble person was detained and imprisoned in the said castle, as if in a prison, by the said earl and his accomplices in the manner described above; as they learned in what condition we were and what health we were enjoying, they did not cease from endangering their lives and exposing themselves to death, for our safety and freedom. Therefore they assembled at Falkirk in August in the said year, at which time the said earls of Mar, Morton and Angus and their accomplices, detaining our noble person subject to their power in our castle as has been said, forced us against our will to direct proclamations to gather our lieges whereby through honest affection by which our said loyal subjects had been enticed for the regaining of our liberty, and by public proclamation, when other lieges of ours obediently gathered, the said earls and their accomplices did whatever they could to entice one part of our subjects to rush suddenly to arms to the extreme loss of the rest, and to bloody murder and to begin battle, so that the more easily this native land, our noble person, the public estate and the royal authority could become more vulnerable to a foreign race, and prey to its enemies, if it had not been the case that we, full of the singular wisdom of almighty God and the providence of the divinity granted to us, soon compeared and calmed the said turmoils and tumults which had been stirred up. Besides the said earls of Mar and Angus persevered in the treacheries they had embarked upon, and encouraged their accomplices in the same, particularly when the said late James, formerly earl of Morton, for art and part, his foreknowledge and concealment of the horrible and nefarious murder of our dearest father, informed on as complicit, thus being imprisoned in our castle of Edinburgh, and shortly thereafter ordered to be transported to our castle of Dumbarton, the foresaid Archibald, earl of Angus, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, George Douglas of Parkhead, and James and George Douglas, his sons, in a treasonable way, conspiring, working towards and implementing the violent taking and removal of the said late earl from the hands of our loyal subjects who had our commission to carry out their task, and that in January in the year of the Lord 1580 [1581], gathered with their accomplices ready for war next to the crag of Braid, with the intention and the certain plan to intercept, seize and by force of arms remove the said late earl; to this end they directed the late Archibald Douglas, formerly constable of the castle of Edinburgh, who recently suffered the death penalty, ordering him to indicate and inform the governor of the castle to detain the said late earl and keep him with him under observation. Meantime, our order to transfer him having clearly been given, as has been said, hence the said earl of Angus and his forementioned accomplices most manifestly committed the crimes of treason and lese-majesty, and on account of this and other treasonable crimes were deemed convicted and forfeit in our parliament held in Edinburgh in October in the year of the Lord 1581. However, the foresaid John, earl of Mar, clearly understanding that the said earl of Angus was in those circumstances, and that he had incurred for the forementioned reasons our indignation, none the less made his way into the castle of Stirling, received, treated in a welcome fashion, pacts, conspiracies and various consultations, and initiated their execution on his own account and deliberated regarding them, in great contempt of us, the whole land, and to the overthrow of the common peace; and thus, not yet satisfied, indeed persisting further, embarked not only on the total subversion of this realm but also on bringing peril to the royal security and authority. After, with the favour of God the greatest and best, our loyal and honourable kinsman the late Esme [Stewart], duke of Lennox, outstandingly overflowing with virtue and a sincere professor of religion, set out from his native France and made for here, on account of the incomparable dedication he showed towards us. In this, when he declared himself very loyal, upright and deferential, and honourably performed the duty of a loyal attitude, they, learning that they were guilty of the foresaid treason, crimes and conspiracies, and fearing that in the investigation and exposure of these the foresaid late noble lord duke would treat very seriously on account of our health and safety, and fearing that as a result of his assiduity and integrity the rest of the impact and force of their conspiracy would be held back, did not stop going ahead with it, until they treasonably conspired with the late William [Ruthven], formerly earl of Gowrie, lord Ruthven, to seize our noble person and hold it captive at his castle of Ruthven, and this on 23 August in the year of the Lord 1582. At that time, they approached our loyal and beloved councillors and other good lieges to enslave us and most cruelly attacked them to kill and murder them, and wounded them, then took captive some of the councillors and other loyal subjects of ours and put them under guard and removed office bearers, and against our will forced instructions from us to be given to our said late dearest and most loyal kinsman, and saw to his being banished with unheard of speed from the borders of this realm; they led our person, at their whim and desire, here and there, accompanied by a large band of their associates, over the space of the ten ensuing months, with the definite plan and deliberate intention to subject us in perpetuity to this kind of yoke of servitude and detain us, if it had not been the case that by the ineffable benevolence and help of the Omnipotent we had took ourselves away from there on 26 June last. These impious crimes now investigated and the unspeakable acts of treason exposed are most certain indications that they were from the beginning the instigators, defenders and promoters of those who in fact conspired, embarked on the plan, supported it, and perpetrated the most cruel murder of our late dearest father. For this reason indeed certain individuals suffered death condignly, as is prescribed. From the above-mentioned it is clearer than the midday sun that they maliciously and most treasonably always conspired against us, our safety, dignity, crown and royal authority. Nevertheless, we mildly exercised clemency, ineffable humanity and such modesty in regaining our freedom that not a single author of that treasonable captivity and imprisonment of ours was seen to have incurred or sustained the danger of death or loss of lands and goods. And so all the forementioned crimes and acts of treason most impiously committed by the said earls of Angus and Mar and their fellow criminals and conspirators named in detail above, because of our flourishing mercy and leniency partly, at the time, were masked by the granting of a pardon, and passed unavenged, and partly by the said parliament held in the said castle were approved as loyal service; otherwise by our natural clemency and mildness they were simply forgiven and committed to oblivion and were pardoned. It would be entirely appropriate for [even] a mountain to be stirred and roused by these merits and favours [given] to any loyal and dear subject, not to do everything by hands and feet so that in turn we might gain some advantage from his obedience and attentiveness towards us, but rather it was extremely necessary to oppose and struggle to the best of our strength against his shameful action and treasonable crime, which flew in the face of of us, our royal authority and our lieges. Nonetheless, disregarding and spurning all this, the foresaid Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his wife, Annabella Murray, countess of Mar, elder, mother of the said earl, Thomas Lyon of Baldukie, master and tutor of Glamis, Agnes Gray, lady Home, his wife, Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William Erskine, commendator of Paisley, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, Patrick Drummond, apparent heir of Carnock, John Leslie of Balquhain, Master William Leslie, his brother, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, George Douglas of Parkhead, James Douglas and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son, William Campbell of Rowantreecorse, William Cunningham, second-born son of the lord of Drumquhassle, Michael and William Elphinstone, brothers of Robert, lord Elphinstone, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, William Lyon of Balgellie, John Livingstone of Dunipace, younger, Master John Colville, precentor of Glasgow, Master Patrick Whitelaw of Newgrange, Hugh Nisbet of Raschehill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, otherwise called Bannachie, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, Uchtred MacDowall of Garthland, Uchtred MacDowall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Corss, John, master of Forbes, John Arbuthnott, younger, of Lyntusk, Arthur Hamilton of Bothwellhaugh and James Murray of Pardoves, together with their accomplices and supporters, from their causation, direction, instigation, approval, orders assistance and support, persevering in their treasonable plans and their executions which they undertook against us, our royal person and authority and the royal crown, in the months of November, December, January, February, March and April past, most treasonably communicated, treated, consulted and plotted, and by the agency of certain people eventually decided, with the foresaid late William, formerly earl of Gowrie, on the unspeakable and treasonable action of intercepting and laying violent hands on our noble person so that we would once more, in a familiar fashion, and by their power and scrupulousness, be totally subject to their will and whim. Accordingly, in order to lay bloody hands on our person and those of our noble councillors and the ruin of loyal subjects, the complete overthrow of the state and subversion of our authority, at length after many private conspiracies, sending and receiving of letters from here and there, intelligence received through messengers, the more easily to put their treasonable and nefarious conspiracies into effect, at length the foresaid conspirators and their accomplices, on 17, 18, 19, 20, 21, 22, 23, 24 and 25 April last gathered in arms, attacked our free burgh of Stirling and took it, took captive the bailies and magistrates of the same, strongly fortified the bridge, bell tower and various other parts of the said burgh, summoned mercenaries, and close to the south fortifications opened up an easy route through adjacent walls, and next to the school built a wall of stones and rocks, part of which remains undismantled, and attacked our castle of Stirling strenuously and with extreme force, and forced a few of our loyal lieges guarding it to abandon it and give themselves up; they then committed them to very close custody as prisoners; John Gledstanes, Ormond herald, and other messengers of ours who were directed to proclaim our letters in public at the square of our said free burgh, they stopped these letters being duly put into effect and violently took them from them and made them public proclamations for the hiring of mercenaries, expressly contrary to the statutes of parliament and in clear violation of the law. Nor were they sated and satisfied with the perpetration of all these crimes; they stocked our foresaid castle of Stirling with armed men, war supplies and food supplies, and strenuously fortified it, with the definite plan and resolve to hold and defend it tenaciously and treasonably against us and our royal authority. Deservedly moved by this situation, we sedulously mustered an army to attack and retake the said castle and burgh, and we proceeded diligently. Hence, having committed boldly and rashly the crime of extreme treason and lese-majesty, and in great contempt of our authority and in violation of the law, and thus for their treasonable concealment and hiding of the foresaid conspiracy, their consultation, decision, contract and execution of the same, [in respect of the following people], Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his wife, Annabella Murray, countess of Mar, elder, mother of the said earl, Thomas Lyon of Baldukie, master and tutor of Glamis, Agnes Gray, lady Home, his wife, Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, David Erskine, commendator of Dryburgh, Adam Erskine, commendator of Cambuskenneth, William Erskine, commendator of Paisley, John Carmichael of that Ilk, younger, Hugh Carmichael, his son, Patrick Drummond, apparent heir of Carnock, John Leslie of Balquhain, Master William Leslie, his brother, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, George Douglas of Parkhead, James Douglas and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son, William Carmichael of Rowantreecorse, William Cunningham, second-born son of the lord of Drumquhassle, Michael and William Elphinstone, brothers of Robert, lord Elphinstone, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, William Lyon of Balgellie, John Livingstone of Dunipace, younger, Master John Colville, precentor of Glasgow, Master Patrick Whitelaw of Newgrange, Hugh Nisbet of Raschehill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, otherwise called Bannachie, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, Uchtred MacDowall of Garthland, Uchtred MacDowall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Corss, John, master of Forbes, John Arbuthnott, younger, of Lyntusk, Arthur Hamilton of Bothwellhaugh and James Murray of Pardoves - by ourselves and by the three estates of our realm it has been decreed and decide that they, and any of them, as conspirators, traitors, and perpetrators, should be seen and heard, and have incurred a charge of lese-majesty, in respect of the foregoing, also for the aforesaid and for very many other acts of rebellion and transgression, and treasonable crimes, committed impiously and nefariously by the forenamed persons, against us, our kingdom and our royal authority; also that they should present and show themselves on the said day and in the said place, with continuation of days, in obedience to the law. Further, they should await and subject themselves to our justice and that of our parliament, following the laws of our realm, namely the said persons who were conspirators, traitors and concealers, and any of them respectively, of the foresaid crimes, for seeing and hearing, themselves and any of them, on the basis of the foregoing, it is decreed and declared by us and by the decree of the three estates of our realm that they have incurred the charge of lese-majesty. For that reason their goods, movable and immovable, lands and offices and everything else relating to them is confiscated by us and in perpetuity remains our property, and their persons suffer the penalty of treason and of the ultimate punishment imposed by the laws of our realm; and further it is intimated to the foresaid conspirators and to any of them that they must answer these charges and obey the law, whether they compear on the said day and in the said place with continuation of days, or not, we and our said justice shall proceed in regard to the foregoing in line with justice. Further, you shall cite etc. to compear before us or our justice on the said day and in the same place with continuation of days, in order to provide faithful testimony in the foresaid case, under pain of the law, and you are to render this letter, duly executed and endorsed to its bearer. You who have had writs served on you in person are to be on the said day and in the same place, in the presence of us or our said justice, bearing with you written proof of your summons, or witnesses themselves. To carry this out we give authority to you, and any of you, our sheriffs in that part. Given under testimony of our great seal, in Edinburgh on 25 May in the year of the Lord 1584 and in the seventeenth year of our reign.
Here follows the executions and endorsements of the said summons on 8 June 1584, I, Richard Binning, messenger, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters given under the testimonial of his great seal to the market cross of Edinburgh, being the head burgh of this realm, and there, by open proclamation, I, lawfully and peremptorily summoned, warned and charged Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon of Baldukie, tutor of Glamis and master thereof, Dame Agnes Gray, lady Home, his spouse, Dame Margaret Lyon, countess of Cassilis, his sister, Dorothea Stewart, countess of Gowrie, Adam [Erskine], commendator of Cambuskenneth, David [Erskine], commendator of Dryburgh, William [Erskine], commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, Master William Leslie, his brother, Michael and William Elphinstone, brother to Robert [Elphinstone], lord Elphinstone, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son and apparent heir, Robert Douglas, younger, of Lochleven, Laurence [Oliphant], master of Oliphant, John [Forbes], master of Forbes, William Cunningham, son to the laird of Drumquhassle, Patrick Drummond, apparent heir of Carnock, John Livingstone, younger of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of Carse, Arthur Hamilton of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, son to James Arbuthnott of Lyntusk, James Murray of Pardowis as persons fugitive from the laws and out of the realm. And likewise on 18 June 1584, I peremptorily and lawfully summoned Dame Margaret Lyon, countess of Cassilis, personally apprehended, and delivered to her a just copy hereof, the said whole persons above-written to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh the said day and month, to answer to his highness or his justice upon the treasonable crimes within contained, after the form and tenor hereof in all points, whereof I affixed a just copy on the said market cross of Edinburgh. And this I did before these witnesses: Lewis Thornton, Robert Fraser, John Fraser, messengers, and Allan Denis, my servant, with diverse others. For the more verification hereof, to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, Richard Binning.
†I, John Brown, messenger, another of the sheriffs in that part within specially constituted, passed, at command of these our sovereign lord's letters, given under the testimonial of his majesty's great seal, to the market crosses of the burghs respectively after-specified, upon the days respectively following, namely, on 11 June 1584 to the market crosses of Cupar in Fife and Kinross, on 12 June 1584 to the market cross of Perth, on June 1584 to the market cross of Forfar, on 15 June 1584 to the market cross of Aberdeen, on 17 June 1584 to the market crosses of Banff and Elgin, on 19 June 1584 to the market cross of Inverness, and at the said crosses respectively lawfully summoned, warned and charged Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon, tutor of Glamis, Agnes Gray, lady Home, his spouse, Dorothea Stewart, countess of Gowrie, Adam Erskine, commendator of Cambuskenneth, David Erskine, commendator of Dryburgh, William Erskine, commendator of Paisley, Robert Erskine, apparent heir of Little Sauchie, Master James Erskine, his brother, John Leslie of Balquhain, Master William Leslie, his brother, Michael Elphinstone, brother to Robert [Elphinstone], lord Elphinstone, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas of Bonkle, William Douglas, his son and apparent heir, Robert Douglas, younger, of Lochleven, Laurence [Oliphant], m[aster of][Oli]phant, John [Forbes], master of Forbes, Patrick Drummond, apparent heir of Carnock, John Livingstone, [younger], of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Car[michael] of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, John Leslie of Auquhorties, Uchtred MacDougall of Garthland, Uchtred MacDougall, his son and apparent heir, James Hamilton of Haggs, Robert Hamilton of Carse, Arthur Hamilton of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, son to James Arbuthnott of Lyntusk, James Murray of Pardowis, and that by open proclamation, as persons being fugitive from the law and out of the realm. And likewise at command aforesaid I passed on 11 June 1584 to the place of Newhouse, where the said Robert Douglas, younger, of Lochleven lived and made residence, on 12 June 1584 to the dwelling houses in Perth where the said Dorothea Stewart, countess of Gowrie and Master Patrick Whitelaw of Newgrange made their residence, to the place of Monzie where the said Patrick Drummond, younger, of Carnock lived and made residence, on 13 June 1584 to the place of Newtyle where the said Laurence [Oliphant], master of Oliphant lived and made residence, to the place of Glamis where the said Thomas Lyon, master and tutor of Glamis and Agnes Gray, lady Home, his spouse, lived and made their residence, to the place of Cossins [where] the said John Lyon, younger, of Cossins made residence, on 14 June 1584 to the place of Easter Ogil where the said James Lyon made his residence, on 16 June 1584 to the place of Auquhorties where the said J[ohn] Leslie of Auquhorties, alias Bannachy, made his residence, to the place of Balquhain where the said John Leslie of Balquhain and Master William Leslie, his brother, lived and made their residence, to the place of Pettochie where the said John [Forbes], master of Forbes lived and made residence, to the place of Lyntusk where the said John Arbuthnott made residence. After I had duly and sundry times knocked at the gates of the said places respectively, according to the act of parliament made thereupon, and affixed and left a just copy on each one of the said gates, and there I lawfully and peremptorily [summoned]† the said persons in manner above-specified. And also on 10 and 14 June 1584, I lawfully summoned William Elphinstone, brother to Robert, lord Elphinstone, and William Lyon of Balgillie, both personally apprehended, and delivered to each one of them a just copy, the whole persons particularly above-written to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh, the [...] day of the said month, to answer to his highness or his justice in the said parliament upon the treasonable crimes within contained, after the form and tenor of these letters in all points, whereof I affixed an authentic copy on each one of the said crosses respectively. This I did before these witnesses respectively, Andrew Moody, James Aikman, John Henryson, Andrew Stoup, James Brown, John Ga, George Sully, John Garvie, William Spaden, Gilbert Guthrie, Alexander Knows, William Murray, William Duncan, Alexander Cu[...], John Horn, John Brown, and John Cunningham, with diverse others. For the more [veri]fication hereof, my signet is hereto affixed and subscribed with my hand. It is thus subscribed, John Brown, messenger, with my hand.
†I, William Forsyth, messenger, another of [...] sheriffs in that part within constituted, passed at command of these our sovereign lord's letters, given under the testimonial of his great seal, to the market crosses of the burghs [ther]eafter specified on the days respectively following, namely, on 12 June 1584 to the market cross of Stirling, on 14 June 1584 to the market cross of Renfrew and Glasgow respectively, on 15 June 1584 to the market cross of Lanark, on 18 June 1584 to the market cross of Dumfries, on 19 June 1584 to the market cross of Wigtown, and at the said crosses respectively I lawfully summoned, warned and charged Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon, tutor and master of Glamis, Agnes Gray, lady Home, his spouse, Dorothea Stewart, countess of Gowrie, Adam, commendator of Cambuskenneth, David, commendator of Dryburgh, William, commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, Master William Leslie, his brother, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas, son to William Douglas of Bonkle, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, John, master of Forbes, Patrick Drummond, apparent heir of Carnock, John Livingstone, younger, of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of Carse, Arthur Hamilton of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, James Murray of Pardowis, John Arbuthnott, younger, of Lyntusk, and that by open proclamation, as persons being fugitive from the laws and out of the realm. And likewise, at command aforesaid, passed on 12 June 1584 to the place of Alloway where the said John, earl of Mar, Agnes Drummond, his spouse, Master James Erskine and Patrick Home of Argaty, his servants, lived and made their residence, to the place of Cambuskenneth where the said Adam Erskine, commendator thereof, lived and made his residence, to the dwelling house in Stirling where the said Annabella Murray, countess of Mar and Master John Colville, chanter of Glasgow, lived and made their residences respectively; on 13 June 1584 to the place of Cardross where the said David Erskine, commendator of Dryburgh, lived and made his residence, to the place of Dunipace where the said John Livingstone, younger, of Dunipace lived and made his residence; on 14 June 1584 to the place of Paisley where the said William Erskine, commendator thereof, made his residence; on 15 June 1584 to the place of Haggs where the said James Hamilton of Haggs made his residence; on 16 June 1584 to the place of Todholes where the said James Douglas of Todholes lived and made his residence, to the place of Carmichael where the said John Carmichael, younger, and Hugh Carmichael, his son, made their residence, to the place of Parkhead where the said George Douglas of Parkhead, James and George Douglas, his sons, lived and made residence, to the place of Douglas where the said Archibald, earl of Angus lived and made residence, to the place of Glaspen where the said John Douglas lived and made residence, to the place of Rowantreecorse where the said William Carmichael thereof made his residence; on 22 June 1584 and 24 June 1584 respectively, lawfully summoned William Cunningham, second son to the laird of Drumquhassle, personally apprehended, and delivered to him a just copy hereof. And after I had duly knocked at the gates of the said places respectively, according to the act of parliament, I affixed and left a just copy on each one of the said gates, and likewise I lawfully and peremptorily summoned the whole persons respectively above-written to compear before our said sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh the same day of the said month, to answer to his highness or his justice in the said parliament upon the treasonable crimes contained in these our sovereign lord's letters, after the form and tenor thereof in all points, whereof I affixed a just copy on each one of the said crosses respectively. This I did before these witnesses, John Miller, John Knox, Thomas Muir and Martin Gray, with diverse others. And for the more verification hereof to this my execution subscribed with my hand, my signet is affixed. It is thus subscribed, William Forsyth, messenger, with my hand.
