On the third day of parliament
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The parliament of our supreme lord the king held in the great hall of the palace of Linlithgow on 10 December in the year of the Lord 1585 by our said supreme lord the king and the three estates of the realm, together with officials and James Matheson, dempster.
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The king being present.
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†Forasmuch as in the troublous times bygone, diverse of our sovereign lord's lieges have taken on them a licentious liberty and presumption to speak and write many things of his majesty uncomely and no way allowable in any Christian realm or commonwealth, which has been in times past and may be in time coming the occasion of disorder and unquietness if the like shall be suffered hereafter unpunished, therefore our sovereign lord, with advice of his three estates convened in this present parliament, statutes and ordains that all his highness's subjects contain themselves in quietness and dutiful obedience to his highness and his authority, and that none of them presume or take upon hand publicly to declaim or privately to speak or write any purpose of reproach or slander of his majesty's person, estate or government, or to deprave his laws and acts of parliament or misconstrue his proceedings, whereby any misliking may be moved between his highness and his nobility and loving subjects in time coming, under the pain of death; certifying those that do in the contrary, they shall be reputed as seditious and wicked instruments, enemies to his highness and the commonwealth of this realm, and the said pain of death shall be executed upon them with all rigour in example of others.
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†The which day Francis, earl of Erroll, lord Hay, constable of Scotland, declared in presence of the king's majesty and three estates of this present parliament that there was of old one contention between the constable and admiral for the priority of their vote and place in parliament in the days of the late Mary [of Guise], queen dowager and regent of this realm, at the which time it was concluded that the constable should first vote in parliament, notwithstanding that he sat not amongst the rest of the earls, but for the doing of his office in parliament sat low down in the parliament house, and therefore unless the king's majesty and estates restored him to the ancient degree and priority in voting which his predecessors had, refused to vote in this present parliament, and protested that although Francis [Stewart], now earl of Bothwell at this time has voted before him, that it hurt nor prejudice not him.
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†The king's majesty, considering that there is no greater occasion of wrongs and disorders amongst his subjects than the ignorance of his highness's laws and acts of parliament and the negligent execution of the pains thereof upon such as worthily deserves the same, wherefore his highness, with advice of his three estates convened in this present parliament, has ratified and approved and, by the tenor hereof, for his highness and his successors, ratifies, approves and perpetually confirms all and sundry the lovable laws and acts of parliament of this realm made by his majesty and his most noble progenitors now standing in force, except such as are expressly derogated in this present parliament; and ordains the same laws and acts to be observed and to be put to full execution in time coming after the form and tenor of the same and under the pains contained therein, charging all his highness's judges, officers and ministers of the laws and others whatsoever to whom the execution of the said [laws]† and acts appertains, that they faithfully and diligently put the same to due execution in time coming, to the comfort of all [his]† highness's good and peaceable subjects and punishment of the wicked; certifying those that shall be found remiss, negligent or corrupted in that behalf, they shall be called, pursued and punished for that with all rigour in example to others.
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†Our sovereign lord, understanding of the grudge and complaint of diverse his loving subjects for alleged extortion used on them in taking of greater fees [for] seals by the ushers of his chamber and for subscription of his officers than heretofore has been accustomed, howbeit the ancient lovable custom ought not to be transgressed, therefore, by advice of his three estates convened in this present parliament, gives full power and commission to [John Graham, earl of Montrose], his highness's treasurer, master usher, [John Maitland of Thirlestane], secretary, [Andrew Wood of Largo], comptroller, [Walter Stewart, prior of Blantyre], keeper of the privy seal, [Sir Robert Melville of Murdocairnie], treasurer depute, [Sir Lewis Bellenden of Auchnoull], clerk of justiciary, [Alexander Hay of Easter Kennet], clerk register, [David MacGill of Nisbet and Cranstoun-Riddel], advocate, and director of the chancellery, or three of them, to convene, enquire and try by truth of registers and information of persons most ancient and of best knowledge what was the ancient and is the present form of payment for seal fees, chamberlain fees and subscriptions of his said officers, and to appoint such reasonable fees and duties as should be paid by his subjects in time coming, that they, knowing the certainty, may do that which becomes them without grudge or murmur; and in case they be extorted, may the better complain and seek remedy of his highness and his council, which ordinance allowed by his majesty and published shall have the like force and effect as if it were statute by his highness and his whole estates in parliament, until his next parliament and further until the same be discharged or reformed by parliament.
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†Our sovereign lord, considering that for the better winnowing of the corns in the harvest season there is a great vacation of the sitting of the session and college of justice from 31 July to 12 November, and sundry other particular vacations appointed in the time of superstition for feasting, and now, considering that the intermission of the sitting of the session at such times is in many ways unprofitable and needless, and that it is no less convenient to have some time of vacation at the times of the sowing as of the shearing, therefore our sovereign lord, with advice of the three estates convened in this present parliament, statutes and ordains that the session and college of justice in time coming shall begin their sitting, calling and administration of justice after the great vacation of harvest on 1 November yearly, and shall sit thereafter every day (the Sundays excepted) until 1 March, and that the whole month of March shall be vacation for the oat seed; thereafter the session to convene and sit during the whole month of April, the Sundays excepted, and at the end thereof, to rise and vacation to be for the barley seed during the month of May; and thereafter, to convene and sit again continuously, the Sundays excepted, from 31 May until 15 August, dispensing with all other times and diets appointed in time bygone by the institution of the college of justice or whatsoever other acts heretofore made.
