[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.