I, John Adie, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters under the testimonial of the great seal to the market crosses of the burghs after-specified, upon the days respectively following, namely, on 12 June 1584 to the market cross of Haddington, on 14 June 1584 to the market crosses of Duns and Lauder respectively, on 15 June 1584 to the market crosses of Jedburgh and Selkirk respectively, and at the said crosses respectively lawfully summoned, warned and charged Archibald, earl of Angus, John, earl of Mar, Agnes Drummond, countess of Mar, his spouse, Annabella Murray, countess of Mar, his mother, Thomas Lyon, master and tutor of Glamis, Agnes Gray, lady Home, his spouse, Adam, commendator of Cambuskenneth, David, commendator of Dryburgh, William, commendator of Paisley, Master James Erskine, John Leslie of Balquhain, Master William Leslie, his brother, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas, son to William Douglas of Bonkle, Robert Douglas, younger, of Lochleven, Laurence, master of Oliphant, John, master of Forbes, Patrick Drummond, younger, of Carnock, John Livingstone, younger, of Dunipace, John Carmichael, younger, of that Ilk, Hugh Carmichael, his son, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, James Hamilton of Haggs, Robert Hamilton of Carse, Master John Colville, Master Patrick Whitelaw, John Arbuthnott and James Murray of Pardowis, and that by open proclamation, as persons fugitive from the laws and out of this realm. And likewise at command aforesaid, I passed on 12 June 1584 to the place of Fenton, where the said John Carmichael, younger, and Hugh Carmichael, his son, lived, and made their residence, to the place of Tantallon where the said Archibald, earl of Angus, Hugh Nisbet, John Carmichael and Hugh Carmichael, his servants and defenders, lived and made residence, to the place of Cockburnspath where the said Earl of Angus and his servants and defenders aforesaid lived and made their residence; on 13 June 1584 to the place of Ayflie where the said William Douglas, son to the said William Douglas of Bonkle, lived and made his residence, to the place of Dunglass where the said Thomas Lyon, master of Glamis and Agnes Gray, lady Home, his spouse, lived and made their residence, to the place of Raschill where the said Hugh Nisbet made his residence; on 15 June 1584 to the place of Dryburgh where the said David Erskine, commendator thereof, made his residence. After I had duly knocked at the gates of the said places respectively, according to the act of parliament above-mentioned, I affixed and left a just copy on each one of the said gates respectively, and there I lawfully and peremptorily summoned the said persons in manner before written to compear before our sovereign lord and his justice on 20 August 1584, in the hour of cause, with continuation of days, in his highness's parliament to be held at Edinburgh the said day, to answer to his highness or his justice upon the treasonable crimes contained in the said letters and after the form and tenor of the same in all points, whereof I affixed a just copy upon each one of the said market crosses respectively. This I did before these witnesses, John Calder, John Buckham, Alexander Henryson, Paul MacGie and James Tarbat, with diverse others. And for the more verification hereof to this my execution subscribed with my hand, my signet is affixed. It is thus subscribed, John Adie, messenger, with my hand, on 9 July 1584.
I, John Fraser, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters, under the testimonial of his great seal, and lawfully summoned, warned and charged Arthur Hamilton of Bothwellhaugh at his dwelling place thereof, where he lived and made his actual residence. After I had knocked sundry times at the gate thereof, I affixed a just copy of these letters upon the same, and likewise, for the more abundance that he should pretend no ignorance of this my lawful warning, that same day passed to the market cross of Lanark, being the head burgh of the shire within the which the said Arthur dwells, and there, by open proclamation, lawfully summoned, warned and charged the said Arthur to compear before our sovereign lord and his justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament, to be held at Edinburgh on [...] August upon the treasonable crimes within contained, after the form and tenor hereof in all points, whereof I affixed a copy on the said cross. This I did before these witnesses, Thomas Fleming in Clydeside and Thomas Henshaw, younger, in Netherton, with diverse others. For the more verification, my signet is hereto affixed, on 9 July 1584.
I, John Wood, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and searched and sought Agnes Gray, lady Home at her dwelling house in Dundee, after I had duly knocked at the gate thereof, according to the act of parliament, and affixed a copy upon the hall door of the same; and that same day I passed to the market crosses of Dundee and Forfar respectively, and there, by open proclamation, I lawfully summoned, warned and charged the said Lady Home to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament, to answer to his highness and his justice upon the treasonable crimes therein contained, after the form and tenor of these letters in all points, whereof I affixed a just copy on each one of the said crosses before these witnesses, Alexander Rutherford and Matthew Bruce, with diverse others. And for the more verification hereof to this my execution subscribed with my hand, my signet is affixed.
Which summons, with the executions and endorsements thereof respectively aforesaid, being read first in presence of the lords commissioners of parliament on the said 20 August 1584 and likewise on 21 August 1584 thereafter, specially deputed by his highness's commission for holding thereof, first in Latin and thereafter in Scots, and the whole persons, defenders above-written, being diverse and sundry times called at the tolbooth window to have compeared and answered to the said summons, and none of them compearing (excepting the said Dame Annabella Murray, countess of Mar, elder, Dame Agnes Drummond, countess of Mar, younger, Dame Dorothea Stewart, countess of Gowrie), the said advocate, for verification and probation of the aforesaid executions and endorsements of the said summons, repeated the acts made on 20 and 21 August 1584, as the same shown and produced before the king's grace and three estates of this present parliament comported; and likewise thereafter the aforesaid whole persons, defenders, being of new often called at the said tolbooth window to have compeared before the said lords of articles and defend the said summons the aforesaid on 20 and 21 August 1584 respectively, with continuation of days, and they being often called and not compearing (excepting as said is), the said advocate desired the said lords of articles' declaration if the reasons of the said summons were relevant or not, who then declared the same to be relevant on the said 21 August; at the which time, the said advocate produced the whole writs and repeated the whole probations contained in the act made the day aforesaid in presence of the lords of articles, for probation of the said summons, which lords of articles thereafter found the said summons sufficiently proven against the persons underwritten, and in similar manner the said whole summons, with the executions and endorsements thereof, being read both in Scots and Latin in presence of the king's grace and three estates of this present parliament, and the aforesaid whole persons, defenders, being of new called, as of before, sundry times at the said tolbooth window, and none of them compearing (excepting as said is), and the whole writs and other probations produced by him the day immediately of before, which he now likewise produced and repeated the same to our said sovereign lord and three estates aforesaid for proving of the points and articles contained in the said summons, and therefore desired further process in the said cause; and thereafter the said summons, with the probations aforesaid, being first seen, considered and advised by the said lords of articles and now presently by the king's grace and three estates of this present parliament, who find and declare that the whole reason of the said summons are relevant and sufficiently proven against the persons particularly underwritten and each one of them for their own part, and ordain doom to be pronounced and given thereupon by the mouth of Andrew Lindsay, dempster of this present parliament, deputed and sworn thereto of before, of the which doom the tenor follows, pronounced by the said Andrew Lindsay:
This court of parliament shows for law that the said Archibald, earl of Angus, John, earl of Mar, Dame Agnes Drummond, countess of Mar, younger, Master Thomas Lyon of Baldukie, master of Glamis, Dame Margaret Lyon, countess of Cassilis, Dame Dorothea Stewart, countess of Gowrie, Adam, commendator of Cambuskenneth, David, commendator of Dryburgh, William, commendator of Paisley, Master James Erskine, brother to Robert Erskine, apparent heir of Little Sauchie, John Leslie of Balquhain, George Douglas of Parkhead, James and George Douglas, his sons, James Douglas of Todholes, John Douglas of Glaspen, William Douglas, son and apparent heir to William Douglas of Bonkle, Patrick Drummond, apparent heir of Carnock, John Carmichael of that Ilk, Hugh Carmichael, his son and apparent heir, William Carmichael of Rowantreecorse, John Lyon, younger, of Cossins, James Lyon of Easter Ogil, Hugh Nisbet of Raschill, Patrick Home of Argaty, John Leslie of Largie, Robert Hamilton of Carse, Arthur Hamilton, called of Bothwellhaugh, Master John Colville, chanter of Glasgow, Master Patrick Whitelaw of Newgrange, John Arbuthnott, apparent heir of Lyntusk, and James Murray of Pardowis, and every each one of them has committed and incurred the crimes of treason and lese-majesty in the whole points and articles contained in the said summons bearing as is above-written; and therefore decrees and declares all their goods, moveable and unmoveable, as well lands as offices and others whatsoever belonging to them, to be confiscated to our said sovereign lord and remain perpetually with his highness in property forever, and these persons to underlie the pain of treason and last punishment appointed by the laws of this realm, and this I give for doom. Upon the which declaration and pronunciation aforesaid the said advocate asked instruments.
The which day the king's grace and three estates of this present parliament continue that part of the summons of treason duly executed and endorsed, pursued by his highness's justice and advocate, against Dame Annabella Murray, countess of Mar, elder, Dame Agnes Gray, lady Home, spouse to the said Master Thomas Lyon of Baldukie, master of Glamis, Laurence, master of Oliphant, John, master of Forbes, Robert Douglas, younger, of Lochleven, younger, and James Hamilton of Haggs, touching the decreeing of them to have incurred the crimes of treason and lese-majesty for the cause specified in the said summons, as at more length is contained therein, in the same form, force and effect as it is now, without prejudice of party, until 20 September 1584, with continuation of days; and that further process to be had therein, at the which day ordains the said advocate to produce such writs, rights, reasons, documents and probations as he has or will use for proving of the said summons again the said day, so far as concerns their parts thereof; whereupon the said advocate asked instruments.
[1584/5/72]*[print] [email] [cite] [preceding] [following]
The which day Master David MacGill [of Nisbet and Cranstoun-Riddel], advocate to our sovereign lord, exhibited and produced, likewise he did sundry times of before, the summons of treason underwritten, raised and pursued at the instance of our sovereign lord and his highness's justice against John Ross of Craigie, as brother and apparent heir or successor to the late James Ross of Pittheveles, whereby he was summoned to have compeared before the king's majesty and his estates on 20 August 1584, with continuation of days, in his highness's parliament to have begun the said day, in the hour of cause, with continuation of days, to have answered upon the points of treason and lese-majesty underwritten contained in the said summons, committed by his said late brother, and therefore the said John to have heard that the said late James committed the crime of treason in his lifetime for the cause underwritten, etc., as at more length is contained in the said summons, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, John Ferguson, Robert Stewart, Archibald Douglas, David Bryson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants, Richard Binning, John MacLaren etc., messengers, and any, jointly and singly, of the sheriffs in that part. We order and instruct you to summon lawfully and peremptorily before witnesses John Ross of Craigie, full brother and apparent heir or successor of the late James Ross of Pittheveles, in person if you can conveniently have his presence, otherwise at his dwelling place, plus others and anyone having an interest or claiming one, by public proclamation at the market crosses of our burghs of Edinburgh, Perth and other places as necessary, in such a way that a summons of this kind could reasonably reach their ears, to compear before us or our justice on 20 August next, at the hour of cause, with continuation of days, in our parliament to be held in Edinburgh on the [...] of the same month, to answer to us or our justice in the foresaid parliament, for seeing and hearing, by ourselves and by the decree of the three estates of our realm, that it has been decreed and an opinion has been decided that the said late James Ross of Pittheveles has committed the crime of lese-majesty in his lifetime, on account of his treasonable art and part, support, advice, help and assistance which he offered and demonstrated, in that nefarious conspiracy with the late William [Ruthven], formerly earl of Gowrie, lord Ruthven, in their treasonable kidnap and laying of hands upon our person at his castle of Ruthven on 23 August in the year of the Lord 1582, and hence on account of his foreknowledge, hiding and concealment of the same conspiracy, when the said late William, formerly earl of Gowrie, John [Erskine], earl of Mar, Master Thomas Lyon of Baldukie, master and tutor of Glamis, and the foresaid late James Ross, with various other accomplices of theirs, treasonably embarked on a plot, finally decided and put into effect that nefarious and treasonable crime of apprehending our noble person at Ruthven at the foresaid time. In that castle they violently detained and guarded us, against our will and wish, over the space of several days and nights, thereby committing the crime of high treason. At the same time they attacked, with a view to maiming and killing them, our loyal and beloved councillors and other good lieges who approached in their zeal to serve us, and most cruelly wounded them, and then also took prisoner certain of our councillors and other loyal subjects and put them in custody, removed the ordinary soldiers of our guard and in defiance of us ordered instructions of ours to be addressed to Esme [Stewart], duke of Lennox, that he should leave as soon as possible, and saw to his being expelled from the borders of this realm with unheard of speed. They led our person constantly hither and thither, accompanied by a large band of their associates over the space of the ten months following, with the most definite plan and deliberate intention to subject us in this way to a perpetual yoke of slavery, and detain us, but for the fact that with the ineffable help and benevolence shown to me by the Almighty we took ourselves away from there. Thus they committed most manifestly the crimes of treason and lese-majesty against our royal authority and in open violation of law. Accordingly, for seeing and hearing, it is decided that the name, memory and title of the said late James Ross of Pettheveles are and shall be extinguished, and that his arms and insignia are deleted and cancelled from the book of arms and nobility, and so his descendants shall be unable and incapable of enjoying offices and honours in this kingdom. All his goods, lands and offices are confiscated and henceforth remain with us as property, while intimating to the above-mentioned John Ross of Craigie, his brother and heir, or forenamed successor and to any others who have an interest, that whether they compear or not on the said day and in the said place, with continuation of days, we and our justice will proceed according to justice. You are to render the present writ duly executed and endorsed to its bearer, and those of you who have been served with the writ are to be there on the said day and in the said place before us or our justice, bearing with you written evidence of your summons in relation to the foregoing, or witnesses themselves. In order to carry this out we give you, our sheriffs in that part and any of yours, authority, jointly and separately. At Edinburgh on 24 June in the year of the Lord 1584 and in the seventeenth year of our reign.
Here follows the executions and endorsements of the said summons on 2 July 1584:
I, John MacLaren, messenger, one of the sheriffs in that part within specially constituted, passed at command of these our sovereign lord's letters and in his highness's name and authority lawfully and peremptorily summoned, warned and charged John Ross of Craigie, brother and apparent heir or successor to the late James Ross of Pittheveles, personally apprehended, and delivered him a just copy hereof; who received the same to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh upon the [...] August, to hear and see it be decreed, by decreet of the three estates of this realm, the said late James Ross, his brother, to have committed treason in his lifetime as is at length within written, and therefore to hear his name, memory and fame extinguished for ever. This I did before these witnesses, John Marshall, messenger, William Shepherd, my servant, and Andrew Tyrie, son to William Tyrie, elder, of Busby. And for the more verification hereof to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, John MacLaren, messenger, with my hand, on 25 June 1584.
I, Richard Binning, messenger, one of the sheriffs in that part within specially constituted, passed to the market cross of Edinburgh at command of these our sovereign lord's letters and there, by open proclamation, lawfully and peremptorily summoned, warned and charged John Ross of Craigie, brother and apparent heir or successor to the late James Ross of Pittheveles, and all and sundry others having or pretending interest in the matter within written, to compear before our sovereign lord and his highness's justice on 20 August 1584, in the hour of cause, with continuation of days, in his majesty's parliament to be held at Edinburgh on [...] August, to hear and see it be decreed, by decreet of the three estates of this realm, the said late James Ross of Pittheveles to have committed treason in his lifetime, as is at length within written, and therefore to hear his name, memory and fame for ever extinguished and his lands to remain perpetually with his highness. This I did before these witnesses, Lewis Thornton, Robert Fraser, messengers, Allan Dennis, with diverse others. For the more verification to this my execution subscribed with my hand, my signet is affixed. It is thus subscribed, Richard Binning.
Which summons, with the executions and endorsements thereof, being read first in presence of the lords commissioners of parliament on the said 20 August and likewise on 21 August thereafter, specially deputed by his highness's commission for holding thereof, first in Latin and thereafter in Scots, and the said John Ross of Craigie compearing, who was content trial be taken upon the points of the said summons, the said advocate, for verification and probation of the aforesaid executions and endorsements of the said summons, repeated the acts made the said 20 and 21 August 1584, as the same shown and produced before the king's grace and lords of articles purporting; and thereafter, the said summons, with the probations aforesaid, being first seen, considered and advised by the said lords of articles, and now presently by the king's majesty and three estates of this present parliament, who find and declare that the whole reason of the said summons is relevant and sufficiently proven against the said late James Ross, and therefore ordain doom to be pronounced and given thereupon by the mouth of Andrew Lindsay, dempster of this present parliament, deputed and sworn thereto of before, of the which doom the tenor follows, pronounced by the said Andrew Lindsay:
This court of parliament shows for law that the said late James Ross of Pittheveles committed the crime of lese-majesty in his lifetime in the whole points and articles contained in the said summons bearing as is above-written, and therefore decrees and declares the said late James's name, memory and honours to be extinct and his arms to be riven forth and deleted out of the book of arms, so that his posterity never have place nor be able hereafter to possess or enjoy any office, honours or dignities within this realm in any time coming, and all his goods, lands, offices to be confiscated and remain perpetually with his highness in property for ever, and this I give for doom; whereupon the said advocate asked instruments.
The which day John Ross of Craigie protested that whatsoever thing done this instant day against the late James Ross of Pittheveles, his brother, prejudice not him concerning his lands, reversions, rooms, possessions, steadings and rights whatsoever pertaining to his said late brother, and specially concerning the lands of Pittheveles and the reversion thereof which he has of the same, in respect he has ever remained at all times past our sovereign lord's true liege and subject and knew nothing of his said late brother's doings nor proceedings; and thereupon asked instruments.
[1584/5/73]*[print] [email] [cite] [preceding] [following]
The which day the king's grace and three estates of this present parliament continue the summons of treason executed and endorsed, pursued at the instance of his majesty, his highness's justice and Master David MacGill [of Nisbet and Cranstoun-Riddel], his highness's advocate, against Oliver Peebles of Chapelhill, Jean Thornton, his spouse, and James Marshall of Pitcairns, touching the decreeing of them to have committed and done certain points of treason and lese-majesty, as at more length is contained in the said summons raised thereupon in the same form, force and effect as it is now, without prejudice of party, until 20 September 1584, with continuation of days, and then further process to be had therein as appropriate; at the which day, ordain the said advocate to produce such writs, rights, reasons, documents and other probations which he has or will use for proving of the points of the said summons against them again the said day; whereupon the said advocate asked instruments.
[1584/5/74]*[print] [email] [cite] [preceding] [following]
The which day 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 committers of treason, and upon consideration how rigorously the same has been punished in time past, as by diverse acts and constitutions made in his own time and in the days of his most noble progenitors more largely may appear, 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 all clauses, points and articles of the same concerning the persons standing under the sentences of forfeiture specified in the said acts, especially the act made in his highness's last parliament for disinheriting of the posterity of [William Ruthven], earl of Gowrie, and further decrees and ordains the said acts to have full execution and force against the bairns whatsoever, natural or lawful, engendered and begotten of the persons convicted and forfeited in this present parliament as culpable of art and part of the said treasonable rebellion and insurrection attempted at Stirling in the month of April 1584, and that they, nor none of them, shall be able in any time coming to possess, enjoy or claim any lands, heritages, benefices, rooms, possessions, honours, dignities or offices within this realm, howsoever or whensoever the same were conquest and provided to them before the date hereof, and that they are, and shall be, unable to succeed to others in any lands, heritages or possessions in whatsoever manner of way, and that all and sundry lands, heritages, benefices, rooms and possessions whatsoever, to the which the bairns of the said posterity presently have or may pretend right to the which they or any of them may succeed hereafter, do† and shall appertain to our said sovereign lord and his successors by full right, and that his highness may freely convey thereupon in the same manner and by all things as if the said persons presently forfeited the time they were convicted of the said crimes of treason had themselves been in title thereof, and that the benefices, if any be possessed by the said bairns of the said posterity, are presently vacant 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.