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†The king's majesty, considering the great and shameful dilapidation of the rents of the benefices of this realm, without respect of the posterity, to the great hurt of the crown and commonwealth of his realm, therefore, for some stay of the said disorder until the inconveniences past may be better tried and the full remedy provided, by the advice of the three estates convened in this present parliament, statutes and ordains that all persons to be provided hereafter to the bishoprics, abbacies, priories or whatsoever inferior benefices, being at his highness's presentation, shall, before the expedition and registration of their signatures, find surety to the clerk, keeper of the register, that they shall leave the said benefice at their decease and demission unhurt or diminished in the quantity of the yearly rent thereof, as they find it at their entry thereto; and that their signatures and provisions in any way be expedited or pass the seals until the said surety be found and the same testified by the same clerk. And in case any of the said persons provided to the said benefices shall happen to do otherwise and, by any feus, tacks, pensions or changing of victual for money or any other disposition, shall make their benefice in worse estate than the same was at their entry thereto, all setting and disposition shall be of no value, force nor effect.
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Forasmuch as there was an act made of before in the regiment of the late Mary [of Guise], queen dowager and regent of this realm, our sovereign lord's grandmother of worthy memory, concerning leagues and bonds as being thought against all law and obedience of subjects towards their princes, which act, since the making, has not been well observed, it has given occasion in a part of many troubles that have occurred since; therefore our sovereign lord, with advice of his three estates convened in this present parliament, ratifies, approves and, for his successors, perpetually confirms the said act of parliament and ordains the same to have full effect and execution in time coming; and also of new, with advice of his said three estates, discharges and annuls all leagues and bonds made between his lieges and subjects in time past preceding the date hereof, and statutes and ordains that in time coming [no]† leagues and bonds be made amongst his subjects of any degree upon whatsoever colour or pretence without his highness's or his successors' privity and consent had and obtained thereto, under the pain to be held and executed as movers of sedition and unquietness, to the break and trouble of the public peace of the realm, and to be called and pursued for that with all rigour in example of others.
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The which day, in presence of our sovereign lord and three estates of parliament, compeared personally noble and potent lords George, earl of Huntly, lord Gordon and Badenoch, and John, earl of Morton, lord Maxwell, in name and behalf of the earls, lords, barons and gentlemen of this realm; and protested that in respect all leagues and bonds made between whatsoever our sovereign lord's lieges and subjects in time coming are discharged, annulled by act of parliament this instant day, and also in time coming it is statute and ordained by the same act that no leagues nor bonds be made amongst whatsoever our sovereign lord's lieges of any degree, under any certain pain contained in the same act as said is at more length bears, that all fees, lands and casualties given out by the said two earls and others aforesaid to their dependants for their lieges, bonds and service may return to themselves, to be possessed and conveyed by them as they think expedient; and thereupon the said earls of Huntly and Morton, for themselves and in name and behalf aforesaid, asked instruments.
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†Our sovereign lord and three estates of this present parliament, considering the great harm and inconvenience which diverse of his highness's good subjects have incurred and daily sustain through charges purchased against them by the importunate and unreasonable suit of private persons to compear before his highness and his secret council to answer concerning enquiries under the pain of rebellion, and if they fail, to put them to the horn, or to do any deed under the pain of treason or rebellion, and if they fail, immediately to denounce them to the horn, no cognition taken in the cause, or enter themselves in ward in some of his highness's castles or prisons in short space under the pains of treason or horning, without any calling or cognition taken if the cause for which such letters are directed be treason or of other great importance concerning the king's majesty's person or proper estate; but rather oftentimes such letters are purchased to satisfy some party of the malice of the party, purchaser thereof, to the wrack and heavy trouble of their party or neighbour for their particular and civil causes that ought to be decided by the ordinary judges of this realm, abusing the order of justice and making a cloak of his highness's name and authority indirectly and to colour their private revenge, to the offence of God and great contempt of his highness if timely remedy be not provided; therefore, our sovereign lord, with advice of his said three estates, statutes and ordains that his highness's secretary or his deputes, keepers of the signets, pass no manner of such letters to charge any persons to compear concerning enquiries, or to enter their persons in ward; or to do any deed under the pains of treason or rebellion; and in case of failure, to denounce without calling or cognition taken of before, notwithstanding the subscription of his highness or any two or more of his council, except the same letters be specially subscribed by the chief officers of the estate, at the least by four of them, whereof the chancellor, treasurer or secretary shall be always one, and shall perfectly understand and answer that such letters are advisedly directed for matters being in themselves treason in deed, or otherwise of highest importance concerning his highness's person and proper estate, that may suffer no delay; and that the secretary admonish all his deputes and writers to the signet that none of them take upon hand to write or put in form any manner of signature or letter to be passed his majesty's hand that contains novelty or informality contrary to the lovable and accustomed style and form, notwithstanding the desire of any party under the pain of deprivation; and that every writer subscribe his name on the back of the signature or letter as allowed by him that it is written according to the ordinary style and form, and that no signature or letter [pass]† disallowed or subscribed by the writer, as said is, as they will answer thereupon at their highest charge and peril.
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†Our sovereign lord, with advice of his three estates of parliament, ratifies and approves the act made before in the parliament held at Edinburgh on 24 October 1581, and the repetition of whatsoever lands or sums of money given to the keepers of our sovereign lord's castles and fortalices to the keepers thereof in his highness's minority and less age, being constrained thereto by the aforesaid keepers before the said castles and fortalices might be relieved out of their hands, as the said act in itself at more length bears, in all points and clauses thereof, with this addition: that the said act shall be extended to all persons who, in the reign of [Mary], our sovereign lord's dearest mother, bearing authority for the time, received lands, goods, sums of money, bond, obligation or surety thereof for deliverance of the said castles and fortalices, and that the persons or their heirs obliged either as principals or as cautioners for payment of the sums of money, or to make infeftments of lands or to give any other profit to the keepers of the said castles and fortalices, and can verify and prove that the said obligation was made for that cause, shall have good action to reduce the said bond and obligation and a competent exception by virtue of this present act to make the same null and of no value whenever they shall be called for the fulfilling thereof; and if they pursue the said reduction, they shall be heard summarily before the lords of session upon 15 days' warning without diet, table or continuation of other summons.
