[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the charge of their own diocese, but in like manner with his grace's service in council and otherwise, has abrogated, rescinded, retreated and annulled and, by this present act, retreats, abrogates and annuls all and sundry gifts of pensions conveyed and given to whatsoever person or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.