[1584/5/75]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, with advice of his estates in his late parliament held at Edinburgh on 22 May 1584, has made sundry good and godly constitutions, as well for the preservation of his majesty's authority royal as for the good and policy of the kirk, therefore, and to the effect an uniform order may be observed specially amongst the ministry of God's word, it is statute and ordained by our said sovereign lord, with advice aforesaid, that all beneficed men, ministers, readers, masters of colleges and schools being required by their ordinary bishop or commissioner shall subscribe the promise and obligation underwritten: We, the beneficed men, ministers, readers and masters of colleges and schools underwritten, testify and faithfully promise by these, our subscriptions, our humble and dutiful submission and fidelity to our sovereign lord the king's majesty and to obey with all humility his highness's acts of his said late parliament, and that according to the same we shall show our obedience to our ordinary bishop or commissioner appointed or to be appointed by his majesty to have the exercise of the spiritual jurisdiction in our diocese; and in case of disobedience of the said beneficed men, ministers, readers, masters of colleges and schools in the premises, their benefices, livings and stipends to become vacant by that fact, and qualified and obedient persons to be presented and provided in their rooms as if they were naturally dead. Which being once lawfully and orderly provided, the said persons, refusers to subscribe, shall at no time thereafter have restitution, whatsoever offer of obedience they shall happen to make.
[1584/5/76]*[print] [email] [cite] [preceding] [following]
Forasmuch as sundry persons, the titulars and possessors of the abbeys, priories and nunneries within this realm, have, in the troublous times past of his highness's young age, purchased provisions, gifts and dispositions made to their own bairns or nearest kinsfolk of the same abbeys, priories, and nunneries upon their own resignations and demissions, with reservation of their own liferents, making, as it were, heritable conquest of the said abbeys, priories and nunneries being founded upon the lands and rents given out of old of the property of the crown, and with the which it were most reasonable the same should be again supplied; therefore our sovereign lord and his three estates convened in this present parliament decree and declare all the said gifts, provisions and dispositions of successions of prelacies, abbacies, priories and nunneries made or granted by his highness to whatsoever persons, his highness's subjects, upon the resignations or demissions of the possessors of the same abbeys, priories and titulars of the same, with reservation of their own liferents, are, and shall be, of no value, strength, force nor effect with all that has followed or shall happen to follow thereupon without further process; and that no gift or provision of any such prelacy shall be viable in any time to come unless it shall become vacant by decease, forfeiture or simple demission of the possessor thereof and no other way, without prejudice always of the liferenters and present usufructuaries, †providing always that the provision made to Master Mark Kerr, commendator of the abbey of Newbattle, master of his highness's requests, of the same abbey, in the reign of [Mary], his highness's dearest mother, after her perfect age, nor the late provision made to Master Edward Bruce, one of the commissioners of Edinburgh, of the abbey of Kinloss, with reservation of the present abbot's liferent thereof, shall not be comprehended under this present act of parliament, nor the same act extended thereto directly or indirectly, but both the said provisions excepted out of the same.
[1584/5/77]*[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 expenses of his highness's house and diminution of his rents of his majesty's property whereon his said house ought to be maintained, have therefore thought convenient, statute and ordained that the lands, lordships, baronies and other rents following, already fallen and coming 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 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 annex 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 causes 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 or lordships shall be only in feu ferm, for payment of such yearly feu ferm as is contained in the act of dissolution of the union of annexed lands for setting the same in feu ferm made in this present parliament; 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 use, whenever it pleases them, without any process of law, and the takers to refund and pay all profits that they have taken up thereof again to his highness's and 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 progenitors, kings of Scotland, in their annexations to the crown: they are to say, the property of the lands and barony of Ruthven, with the tower, fortalice, manor, place, corn and waulk mills, fishings, advocation, donation and right of patronage of kirks, tenants, tenantries thereof, the lands of Ballanbreich, Pitcairnie, Craigengall in Dourquhy, Hardhauch, the third part lands of Airlieweich, the lands of Cultrany, the lands of Drenngrene, the half of the mill of Auchtergaven, with the half multure and mill lands thereof, the half of all and whole the lands of Monydie, Barnblayis, Cragilny, with the half mill, multures and mill lands thereof, all and whole the half of the lands and barony of Forteviot, with the half mill, mill lands and multures thereof, the property of the lands and forest of Dy, the property of the lands, lordships and baronies of Braemar, Strathdee, Cromar, Balmakelly, Brechin and Navar, Alloway, Coldinhuiff, Touchgornie, Auchlamskyis, Erskine, Dalnotter, Inchinnan, and Syntoun, Blackrange, West Grange, Cambus, Cowie, Baddindeich, Poppletrees, five chalders of wheat out of Bothkennar, Jargrayis and Raploch and other feu lands which pertained sometime to John [Erskine], earl of Mar, the property of the lands of Easter Ogil, Cossins and Newgrange, the property of the lands of Carnock and of the lands of Wells, and also the feu mails of the lands of Dirleton, Cousland and Kirknewton and others contained in the infeftment made to his grace's right trusty cousin, James [Stewart], earl of Arran, lord Aven and Hamilton, his highness's chancellor, extending to £660 13s 4d, the feu mails of the lands of Cowgask and Strabran conveyed to his highness's right trusty cousin, John [Graham], earl of Montrose, lord Graham, his highness's treasurer, extending to £240, the feu mails of Tantallon and others conveyed to his highness's trusty and well beloved councillor William [Stewart], commendator of Pittenweem, captain of his majesty's guard, extending to £671 13s 4d, the feu mails of the land of Bonkle and Preston contained in the infeftment made to Sir John Maitland of Thirlestane, knight, his highness's secretary, extending to £134, the feu mails of the lands and lordship of Abernethy, [...]† the feu mails of the lands and lordship of Douglas, £200 [...], the feu mails of the lands and lordship of Crawford Lindsay, alias Crawford Douglas [...], the feu mails of the lands of Dunsire [...], the feu mails of the lands of Carmichael, Cornocoip, Parkhead, Sandilands, Walter Head, Thorald, Pettenane and others which pertained to George Douglas, sometime of Parkhead or James Douglas, his son, by the right of his wife [...], the feu mails of the lands and lordship of Jedburgh Forest, [...] the feu mails of the lands of Selkirk [...], the feu mails of the barony of Kellie, set to Mistress Margaret, mistress of Saltoun and her heirs [...], the feu mails of the lands of Over and Nether Nisbet, £100, the feu mails of the barony of Ellem, £36, the feu mails of the lands of Balquhain and others conveyed to George [Gordon], earl of Huntly [...], the feu mails of the lands of Monzie above the ordinary mails of so much thereof as is of his highness's property, £140, out of the rents of the steads of Catslack and Easter and Wester Mountbenger and Shintinleys above the old ordinary feu mail, £100, out of the lands of Cardross and others the feu lands of Inchmahome, [...]; out of the lands of Sheirgartane, Drummis and Kippen and Arnbeg above the old ordinary feu mails, £40, out of the lands of Spittelton above the old ordinary feu mails, £20, out of the lands of Argaty, Lundy and Reidnech above the old ordinary feu mail, £120, out of the rents of the lands of Kintulloch, £10, out of the rents of the lands of the Hudeaikeris and Craig of Cambuskenneth, £40, the teinds of the kirks of Clackmannan, Lecrop and that part of St Ninian's kirk which pertained sometime to John, earl of Mar, the teinds of the parish of Kilmoir and Kincraig which likewise pertained to him, the lands and living whatsoever which pertained to Dame Margaret Lyon, countess of Cassilis, together with whatsoever teind sheaves of the whole lands above-written, annexed in property and appointed to his highness's use as said is, whereof the proprietors of the said lands had right, title or possession; and because there are sundry lands, teinds and possessions contained in this present annexation held by the persons now forfeited of inferior superiors to whom his majesty's self cannot be tenant nor tacksman, therefore, with advice of the said three estates, ordains his highness's comptroller, present and to come, to be present in heritable tenant to the said other superiors of the lands held of them and to be made donator to the escheat of the tacks, teinds and possessions above-written or when time there is to take the tacks of the same, renewed in their persons and their successors, his highness's comptrollers, they always making account, reckoning and payment of their intromission to his highness's use in the exchequer, as of the remainder of his property; and further, decree and declare that the composition of all tenantries now fallen under the forfeiture by the fault and occasion of the superiors shall come to his majesty's use, and be intromitted with by his highness's treasurer and his depute and to no other use nor effect, except so many as are already conveyed to the said James, earl of Arran.
[1584/5/78]*[print] [email] [cite] [preceding] [following]
Forasmuch as in ancient times our sovereign lord's most noble progenitors, with consent of the three estates of parliament, have judged it most convenient for good of the realm that every freeholder, spiritual and temporal, should set their lands in feu, and that our said sovereign's predecessors of most noble memory being for the time by setting of their own lands, as well annexed as unannexed, in feu ferm should give example to his freeholders to do the like, and to that effect, in diverse parliaments held in the days of our sovereign lord's progenitors aforesaid, the annexation and union of lands to the crown was dissolved; and now our sovereign lord, following the tread of his said predecessors, for the great desire which his highness has that policy should increase within his realm, has, by the advice of his said three estates in parliament, dissolved and, by the tenor of this act, dissolves the union and annexation of whatsoever lands, lordships, baronies, mills, multures and fishings made to the crown in this present parliament, or any other parliament held in his own time, or in the days of whatsoever his highness's most noble progenitors, to the effect that the same lands, lordships, baronies, mills, multures and fishings, with their pertinents, may be set in feu ferm by his highness, with advice of his comptroller, present or to come, to whatsoever person or persons his highness pleases. And our said sovereign lord and three estates of this present parliament, by the tenor hereof, declares, decrees and ordains that this present dissolution shall stand and be of full force for his highness's lifetime, so that the lands, lordships and baronies which his highness shall set in feu ferm in his own time shall be sure and viable to the persons, receivers thereof, their heirs and successors forever, and that the annexations of lands, lordships and baronies made in any time preceding (so far as shall concern the lands, lordships and baronies which shall not happen to be set in feu ferm in his highness's own time) shall after his decease return to the own nature, after the form of the dissolutions made before in the time of his most noble progenitors, providing always that the said infeftments of feu ferm be not made within the just value to the prejudice and hurt of our sovereign lord and his successors, that is to say, within the duty to the which the said lands are retoured or may be justly retoured for the new extent, which new extent his highness, with advice aforesaid, declares to be the just value of the said lands for the which the same may be set in feu ferm; providing always that this present dissolution shall not be extended to the lands of Ruthven, Erskine and others, the Earl of Angus's lands contained in the king's majesty's signature, but the same shall remain with the king's majesty and his highness's successors to be used, occupied and intromitted with by his majesty's comptrollers present and that shall happen to be for the time, in such sort and in the same manner as the said lands were used by the lords and proprietors thereof before their forfeiture; neither shall it be lawful to any his majesty's subjects to purchase feu, tack or rent of the same or any other colour of right whereby they may pretend to interpose themselves between his highness's comptroller and the tenants, labourers of the lands aforesaid; which feus, tacks, rentals or others whatsoever already purchased or to be purchased, contrary to the tenor of this present provision, the king's majesty, with advice of his highness's three estates aforesaid, declares to have been and to be null of the law and likewise in all time coming.
[1584/5/79]*[print] [email] [cite] [preceding] [following]
Forasmuch as by the common law and laws of this realm, the lands and heritages of all persons convicted of treason held immediately of our sovereign lord are judged to pertain to his highness and to return as property to his crown, and also his highness has right and power to whatsoever other lands and heritages pertaining to the persons convicted of lese-majesty, which are immediately held of any of his subjects by presentation of any heritable tenant to the overlord, and in like manner has right and title to all tacks and possessions of teinds and lands possessed by the said persons before their conviction; and as the crimes of treason grow within this realm, so the fraudulent inventions, to the hurt and prejudice of our said sovereign lord's escheat, daily more and more increases by abstracting of the evidents, infeftments and sasines of the lands and heritages, tacks and other rights appertaining to the persons who are convicted and forfeited for lese-majesty, tending thereby to draw our sovereign lord and his successors and the persons to whom the said lands and heritages aforesaid are and shall be hereafter conveyed in question of their heritable rights and titles of their rooms and possessions, not having in their hands the evidents of the said persons convicted or to be convicted as said is. For remedy whereof, it is statute and ordained by our said sovereign lord and his three estates of this present parliament that all lands, lordships, baronies, annualrents, mills, multures, fishings, tenants, tenantries and service of free tenants and other heritages whatsoever which have been or hereafter shall be peaceably used and possessed by whatsoever persons forfeited or that hereafter shall be forfeited for crimes of treason and lese-majesty committed, or that hereafter shall be committed, against his highness and his successors, or by them to whom our sovereign lord and his successors should succeed by reason of the forfeiture of their nearest heirs as their heritage by labouring the same with their own goods, setting the same to tenants and uplifting of the mails thereof as their heritage, and so reputed, held and esteemed heritable possessor thereof by the space of five years immediately preceding the process and sentence of forfeiture led, or to be led, against them by the space of five years immediately preceding the decease of the persons to whom our said sovereign lord should or may succeed as heir, through forfeiture led, or to be led, against their nearest heirs, that all and sundry the said lands, lordships, baronies, annualrents, tenants, tenantries and service of free tenants, mills, multures, fishings and other heritages whatsoever has appertained and shall appertain to our said sovereign lord and his successors, have come and shall come in their hands as escheat, to be conveyed and used by them as their property in all time coming, so that hereafter no question shall be moved to his highness and his successors nor yet to the persons who have already obtained, or hereafter shall obtain, heritable right of the said lands, lordships, annualrents and others above-specified by their disposition, notwithstanding that they be not able to show nor produce in judgement the heritable right and title thereof or contracts, renunciations and other securities made thereupon to the persons forfeited or to be forfeited as said is, or their predecessors. And to the effect that the said five years' possession of the said persons as heritable possessors may be sufficiently verified and proven, our said sovereign lord and his successors shall, at all times needful and convenient, at the instance of his advocate, or whatsoever others his lieges having interest, direct commissions under the testimonial of the great seal in due and competent form, making such persons as his highness, by the advice of the lords of his secret council, shall find most suitable and expedient his sheriffs in that part, to take cognition by a condign†assize of the sheriffdom where the lands lie, or others least suspect who best know the verity what lands, lordships and other heritages were used and possessed by the said persons convicted or to be convicted of treason and were possessed by them in manner aforesaid as heritable possessors thereof, so commonly held, reputed and esteemed by the space of the said five years immediately preceding the processes and sentences of forfeiture led and to be led against them, which are, or shall happen to be hereafter, convicted of treason as said is, and what lands were possessed by the persons to whom our said sovereign lord and his successors may or should succeed as heirs through forfeitures led or to be led against them for treason as said is, and to call all parties having or presenting interest; which persons of assize all give their final determination thereupon before the judge, who shall interpose his decreet and authority thereto, and thereafter shall retour the same to his highness's chancellor under the seals of the said assize, where the same shall remain for the perpetual memory, and shall in all times thereafter make as full faith in judgement as outwith and be of as great strength, force and effect to our sovereign lord and his successors and others having right by their disposition for possession of the said lands, lordships, heritages and annualrents as if the heritable infeftments, charters and sasines thereof made to the said persons forfeited or to be forfeited as said is, or their predecessors, were shown and produced in judgement. And as concerning tacks and possessions of lands and teinds used and possessed by the said persons forfeited or the persons to whom our said sovereign lord and his successors should or may succeed as heirs through forfeitures led or to be led against their nearest heirs, it is statute and ordained that letters be directed by deliverance of the lords of his highness's secret council at the instance of his highness's comptroller, or such as have obtained or shall happen to obtain by our sovereign lord's gift the right of the said tacks and possessions, charging the possessors of the said lands and teinds to enter the said comptroller or donator thereto, to be peaceably possessed and held by them until they be lawfully called and orderly put from there by the law within ten days next after the charge, under the pain of rebellion and putting of them to the horn; and if they fail therein, the said ten days being past, to denounce them rebels and escheat all their moveable goods to his highness's use, and that they shall not be altered, raised in mail or duty or removed from the said tacks or possessions of lands or teinds for the said space of five years, that in the meantime they may have time and commodity to search and seek out the tacks, rights, titles and provisions of them whom of their right and security proceeds and whose place they succeed into by forfeiture and escheat as said is, whereby to maintain and defend their right or possession of the lands or teinds acquired as said is, and that always the fruits of the said lands, rooms and possessions for the said space of five years shall appertain and remain with our said sovereign lord and his donator for ever, because his majesty and his donators may be greatly defrauded, as also vassals and subvassals to feuars hurt, through the absenting and abstracting of the evidence and rights of persons forfeited, some pretending to claim annualrents and feu duties of lands fallen in forfeiture of many years preceding, which probably are taken away by posterior rights of discharges concealed or abstracted by the said persons forfeited. Therefore, it is statute and ordained by our said sovereign lord and his three estates that no person presented by our sovereign lord to feu lands forfeited nor any vassal of any feuar forfeited shall be compelled to produce the acquittances of feu mails or annualrents of the forfeited lands of any years preceding the forfeiture of his immediate superior, nor yet of any years since the same lands came in his highness's hands by reason of forfeiture, notwithstanding any clause irritant contained in the infeftments or titles of the forfeited persons which were obscure to the persons presented by his highness and subvassals aforesaid, they always paying the said annualrents or feu duties for the time to come how soon it shall be verified that the lands were so obliged by the infeftments of the said persons forfeited abstracted as said is.
[1584/5/80]*[print] [email] [cite] [preceding] [following]
Forasmuch as by an act made in the last parliament, it was in consideration of the prejudice that might have been used concerning the escheats of the persons then suspected or criminal of the treasonable conspiring and taking of the castle and town of Stirling and other crimes of treason specified in the said act, in prejudice of our sovereign lord, that the goods and gear of all such persons should be arrested, intromitted with and taken by our sovereign lord's treasurer, his depute, factors and doers, with power to them to dispose upon such goods whereof were in danger of keeping, so that the prices thereof should be forthcoming to the king's majesty's use, with the whole other goods as escheated of such as should be convicted, and the goods of others that shall happen to be intromitted with and not to be convicted to be forthcoming to the party, as in the said act at more length is contained; and seeing the said treasurer has granted sundry factories of the livings and goods of the aforesaid persons suspected as said is, wherewith some of the factors have had some intromission and that action perchance may result hereafter and be pursued for plunder and wrongful intromission against the said treasurer and his depute, their heirs and executors, by sundry coloured means of privy assignations or dispositions allegedly made of before to others, or that the persons suspected be not pursued and declared criminal, therefore, in consideration that whatsoever intromission has been taken or had by the said treasurer, his depute or factors appointed by him in the premises, the same was only in our sovereign lord's name and that the same comes to his highness's use, it is now found and declared in this present parliament, by advice of the three estates thereof, that the said treasurer, his depute and factors made by him are and shall be free and safe of all goods intromitted with by them or any of them under pretext aforesaid, and that no manner of person nor persons has or shall have any action or instance against them or any of them in judgement or outwith in any time coming, exonerating and discharging thereof for ever, and also discharging all judges and ministers of law whatsoever, as well the lords of session as others, of all proceeding against the said treasurer and his depute, or any of them, their heirs, executors, factors and assignees in any the said actions may result in the premises and of their offices in that part forever; and further discharging all action that may be intended or pursued against the said treasurer for any of his intromission had or to be had as donator to the escheat of Master Thomas Lyon of Baldukie, tutor to [John Lyon, lord] Glamis, with any lands, mails, ferms, kanes, customs and duties of the living thereof, and exonerates the said treasurer thereof for now and by these letters.