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†Forasmuch as there was an act made in the last parliament held at Edinburgh in August 1584 concerning decreets given upon double poindings and hornings, the one part being lawfully summoned compears not in that instant and thereafter desires to be heard by way of reduction, they shall not be heard to retreat and reduce the said decreet, nor yet shall be restored again to the same, neither yet have any action for the bygone profits intromitted with by the obtainer of the decreet, as at more length is contained in the said act, which act is not only extended to all such questions as may occur hereafter, but also in all such matters of the like sort bygone, intended or to be intended, depending and undecided, before the lords of session and other judges ordinary, to a great hurt and prejudice of a great number of our sovereign's subjects, secluding them from their actions of reductions of decreets, of double poindings and hornings and from the profits resulting thereupon already intended and depending long before the making of the said act, who, of law and equity, ought not to be restricted to observe any statutes or ordinances before the making of the same, seeing laws should be extended in the future and not to the past; therefore our sovereign lord, with advice of the three estates of his present parliament, decrees and declares the aforesaid act of parliament only to be extended to the reduction of decreets, of double poindings and hornings as have, or shall be, obtained since the making of the same, and not to such as were intended and depending long of before; and that in respect our sovereign lord's subjects could not observe the said act before the making hereof; and ordains letters to be directed hereupon in the appropriate form.
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†Our sovereign lord, considering how at sundry times since his highness's coronation and acceptance of the government of his realm in his own hands there has been sundry persons admitted and sworn to be of his privy council, although by such a multitude making no residence but when they pleased, the majesty and gravity that ought to be in his said private council has been rather brought in decay than increased, and the care of his majesty's affairs and of the commonwealth has been rather neglected than well provided, his majesty, therefore, with advice of his three estates convened in this present parliament, has discharged and, by the tenor hereof, discharges all persons heretofore being of his privy council and presently has of new elected and nominated the persons underwritten: they are to say, John [Hamilton], lord Hamilton, Archibald [Douglas], earl of Angus etc., George [Gordon], earl of Huntly etc., George [Keith], earl Marischal, John [Erskine], earl of Mar, Andrew [Leslie], earl of Rothes, John [Maxwell], earl of Morton, lord Maxwell, Patrick [Adamson], archbishop of St Andrews, Adam [Bothwell], bishop of Orkney, William [Maxwell], lord Herries, Claud [Hamilton], commendator of Paisley, Patrick [Gray], master of Gray, Robert [Keith], commendator of Deer, Alexander [Seton], commendator of Pluscarden, and Sir James Home of Cowdenknowes, knight, captain of the castle of Edinburgh, and Alexander [Colville], commendator of Culross, with his highness's ordinary officers of his estate, to be of his highness's privy council in time coming until his highness's next parliament, and further, until they be specially discharged; and that five at least shall be a sufficient number to hear, discuss and determine in any matter belonging to the judgement of the privy council, and that the clerk shall note in his book the names of them present that sit and the king's majesty's own subscription only, with [John Graham, earl of Montrose], treasurer, [Andrew Wood of Largo], comptroller, or collector or their deputes to signatures or letters properly belonging to every one of their offices, and his highness's subscription, with the secretaries only, or his depute in his absence, to all others letters shall be sufficient warrant to the signet, privy, great and quarter seals, without any other subscriptions or writing of sederunt on the backs of the signatures of letters, as has been lately accustomed; and that the said comptroller, then collector and secretary and their deputes do their duties faithfully and diligently in every one of their offices, attending that nothing pass his majesty's hand or theirs that is a novelty or of any dangerous example against justice or his highness's honour and commodity, or to the hurt of the commonwealth, and be answerable to his highness and remainder of his council thereupon as often as they shall be required.
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†Forasmuch as in the act of parliament lately made concerning the packing and peeling of herring, white fish and other fish slain on either side of the water of Forth, it is expressly provided that all the said fish shall be brought to the ports of Leith or Crail only, there to be gathered and handled as in the said act at more length is contained, which since has been very prejudicial and hurtful to the remaining free burghs and sea ports on either side of the said water of Forth, therefore our said sovereign lord, with advice of his three estates convened in this present parliament, declares, statutes and ordains that it shall be lawful to the remainder of the said free burghs to have the said fish brought to each one of them in time coming, as well as to the said ports of Leith and Crail, notwithstanding any restriction made thereupon by the said act or otherwise of before, dispensing therewith for ever; and ordains letters of publication to pass hereupon in the appropriate form.
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†Forasmuch as sundry persons, under colour of our sovereign lord's licences granted to them, have transported and daily transport out of this realm wool, tallow, victual and such other forbidden goods, to the great hurt and prejudice of his highness's customs and the commonwealth of this realm; for eschewing of the which in time coming, our said sovereign lord and three estates of this present parliament decree, statute and ordain that all such licences for transporting of the said forbidden goods granted or to be granted by his majesty be subscribed by his highness's comptrollers, present and to come, and otherwise to be invalid and to have no force nor effect; and ordain letters to be directed to the effect aforesaid.
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†Forasmuch as in the parliament held at Edinburgh on 24 October 158[1],† there was an addition made to the acts made against notorious thieves and sorners of clans, wherein it is statute and ordained that it shall be lawful to all our sovereign lord's obedient and good subjects that shall receive any harm or damage through stealth and masterful reiving of their goods to be committed after the date of the said act by any of the notorious thieves, broken men or sorners of clans of thieves in time coming, to apprehend, stay and arrest the bodies and goods of the persons offending against them, or any others being of the same clan, their servants, defenders or partakers, wherever they shall find them in any parts of this realm, until the principals and others of the said clan cause the said harms and damage be redressed to the satisfaction of the sustainers thereof, or at least find sufficient surety to that effect to the contentment of the person that has sustained the hurt, in case it shall be found by order and trial, according to justice, that the offender and deed doer was in any way reset, supplied and maintained amongst the said clan after the offence committed, which act has not taken execution in many parts of the realm by reason of the parties sustaining the hurt apprehending the persons or goods of the persons offending them, or others being of the same clan, their servants, defenders or partakers, nor has not found the concurrence of the ordinary magistrates or other persons being of power to that effect, or others being of the same clan, their servants, defenders or partakers have not had sufficient force of their own to stay and arrest the bodies or goods of the persons which had offended them; for remedy and supply whereof in time coming, it is statute and ordained by our said sovereign lord, by advice of his said three estates in parliament, that in case any of his highness's good subjects that received any harm or damage through stealth or masterful reiving of their goods by any of the notorious thieves, broken men or sorners of the said clans of thieves in time coming, shall happen not to be of power of themselves to stay and arrest the bodies and goods of the persons that have offended against them or others of the same clan, their servants, dependants and partakers, being apprehended by them, that then the complainer shall desire the sheriff, stewart, bailie or their deputes, or provost and bailies within burgh, or any other person being of power that happens to be present for the time, to concur and assist to the same complainer in making of the same stay and arrest, according to the said act of parliament, as they will answer to his highness upon their obedience and under the pain to [be]† reputed and esteemed partakers with the said thieves in evil deeds, wherein if they fail, his highness, with advice of his said estates, declares that the said complainer, being his highness's obedient subject, shall have likewise action, criminally or civilly, against the said sheriffs, stewarts and bailies, provost and bailies within burgh, or other persons of power happening to be present for the time and failing, readily to concur and assist as said is, as against the principal thief or robber; and further declares, statutes and ordains that it shall be lawful to his highness's true and obedient subjects having their goods stolen and reived by the said notorious thieves, broken men or sorners of clans, to apprehend, take and intromit with the goods and persons of the offenders or any others of the same clan, their servants, defenders or partakers with whom the thieves and true men's goods stolen or reived by them were reset, and to retain the same as their own proper goods until the offenders or others of the said clan come to account and reckoning and make sufficient surety for redress of the true men's hurt, according to the said act of parliament, and absolves them from all danger of plunder or violent profits, but only to be answerable for the principal goods when they shall have reckoning, account and due redress of their own goods with their costs and hurts.
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†Forasmuch as it is understood by his highness that diverse barons, gentlemen, tenants and possessors of lands, rooms, possessions, teinds, teind sheaves, etc. have been compelled to make payment of their mails and duties, teinds, teind sheaves and others aforesaid at command of our sovereign lord; and by virtue of charge directed in favour of diverse persons having factories, gifts, provisions or other securities of the said fruits, which payment was made by them in good faith after the execution of the said charges and no otherwise, notwithstanding whereof diverse parties intend hereafter upon the occasion of his majesty's favour, granted in the laws and constitutions of this present parliament as otherwise, to move question against the said tenants and others, and to cause them be repealed, to repay the said mails and duties, teinds, teind sheaves and others against all good reason; it is therefore statute and ordained that all and whatsoever persons who have heretofore made payment of the said fruits to the factors and others having right thereto, and have reported their discharges thereof, shall be free and freed in time coming and of all action, instance or pursuit that may be pretended against them by whatsoever manner, discharging the lords of council and session to grant process in any of the said pursuits in time coming and all other judges and ministers of the laws within this realm.
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†Forasmuch as in our sovereign lord's parliament held at Edinburgh on 22 August 1584, there was an act made bearing that all feus of kirklands not confirmed before by our sovereign lord, his predecessors or by the Pope should be duly confirmed by his majesty within a certain space and under certain pains contained in the said act, as the same at more length purports; nevertheless, sundry troubles have increased since and the pestilent sickness spreading amongst diverse of the greatest barons has raised the chief judgements and jurisdictions of this realm and the chancellery had no established place; therefore, our sovereign lord and three estates, willing none of them to be hurt thereby, has prorogated and prorogate the said act and whole force thereof for the space of a year next after the date hereof, within the which all his lieges doing their diligence for the said confirmations shall be, in all respects, in as good case as if the said feus had been confirmed immediately after the date of the said act.
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†Our sovereign lord, understanding how far his highness is grudged by the subscribing of sundry signatures and letters at the importunate suit and desire of sundry persons, his highness not being forewarned nor truly informed of the effect and contents of the said signatures and letters; for remedy whereof, his majesty, with advice of his three estates convened in this present parliament, statutes and ordains that no signatures or letters whatsoever shall be presented to his majesty to be subscribed in time coming but by his ordinary officers to whose offices the same properly belongs, and in case any signatures either ignorantly or upon inopportunity shall happen to be subscribed by his highness otherwise, commands his said ordinary officers to stay them and in no way to subscribe or pass them, as they will answer at their highest charge and peril; which staying of the passing of such signatures shall be imputed to them for no offence, but esteemed by his majesty as acceptable and good service tending to his highness's honour and commonwealth of this realm.
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†Forasmuch as by an act of our sovereign lord's parliament, held at Edinburgh on 22 May 1584, concerning the approving of the constitution of certain officers of state, it is statute that none of the said officers shall be removable from their offices in time coming but for just and worthy causes tried by his highness and his estates in parliament; and now [James Stewart, earl of Arran], his highness's chancellor, being departed and in his majesty's danger for his highness's jewels undelivered, his majesty, with advice of his three estates, finds the office of chancellery to be vacant and that the same may be served in time coming by such a person and such a manner as his highness shall appoint.