[1584/5/81]*[print] [email] [cite] [preceding] [following]
The which day Patrick [Gray], master of Gray, compearing in presence of the king's majesty and his three estates in judgement, protested that the act made in favour of his highness's treasurer and his depute concerning factories of the lands and possessions of the persons suspected and dilated of treason in no way hurt or prejudice him concerning these things that are conveyed to him, and thereupon asked instruments.
[1584/5/82]*[print] [email] [cite] [preceding] [following]
Forasmuch as it being considered by our sovereign lord and three estates in this present parliament that albeit of before it has been statute and ordained by sundry acts of parliament and ordinances of secret council, with letters of publication passed thereupon, that all feus of kirklands and long tacks set or made since 8 March 1558 [1559] should be confirmed by the king's majesty, and that otherwise the same should be null and be discussed by way of exception; and for the security thereof, that all persons that had signatures of confirmation passed lying in the treasurer's hands should come and pay the composition, and others that were not yet agreed should come and make their composition and expedite their confirmation within the time and diet appointed to them thereto; nonetheless, a great number not only delay but rather, as appears, contemn the same and do no diligence therein; as also it is considered by our said sovereign lord and three estates in this present parliament that many other feus set of before of kirklands before the said 8 March 1558 [1559], which, by the order then observed, should have been† confirmed either by the king or by the Pope, were neither then confirmed by that order nor yet by any other due order since; therefore it is declared, statute and ordained that all the said feus of kirklands, as well set of old before the said 8 March 1558 [1559] as since which are as yet unconfirmed, shall be brought in and presented to our sovereign lord's treasurer and his depute between now and 1 September 1585 and agreed with them for the confirmation thereof, and the same confirmation to be expedited and passed without any delay thereafter, providing always that the old possessors shall not be prejudiced by this act and shall have their confirmations for payment of the fourth mail and the farmers for doubling of their ferm, and that the land be not evicted from them nor conveyed to any other, they offering for confirmation as said is, and seeking the same within a year and a day after the publication of this act, otherwise to pay eight mails or three ferms and otherwise that all the said feus, as well of old as of new, not being confirmed, shall have no effect, force nor strength in judgement or outwith in any time coming, and shall be repealed and discussed by way of exception before whatsoever judge they shall happen to be used and produced; and likewise that it shall be lawful to our said sovereign lord, if it shall please his majesty to pursue by his highness's advocate in his name, reduction of all the said infeftments of feu of old or of new since the time aforesaid or shall happen to be set hereafter in any time coming, not being confirmed as said is, that the same shall be reducible for the only reason and cause of non-confirmation thereof, and that the whole lands shall fall in our said sovereign lord's hands and his successors to be used and conveyed by his highness as he shall think expedient in time coming.
[1584/5/83]*[print] [email] [cite] [preceding] [following]
Forasmuch as the castles of Edinburgh, Dumbarton, Stirling and Blackness, being four of the chief strengths of this realm most necessary to be kept, as well for our sovereign lord's service as his residence within the same at times convenient, as for the guard and keeping of prisoners and warders charged for their offences to remain within the same, which castles cannot be safely kept to his majesty's benefit and welfare of his realm but by his subjects and servants of such fame, sincerity and credit as his highness esteems worthy to discharge their duty in that behalf, who are in no way able to do the same without sufficient rent and living, whereupon the persons continuously attending upon the said charge and service may be maintained; therefore, our sovereign lord, with advice and consent of the three estates of this present parliament, has statute and ordained and, by the tenor hereof, statutes and ordains that all the money and victuals assigned and given before for keeping of the said castles, and whereof the captains and keepers of the same respectively have been in possession by the space of five years preceding the date of this act, shall in time coming remain and abide with the captains and keepers thereof for sustaining of the charges of their offices: that is to say, to the said castle of Edinburgh, 1,200 merks to be paid monthly out of the customs of the tron of Edinburgh and out of the surplus of the thirds of benefices; the whole third of the wheat of the archbishopric of St Andrews, seven chalders, two bolls, three firlots, one peck; the rest of the third of the wheat of the abbey of Scone, three bolls; the whole third of the wheat of the priory of Charters, two chalders, five bolls, three part bolls; the whole third of the wheat of Lindores, three chalders, four bolls, three firlots, three pecks; the whole third of the wheat of the kirk of Monifieth, one chalder, three bolls, third part boll; out of the third of the barley of the archbishopric of St Andrews, eight chalders, five bolls, three part pecks; out of the third of the barley of the abbey of Scone, one chalder, two bolls, one firlot, two part pecks; out of the third of the barley of the priory of Charterhouse, three chalders, three bolls, one peck, three part pecks; out of the third of the barley of the abbey of Lindores, six chalders, nine bolls, one firlot; out of the third of the barley of the abbey of Arbroath, one chalder, nine bolls, three firlots, two parts peck; out of the third of the barley of the bishopric of Dunkeld, four chalders, thirteen bolls, three parts boll; the third of the meal of the archbishopric of St Andrews, four bolls; out of the third of the meal of the abbey of Scone, eleven bolls, one firlot; the whole third of the meal of the priory of Charterhouse, two parts boll; out of the third of the meal of the abbey of Lindores, four chalders, eleven bolls, three firlots, two pecks; out of the third of the meal of the bishopric of Dunkeld, four chalders; the third of the peas and beans of the archbishopric of St Andrews, one boll, three parts boll. To the castle of Dumbarton, the mails, ferms, profits and duties of the lands of Cardross and Meikle Cumbrae; the pension of the ferm mail of Kirkpatrick; the customs of Dumbarton and 550 merks out of the surplus of thirds of benefices. To the said castle of Stirling, the feu mails of the lordships of Stirlingshire, Menteith, Brechin and Navar. To the said castle of Blackness, the money and victuals of the lordship of Linlithgowshire, according to the gift made thereupon. And if any part of the money and victual before assigned to the keeping of the aforesaid castles, and whereof the keepers and captains for their service have been in possession, allowed in our sovereign lord's exchequer by the said space of five years past, be conveyed, given and assigned or hereafter shall happen to be conveyed, given or assigned to whatsoever other person or persons, for terms long or short, except to the said captains and keepers now present or which shall happen to be for the time, our said sovereign lord, by advice and consent aforesaid, revokes, annuls and discharges the same, and also decrees and declares that the said gifts, assignations and dispositions whatsoever made contrary to the tenor of this act always and in all times coming shall be of no value, force nor effect with all that may follow thereupon.
[1584/5/84]*[print] [email] [cite] [preceding] [following]
Forasmuch as complaint being moved at the instance of tenants of lands against diverse parties by whom they are charged, poinded and distrenzied for their mails and duties, and of the parties complained upon compearing and showing his† right and title of the lands, and the other being lawfully summoned and not compearing, the party compearing is ordained to be answered and obeyed of the mails and duties of the lands being in question according to his right and title then shown and produced, not simply, but with this limitation: for anything whatsoever that the lords of council or other judges ordinary before whom the said action depending had seen, and the other party lawfully summoned and not compearing is likewise decreed to desist and cease for† all further molestation or troubling of the said tenants for anything whatsoever that the said lords then had seen, by the which decreet, the party compearing has undoubted right to the mails and duties to† the lands until he be warned at the instance of the other party and better right shown; and because many years after the giving of the same decreet the party who was lawfully summoned and by contumacy was absent has intended action for reduction of the said decreet from the beginning, and consequently, for compelling of the party, obtainer thereof, to render and restore the whole profits of the lands intromitted with by him of many years, expressly against the provision of the common law and good reason, that he who compears and obeys the judge shall be in worse case than he who contemned the judgement and absented him therefrom, for remedy whereof, it is statute and ordained that whenever the party not compearing is lawfully summoned and shows not right, he shall not be heard to retreat and reduce the said decreet nor yet shall be restored again to the same, unless he has a necessary cause of his absence and non-compearance when he was summoned, nor yet shall have any action for the past profits intromitted with by the obtainer of the decreet from the obtaining thereof; and he who obtains the said decreet shall only be obliged to answer the other party complaining in the second instance, according to the right which is then competent in his person and which he shall show and produce, viable to possess at the time of his complaint and suit and no otherwise. And that this order be kept and observed before the lords of session and other judges as is appropriate, not only in all such questions as may occur hereafter, but also in all matters of the like force begun, intended or to be intended depending and undecided before the said lords of session and other judges ordinary. It is always provided that if the party called and not compearing in the first instance be minor and have tutors and curators, he shall have his action for his damage and interest sustained by him through his non-compearance against his tutors and curators only; and if the person being minor and has no tutors nor curators shall have their remedy, to be restored fully according to the law upon reasonable causes proposed to that effect.†
[1584/5/85]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of the three estates of this present parliament, expresses and declares that the act concerning the selling of writs of importance is not to be understood of such writs, contracts or obligations as are by the parties agreed upon to be registered in the books of our sovereign lord's council or other ordinary judges, seeing the parties consent to register the same, which is a greater solemn act than the selling thereof; and that the non-selling of the same shall be no† exception against the validity of the said writs, being subscribed by the parties and agreed on to be registered as said is, which his majesty and estates aforesaid declare to need no seals; neither that the said act concerning the said writs to be subscribed by two notaries shall be extended to instruments of sasine, whereunto a faithful notary with a reasonable number of honest and reputable witnesses is sufficient; and this declaration to be observed as a law in all time coming.
[1584/5/86]*[print] [email] [cite] [preceding] [following]
The king's majesty and his three estates convened in this present parliament, considering the great abuse and disorder standing amongst his highness's subjects of all degrees in the licentious eating of butcher meat every day, which, beside other great inconveniences, is the occasion of great dearth of all manner of butcher meat; for remedy whereof, it is statute and ordained by our said sovereign lord, with advice of his said three estates, that no manner of person nor persons, his subjects of what[ever] estate, degree or condition that ever they be of, shall presume or take upon hand to eat any manner of butcher meat in time coming on Wednesday, Friday or Saturday or in the time of Lent, under the pain of confiscation of all their moveable goods to our sovereign lord's use; and that his majesty's treasurer cause enquire, search an[d seek the]† contraveners of this present act, call and accuse them thereof, and they being convicted, to [arrest]†and uplift the said pain upon them with all rigour in example of others.
[1584/5/87]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates convened in this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms all acts of parliament made by his highness or his most noble progenitors against the transporting of forbidden goods and wares out of this realm, and ordains the same to have full effect and force in time coming, commanding his highness's treasurer and all others, his officers to whom it appertains, to see the said acts put into due execution against the contraveners thereof as they will answer upon the duty of their offices at their highest charge and peril.
[1584/5/88]*[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, perpetually confirms the liberties and privileges granted by his highness and his most noble progenitors to the estate of burghs, and ordains them to have full force and effect in all behalf after the form and tenor thereof.
[1584/5/89]*[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, perpetually confirms the act made by his majesty, with advice of his three estates, in his parliament held and begun at Edinburgh on 20 October 1581, against the excess of costly clothing, etc., expressly commanding his highness's treasurer and all others, his officers to whom it pertains, to inquire, search and try the contraveners of the said act and to cause them [...]lit and accused thereof, and they being convicted, to raise and uplift the pa[...]tenit in the said act off them with all rigour in example of others.
[1584/5/90]*[print] [email] [cite] [preceding] [following]
Forasmuch as there are diverse summons directed and executed against certain persons, our sovereign lord's subjects, to compear before his majesty and three estates in this present parliament on 20 August 1584, and at certain other days expressed in the said summons at more length is contained, and because his majesty may not conveniently be present in proper person in the same parliament place until the calling and decision of all the said summons and sundry other articles and supplications presented to his highness, therefore giving, granting and committing full power, commission and authority of parliament to his right trusty cousins and councillors and others of his estates underwritten: they are to say, George [Gordon], earl of Huntly, lord Gordon and Badenoch, David [Lindsay], earl of Crawford, lord Lindsay, Hugh [Montgomery], earl of Eglinton, lord Montgomery, Andrew [Leslie], earl of Rothes, lord Leslie, John [Maxwell], earl of Morton, lord Maxwell, James [Stewart], lord Doune, Patrick [Adamson], archbishop of St Andrews, David [Cunningham], bishop of Aberdeen, Alexander [Campbell], bishop of Brechin, William [Stewart], commendator of Pittenweem, Walter [Stewart], prior of Blantyre, Henry [Kinnear], commendator of Balmerino, and the commissioners of Edinburgh, Stirling, Perth, Dundee, Aberdeen and Ayr, or any one of every estate, with our sovereign lord's officers of the estate underwritten: they are to say, [James Stewart, earl of Arran], chancellor, [John Graham, earl of Montrose], treasurer, [John Maitland of Thirlestane], secretary, [Sir William Murray of Tullibardine], comptroller, [Sir Lewis Bellenden of Auchnoull], justice clerk, [Alexander Hay of Easter Kennet], clerk register, and [David MacGill of Nisbet and Cranstoun-Riddel], advocate, or so many of them that shall happen to be present for the time, to proceed and hold forth his highness's present parliament, call the said summons and persons contained therein to answer upon the said treasonable crimes specified in the same, to receive the verification of the executions thereof, and if any of the lords of articles last chosen on 22 May 1584 shall happen to be dead, sick or absent, or if it shall be found expedient that any of them shall be changed or added, to cause others be chosen and to discuss the said summons and put them to the votes of the said estates, and as the said persons suspected and dilated of the said treasonable crimes shall be found guilty or innocent, to administer justice upon them, according to the laws of this realm, and pronounce the doom of forfeiture against such persons as shall be tried culpable; and to sight and consider the said other letters and supplications presented to his highness; and to treat, consult, deliberate and conclude upon such laws, acts and answers as they shall think reasonable to pass thereupon for the policy and jurisdiction of the kirk; and that his said chancellor use his majesty's sceptre in ratification and approbation of all that shall be thought expedient and concluded hereupon; and generally all and sundry other things to do, exercise and use that to the execution of the premises is necessarily required likewise as if his highness were present in proper person, firm and stable, etc.
[1584/5/91]*[print] [email] [cite] [preceding] [following]
Concerning the supplication presented to our sovereign lord and his three estates in this present parliament by Sir Richard Maitland of Lethington, knight, making mention that where in a parliament held at Edinburgh on 20 October 15[79], in our sovereign lord's young age, there was an act made therein discharging all action of plunder, ejection, violence and profits that had or might follow thereupon, which the said Sir Richard had or might pursue against the late Captain David Home of Fishwick, knight, and his accomplices, for plundering and ejecting him out of his place, mains and lands of Lethington and whatsoever his intromission therewith, goods and gear being thereupon or within his said place, as in the said act at more length is contained, which act was made expressly against all laws, the said Sir Richard, the party, not being called thereto nor his cause heard nor discussed in any way of before, neither yet was there any fault or crime committed by him whereby any his lands or goods might have been taken from him, nor ever before, nor since was he called or convicted of any such crime, and so it may not stand with equity nor yet of our sovereign lord's conscience that the said act may or should stand or take effect against the said Sir Richard, likewise at more length is contained in the said supplication; wherefore our said sovereign lord, moved in conscience, with advice of his three estates convened in this present parliament, discharges, retreats and annuls the said former act of parliament made in favour of the said Sir David and restores and reinstates the said Sir Richard, his heirs and executors and assignees fully against the same act and whole contents thereof, and declares and ordains him and his aforesaids to have as good action and likewise process and execution against the heirs and executors of the said late Sir David and other persons, his assisters, whom against the said Sir Richard may have action competent therefore, likewise as if the said act had never been made nor put in register, discharging the said Sir David and his accomplices thereof as said is.
[1584/5/92]*[print] [email] [cite] [preceding] [following]
Concerning the supplication presented to our sovereign lord and three estates of this present parliament by the masters of the college of Aberdeen, making mention that where they, by consultation of the learned men in that diocese, have conceived a form of erection in the college of Aberdeen and union of the old rentals with the new, humbly requiring that the same may be considered by [James Stewart, earl of Arran], chancellor, [John Maitland of Thirlestane], secretary, [Alexander Hay of Easter Kennet], clerk register, and [Patrick Adamson, archbishop of] St Andrews and [David Cunningham, bishop of] Aberdeen, and that by their report the foundation presented may be confirmed in this present parliament, likewise at more length is contained in the said supplication; our sovereign lord and three estates aforesaid give and grant full power and commission to the persons above-written to visit and consider the form of the said foundation, and to report their judgement and opinion thereof to the said estates, to the effect that the same being found formally in good order may be confirmed and approved.
[1584/5/93]*[print] [email] [cite] [preceding] [following]
Forasmuch as the giving of pensions out of benefices of cure within this realm from very ancient times, even in the days of our sovereign lord's noble progenitor, King James I of most noble and worthy memory, has been considered to be the dismembering of the said benefices and so an inconvenience, insufferable within this realm, that the purchasers thereof in parliament were discharged of the same and the ordinaries inhibited to meddle in that matter, as in a special act of parliament made in the days of the said King James I may clearly appear; and nevertheless, the same abuse and inconvenience has this long time past, during the time of our sovereign lord's minority, increased to such a high disorder, especially in the archbishopric of St Andrews and bishopric of Aberdeen, which are so exhausted with a great number of pensions given out of the two parts thereof and that by the means of them that governed the realm for the time when the said benefices became vacant, and partly by the importunate and ardent soliciting, yea, partly by menacing and boasting of such as our said sovereign lord knows it was hard to them to withstand, so if the said pensions remain as a burden upon the said archbishopric of St Andrews and bishopric of Aberdeen, it shall not be able to Patrick [Adamson], now archbishop of St Andrews and David [Cunningham], bishop of Aberdeen to sustain the charge of the oversight of their diocese and to assist his highness with their advice and council when the necessity of the common affairs shall require; therefore, our sovereign lord, by advice of the three estates in this present parliament, most willing to put order hereto by reason that the said present possessors are daily burdened not only with the charge of their own diocese, but in like manner with his grace's service in council and otherwise, has abrogated, rescinded, retreated and annulled and, by this present act, retreats, abrogates and annuls all and sundry gifts of pensions conveyed and given to whatsoever person or persons, by whatsoever person or persons, out of the said archbishopric of St Andrews and bishopric of Aberdeen at any time preceding the date hereof, with all confirmations, decreets and letters obtained accordingly thereto, and that without any further judicial declaration or process of law; and our said sovereign lord, by the tenor hereof, declares and ordains the said persons, and every one of them, to be consolidated and restored, likewise his highness consolidates and restores them to the said benefices respectively out of the which the same were conveyed and given, and discharges the lords of his highness's session and all other judges, ministers and officers of his laws, that none of them admit any of the said pensions in judgement, decreet or discern letters in accordance with thereto, or in any sort approve the same, or proceed in any action that may result directly or indirectly thereupon by way of action, suspension, warranty or otherwise in time coming, saving and excepting only the pensions underwritten provided to the persons specified below: they are to say, £300 money of the mails of the lands of Keig and Monymusk to James Adamson, eldest lawful son to the said archbishop [of St Andrews]; £106 to James Arthur, the half whereof is transferred in Patrick Adamson, second son to the said archbishop; three chalders, two bolls of wheat, barley and oats equally out of Kilrenny to Walter Cockburn; £40 of the teinds of Farny to Hugh Lindsay; £50 of the mails of the lands of Angus to Paul Lindsay; £50 of the mails of the lands of Stow to Master Robert Nicoll, doctor in medicine; £50 of the teinds of Kinpont and others in the parish of Kirkliston to Hieronymus Bowie, master of his highness's wine cellar; £100 of the teinds of the parish of Kirkliston or feu mails thereof to the widow and bairns of the late Hugh Tod; two chalders of wheat out of the lands of Letham to Sir Robert Melville of Murdocairnie, knight; and four chalders of oats of the ferms of Killeith to Master John Sharp, advocate, all being of the two parts of the said archbishopric of St Andrews; and 500 merks to Sir Patrick Gordon of Auchindoun, knight, out of the temporal lands and two parts of the bishopric of Aberdeen. Which pensions his highness and estates aforesaid declare in no way to be annulled by the said act, but that the persons respectively above-specified provided to the said pensions as said is shall possess and enjoy the same according to the gifts and titles made to them of the same as if the said act had not been made.
[1584/5/94]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of his three estates of this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms his majesty's revocation last made and ratified and confirmed of before in his highness's late parliament held on 22 May 1584, and ordains the same to be put to due execution in all points after the form and tenor thereof.