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†Our sovereign lord, with advice of his three estates convened in this present parliament, ratifies, approves and confirms the power, privilege, consent and authority whatsoever competent to the said estates, given and granted to our sovereign lord, his council or such thereof as his majesty shall choose, for treating, conferring, contracting and concluding of a league and confederation with his dearest sister and cousin, the queen of England, at St Andrews on 5 July 1585, of the which the tenor follows:
We, the nobility and estates presently convened, understanding the course of the present proceedings in foreign parts, and that diverse princes and potentates terming themselves Catholics have joined themselves under the Pope's authority in a most unchristian confederacy against the true religion and professors thereof, with full intent to persecute their ungodly resolution with all severity, not only within their own [states]† and dominions, but also in other places and kingdoms where they can pretend no lawful power nor authority to deal, a practice of long projected thought heretofore cunningly conducted and now at last, by open and joint forces of many confederates, plainly manifested to the world what has always been intended by former covered and crafty courses, which now they have begun to put in execution in diverse places with very hard effects. And since it had pleased God of his infinite mercy to bless this realm with the sincerity of his holy Gospel (the defence whereof is the most just and lawful cause that Christians can maintain), nothing is more requisite than not only to unite ourselves sincerely and truly and join our whole powers, forces and means which God has granted us under our most religious and Christian sovereign, for the better assurance of our own state and more peaceably enjoying of so great a benefit of God, but also for withstanding of so pernicious and dangerous a course generally intended against all true professors of the truth, it is necessary that a general league and confederacy of all princes and states sincerely professing the evangel were opposed to the ungodly conspiracy of the enemies of God's truth, and specially that the crowns of Scotland and England, naturally joined by blood and habitation and religion, and thereby alike subject to the malice of common enemies, by whose union no less surety may be expected to both their estates than danger by their division, were inseparably united by more firm and strict league than has been heretofore between any princes, their progenitors, as well of the preservation of themselves as also for the better maintenance of true, ancient and Christian religion which they now profess, against all that shall attempt anything against them for the profession and maintenance of the said religion. We, therefore, the nobility and estates undersubscribing, considering the great and urgent necessity of the said league and how the same may be no longer protracted nor without peril deferred to a more solemn convention of the whole estates in parliament, and reposing ourselves upon [the]†discretion, wisdom and circumspection and most earnest zeal borne by the most noble and mighty prince King James VI, our sovereign lord, to the advancement of the said religion and maintenance thereof, have therefore, for us and in the name and behalf of the whole estates of this realm whose body in this convention we represent, fully given and granted, likewise by the tenor hereof we, for us and in name aforesaid, give and grant to our said sovereign lord, his council or such thereof as his majesty shall choose, our full power, privilege, assent and authority whatsoever competent to us and estates aforesaid to treat or cause treat, confer, contract and conclude the said Christian league and all points, heads, clauses and articles thereof between his majesty and his highness's dearest sister and cousin, the queen of England; and to nominate and appoint commissioners to that effect, to meet at such time and place as his highness shall agree to with commissioners to be directed from his dearest sister of alike in rank and honour, whose election, nomination and instructions we have remitted and hereby remit to our sovereign lord, and whatsoever his majesty shall agree to and whatsoever the said commissioners shall promise, contract, intend, subscribe or seal toward the said league and articles thereof, agreeing with their instructions, we, for us and in name aforesaid, now as then and then as now, ratify, approve and confirm and, by the tenor hereof, by our greatest and solemn oaths upon our faith and truth, promise to allow, approve, ratify and confirm by our consents in the next parliament, without question or contradiction whatsoever; providing always the said league be without infringing or prejudice in any sort to any former league or alliance between this realm and any other old friends and confederates thereof, except only in matters of religion, with the which we do fully consent the league be defensive and offensive and do solemnly avow in quarrel and maintenance thereof neither to spare lives, houses, goods, gear or whatsoever it has pleased God to grant us. In witness whereof, in presence of his highness, we have subscribed this act with our hands at St Andrews on 31 July 1585. It is thus subscribed, P[atrick Adamson, archbishop of] St Andrews, Robert [Montgomery], archbishop of Glasgow, Peter Rollock, bishop of Dunkeld, James [Stewart], earl of Arran, lord Aven and Hamilton, chancellor, Robert [Stewart], earl of March, John [Stewart], earl of Atholl, George [Keith], earl Marischal, John [Graham], earl of Montrose, treasurer, Andrew [Leslie], earl of Rothes, Robert [Keith], commendator of Deer, William [Erskine], commendator of Dryburgh, Alexander [Colville], commendator of Culross, Henry [Kinnear], commendator of Balmerino, Walter [Reid], abbot of Kinloss, William [Stewart], commendator of Pittenweem, Patrick [Leslie of Pitcairlie], commendator of Lindores, Walter [Stewart], commendator of Blantyre, Lawrence [Oliphant], lord Oliphant, Henry [Sinclair], lord Sinclair, Patrick [Gray], lord Gray, James [Stewart], lord of Doune, Patrick [Gray], master of Gray, Sir John Maitland of Thirlestane, knight, secretary, Andrew Wood of Largo, comptroller, Alexander Hay of Easter Kennet, clerk register, Henry Nisbet, commissioner for Edinburgh, George Herries commissioner for Edinburgh, Robert Forrester of Boquhan, provost of Stirling, commissioner for the said burgh, William Norwell, commissioner of Stirling, Patrick Learmonth of Dairsie, commissioner for St Andrews, Alexander Scrimgeour, commissioner of Dundee, William Duncan, commissioner of Dundee, George Cochrane, commissioner of Ayr, James Cockburn, commissioner of Haddington, Robert Rowat, commissioner of Glasgow, John Kirkcaldy, commissioner of Kinghorn, Robert Hay, commissioner of Kirkcaldy, John Ramsay, commissioner of Crail, James Anderson, commissioner for Cupar.
[1585/12/29]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of parliament ratify and approve the letters given under his highness's privy seal, of the date 24 November 1585, giving licence, power and faculty to certain persons lately forfeited to convene their friends and others of wisdom and judgement for their advice and council in the restitution of them against their said forfeitures, as in the letters aforesaid at more length is contained; and our said sovereign lord and three estates declare the said letter to be as sufficient to all intentions as if the [...] of the parliament had been interposed thereto; and further our said sovereign lord and his said three estates ratify and approve all things done and consulted by virtue of the said letter, of the which the tenor follows:
James, by the grace of God, king of Scots, to all and sundry our lieges and subjects whom it concerns whose knowledge these our letters shall come, greeting. Forasmuch as we, for certain great and weighty considerations moving us, are of will and mind to restore and rehabilitate our right trusty cousins John [Hamilton], lord Hamilton, Archibald [Douglas], earl of Angus, lord Douglas and Abernethy and certain others, with their posterity, as shall be contained in the said restitution, whereupon we are minded to make them all security needful, and to that effect necessary it is that they have the advice and consultation of their most trusty friends and others of good knowledge and experience to that effect, therefore we, with express advice of the lords of our secret council, have given and, by these our letters, give full licence, faculty and power to whatsoever person or persons whose council and advice shall be craved concerning the said restitution and rehabilitation, to travail, solicit, and give their advice and council thereto as shall seem most necessary for the effect aforesaid, with the which they, nor none of them, shall incur no penalty nor fault, notwithstanding our late act of parliament or any other our laws or constitutions made in the contrary. Moreover, we ordain and declare that this our present licence shall be of as great force and effect to all and sundry persons who shall be employed in the premises as if they were expressly named in these our letters, which, with all that shall follow thereupon, we promise shall be ratified and approved in this our running parliament, given under our privy seal at our palace of Linlithgow, 20 November 1585 and of our reign the nineteenth year. By signature by the hands of our supreme lord the king and lords of the privy council underwritten.
[1585/12/30]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, having at sundry times heretofore commanded order to be taken [with]† the estate of his house and toward his property whereupon the same should be sustained, as finding nothing effectually done thereupon as yet but in default of the same diverse abuses entered and still continuing in the said house and great diminution of his highness's rents, his majesty's debts in his own house always increasing, for remedy whereof, his majesty, by advice of the lords and of his estates also in parliament, has made and caused publish diverse revocations, which notwithstanding, has taken small effect to his highness's commodity because the things appointed to be recovered and brought again to the same revocations were always newly imprinted and purchased of his majesty by importunate and unreasonable suits, where his highness's own necessity ought first to be provided for; therefore, his highness, yet as of before, with advice of his three estates convened in this present parliament, revokes, abrogates and annuls all infeftments, tacks, pensions, gifts, assignations, reversions and exceptions whatsoever made of the rents of his property annexed and pertaining to his crown in the days of his dearest grandfather, King James V of worthy memory, or in any time past preceding the date hereof, being of their own nature or by custom or laws of this realm revocable, and declares the said infeftments, tacks, pensions, gifts, assignations, reversions and exceptions to have been and to be null and invalid for the crop and year of God 1585, Whitsunday [30 May] and Martinmas [11 November] terms of the same and in time coming, notwithstanding any ratifications or confirmations thereof by parliament or otherwise; and ordains the said rents to be charged for, intromitted with and brought in to his highness's proper use by [Andrew Wood of Largo], his majesty's comptroller, and his deputes to his highness's use. Moreover, his majesty avows in the word of a prince, promising inviolably to observe this act and to abstain from all new disposition of any of his said rents revoked as said is until his own necessities be first of all duly and sufficiently provided for, as also to allow of that good form in his house which the said lords of his secret council and officers of his estate appointed in this present parliament shall appoint, to begin on 1 January 1586, discharging his highness's comptroller of all answering or admitting of any precepts or fees, pensions or wages to any persons of the terms aforesaid, or in any time coming thereafter, until it be newly directed and specially appointed by his highness, with advice of the said lords of his privy council and officers of his estate sitting together in that number, which, by his present parliament, is appointed his highness's necessities, being first considered what pensions, fees and wages shall be allowed and paid in the office of comptroller of the year of God aforesaid and in time coming, to the effect it may [be]† seen that the things commanded to be answered are reasonable and profitable to be done without his majesty's hurt and inconvenience, his own necessities being always first considered and provided for as said is, and consideration had also of the payment of his past debts so far as is possible; certifying the said comptroller if he do in the contrary, he shall have no allowance of his doing, notwithstanding any warrant passed before the date of this act. Excepting and reserving always the infeftment of the earldom of Orkney and lordship of Shetland to Robert, earl of Orkney, providing his majesty be satisfied as appertains; as also excepting and reserving the infeftment made to Andrew, lord of Dingwall, of the castle and living and lands of Dingwall, fishing of the water of Conan and others contained in his infeftment, and the liferent made and given by his majesty to William Murray, servant in his chamber, of the lands of Cornetoun according to the gift made to him under the privy seal thereupon, which his majesty wills not shall fall (with provision and condition aforesaid for Orkney) under this his highness's revocation; and ordains letters to be directed to make publication of the premises by open proclamation at the market crosses of the head burghs of the sheriffdoms of this realm and other places needful, that none pretend ignorance of the same.