[1584/5/95]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates of parliament, for the good, true and thankful service done to him by his right trusty cousin and councillor James [Stewart], earl of Arran, lord Aven and Hamilton, ratifies, approves and, for him and his successors, perpetually confirms all and whatsoever infeftments, gifts, dispositions, tacks and assedations of whatsoever lands, lordships, baronies, tenants, tenantries and service of free tenants, offices, services, lead mines and others whatsoever made before the date of this act by his highness to his said right trusty cousin and councillor, and to Dame Elizabeth Stewart, countess of Arran, his spouse; and wills and grants, for him and his successors, that the general ratification and approbation aforesaid shall be as effectual and sufficient in all respects as if the whole infeftments, gifts, dispositions, tacks and assedations were herein specially expressed, declaring and, by this act, decreeing the same and every one of them to be excepted, likewise his highness, by this act, excepts the same out of all and sundry his highness's general and special revocations made at any time preceding the date hereof, and ordains one special act of parliament to be made hereupon, with extension of all clauses needful.
[1584/5/96]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his three estates of parliament, for the good, true and thankful service done to him by his trusty and well beloved councillor William, commendator of Pittenweem, captain of his highness's guard, ratifies and approves all and whatsoever infeftments, gifts, dispositions, tacks and assedations of whatsoever lands, lordships, baronies, tenants, tenantries and service of free tenants, superiorities, offices, services and others whatsoever made before the date of this act by his highness to his said trusty and well beloved councillor, and wills and grants, for him and his successors, that the general ratification and approbation aforesaid shall be as effectual and sufficient in all respects as if the whole infeftments, gifts, dispositions, tacks and assedations were herein specially expressed, declaring and, by this act, decreeing the same and every one of them to be excepted, likewise his highness, by this act, excepts the same out of all and sundry his highness's general and special revocations made at any time bygone preceding the date hereof.
[1584/5/97]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with express advice and consent of his three estates of this present parliament, for the good, true and thankful service done to his highness by the late Hugh, lord Fraser of Lovat and Simon [Fraser], now lord Fraser of Lovat, his son and heir, and for other great and weighty considerations moving his majesty, ratifies, approves and, for his highness and his successors, perpetually confirms the infeftment and charter of feu ferm made by the prior and convent of Beauly for the time to the said the late Hugh, lord Fraser of Lovat, his male heirs and assignees whatsoever, of all and whole the lands underwritten: they are to say, all and sundry the barony, towns and lands of Beauly underwritten, namely, the village and lands of Ardnagrask, Rewindoun, Incherorie, Altyre, Craigscorrie, Plathaycht, Groam, Ferinlee, with the forests and woods of the same, Thaynok, with the pendicles, namely, Ovircroarsis, the relict and green fauld, with the cottage of the same, the lands of Urchany, with the woods of the same, the lands called the half davach, the lands of Boycht, Conharbrie, the third part of the lands of Meikle Culmulang, the third part of the lands of Easter Glen of Convinth and quarter of the lands of Fanblair, ferry house with the croft of the same, Ainocht old town called the Common Pasture, Teafrish, with the cottage of the same, the lands called Mason Land, the lands called John Cook's land, a croft of land called MacCutcheon's Croft and common cottage, the lands called the Mains of Beauly, with all and whole the yards, orchards pertaining or that in any way may pertain to us and the pertinents of the aforesaid lands, lordships and crofts of the same, a croft called Dean James Pope's Croft, a croft of land called Marshall's Croft, a croft called MacAlister's Croft, now occupied by David Lawson, and also two mills called Thaynok and Beauly Mills, with the thirled multures of the whole barony of Beauly, and all and sundry lands above-written, with their sequels, and also all and whole the salmon fishings in and upon the water of Sorn, marching from Cairncot to the sea, or any other part on the said water among the fishings of a noble lord Hugh, lord Fraser of Lovat, of Kilmarnock, with cruives and other commodities within the priory of Beauly and sheriffdom of Inverness, to be held of the said prior and convent and their successors for the yearly payment of the sum particularly contained in the said infeftment, extending in the whole to the sum of £211 15s, as the said charter more fully purports; together with the sasine following thereupon given to the said late Hugh, lord Fraser of Lovat, and the other sasine given thereafter to the said Simon, now lord Fraser of Lovat, as son and heir of his said late father. And moreover, our said sovereign lord ratifies, approves and, for him and his successors, perpetually confirms the charter of confirmation made and given under his great seal at his castle of Stirling, 10 August 1579, ratifying, approving and confirming the said first charter and infeftment of feu ferm in all points, heads and circumstances thereof, and specially in that clause thereof containing the payment of the said yearly duty to the said prior and convent specified in the said infeftment, and that the third of the said benefice of Beauly, in so far as concerns the rental of the lands and fishings particularly aforesaid, shall be paid proportionally after the form and tenor of the said infeftment and to no greater quantity, discharging the collector general then present and who should be for the time of all further craving and collecting of the third of the said abbacy for the lands and fishings aforesaid and in so far as concerns the same, but after the proportion of the said yearly duty; which clause and provision our said sovereign lord, in this present parliament, ratifies, approves and confirms, together with the decreet given by the lords of his highness's council and session in favour of the said Simon, lord Fraser of Lovat and his tutor for the time against Robert [Boyd], lord Boyd, then collector general of the thirds, decreeing and ordaining the third to be paid after the rate and quantity of the duties contained in the said infeftment and no otherwise; and decrees and ordains the said decreet given by the said lords of session to have the force and effect of a decreet of parliament in all time coming, without any question or quarrel to be moved against the same, and discharging the collector general now present and who shall happen to be for the time of all troubling and molesting of the said Simon, lord Fraser and his heirs for any greater quantity for the third of the duty of the said lands and fishings further than according to the rate of the said infeftment of feu ferm, and that notwithstanding any heir, rental or use of any greater payment at any time preceding.
[1584/5/98]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates convened in this present parliament have seen and fully considered the sentence and decreet given by the lords of his highness's council and session at Edinburgh on 5 May 1582, at the instance of his trusty cousin and councillor George [Gordon], earl of Huntly, lord Gordon and Badenoch, sheriff principal of Inverness, and also at the instance of the late Master Robert Crichton of Eliock, advocate to our sovereign lord for the time, for his highness's interest, against the late George, earl of Caithness and others having or pretending to have interest thereupon, retreating, rescinding and annulling the two commissions specified therein, with the approbations and ratifications thereof of [what]soever date or dates, and decreeing the same to have been from the beginning, at the least to have been in all time coming after the said decreet reductive, of no value, force nor effect with all that followed or may follow thereupon for the causes and reasons contained in the said decreet of the date aforesaid, of the which the tenor follows:
At Edinburgh on 5 May 1582, concerning the summons raised at the instance of a noble and mighty lord George, earl of Huntly, lord Gordon and Badenoch, sheriff principal of the sheriffdom of Inverness, and through that, having special interest in the action and cause underwritten by reason his jurisdiction thereof is lessened and diminished by the pretended commissions after-mentioned, John Gordon of Lochinvar, knight, [...], his curators for their interest, and also at the instance of Master Robert Crichton [of Eliock], advocate to our sovereign lord, against George, earl of Caithness, and all others having or pretending to have interest in the matter after-specified: that is to say, the said George, earl of Caithness, to hear and see the said advocate and the said noble and mighty lord George, earl of Huntly, exhibit and produce before the lords of council the pretended letter under the great seal of [Mary], our sovereign lord's dearest mother, of the date 17 April 1566, making and constituting the said George, earl of Caithness, his heirs and assignees heritable justiciars in that part within the bounds underwritten: that is to say, from Portenculter to Pentland Firth and from the East Sea to the West Sea, as the bounds and marches of the diocese of Caithness are extended, with diverse privileges, faculties, authority and power specially expressed and mentioned in the same, as his said letters bearing commission as is therein contained of the date aforesaid at more length purport; and also the other letter made by our said sovereign lord's dearest mother, under her great seal as said is, to the said George, earl of Caithness, his heirs and assignees heritably, ratifying, approving and confirming for her and her successors the said letters and commission therein specified in all and sundry points, articles, clauses and circumstances thereof, and also of new giving and conveying to the said George, earl of Caithness and his heirs heritably the said office of justiciary within the bounds aforesaid, with the power and authority contained in the first commission, and with addition of certain other new privileges and immunities therein contained, specially with power of banishment of whatsoever offenders, and also containing exemption of the said earl, his heirs and assignees from our sovereign lord's treasurer, comptroller and advocate, then present, and who should happen to be for the time, that they, nor none of them, shall intend summons of reduction against the said earl, his heirs and assignees for retreating of the said commissions of justiciary, approbations and ratifications thereof, or any other infeftments or rights made to the said earl or his predecessors of the said office, and from the lords of council and session that they shall not discuss any of the said summons of reduction intended or to be intended, nor make inhibition in the contrary of the commissions, as the said letter, which is of the date at Edinburgh on 14 February 1566 [1567] aforesaid, at more length purports, to be seen and considered by the said lords and to hear and see the said two commissions and letters being produced, with certification to George, earl of Caithness, that, whether he compear or not, the commission shall be retreated, rescinded, abrogated, annulled and declared by decreet of the said lords to have been from the beginning, at the least to be in all time coming, null and of no value, force nor effect with all that has followed or might follow thereupon, for the causes and reasons after following, likewise at more length is contained in the said summons. The said advocate being personally present, the said noble and mighty lord George, earl of Huntly, compearing by Master David MacGill, his procurator, who, for verifying of the reasons underwritten, produced the authentic extract and copy of our said sovereign lord's dearest mother's two letters of commission, extracted out of the register under the sign and subscription manual of Alexander Hay [of Easter Kennet], clerk register, as the same bears; and the said George, earl of Caithness, and all others having or pretending to have interest in the said matter, being lawfully summoned to this action, often called and not compearing, the lords of council retreat, rescind, abrogate and annul both the aforesaid commissions, first and last, and the approbation and ratification of the same first pretended commission contained in the second and last commission, with all other ratifications and approbations thereof, of whatsoever date or dates, and decree the same to have been from the beginning, at the least to be null in all time coming, of no value, force nor effect with all that followed or may follow thereupon. In the first, because both the said letters and commissions bearing, approving and purporting as said is are granted by our said sovereign lord's dearest mother, very inconsiderately making the said earl, his heirs and assignees heritable justiciars within the bounds aforesaid, upon sinister and false narration that the said earl's predecessors had the commission of justiciary of before, inducing our poor said sovereign lord's dearest mother and giving to her to understand that the said offices pertained heritably to his predecessors of before, which is not of verity and so manifestly appears that the same were imprinted by false suggestion. And further, the said pretended commissions of justiciary within the bounds aforesaid, to wit, from Portenculter to Pentland Firth and from the East Sea to the West, as the diocese of Caithness lies, is granted heritably not only to the said earl and his heirs, but to his assignees also, by the which he may arrogate power to him to make any person of whatsoever quality his assignee to the said office, whether the person, assignee, were approbate by our sovereign lord and his successors or not, seeing the said earl intends to hold the said office of our said sovereign lord and his successors in free blench, which were altogether against justice and equity and to the great hurt of our sovereign lord's lieges inhabiting within the bounds aforesaid if it should be lawful to the said George, earl of Caithness and his heirs to give judgement of all causes criminal to what person he pleased. And further, it is extended universally to all crimes committed or to be committed within the said bounds limited in the said commissions against the laws and custom of this realm and submitting diverse earls and lords of parliament, namely, the earls [George Keith, earl] Marischal, [Alexander Gordon, earl of] Sutherland and [Laurence Oliphant], lord Oliphant, who have many and diverse lands within the said bounds, their servants and tenants to the jurisdiction of the said Earl of Caithness in all matters criminal, and so the same is granted to their great prejudice and hurt; and also to the manifest hurt and prejudice of the said George, earl of Huntly, sheriff principal of the sheriffdom of Inverness, and lessening of his jurisdiction of the same; and likewise of the barons erected within the same bounds, having by their heritable infeftments of cognition of all causes criminal appertaining to the jurisdiction of the sheriff and baron courts. And so the said pretended commissions being granted by circumvention of our sovereign lord's dearest mother, suppression of the truth and expression of a false cause and not particularly to any crime or person but generally universally extended to all crimes committed within the said bounds and with power to make assignees, and in hurt and prejudice of our sovereign lord and his successors, and of the sheriffs, lords and barons within the said bounds, whose jurisdictions and powers thereby are diminished, the same is wrongfully granted. Secondly, because the said pretended commissions, with the ratifications and approbations thereof aforesaid, are not only granted heritably to the said George, earl of Caithness, his heirs and assignees, to our sovereign lord's prejudice and the hurt and prejudice of his highness's subjects and lieges, but also the same are granted with such pre-eminences, prerogatives, privileges, power and authority as cannot reasonably consist and stand in the person of the said George, earl of Caithness, nor of any our sovereign lord's subjects, the said privileges being so annexed to his highness's own person and to the person of his successors and crown, that his highness cannot, by the laws and custom of this realm, transmute the same in the person of any our sovereign lord's subjects, nor make the said earls and lords having their lands and offices within the bounds of the said jurisdiction in criminal matters to be subject to the said George, earl of Caithness, to whom they are peers, specially since the said commission is alleged to be granted to him, his heirs and assignees heritably and to all causes criminal universally as said is. And moreover, by the said pretended commissions, power is granted to the said George, earl of Caithness, his heirs and assignees not only to judge the persons universally, as said is. And moreover, by the said pretended commissions, power is granted to the said George, earl of Caithness, his heirs and assignees, not only to judge the persons† criminal within the said bounds in all crimes, but also to charge the proprietors of the ground, lords and masters of the said criminal persons, to exhibit and present them according to the general bond upon his schedule or valentine† upon such space, upon such manner and at such places as it shall please the said George, earl of Caithness to appoint; and if they fail therein, being required, that the said George, earl of Caithness, his heirs and assignees shall have power to denounce them rebels and put them to the horn and escheat and bring in all their moveable goods and namely the men, half to his own particular use and profits; likewise by virtue of the same pretended commission the half of all escheats falling in our sovereign lord's hands, or that in any time coming shall fall for any manner of way committed or to be committed within the bounds aforesaid, is conveyed to the said George, earl of Caithness, his heirs and assignees, the said earl of Caithness on the other part having made no security to our said sovereign lord's dearest mother for bringing in of the other half of the said escheats; by the which commissions the said earl has also obtained power to execute the process of horning and rebellion likewise and in the same manner as our sovereign lord's general and high justice may do, where, notwithstanding, he is not constituted justice by virtue of the said commission in heritage, but a certain time limited and specified in his said commission. And further, when the said persons are denounced rebels, the said earl, by virtue of the said commission, has express power with any imputation of offence communicated with them, which is in effect an absolute power to bind and loose incompetent in the person of any subject, especially where the said commission with the commodity of the half of the escheats and with such ample power as is before rehearsed, in the which points the said commissions are altogether intolerable and exorbitant, namely, where the same gives power to exile, banishment and to summon assize in four halves about, that is in the four sheriffdoms adjacent, each person under the pain of £40, and the half thereof to be applied to himself, but in this clause after-following the same is altogether intolerable and directly against all law and good reason, that by the said commissions power is granted to the said George, earl of Caithness, his heirs and assignees to compound for all and whatsoever crimes and offences and give re[as]on therefore, the crimes of treason and lese-majesty only excepted, which is a point inseparably annexed to our sovereign lord's crown and cannot be given to any of his highness's subjects nor yet may consist in their person, nor has never been communicated to any person, subject, lord of regality or other judge ordinary, but is reserved and restricted to our sovereign lord's royal crown and supreme jurisdiction; and the granting of the said George, earl of Caithness, his heirs and assignees of the power and liberty to compone for crimes and grant remissions therefore, as said is, is very pernicious and prejudicial to our sovereign lord's authority, hurtful to his highness's lieges, against all law and good manners, administering and giving occasion of many offences that may fall in the person of the said earl, his heirs and assignees aforesaid, in so far as, first, he has power to denounce the rebels, thereafter, to treat and communicate with them, next, to uplift the half of their escheats to his use, and last, to compound and give remissions at his own pleasure, wherein he, not being accounted by our sovereign lord nor his highness's successors, he, his heirs and assignees have thereby occasion upon his particulars to make slaughters and plundering to be committed for his particular revenge, which either he may colour by his pretended manner of justice, or, if he likes, may freely remit the same by virtue of the said commission; and so howbeit the whole country were put to utter wrack and confusion of slaughters, burning and plundering if the said pretended commission stands, it shall not lie in the power of our sovereign lord and his successors to punish such horrible oppression, nor make the party offended assythed or amended, whereby his highness cannot satisfy his duty toward God and his conscience and administration of justice within this realm. And further, the said commissions, at the least the said pretended commission containing this ratification and approbation of the former as said is, gives and conveys to the said George, earl of Caithness, his heirs and assignees all right and title that our sovereign lord and his predecessors had, has or might have to the office of justiciary within the bounds aforesaid and renouncing the same simply as said is, which our sovereign lord or his predecessors may have or claim thereto by the law. And further, in the last commission containing the confirmation aforesaid, it is expressly answered that in no time hereafter the said first and last commission or any of them shall be reproached by summons of reduction at the instance of our sovereign lord's treasurer, comptroller or advocate, present or to come, and further expressly inhibits the said lords of council and session that they shall not discuss the summons of reduction intended or to be intended before them, but that they shall only desist and cease therefrom and for granting of any inhibition to discharge or impede the execution of the said commission, which is a clause manifestly against the law and all good reason, freeing the said earl, his heirs and assignees from our sovereign lord's jurisdiction and correction that he shall never be tried, howbeit his offences were never so manifest, which is as much in effect as if he should do what he liked, acknowledging no superior; which by the laws of this realm and provision of the common law and good reason is altogether intolerable. Which reasons and causes being found relevant by the said lords, the said pursuers proved the same sufficiently by production of the said two letters and commission extracted out of our sovereign lord's register, under the sign and subscription manual of Alexander Hay, clerk register, shown and produced before the said lords. And also because the said George, earl of Caithness, and all others having or pretending to have interest in the said matter, were lawfully summoned to have compeared at a certain day past to have heard and seen the said advocate and the said noble and mighty lord George, earl of Huntly exhibit and produce before the said lords the said two letters and commissions, to have been seen and considered by the said lords, and, being produced, with certification to the said George, earl of Caithness that, whether he compear or not, the same letters and commissions before specified should be retreated, rescinded, abrogated and annulled and declared by decreet of the said lords to have been from the beginning, at the least to be in all time coming, null and of no value, force nor effect with all that has followed or might follow thereupon; and the said George, earl of Caithness, and all others having or pretending to have interest as said is, being lawfully summoned to that effect, failing therein, likewise was clearly understood by the said lords, and ordains letters to be directed to the effect aforesaid in the appropriate form. Which decreet his highness, with advice and consent of his three estates of parliament, for him and his successors, ratifies, approves and affirms in all points, clauses, articles and circumstances of the same, and decrees and declares the said decreet to be justly given, according to the laws of this realm and to the singular good, utility and profit of his highness and his crown, and therefore decrees and declares that the same shall stand in full force and strength perpetually hereafter, and that the same shall never be called again in question by appellation, reduction or otherwise whatsoever before the lords of session or other judges and ministers of his highness's law whatsoever. And moreover, his highness, with advice and consent of his three estates in this present parliament, revokes, abrogates and annuls the said commissions, with all and whatsoever ratifications and approbations thereof in parliament or otherwise, and decrees and declares the same to have been from the beginning and to be in all time coming null and of no value, force nor effect with all that has followed or may follow thereupon.
[1584/5/99]*[print] [email] [cite] [preceding] [following]
The which day George [Sinclair], earl of Caithness, compearing in presence of the king's majesty and his three estates in judgement, protested that the act made and passed in parliament this present day concerning the ratification of a decreet given in favour of [Alexander Gordon], earl of Sutherland against the said Earl of Caithness should not prejudice him because he is minor; and Alexander, earl of Sutherland, compearing also personally, protested in the contrary.