[1585/12/31]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, deeply considering the many troubles and calamities continuing within this realm since his majesty's coronation through the civil trouble beginning upon the variable disposition of his highness's subjects toward his service, and of the other many dissentions arising thereafter amongst the nobility of his realm, whereby the estate of the commonwealth has been wonderfully afflicted, his majesty, of his princely care and affection, pitying the troubled estate and being most desirous of the union and concord of all his subjects and to continue their hearty love and favour toward his majesty, and to give all his good subjects the better occasion to continue in their obedience in time coming and being fully minded, as he takes God to witness, to govern and rule his subjects and realm in justice and right, and rather by love than by dread, considering therewithal the most humble behaviour of his beloved subjects, John [Hamilton], lord Hamilton, Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, Francis [Stewart], earl of Bothwell, lord Hailes and Crichton, great admiral of this realm, John [Erskine], earl of Mar, lord Erskine, John [Maxwell], earl of Morton, lord Maxwell, Alexander [Home], lord Home, Thomas [Lyon], master of Glamis, Lord Claud Hamilton, commendator of Paisley, William Douglas of Drumlanrig, William Kerr of Cessford, James Home of Cowdenknowes, knights, David [Erskine], commendator of Dryburgh, Adam [Erskine], commendator of Cambuskenneth, Master William Erskine, parson of Campsie, William Baillie of Lamington, James Hamilton of Haggs, his brother, and servants Alexander Hamilton of Innerwick, Robert Hamilton of Bathgate, Robert Hamilton of Silvertonhill, younger, James Hamilton of Stonehouse, John Hamilton of Orbiston, Robert Hamilton of Lickprivick, John Hamilton, younger, of Preston, Patrick Hamilton of Kincavel, James Weir of Blackwood, James Lockhart of Lee, Robert Hamilton of Dalserf, younger, Patrick Hamilton of Dalserf, Master John Hamilton of Barncleuch, Claud Hamilton of Brownhill, Robert Hamilton of Carse, Master Patrick Hamilton of Fairholm, Arthur Hamilton of Bothwellhaugh, James Hamilton of Scherall, John Hamilton of Woodhall, Robert Hamilton, younger, of Newhouse, James Baillie and Alexander Baillie, sons to Alexander Baillie of Littlegill, John Hamilton, parson of Crawfordjohn, James Hamilton of Tweedieside, Thomas Hamilton of Shotts, Thomas Hamilton of Priest Field, with his brother, Oliver Hamilton, burgess of Hamilton, John Fairlie of [...], Richard Johnston, James Hamilton, younger, of Parkhead, James Muirhead, younger, of Lauchope, Robert Baillie of Jerviston, Robert Baillie of Park, Archibald Hamilton of Letham, Walter MacAlister, George Douglas of Parkhead, James Douglas and George Douglas, his sons, John Carmichael of that Ilk, Robert Douglas, brother to William Douglas of Cavers, Walter Douglas in Little Sauchie, John Lyon of Cossins, James Lyon of Easter Ogil, John Ogilvy of Ballinshoe, Henry Ogilvy, his son, James Arbuthnott of Lyntusk, John Arbuthnott, his son, David Arbuthnott, Alexander Lyon and others, their friends, servants and dependants being in their company with them at their repairing to his grace at Stirling on 2 November 1585, their honest and comely demeanour continuously since his majesty has found that they have been and are his obedient lawful and trusty subjects; therefore his highness and three estates in parliament, for propagation of the Christian religion, extinction of all factions, sedition and strife and for the surety of all his lieges and especially of the persons above-specified, their friends, servants and dependants and others who shall have the benefit of this present act and establishing of an universal peace and concord within this realm, has resolved upon the remedies following: first, our sovereign lord and his three estates in parliament, for the good and surety of his lieges and weighty considerations moving him tending to the furtherance and establishing of peace and justice, the quietness of the realm and universal obedience to his authority, have declared, decreed and ordained and, by the tenor hereof, declare, decree and ordain that all and sundry processes and sentences of forfeiture deduced and given in parliaments, justice courts and particular diets, all hornings and penalties following thereupon or proceeding at our sovereign lord's instance for his particular interest, for whatsoever crimes, attempts, facts and deeds done or assisted being or that may be interpreted to be against his majesty since his coronation, and for whatsoever other crimes, causes, and offences specified and contained in the sentences of forfeiture led and processes of horning executed against whatsoever persons, men or women, excepting as shall be declared, at any time heretofore since his majesty's coronation, are, and shall be, void and of no value, strength, force nor effect in all time coming, excepting always the forfeitures led and standing in strength and force against the persons convicted for the cruel, horrible and treasonable murder of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, the processes of forfeiture and barratry led against James [Beaton], sometime archbishop of Glasgow, John [Leslie], sometime bishop of Ross and William [Chisholm], sometime bishop of Dunblane, with all the consequences and dependants thereof, which are in no way comprehended in this present act but are excepted expressly from that and from every part thereof; in like manner, all and sundry infeftments, charters, precepts, instruments of sasine, presentations, other rights, titles and dispositions whatsoever of lands, heritages, offices, rents, teinds and possessions made, granted and proceeding by and upon the said forfeitures, hornings and penalties to and in favour of whatsoever persons, mediately and immediately, with all decreets and sentences given and pronounced in whatsoever judgement, jurisdiction or court by the lords of his council and session, other judges and ministers of his laws consequent and depending upon the said forfeitures, hornings and penalties are and shall be in all time hereafter of no force, strength nor effect, and that without any special process of reduction or other declaration to follow thereupon; and it is further concluded that this present act of parliament is, and shall be, as viable in all respects to our said sovereign lord's lieges standing under the said dangers, their heirs, successors and posterity as if the said processes, sentences and dooms of forfeiture, hornings, penalties, the aforesaid infeftments, charters, sasines, presentations, other rights, titles and dispositions whatsoever, with the decreets and sentences consequently following thereupon, were specially and orderly retreated and reduced, all parties having interest being specially called thereto. Moreover, our said sovereign lord and his said three estates of parliament, by the tenor hereof, has rehabilitated, reintegrated and restored and, by the tenor hereof, rehabilitate, reintegrate and restore so many of the said persons as are living and the memory of them which are departed