[1584/5/100]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, by advice of his highness's three estates of parliament, ratifies, approves and confirms the decreet arbitral given and pronounced by his majesty between the merchants and craftsmen of the burgh of Edinburgh for perpetual union of the said burgh, after the form and tenor of the said decreet in all points, of the which the tenor follows:
At Edinburgh on 19 June 1583, in presence of the lords of council, compeared personally Masters John Sharp, John Preston, Thomas Craig and John Skene, procurators specially constituted for the provost, bailies, deacons, council and community of the burgh of Edinburgh, by the act of council underwritten, made in presence of the said provost, bailies, deacons, council and community contained therein of the date above-written, and gave in the said act of council, with the decreet arbitral after-mentioned, given and pronounced by his majesty and judges after-following, subscribed by them and parties after-rehearsed, and desired the same to be inserted and registered in the books of council, to have the strength, force and effect of their act and decreet in time to come, and letters and executorials to be directed upon the parties specified therein, in manner contained therein; the which desire the said lords thought reasonable, and therefore have ordained and ordain the said act and decreet arbitral to be inserted and registered in the said books, to have the strength, force and effect of their act and decreet in time to come, and have interposed and interpose their decreet and authority thereto; and decree and ordain letters and executorials to be directed upon the whole parties specified in the said decreet arbitral, for fulfilling thereof in all points in manner specified therein, of the which the tenor follows: The which day, Master Michael Chisholm, Andrew Slater, John Adamson, bailies, Master John Preston, dean of guild, Mungo Russell, treasurer, John Johnston, John Harwood, John Robertson, William Mauld, William Nisbet, Alexander Napier, John Morrison, Robert Ken, Henry Charteris, merchants, James Ferguson, bower, John Bairnsfather, tailor, and the deacons following: Gilbert Primrose, surgeon, John Watt, smith, Edward Galbraith, skinner, Edward Hart, goldsmith, William Pringle, tailor, Thomas Dickson, furrier, and likewise James Urr, butcher, William Weir, shoe-maker, Adam Newton, baker, William Coutts, weaver, Andrew Williamson, wright, William Somer, bonnet-maker, remaining deacons of the crafts, for themselves and the whole body and community of the town, as well merchants as craftsmen, make and constitute Masters John Sharp, Thomas Craig, John Preston, assessors, and Master John Skene, procurator fiscal, or any two of them, their procurators, to compear before the lords of session and council whatsoever day or days convenient, and there, in name and on behalf of the provost, bailies and council of the merchants, and of the said deacons for the crafts on the other part, to consent to the registering of the decreet arbitral given by the king's majesty and arbiters specified therein between the merchants and craftsmen in the books of council, interposing of their authority thereto, with execution to follow thereupon in manner specified in the said decreet, and generally promising ratification. Extracted out of the council book of the burgh of Edinburgh, by me, Alexander Guthrie, common clerk of the same, witnessing thereto my sign and subscription manual. It is thus subscribed, Alexander Guthrie.
Here follows the tenor of the said decreet arbitral:
At Holyroodhouse on 22 April 1583, we, Robert Fairlie of Braid, Sir Archibald Napier of Edinbellie, knight, and James Johnston of Elphinstone, judges arbitrators, chosen for the part of Master Michael Chisholm, Andrew Slater, John Adamson, and William Fairlie, bailies of Edinburgh, Master John Preston, dean of guild, Mungo Russell, treasurer, John Johnston, Robert Kerr, younger, Henry Charteris, John Morrison, William Maule, John Harwood, John Robertson, William Inglis, Alexander Napier, William Nisbet, merchants, being on the council of the said burgh, for themselves and in name and on behalf and as commissioners for the whole merchants indwelling in the said burgh on the one part, and John Cockburn of Ormiston, Master Robert Pont, provost of the Trinity College, and Master David Lindsay, minister at Leith, judges arbitrators, chosen for the part of James Ferguson, bower, John Bairnsfather, tailor, two of the craftsmen being on the council of the said burgh, Gilbert Primrose, deacon of the surgeons, John Watt, deacon of the hammermen, William Pringle, deacon of the tailors, Edward Galbraith, deacon of the skinners, Edward Hart, deacon of the goldsmiths, Adam Newton, deacon of the bakers, Thomas Dickson, deacon of the furriers, Andrew Williamson, deacon of the wrights, William Bickerton, deacon of the masons, James Urr, deacon of the butchers, William Weir, deacon of the shoe-makers, Thomas Wright, deacon of the weavers, William Coutts, deacon of the fullers, and William Somer, deacon of the bonnet-makers, themselves and in name and on behalf and as commissioners for the whole craftsmen, indwellers of the said burgh, on that other part, and the right, potent and illustrious prince, James, by the grace of God, king of Scots, our sovereign lord, arbitrator and oversman [communally]† chosen by advice and consent of both the said parties, concerning the removing of all questions, differences and controversies which are or have been between the said merchants and craftsmen concerning whatsoever cause or occasion whereupon debate or question did arise in any time between them; and thereupon, both the said parties being bound, obliged and sworn to stand, abide and underlie and fulfil the decreet arbitral and deliverance of us, the said judges and oversmen, without appellation, reclamation or contradiction, as at more length is contained in a submission made thereupon, both the said parties' claims and griefs given in by them, with the answers made thereto and their rights, reasons and allegations, being heard, seen and considered by us, and we, therewith being ripely advised after many and sundry conventions and meetings, with long travails taken hereupon, have all in one voice accorded and agreed upon the heads and articles following: first, to take away all differences which have been heretofore concerning the persons who had the government of the town, their number, power or authority and manner of election, it is finally concorded, decreed and concluded thereupon as follows: the magistrates and office men, such as provost, bailies, dean of guild and treasurer, to be in all time coming of the estate and calling of merchants, according to the acts of parliament; and if any craftsmen exercising merchandise shall for his good qualities be promoted thereto, in that case he shall leave his craft and not occupy the same by himself nor his servants during the time of his office, and shall not return thereto at any time thereafter until he obtain special licence of the provost, bailies and council to that effect. The council to consist of ten merchants, to wit, the old provost, four old bailies, dean of guild and treasurer of the next year preceding and the other merchants to be chosen yearly to them, and also to consist of eight craftsmen thereof, six deacons and two other craftsmen, making in the whole the said council eighteen persons; and this by the office men of that year, to wit, the provost, bailies, dean of guild and treasurer. And as to the manner of the election, it is first generally accorded and concluded that no manner of persons be chosen provost, bailies, dean of guild or treasurer, suppose they be burgesses of the burgh and able thereof, unless they have been a year or two upon the council of before; and concerning the council, the old manner of giving in of tickets by the deacons out of the which the two craftsmen were yearly chosen to be abrogated, discharged, cease and expire in all time coming, so that the said two craftsmen shall be chosen yearly without any giving in of tickets indifferently of the best and worthiest of the crafts by the said provost, bailies and council only; and none to be of the council above two years together, unless they be office men or by virtue of their offices be on the council. Likewise concerning the leets of the bailies, they shall not be divided nor cast in four ranks, three to every rank, as they were accustomed to be, but to be chosen indifferently, one out of twelve leets, another out of eleven leets, the third out of ten, and the fourth out of nine leets. Concerning the deacons, that none be elected deacon unless he that has been a master of his craft two years at the least, and that none of them be continued in their office of deaconship above two years together. Last, in general, that none have vote in leeting, voting or electing of the provost, bailies, council and deacons, dean of guild or treasurer, but the persons hereafter following only in manner after-specified; and to proceed in the said election, it is found good to begin at the choosing of the deacons of crafts, which are fourteen in number, to wit, surgeons, goldsmiths, skinners, furriers, hammermen, wrights, masons, tailors, bakers, butchers, shoe-makers, weavers, fullers, bonnet-makers, so the deacons now present shall stand and continue until the third council day before the old time of the election of the new council, which was on the Wednesday next preceding the feast of Michaelmas [29 September], upon the which third council day the provost, bailies and council now standing extending to nineteen persons, and from that time forth yearly and each year, the provost, bailies and council constituted of the said twenty-five persons, shall call in before them the said deacons of crafts, every one severally, and require their opinion and judgement of the best and worthiest of their crafts; thereafter the said provost, bailies and council shall nominate and leet three persons of the most discreet, godly and qualified persons of every one of the said fourteen crafts, most expert hand labourers of their own craft, burgesses and free men of the burgh, whereof the old deacon shall be one, and cause deliver their names to the deacon every one according to their craft; which deacons on the morning thereafter shall assemble and convene their crafts, and every craft by themselves out of these names shall elect a person who shall be their deacon for that year, and upon the next council day after the said election the old deacons, with some of the masters of their crafts, shall present the new deacon to the council, who shall authorise them in their office. Next, to proceed to the election of the new council the said day of presenting of new deacons, the provost, bailies and council, now standing of nineteen persons, and from this time forth the same day yearly, provost, bailies and council of twenty five persons, shall choose out of the said fourteen deacons, six persons, to be joined with the new council for the year to come, and to have special vote in leeting and choosing of the provost, bailies and council; and the same day the old six deacons which were upon the council the year preceding to be removed and have no further vote for that year, unless some of them be of the number of the new elected deacons. Thereafter, upon the Wednesday next preceding Michaelmas each year, the provost, bailies, dean of guild, treasurer and ten merchants of the council and the said six deacons and two craftsmen, and in the whole twenty-five persons, and twenty-six votes by reason of the provost's two votes ordinarily standing at all times, shall convene and choose the new council to the number of eighteen persons, to wit, the old provost, bailies, dean of guild and treasurer of that year; and the said six deacons to make thirteen persons thereof and to them to be chosen the merchants and two craftsmen, and these persons to be called the new council; and if any person of the merchants chosen upon the new council happens to be put on the leet of another office and promoted thereto, another shall be chosen in his place by the said provost, bailies and council. Thirdly, to proceed of the choosing of the leets to the magistrates and office men, such as provost, bailies, dean of guild and treasurer upon the Friday next thereafter, there shall convene the said new council of eighteen persons and the old council constituted of twelve persons, namely, ten merchants and two craftsmen, the said new and old council making twenty merchants and ten craftsmen, and in the whole thirty persons, by the provost's odd vote, which persons solemnly protesting before God that they shall choose the persons whom they find most suitable, without favour, hatred or any kind of collusion, then shall begin and choose the leets to the said magistrates and office men, to every one of them three leets: that is to say, to the provost, two leets with himself; to the four bailies, every one of them three leets, the old bailies not being one, unless they be newly chosen thereto; to the dean of guild, two leets with himself; and to the treasurer, two leets with himself; which whole leets shall be of the order and calling of merchants, as said is. Fourthly, to proceed to the electing and choosing of the said magistrates and office men upon the Tuesday next after Michaelmas yearly, there shall convene the said thirty persons of the new and old council, and with them, the rest of the deacons of crafts which are not of the council, extending to eight persons, the whole persons so convening extending to thirty-eight persons by the said odd vote, thereof twenty merchants and eighteen trades, which persons shall begin at the leets of the provost and every one in their own rank give their votes to such as they find most suitable for the good of the town, according to their conscience and knowledge, without feud or favour; and on whom the greatest number of votes shall fall, that he be sworn, received and admitted provost for that year. And so to proceed through the leets of the bailies, dean of guild and treasurer until the said election be completely ended, the said provost, bailies, dean of guild, treasurer and council elected, as said is, making in the whole twenty-five persons, they only and no others shall have the full government and administration of the whole common good of this burgh in all things as the provost, bailies and council thereof or of any other burgh had of before or may have hereafter by the laws or custom of this realm, infeftments and privileges granted to this town by our sovereign lord's most noble progenitors, excepting always these causes following, in the which, the whole fourteen deacons of crafts shall be called and adjoined with them to give their special vote and consultation thereto, to wit, in the election of the provost, bailies, dean of guild and treasurer as said is, in setting of feus or any manner of tacks above the yearly rouping upon Martinmas, even in giving of benefices and other offices within burgh, in granting of extents, contributions, imprints and likewise, building of common works and in conveying of the common good above the sum of £20 together, providing nevertheless that the deacons not of the council, nor any of them being personally warned to that effect, and absenting themselves so often, the last deacon or any other that was in leet with him that year shall supply their place; and they being personally warned and absent, the rest compearing shall have power to proceed; if any of the provost, bailies and council be absent, the rest who are present shall choose another in their place. And to avoid all suspicion that has risen in time past through the particular assemblies, conventions and convocations contrary to the acts of parliament and to the trouble of the quiet state of this burgh, it is agreed and concluded that neither the merchants amongst themselves, neither the crafts and their deacons or visitors, shall have or make any particular or general conventions as deacons with deacons, deacons with their crafts, or crafts amongst themselves, far less to make private laws or statutes, poind and distrenzie at their own hands for transgressions, by the advice and consent of the provost, bailies and council, excepting always that the dean of guild may assemble his brethren and council in their guild courts, according to the ancient laws of the guildry and privileges thereof; and that any one craft may convene together amongst themselves for choosing of their deacon at the time appointed thereto and in manner before expressed, making of masters and trying of their handy work only. And if any brother or deacon of crafts shall find out or devise any good heads that may tend to the good of their crafts, they shall propose the same to the magistrates, who shall set forward an act or statute thereupon and interpose their authority thereto as it being found reasonable. Item, as touching the commissioners in parliament, general councils and commissioners in convention of burghs, it is thought good by the commoners that in all time coming that one of the said commissioners for the burgh of Edinburgh shall be chosen by the said provost and bailies out of the number and calling of craftsmen, and that person to be a burgess and guild brother of the burgh of the best expert ways and honest reputation. Item, it is agreed that the auditors of all the town's accounts shall hereafter be chosen of equal number of merchants and craftsmen by the provost, bailies and council. Item, toward the long controversies for the guildry, it is finally, with common consent, appointed, agreed, and concluded that as well craftsmen as merchants shall be received and admitted guild brother, and the one not to be refused nor secluded therefrom more than the other, they being burgesses of the burgh as suitable and qualified thereof; and that guild brethren to have liberty to use merchandise, their admission and trial of their qualification to be in the power and hands of the provost, bailies, treasurer and council, with the dean of guild and his council, which shall consist in equal number of merchants and craftsmen, guild brethren not exceeding the number of six persons by the dean of guild himself; and that no person, of whatsoever faculty he be, shall possess the benefit of a guild brother unless he be received and admitted thereto as said is. Item, that no manner of person be suffered to use merchandise or occupy the handiwork of a free craft within this burgh or yet to exercise the liberty and privilege of the said burgh unless he be burgess and freeman of the same. Item, because the merchants and craftsmen of this burgh are now to be incorporated in a society and to make a whole town and common good, it is thought expedient and concluded to be abrogated the former custom of dividing and setting of taxes wherein the merchants paid the fourth part and the craftsmen the fifth part; and therefore it is agreed that as they watch and ward together, so in all extents, imprints, contributions and the like subsidies to be imposed upon the burgh, merchants and craftsmen to bear the burden and charge thereof indifferently overhead according to their ability and substance, through the whole quarters of the town, without division of the rolls in merchants and craftsmen† in any time coming, the extentors shall be of equal number of merchants and craftsmen, eight persons of the one calling and eight persons of the other, to be elected, sworn and received by the provost, bailies and council out of the most discreet and skilful of all the town, void of all partial affection and hatred; and that no manner of person using the trade of merchant or craftsmen and occupying the freedom of the burgh and able to [pay]† any extent, not bearing the office of provost or bailies in the meantime, shall be in any way exempt from the real and actual payment thereof. Item, as the whole body of the town consisting of merchants and craftsmen does bear a common burden of watching, warding, taxing and of the like portable charges having a common good proper to none, so equal† it is for making of an [equal]† unity and charitable concord that there be in the whole town some collection and† a purse not peculiar to any one, but common to all, of the whole duties and casualties called the entry silver of apprentices, upsets,† weekly pennies, penalties and likewise to be collected in all time coming and received both of the merchants and craftsmen and put in a common purse; and to this effect, the merchants to take and have apprentices as well as craftsmen and to be restricted and obliged thereto, and no apprentice always to be received of either of them for shorter time than the space of five years complete; and for the better knowledge to be had hereof, and for observing of good order in collection of the same, that there be a common book made and kept by the common clerk of this burgh, present and to come, wherein the names of all apprentices to merchants and craftsmen, the name of their master, day of their entry and space of their apprenticeship, shall be inserted and booked, for the which the clerk shall have off every person at their booking 6d, and for the extract thereof 12d, which book shall be to the apprentice a sufficient probation of his entry and a charge to the collectors of the duty; if any man be an apprentice hereafter and not put in the said book, his apprenticeship shall be to him of no effect. Also by reason every industry is not of like valour and substance, it is declared that† each rank or degree of apprentices shall pay, to wit, the merchant apprentices and such kind of people as were accustomed to stent with them and are not under [one of]† the said fourteen crafts to pay at his entry the day of his booking to the said collection 30s and at his upset or end of his apprenticeship £5; the apprentices to a skinner, surgeon, goldsmith, butcher, shoe-maker, tailor, baker and hammerman at their entry and booking to the said collection 20s and for their upset £5; the apprentice to a mason and wright at his entry 13s 4d and at his upset £3 6s 8d; the apprentice to a weaver, fuller, bonnet-maker and furrier at his entry 10s and for his upset 50s; and these duties to be [taken]† by their weekly pennies and duties of their burgess-ships. And to cause all persons to be more willing to enter themselves in apprenticeship with the burgesses and free men of this burgh, this privilege is granted to the said apprentices that they shall pay no more for their burgess-ship to the dean of guild [but]†£5 by the duties aforesaid; and in augmentation of the said collection, when any persons shall happen to be made burgesses of this burgh who was no apprentice to a merchant or craftsman, free burgess of the said burgh, or has not completed his apprenticeship, shall pay to the said collection at his admission the double of the whole apprentices or entry silver, upset and booking by the duty paid to the dean of guild for his burgess-ship or guildry, which is £20 for his burgess-ship and £40 for his guildry, the privilege always of the bairns of burgesses and guild brethren not being prejudiced hereby, who shall pay the old and accustomed duty to the dean of guild only, their duties and collections or casualties of entry silver, upsets, weekly pennies, penalties and likewise, to be received in all time coming of all merchants and craftsmen, indifferently put in the common purse and employed by advice and command of the provost, bailies and council for support and relief of the failed and decayed burgesses, merchants and craftsmen, their wives, bairns and old servants and other poor indwellers of the town; the provost, bailies, council and whole deacons every year after election of the magistrates shall choose the collectors of the said duties and casualties of equal number of merchants and craftsmen and to devise and set down such good order as they shall think suitable and expedient for the perfect and ready bringing in thereof; and lastly the said collectors shall make yearly accounts of their intromission therewith at the time of the making of the town's accounts, and find caution at their admission for account reckoning and payment. Item, it is ordained that both the said parties, merchants and craftsmen present and their successors, shall inviolably observe and keep this present appointment and decreet arbitral and every head, clause and article contained therein, likewise his majesty and the said judges will and ordain them with willing hearts to put in oblivion all past enormities, embrace and entertain love and amity and, as they are of one city, so to be of one mind, then shall they be accepted of God, stop the mouths of them who take occasion by their division to slander the truth, then shall they be more able to do our sovereign acceptable service and have a standing and flourishing commonwealth, and finally his majesty and the said judges will esteem their long travail fruitfully bestowed. Moreover, his majesty and the said judges ordain [the] practise and execution of this present appointment and decreet to be and begin after the day and date hereof, and to continue and be observed and kept as a perpetual [law]† in time coming; and whosoever contravenes the same shall be reputed and held a troubler of [the] quiet state of the commonwealth, incur the note of infamy and forfeit and lose their freedom for ever, and otherwise to be pursued and punished as seditious persons, according to the laws of this realm, with rigour and extremity. And ordain this act to be ratified and approved in his highness's next parliament, and in the meantime the same to be acted and registered in the books of council and session and have the strength of acts and decreets of the lords thereof, and that their authority be interposed thereto and letters and executorials to pass thereon in the appropriate form; and for acting and registering the same make and constitute Masters John Sharp, John Preston, John† Craig, John Skene, [our]† procurators jointly and separately, promising ratification in fuller form. In witness whereof, the said judges and oversmen, together with the said commissioners, in token of their consents and acceptance of the premises, have subscribed this act with their hands as follows, day year and place aforesaid. It is thus subscribed, James Rex. Robert Fairlie of Braid, Archibald Napier of Edinbellie, knight, James Johnston of Elphinstone, John Cockburn, Robert Pont, David Lindsay, Alexander Clerk [of Balbirnie], provost, Master Michael Chisholm, bailie, Andrew Slater, bailie, John Adamson, bailie, Master John Preston, dean of guild, Mungo Russell, treasurer, Robert Kerr, younger, Henry Charteris, John Morrison, John Harwood, John Robertson, William Nisbet, Alexander Napier, James Ferguson, William Maule, John Johnston, Edward Galbraith, Gilbert Primrose, John Watt, James Urr, with my hand, William Pringle, Edward Hart, John Bairnsfather, tailor, Thomas Dickson, Andrew Williamson, Thomas Wright, William Bickerton, William Somer, Allan Newton, William Weir, William Coutts, with our hands, at the pain led by the notaries underwritten† because we cannot write ourselves. Thus is Mr Alexander Guthrie, notary public and witness in the forgoing, by mandate of the said persons who do not know how to write, as they assert, and witness this my sign and subscription manual, done on 14 and 25 May 1583. Thus is Mr David Guthrie, the writer in the foregoing, by mandate of the said persons who do not know how to write, as they assert, witness [my] own hand.
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Our sovereign lord, with advice of the three estates of this present parliament, for great and weighty considerations moving his highness and for the good, true and thankful service done to his majesty by his right trusty cousin and counsellor David, earl of Crawford, lord Lindsay, has ratified and approved, likewise his highness, with advice aforesaid, for him and his successors, ratifies, approves and affirms the letters of demission and resignation made by John Ruthven, commendator of Scone, with advice of the steward and convent thereof, in our said sovereign lord's hands in favour of the late William [Ruthven], sometime earl of Gowrie, his male heirs and of tailzie mentioned therein, of all and sundry the lands and barony called of old the barony of Gowrie and now the barony of Scone, commonly called, above the water of Isla, under the water of Isla, under the brae called Angus, and so word by word, as the first infeftment bears, together with the infeftment made by our said sovereign lord to the said William, sometime earl of Gowrie, his male heirs and of tailzie aforesaid of all and sundry the aforesaid lands, baronies and others particularly above-mentioned, and the infeftment made by our said sovereign lord to the said David, earl of Crawford, his heirs and assignees, of all and sundry the same lands, baronies, lordships and others particularly before-expressed, coming in our said sovereign lord's hands through process and doom of forfeiture orderly led and deduced against the said late William, sometime earl of Gowrie, for certain crimes and treason of lese-majesty committed by him, whereof he was orderly convicted, as the said demission and infeftments respectively in themselves purport. And likewise our said sovereign lord, with advice aforesaid, for the causes above-written, ratifies and approves the infeftments and letters of presentation, charters and sasines following thereupon, made and given by his highness to the said right trusty cousin and counsellor, his heirs and assignees heritably, of all and sundry the lands and tenements underwritten, which sometime pertained to the late Master George Crichton of Cluny and coming in his majesty's hands and at his disposition through being of the said late Master George begotten and born bastard, or coming in his highness's hands as last heir of the late [...] Crichton, daughters to the said late Master George, or by the forfeiture led against John Crichton, sometime of Ruthven, pretending him heir of tailzie to the said late Master George or his daughters aforesaid: that is to say, the infeftment made by our said sovereign lord to the said David, earl of Crawford and his aforesaids, of all and whole their two tenements of lands lying within the burgh of Edinburgh, the one in the Castlehill, the other at the salt tron, both on the south side of the High Street; the presentation made by our said sovereign lord to Robert [Pitcairn], commendator of Dunfermline and convent thereof, superior of all and whole the lands of Cluny, with the fortalice, manor place, mill, dovecot, yards and pertinents thereof, together with the lands of Lathalmond and their pertinents and [...] acres of land lying beside the town of Dunfermline, with a tenement of land lying in the town thereof between the lands [...], all lying within the sheriffdom of Fife; the other presentation made to the said earl presenting him in immediate tenant to Master Robert Pont, provost of the Trinity College beside Edinburgh, and prebendary of the same, of all and whole the three husband lands and one cotland, with houses, yards and outset thereof, lying in the town of Saltoun, within sheriffdom of Edinburgh; and the presentation made to the said earl presenting him in immediate tenant to Adam [Bothwell], bishop of Orkney, commendator of Holyroodhouse and convent thereof, of all and whole the lands and acres called Halkerstoniscroft, with the pertinents, adjacent to the north loch of Edinburgh, lying in the barony of Broughton and sheriffdom of Edinburgh. And likewise our said sovereign lord, with advice aforesaid, ratifies, approves and, for him and his successors, perpetually confirms the infeftment made by his highness before to his said right trusty cousin, his heirs and assignees, of all and whole the lands, lordship and barony of Abernethy and of the other lands and annualrents therein contained, for all the days of Dame [Margaret] Leslie, spouse to Archibald [Douglas], sometime earl of Angus, for all the days of her lifetime, which lands, lordship, barony and annualrents pertained to the said Archibald, sometime earl of Angus, and thereafter coming in our said sovereign lord's hands through process and doom of forfeiture, orderly led against him for certain crimes of treason and lese-majesty committed by him, of the which he was likewise convicted in parliament, as the said sentence and process of forfeiture orderly led against him at length purports. And further, our said sovereign lord wills and grants and, for him and his successors, declares, decrees and ordains that the said infeftments and presentations and every one of them are and shall be specially excepted out of all and whatsoever his highness's revocations made in this present parliament or at any time heretofore in parliament or council, to the effect that the aforesaid lands and others before specified may remain with the said earl, his heirs and successors after the form and tenor of the said infeftment; and ordains an act of parliament to be made hereupon to be extended with all clauses needful.
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The which day, Thomas Erskine, eldest son to Alexander Erskine of Gogar, protested solemnly that the said ratification and act of parliament passed and pronounced this present day in favour of David [Lindsay], earl of Crawford, touching the lands which pertained to the late Master George Crichton, should in no way prejudice or hurt [...] Erskine, [...]† lady Ruthven or her son concerning their claim, title and right whatsoever to the same lands, and thereupon asked instruments.
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Our sovereign lord, considering that his majesty has given and conveyed by his highness's infeftment of feu ferm under the great seal to his trusty councillor Sir John Maitland of Thirlestane, knight, his highness's secretary, heritably all and whole the lands and barony of Bonkle and Preston, with parts, pendicles, annexes, connexes, outsets, woods, mills, fishing, tenants, tenantries, service of free tenants thereof and all their pertinents, lying within the sheriffdom of Berwick, as being come in our said sovereign lord's hands by the forfeiture of Archibald [Douglas], sometime earl of Angus, as the infeftment made thereupon at length purports; and likewise has given and conveyed to the said Sir John the escheat of the tacks of the teinds of the said lands and barony set to the late James [Douglas], sometime earl of Morton and assignation made by him thereof to the said Archibald, sometime earl of Angus, and of all other tacks and rights which the said sometime Earl of Angus had thereof, as the gift of escheat under the privy seal made thereupon likewise at more length purports; and now his majesty, willing that the said heritable infeftment of the lands and escheat of the said teinds shall be and remain effectual, sufficient and viable to the said Sir John and his heirs in all time coming, has, therefore, with advice of the three estates of this present parliament, ratified, approved and confirmed and, by the tenor hereof, ratifies, approves and confirms the said infeftment, with sasine followed or to follow thereupon, to the said Sir John of the said lands and barony, with parts, pendicles and others aforesaid, and likewise the said gift of escheat of the teinds thereof given and conveyed to him in all and sundry points, passes, clauses and conditions specified and contained therein; and ordains and declares this present confirmation to be as sufficient, viable and effectual to the said Sir John, his heirs and assignees as if the said infeftment and gift of escheat were inserted, word by word, in this present act. And if need be, our said sovereign lord, with advice aforesaid, wills and declares that new infeftment shall be made to the said Sir John heritably of the said lands and barony when the same is, or may be, in his hands by the forfeiture of the said sometime Earl of Angus and, now as then and then as now, wills and declares that this present confirmation shall be extended to the said infeftment to be made and be as sufficient confirmation thereof as if the said infeftment was presently made and passed without any other confirmation to pass hereafter. And further, our said sovereign lord, with advice aforesaid, has revoked, abrogated, annulled and discharged and, by the tenor hereof, abrogates, annuls and discharges all pretended infeftments, gifts of escheat, tacks, factories, rentals, rights or other titles whatsoever, if any be made or hereafter shall happen to be made by his majesty to any other person or persons of the said lands and barony, with parts, pendicles, annexes, connexes, outsets, woods, mills, fishings, tenants, tenantries, service of free tenants thereof and their pertinents, or of any part thereof, property or tenantry, or of the said teinds or any part thereof, and wills and declares the same shall be as ineffectual and have no effect, force nor strength in judgement or outwith in any time coming, so that the said Sir John and his heirs may possess, enjoy and convey the same as their heritage at their pleasure perpetually in all time coming, according to his said infeftment, without any objection, revocation, stop or impediment to be made therein in any way in time coming, renouncing and discharging the same of his highness and his successors for now and ever by this act; providing that this present ratification shall in no way be prejudicial to the letter of tack made by the late Sir William Murray of Tullibardine, knight, comptroller for the time, to Patrick Hume, younger, of Polwarth, of the twenty-six husband lands of the mains of Bonkle during the space of five years after the date thereof, but that he and his heirs contained therein may possess and enjoy the said lands until the expiring of the said space for the payment of the duty mentioned in the said tack, notwithstanding the said ratification or anything contained therein.
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Concerning the supplication presented to our sovereign lord and three estates in the parliament by Master Alexander Dunbar, dean of Moray, one of the senators ordinary of his majesty's college of justice, making mention that in the time of his highness's late dearest grandmother, Mary [of Guise], queen dowager and regent of this realm for the time of good memory, he was as one of the ordinaries of the college aforesaid and has continued therein more than the space of 25 years past, as well during her time as the time of [Mary], his majesty's dearest mother, and since, in his highness's own time, as his majesty's most constant, faithful and affectionate subject; and through his long and continual travail, being now of good age, he has become subject to sundry infirmities in his person so he is not able to continue in the service, albeit good will lacks not, most humbly therefore beseeching his majesty and estates to have consideration of his long service and present inability, and therefore, that he may possess his benefices without payment of any thirds during his lifetime, enjoying thereby the privilege and immunity sustaining the ministers thereat as he has done in times past, and with that desiring his majesty most humbly, in case his inability continues, that his absence be not imputed to him nor he have loss thereby in his living or place, or otherwise that a qualified man be nominated in his place for administration of justice, reserving to him all privileges and immunities for his long service, as the said supplication purports. Our sovereign lord and three estates aforesaid, understanding the desire of the said supplication to be reasonable, therefore will and grant that the absence of the said Master Alexander from his place in session any time shall in no way be hurtful or prejudicial to him toward his said place and living and enjoying of all privileges which he has had in times past, so long as he at any time may be able to travail and occupy his place aforesaid, and at what time his infirmity and inability be such that he becomes altogether unable and may not come to occupy the same, ordain then the lords commissioners to place another qualified person in his place, according to the commission to be directed by our sovereign lord thereupon, reserving always to the said Master Alexander, in consideration of his age and long service, all privileges and immunities which he, as one of the said senators ordinary, has had in times past, so that he may use and possess all his benefices free without payment of any thirds during his lifetime, sustaining the ministers thereat as he has done in times past; and ordain letters to be directed hereupon to make publication hereof, 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, as of before, the charter and infeftment made, granted and conveyed to William Stewart, younger, burgess of Edinburgh, of all and whole the lands of Thureston, pertinents and pendicles thereof, lying within the sheriffdom of Edinburgh and constabulary of Haddington and, by annexation, within the sheriffdom of Renfrew, and coming in our said sovereign lord's hands through process and doom of forfeiture orderly deduced and led against James [Douglas], sometime earl of Morton, lord Dalkeith, etc., or by his disposition to his sons natural after committing of certain crimes of treason and lese-majesty whereof they are convicted, as in the process orderly led and deduced thereupon at more length is contained, with the whole points, passes, clauses and articles contained therein, which is of the date at Holyroodhouse on 3 June 1581, so that the said William, his heirs and assignees may peaceably possess and enjoy the aforesaid lands, with the pertinents, according to his said infeftment made to him thereof in all time coming, after the form and tenor of the same, notwithstanding of whatsoever his highness's general revocations made of before, as if the same had been specially excepted out thereof; and ordains letters of publication hereupon, if need be, in the appropriate form.
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The which day our sovereign lord, with consent and advice of the three estates of this present parliament, has ratified, approved, confirmed and allowed and, by this act, ratifies, approves and allows the discharge, exoneration and declaration following granted, made and given to Alexander Erskine of Gogar in manner after-following, and all and sundry points, passes, clauses, articles and conditions contained therein, and has interposed and interposes their authority thereto so that the said Alexander may possess and enjoy in all time coming the whole privileges and commodities specified in the said discharge, exoneration and declaration, after the form and tenor hereof; and ordains the same exoneration and declaration, with the acquittance and discharge of James [Stewart], then earl of Arran, given upon the receipt of the castle of Edinburgh, to be here inserted for future memory:
James, by the grace of God, king of Scots, to all and sundry our lieges, subjects and others whom it concerns, greeting. Forasmuch as we and the lords of our secret council, having perfect knowledge by good proof and experience that our castle of Edinburgh, being committed to the charge and custody of our well beloved and trusty servant, Alexander Erskine of Gogar, has been faithfully, surely and diligently kept by him, and that he has done his honourable, true, thankful service and duty to us in the keeping and custody thereof since the first committing of the same to him, without any reproach or offence to be laid to his charge in any way thereupon; and also we and the said lords of our secret council acknowledge and confess that we have received from the said Alexander our said castle and all and sundry our jewels, moveables and ammunition and other things whatsoever received by the said Alexander therein at the first receipt thereof, or thereafter in his time in any way pertaining to us, wherefore we, with advice and consent of the said lords of our secret council, by the tenor hereof, exonerate and indemnify the said Alexander, his deputes, servants, their heirs, executors and assignees of their intromission with our said castle, ammunition and other things whatsoever received by him or any them therein in any time past, before the date hereof, and likewise we and the said lords of our secret council, by the tenor hereof, declare that neither the said Alexander nor any of his deputes, under-keepers, servants and officers in our said castle have committed any crime or offence whatsoever that in any way may be laid to his or any of their charges for neglecting of their office and duty in keeping of the said castle, ammunition, servants, prisoners or any other things whatsoever committed to their keeping therein, or for non fulfilling of any charges or command given to him or any of them by us or any others having our power in any time past; and therefore, with advice aforesaid, indemnify and discharge him and each one of them thereof, and shall never move, claim nor pursue action or cause against him or any of them therefore in any way in time coming, but renounce for us and our successors all instance and action we had, have or may have against them or any of them for the same, for now and ever, by this act. Moreover, this act being produced in our parliament, we shall the same be ratified and approved by the three estates thereof in all points. Given under our great seal and subscribed by us and the said lords of our secret council at Falkland on 10 August 1584 and of our reign the 18th year. It is thus subscribed, James Rex, [David Lindsay, earl of] Crawford, James Stewart, [William Stewart, commendator of] Pittenweem, [Walter Stewart, prior of] Blantyre, Sir Robert Melville, [Alexander Hay of Easter Kennet], clerk register.
At Edinburgh Castle on 8 August 1584, Alexander Erskine of Gogar, captain of the castle of Edinburgh, rendered and really and with effect delivered to the noble and mighty lord James, earl of Arran, lord Aven and Hamilton, specially constituted by the king's majesty to the effect underwritten, his highness's castle of Edinburgh aforesaid, with the ammunition, artillery, furnishings, plenishing, jewels and moveables being therein, whereof the particular accounts, as well of the charges as discharges, remains and are extant in the hands of the master and comptroller of his highness's ordinance and of the master of his majesty's garderobe, his highness's late treasurer and his deputes or others having cure and commission of the said artillery, jewels and moveables which were not specially committed to the said Alexander Erskine, but only the castle house and vessels wherein the same were ordained to be kept and preserved; and therefore the Earl of Arran, in name of our sovereign lord, and being authorised by his highness's special power and commission granted him to have received from the said Alexander Erskine the said castle of Edinburgh, ammunition, artillery, furnishings, plenishing and moveables being therein, in manner before specified and according to the power and authority of his commission granted by our sovereign lord to the effect underwritten, exonerates, indemnifies and discharges him, his heirs and executors of the same castle, ammunition, artillery, furnishings, plenishing and moveables aforesaid being therein, for now and ever, and obliged him to procure and deliver to the said Alexander and his heirs sufficient exoneration and discharge of our sovereign lord, with advice of his estates in parliament, next to be held upon the premise in due and competent form as is appropriate, with protection and security to him and his servants in such form as he shall think fit and require. It is thus subscribed, Arran, witness, Pittenweem, [Sir John Maitland of] Thirlestane, witness, Sir Robert Melville, witness, Alexander Hay, witness.
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Concerning the supplication presented to our sovereign lord and three estates of parliament by David Murray, one of his majesty's masters of stable, making mention that where his highness and the said three estates in the last parliament held at Edinburgh ratified and confirmed the gift given to the said David of the heritable gift of the lands of Kirkpottie and Cowdenknowes, which pertained of before to Gavin Hamilton, sometime of Raploch, notwithstanding any benefit granted to him since, and in the same parliament his majesty revoked all gifts and dispositions made to whatsoever persons of forfeited lands (except so many are excepted in special), and upon the said general revocation the said David obtained his majesty's gift of the liferent of the said lands which pertained to Jean Dishington, spouse to the said Gavin, and because the benefit granted to the said Jean of the liferent of the said lands was not revoked in special, the said David is troubled and molested through alleged sufficiency of his right; therefore our said sovereign lord, with advice of the said three estates of this present parliament, revokes and annuls in special all benefices granted to the said Jean Dishington at any time past, and specially concerning her liferent of the said lands whereby the said David may peaceably possess and enjoy the same according to his gift and infeftment ratified in parliament of before, and also ratifies and approves the said gift granted to the said David of her liferent of the said lands.
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Our sovereign lord, with advice of the three estates of this present parliament, ratifies, approves and confirms the contract made between his highness, with advice of the lords of his secret council, on the one part, and Eustace Rough, mediciner, with the partners, whatsoever friends and confederates of this realm, on the other part, acted and registered of before in the books of our secret council, and declares the same to have full force, strength and effect in judgement and outwith in time coming, of the which the tenor follows:
At Stirling, 22 October 1583, the which day, in presence of the king's majesty and lords of secret council, compeared Eustace Rough, mediciner, and presented and gave in the contract underwritten, subscribed by his highness and the noblemen, cautioners under mentioned, and the said Eustace desired the same to be registered in the books of secret council, which desire the said lords, finding reasonable, have ordained and ordain the same to be registered in the said books, of the which the tenor follows: At St Andrews on 23 August 1583, it is appointed, agreed and finally contracted between a most illustrious and mighty prince, James, by the grace of God, king of Scots, with advice and consent of the lords of his secret council on that one part, and Eustace Rough, mediciner, with his partners, whatsoever friends and confederates of this realm, on that other part, in manner, form and effect as after follows: that is to say, the said illustrious and potent prince, with advice and consent of his secret council, considering the chief and principal cause of the decay of mines and minerals of gold, silver, copper, tin and lead within this realm this long time past, to the great hurt and detriment of the patrimony and ruin of his crown as the common benefit of the same, partly to have been by not putting men of knowledge and judgement to the inventing, seeking out and discovering of the same, and also in admitting of such persons to the handling thereof as only having respect to their own particular commodity for advantage, had transported and carried the whole ore found and won by them in the said mines out of this realm, so that neither the prince at no time reported the profit indebted to him through that, neither yet any commodity did redound to the commonwealth of this realm by the same; and now our [said]† sovereign lord, with advice and consent of his highness's secret council, for augmenting of the revenue of his crown, whereby not only his highness shall by time be enriched, but also his realm shall feel and perceive a sure advantage, being well informed and persuaded of the perfect qualities and good knowledge and judgement of the said Eustace in seeking out and discovering of the said gold, silver, copper, tin and lead mines, who, freely upon his own charges, offers and permits to assail and enterprise the same; therefore our said sovereign lord, with advice of his council aforesaid, has set, granted and conveyed and, by this act, sets, grants and conveys to the said Eustace, his assignees and partners, friends and confederates as said is, one or more the whole gold, silver, copper, tin and lead mines and minerals within this realm of Scotland and dominions thereof, with power to the said Eustace and his aforesaids to search out, extract and discover the said gold, silver, tin and lead mines and to break the grounds, make sinks and pots therein to that effect as they shall think expedient within whatsoever part of this realm and dominions being unbuilt, unplanted or surrounded without harm, injury or trouble to them or any of them or theirs, by the lieges of this realm, and to put labourers and workmen thereto in such number as he please, being Scotsmen, but of strangers not exceeding 20 persons, extract and refine gold, silver, copper, tin and lead to be found by them within the same to such number as they may or can during all the said space, wherefore our said sovereign lord, with consent of his council aforesaid, inhibits and shall cause inhibit all and sundry lieges and subjects whatsoever of this realm, by open proclamation at all market crosses of the burghs thereof and other places needful whatsoever, by straightly inhibiting and discharging of all working, handling or meddling with any gold, silver, tin, copper and lead mines aforesaid, nor yet search, discover nor find out the same within any part of his realm and dominions thereof during all the said space without the said Eustace's or his aforesaids' special licence and consent had thereto, and from all troubling or molesting of them in working at the said mines during the said space, nor yet do nor attempt anything that may tend to the violation and breaking of any part of his highness of this act, under the pain of death; and for the accomplishment of the said enterprise, our said sovereign lord has taken and, by this act, takes the said Eustace, his assignees and partners under his highness's special protection, safeguard and defence, to be unharmed, unhurt or unmolested by any of the lieges of this realm during the same space. And for better assurance and keeping of the premises, our said sovereign lord, with advice and consent of his council aforesaid, wills and grants that this present contract be as valid and sufficient in the self as if it were a special exemption from all revocations enduring his minority nor during the same tack of 21 years, and for the more inviolable observing of the same has bound and obliged with their [own]† consents, Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, great justice of this realm and chancellor of this realm, George [Keith], earl Marischal, lord Keith, George [Gordon], earl Huntly, lord Gordon and Badenoch, Francis [Stewart], earl of Bothwell, lord Crichton and Hailes, etc., William [Ruthven], earl of Gowrie, lord Ruthven, David [Lindsay], earl of Crawford, John [Graham], earl of Montrose, lord Graham, etc., their heirs, executors and assignees, as cautioners and surety for the premises in their honours and promise, and to ratify this present contract with all points and clauses thereof, as well concerning themselves as cautioners as other heads of the same, in the next parliament whenever and wherever it shall be held. Likewise, our said sovereign lord, with advice and consent of his council aforesaid, grants to the said Eustace and his pertainers free power and privilege to cut and carry away all wood and timber out of his forests adjacent to the mines, being felled, wasted, consumed and serving for no other use but for fire; and also if it happens the said Eustace to extract any coal in seeking out the said mines, to take thereof so much for refining and smelting of the said metals as shall happen to be refined and smelted; as also to cut, extract and lead away peats out of any his highness's moss and muirs adjacent to the same, providing that he in no way set any of the said wood, coal or peat to any merchant he pleases, but uses the same to the use aforesaid only; and also to transport lead ore and sell it for pot lead to any man he pleases, paying for that to our sovereign lord the tenth stone upon the ground where the said minerals of lead ores shall happen to be won. Moreover, if it shall happen either by foreign or internal wars, the said Eustace and his pertainers aforesaid to be troubled and interrupted from their work and occupation during any space of 21 years aforesaid, it shall be lawful to the said Eustace to exercise, occupy and labour in the said mines as long after the expiring of the said 21 years as the time of his interruption was during his licence, the said Eustace declaring his interruption to his majesty and council and receiving their declaration thereupon as appertains; and that the expense which he shall bestow upon the sustenance of his workmen during the time of his interruption, the same being notified, the king's majesty to pay the third part of the expense disbursed upon the 20 strangers during the time of his interruption and to be defaulted from the king's part of the gain and profit of the years following his entry to his former occupation, which entry shall be and begin between the date of this act and 2 May 1585, and failing thereof, this present contract and tack to expire by that very fact. Likewise it shall be lawful to the said Eustace to break and open the ground in any place as he thinks expedient, being unbuilt, planted or surrounded, for the searching and extracting of the metals aforesaid, and to dress and build houses and buildings beside the mine, so many as shall be necessary for his work and workmen, he paying for that the value and profit of the ground to the owner or heritor thereof as shall be estimated by any commissioner appointed by our sovereign lord to that effect. And if there be any quarry of stone and lime necessary for building of the said house adjacent thereto, to take off the same to that use, paying for that likewise at the commissioner's will and discretion [the value thereof]† to the said owner or heritor. Lastly, for the great commodity and furtherance of his work, that his workmen be not compelled to go to other burghs or towns far distant from the place of their occupation for searching of victuals and repairing of their instruments suitable and apt for the said work and other causes needful, which may stay and hinder the said work, our sovereign lord, with advice of his council aforesaid, grants and permits to the said Eustace and his aforesaids, wherever it shall happen them or any of them to work in the said mines for discovering of the said metals, to have a free market of victual, butcher meat, fish and all others needful for his and his partners' and their servants' and families' sustenance, as for their industry and occupation; and that during all the years and terms of their remaining in this country, with express command to all burghs adjacent to the place of their occupation that none of them take upon hand to trouble and molest the said Eustace of his highness's privilege and liberty granted to him, for the which cause the said Eustace, his assignees and partners aforesaid bind and oblige them by this act to pay to our sovereign lord or his commissioners to that [effect]† during all the time and space of 21 years for every 100 ounce weight of gold, seven ounces, and for all other metals, such as silver, copper, tin or lead, ten ounces of every 100 ounces weight, reckoning to every 100 five score; and the said Eustace and his partners aforesaid shall deliver the whole rest of the gold and silver won by them in whatsoever part within this realm in the coin-house for £22 the ounce of utter fine gold and the ounce of utter fine silver for 40s the ounce, receiving gold for gold and silver for silver at the coin-house; the which gold and silver being coined in our sovereign lord's coin-house, it shall be lawful to the said Eustace and his partners to transport the same and all other minerals and metals and other things proving thereof (over and above the quantity paid to our sovereign lord) beyond sea or elsewhere he pleases for his lawful use and traffic. And further, the said Eustace and his partners aforesaid bind them to deliver yearly to our sovereign lord's own use 1,000 stones weight of smelted lead [free],† without any payment for that, and that whether the said Eustace may have the commodity of the smelting of the ore within his country or that he be compelled to transport the same beyond sea for lack of fuel or other lawful occasion whatsoever, which lead, in case it may be refined within this country, he shall deliver the same upon the ground where it is refined, and if of necessity it must be transported, he shall deliver the same to his majesty free on shore at the port of Leith; and likewise deliver yearly to our sovereign lord's use in manner aforesaid 2,000 pounds weight of copper freely, without any payment for that, whether the same copper be refined within this country or without the same. And if he shall happen to search and find out the mines near to the parts whereunto the timber, fuel, peats or coal may not easily be carried out of the forests, moss or pits pertaining to his highness for refining of the metals, in that case it shall be lawful to him to carry, take away and transport the ore of the places to whatsoever parts beyond sea where he may have the best commodity of fire and timber for refining of the same, our sovereign lord's duty being paid at the places in manner as is above-written, providing always that if at any time he leaves or omits his work after the said 2 May 1585 for the space of a year half a year, except in the winter season, or any certain space namely from April to October, then to pay to his majesty as much profit as the rate thereof would have extended to if he and his partners had wrought, reckoning according to the forenamed profit above-written; and if in case the said work be left for a space of one summer tide, unless it be for the case of foreign or internal wars or molestation of him and his aforesaids in the said work, whereby our sovereign lord may be hindered and diminished of his profit, in that case the said Eustace shall forfeit and lose privilege of the whole tacks thereafter; and likewise the said Eustace shall be bound that if any gentlemen or any other of whatsoever estate he be of this country that please to furnish or clear out proportionally for their part in this work in furnishing of money according to the rate thereof as said is, he receive him as partner with him; but in case his said work be full of partners at that present and needs no further, he shall find and seek out to them another mine, which will be as profitable and gainful to them as the mine already found shall be to the strangers. And for the more observing and keeping of this act, our sovereign lord ordained this present contract, likewise also the said Eustace consents that the same be acted and registered in the books of secret council, and in like manner his highness ordains a letter to be made under his great seal hereupon to the said Eustace and his aforesaids containing the space and duties above-written,† in the appropriate form. In witness of the which, our said sovereign lord and cautioners aforesaid and the said Eustace have subscribed this present contract with their hands, day, year and place aforesaid, before these witnesses: Robert [Pitcairn], commendator of Dunfermline, Mark [Kerr], commendator of Newbattle, James Campbell of Ardkinglas and Alexander Hay [of Easter Kennet], clerk register, providing always that this act shall not be hurtful nor prejudicial to the rights and titles which James [Stewart], earl of Arran, lord Aven and Hamilton has to certain lead mines within this realm but that the same rights shall stand and be effectual, notwithstanding this act or any conditions therein contained: It is thus subscribed, James Rex, [Archibald Douglas, earl of] Angus, [Robert Stewart, earl of] March, [George Keith, earl] Marischal, [Francis Stewart, earl of] Bothwell, [David Lindsay, earl of] Crawford, [John Graham, earl of] Montrose, [George Gordon, earl of] Huntly, [Colin Campbell, earl of] Argyll, [Andrew Leslie, earl of] Rothes, [William Ruthven, earl of] Gowrie, Eustace Rough.
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Our sovereign lord and his three estates of this present parliament ratify, approve and confirm the infeftment given and granted by our sovereign lord to his right trusty cousin and counsellor John, earl of Montrose, lord Graham, his heirs and assignees, of all and whole the lands and barony of Cowgask, with the tower, fortalice, mills, multures, woods, forests, fishings, tenants, tenantries, service of free tenants, advocation, donation and right of patronage of kirks and chaplainries of the same, with their pertinents, lying in our stewartry of Strathearn and sheriffdom of Perth, and also the office of the sheriffship, sheriff clerkship and sheriff principal of the said sheriffdom of Perth, with all and sundry privileges, fees and commodities to the same; and decree and declare the same infeftment to have full strength, force and effect as is contained therein in all times coming, after the form and tenor thereof, expressly declaring by this act that the aforesaid lands, with their pertinents, nor part thereof, are, nor shall be, in any way comprehended under our said sovereign lord's revocation made at this present parliament; but that the same is and shall be excepted, likewise our said sovereign lord, 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 effect as if the same had been contained or inserted therein, to the effect the said John, earl of Montrose and his heirs may peaceably possess and enjoy the said lands and barony, with their pertinents particularly above-written, according to the titles thereof aforesaid, with letters of publication to pass hereupon, if need be, in the appropriate form.
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Our sovereign lord and his highness's three estates of this present parliament ratify, approve and confirm the infeftment given and granted by our sovereign lord to his right trusty cousin and counsellor David, earl of Crawford, his heirs and assignees, for all the days of the lifetime of Archibald [Douglas], earl of Angus and Dame Margaret Leslie, his spouse, and thereafter for all the days of the lifetime of the said Dame Margaret Leslie, if it shall happen her to live after the decease of the said earl only, all and whole the property of all and sundry the lands and barony of Bothwell, with castles, towers, fortalices, manor places, mills, fishings, multures, woods and all their pertinents, lying within the sheriffdom of Lanark; and all and whole the lands, lordship and barony of Abernethy, with castles, towers, fortalices, manor places, yards, orchards, mills, fishings, parts, pendicles, annexes, connexes, tenants, tenantries and service of free tenants, advocation, donation and right of patronage of kirks and chaplainries of the same, and specially of the provostry and prebendaries of the college kirk of Abernethy and all other their pertinents, profits, liberties and commodities, as freely and largely in all and by all things as the said earl possessed the same in times past; and likewise the gift granted by our said sovereign lord to his said right trusty cousin and counsellor David, earl of Crawford and his aforesaids for the said spaces only of the lands and barony of Douglas and barony of Dunsire, which is worth by year and extends to the sum of 500 merks usual money of this realm, in the which sum the said Dame Margaret Leslie was infeft by herself, to be uplifted and taken up out of the same lands in special warranty and security of the said lands and barony of Bothwell until she got entry to the same by decease of Dame Margaret Maxwell, countess of Angus, according to the tenor of the contract of marriage; and decree and declare the same infeftment to have full strength, force and effect in all time coming as is contained therein, after the form and tenor thereof, expressly declaring by this act that the aforesaid lands are not, nor shall be, in any way comprehended under our sovereign lord's revocation made at this present parliament, but the same is and shall be excepted, likewise our said sovereign lord, 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 effect as if the same had been contained and inserted therein, to the effect the said David, earl of Crawford may peaceably possess and enjoy the said lands and baronies, with their pertinents particularly above-written, according to the titles thereof aforesaid, with letters of publication to pass hereupon, if need be, in the appropriate form.
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Our sovereign lord and his three estates of this present parliament, ratify, approve and confirm the infeftment given and granted by our sovereign lord to his right trusty cousin and counsellor George, earl of Huntly, lord Gordon and Badenoch, of all and whole the lands and barony of Balquhain, with the tower and fortalice of the same, the mains of Balquhain, Quhit Corse, with the mill and multures of the same, Blanboy, Aletoun of Knoken, Blewis, Nether Town of Knokenblewis, Knokalloquhy, with the mill and multures of the same, the lands of Fyde, with the mill, multures and ale house of the same, Earlsfield, Segy Den, two part and manor place of Wairdis, with the tower and fortalice of the same, together with the mills, multures, pertinents, meadows, forests, yards, orchards, places, tenants, tenantries and service of free tenants of the same, annexes, connexes and outsets whatsoever, together with the commonty, in all and whole the forest of Bannachy; and likewise of all and whole lands of Inverramsay, Petvie and Newlands, with the pendicles and pertinents of the same, of all and whole the shadow half of the town and lands of Drumdurroch, with the pertinents, the shadow half of the shadow half of the croft and chapel town of Garioch, with pendicles and pertinents of the same, lying within the regality of Garioch and sheriffdom of Aberdeen; and also of all and whole the shadow quarter of the sunny half lands of Easter Creuchie, of all and whole the shadow quarter of the sunny half lands of Middle Creuchie, and of the quarter of the sunny half lands of Creichnaleid, together with the quarter of the mill and multures of the same, lying in the barony of Chreuchie and sheriffdom aforesaid, and that in special warranty of the half lands of Littlewarthill; and all and whole the lands of Craigtowie, and also of all and sundry the aforesaid lands of Craigtowie and Craigmilne, with the pertinents; and decree and declare the same infeftment to have full strength, force and effect in all times coming as is contained therein, after the form and tenor thereof, expressly declaring by this act that the aforesaid lands, nor any part thereof, are not, nor shall be, in any way comprehended under our sovereign lord's revocation made at this present parliament, but that the same is and shall be excepted, likewise our said sovereign lord, 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 strength, force and effect as if the same had been contained and inserted therein, to the effect the said George, earl of Huntly may peaceably possess and enjoy the said lands and baronies, with their pertinents particularly above-written, according to the articles thereof aforesaid, with letters of publication to pass hereupon, if need be, in the appropriate form.
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Our sovereign lord and his three estates of this present parliament ratify, approve and confirm the letter of factory granted to George, earl of Huntly, etc., of the lands and barony of Balhelvie, lying within the sheriffdom of Aberdeen, which are one part of the lordship and living of Glamis; and also the letter of factory, chamberlainry and bailiary made to Patrick, master of Gray, his heirs and assignees, of the lands and barony of Bakie, the lands of Drumgeith, with the partis, pendicles and pertinents, lying within the sheriffdom of Forfar, the lands and barony of Longforgan and Collace, the quarter lands of Buttergask, the lands of Southbello and the lands of Forgandenny, with their pertinents and pendicles, lying within the sheriffdom of Perth, being also parts of the said lordship and living of Glamis, and the intromission of the mails, ferms, profits, duties thereof pertaining to Thomas [Lyon], master of Glamis, by virtue of his office of tutor, being under process of forfeiture the time of the granting of the said letters of factory; and decree and declare that the same shall have full strength, force and effect in all time coming, after the form and tenor in all points.
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Our sovereign lord and his three estates in parliament ratify, approve and confirm the infeftment given and granted to a reverend father in God, Patrick, commendator of Lindores, his heirs and assignees heritably, all and whole the third part of all and sundry the towns and lands after-specified: that is to say, the third part of the town and lands of Roseisle, Inschteill, Starwood, Cruikmure, Blakat, called the Kirkhill, Unthank, Balgra, Brownside, Kirkton of Duffus, Saltcots, Levings, Hauch, Darkclene, Sheriffton, Cauldcots, Bruchsie, Keam, with all and sundry their pertinents, lying within the sheriffdom of Elgin and Forres, which whole third parts of the said lands of Duffus, containing all the third parts of the towns and lands respectively aforesaid, with their pertinents, pertaining of before to Archibald Douglas, sometime of Pittendreich, natural son to the late James [Douglas], sometime earl of Morton, etc., and now pertains to our sovereign and coming in his hands by reason of escheat through the process and doom of forfeiture, orderly led and deduced against the said Archibald for certain crimes of treason and lese-majesty committed by him, whereof the said Archibald was convicted in parliament, as in the said process and doom of forfeiture orderly led against at more length bears; and decree and declare the same infeftment to have full force, strength and effect in all time coming as is contained therein, after the form and tenor thereof, expressly declaring by this act that the aforesaid lands, nor any part thereof, are not, nor shall be, in any way comprehended under our sovereign lord's revocation made at this present parliament, but that the same is and shall be excepted, likewise our said sovereign lord, with advice aforesaid, excepts the same by the tenor hereof out of the said revocation; and also decrees this present declaration and exception is, and shall be, of as great force, strength and effect as if the same had been contained and inserted therein, to the effect the said Patrick, commendator of Lindores and his aforesaids may peaceably possess and enjoy the said third part lands and towns, with their pertinents particularly above-written, according to the titles thereof aforesaid, with letters of publication to pass hereupon, if need be, in the appropriate form
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The king's majesty, with advice of the three estates of this present parliament, for certain respects and considerations moving them, has given and granted and, by the tenor hereof, give and grant to Robert, sometime bishop of Dunkeld, the like favour, privilege and benefit of pacification as is contained in the pacification made and accorded upon at Perth on 23 February 1572 [1573], ratified, approved and confirmed in the parliament held at Edinburgh in April 1573, and that the same pacification and whole clauses thereof to be as largely and favourably extended to the said Robert, bishop of Dunkeld and his heirs as if he were specially nominated and comprehended therein; therefore our said sovereign lord, with advice of the said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves the benefit of pacification given and granted to the said bishop in manner aforesaid, and wills and grants the same to be as sufficient and have the like strength, force and effect in all things and to be as largely and favourably extended to him for using and possessing of the bishopric of Dunkeld and others whatsoever, his lands, rents, possessions, rooms, houses, benefices, offices, liferents, honours, privileges and dignities which he used before whatsoever process of forfeiture led against him, for any cause or occasion bygone preceding the date hereof, as if he were specially nominated in the said pacification and the whole clauses and articles thereof herein expressed, and ordains the lords of council and session to direct letters at the said Robert's instance for repossessing him to the said bishopric and others above-written likewise and in the same manner as other obtainers of the like benefit have received before, and letters of publication to be directed hereupon as is appropriate, 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; and likewise wills and grants that the same extend not in hurt and prejudice of any feu or tack which Patrick Douglas of Kilspindie has of the lands of Aberlady, with their pertinents, or of the lands of Cramond and of the teind sheaves of the manse of Cramond and town and lands of Aberlady, with their pertinents, or any other rooms or possessions which the said Patrick has of the bishopric of Dunkeld; and likewise that the said pacification in no way hurt nor prejudice Ludovic [Stewart], duke of Lennox, his right, title and tacks whatsoever which he has to the teind sheaves of the parish of Cramond, they always paying to the said bishop the duties and mails thereof used and wont.