this life, their heirs, successors and posterity to their good fame and worldly honour and to use all lawful acts and deeds in judgement and outwith, and to all and sundry their lands, rents, heritages, tacks, steadings, offices, benefices, pensions and possessions whatsoever which they and every one of them had the time of the leading of the said processes and giving of the dooms of forfeiture against them. And also his highness and three estates aforesaid decree and declare that the heirs, successors and posterity, the bairns, lawful and natural, of all and whatsoever persons forfeited since his majesty's aforesaid coronation, excepting as is before excepted, are and shall be able to possess, enjoy and claim whatsoever lands, heritages, teinds, offices and possessions pertaining or that righteously may pertain to them, and all and sundry alienations, infeftments, feu ferms, tacks, rentals, assignations and dispositions whatsoever of lands, heritages, annualrents, steadings, rooms, possessions and goods made by any of the said persons forfeited to any others be as viable and sufficient as if they had not incurred the said sentence. Further, it shall be lawful to every one of the said persons forfeited, yet being alive, and to the heirs, successors, bairns and posterity of them which are departed, to succeed to their predecessors or to any others by whom they can pretend right and title of succession by brieves or otherwise according to the law, likewise and as freely as if the said sentences and dooms of forfeiture had never been given, and notwithstanding his highness's acts of parliament held at Edinburgh in November 1571 and in May 1584 against the posterity of certain special persons and surnames, to the which acts and ordinances of parliament in general and in special his majesty and estates aforesaid have made and make special and express derogation by this act, expressly bidding and commanding that all the aforesaid sentences of forfeiture (excepting as is before excepted), with the said ordinances made against the posterity, whose predecessors by this act are restored in general and in special, both concerning the persons and surnames, shall be erased out of his highness's register and acts of parliament to the effect that no memory remain thereof hereafter, but the same shall be buried and put in perpetual oblivion with all the consequences and dependancies thereof, likewise as if they had never been, and to be of no strength nor effect in all time coming. Likewise all and sundry persons yet alive, who were provided to benefices or pensions and we[...] [...]rit therefrom by sentences of forfeiture, barratry or for not giving confession o[...], or for not acknowledging of his majesty's authority according to the late act of [...] made thereupon at any time since his majesty's aforesaid coronation, shall be restored in their entirety to their said benefices and pensions, the said persons who for this last cause are deprived of their benefices either having already made or offering to make the confession of their faith and to acknowledge his highness's authority; and his highness and estates aforesaid retreat and reduce whatsoever provision made thereof to any persons by reason of the said sentences, and restore the persons first provided and debarred therefrom in their entirety to their said benefices and pensions and in the same estate and case wherein the said benefices and pensions were of before the said sentences, and as if the same had never been given, notwithstanding whatsoever feus, tacks, rentals and other dispositions made thereafter by them who were provided and obtained title through the said forfeitures or other decreets above-specified, and notwithstanding our said sovereign lord's confirmation granted thereupon or whatsoever sentences or decreets following thereupon which his majesty and estates declare, decree and ordain to be of no force, to the end that this restitution may take full effect, providing always that this present act be not extended to beneficed persons that are dead. And further, the persons who have obtained feus, tacks, rentals made to them by the persons who were provided to benefices by the forfeiture of others, as said is, shall have no action against the makers thereof for warranty of the same tacks, feus, rentals, nor yet for refunding of the money and grassum received by them thereof, nor yet shall the said feuars be restricted to pay any of their duties resting owed for their lands and teinds but according to their said feus, tacks and rentals to this crop last, 1585, and the mails of the Martinmas term last exclusively, and nevertheless for the said crop and term and in time coming they shall pay their duties in the quantity as they were accustomed before the said forfeitures and acquiring of their new titles. And also because diverse beneficed persons within these two years bygone are hurt in the rights of their benefices by decreets given contrary to them by his majesty and lords of his secret council and by the judge ordinary upon trial of the cause, his highness, therefore, and three estates in parliament, retreat all and sundry the said decreets and declare the same of no value, and ordain the persons who were dispossessed thereby to be fully repossessed thereto in manner aforesaid, without prejudice of any party's right to be discussed thereafter by the judge ordinary as is appropriate, the persons forfeited before as said is (excepting as is before excepted), so many as are alive and the heirs of them who are deceased and all others dispossessed of their lands and livings by the troubles, shall be restored to the same possession which they and their predecessors respectively had to their lands, heritages, castles, towers, fortalices, rooms, teinds, offices and possessions before the forfeitures led contrary to them or trouble moved to them in their livings, and the beneficed persons and pensioners shall be restored and repossessed to their benefices and pensions in the same manner as they were possessed before the said forfeitures and decreets by letters which shall be granted in all four forms by deliverance of the said lords of council and session for repossessing of them to their livings, and by letters of horning upon a simple charge within the space of ten days for deliverance of castles, towers and fortalices, and that notwithstanding whatsoever decreet or sentence intervening that might appear to impede the full effect of the said repossession. It is always understood and provided by this act that where a person was first forfeited and the other succeeding to his right was forfeited and upon the second forfeiture was dispossessed by the third or last person, the person spiritual or temporal first forfeited and dispossessed shall always have the prerogative of the said repossession and be preferred to all others after the mind and intention of this present act, whereby it is meant that the person first forfeited and dispossessed shall return in the same case wherein he was immediately before the forfeiture, which prerogative shall be extended to the heirs of them who were first dispossessed, albeit their predecessors be dead, without prejudice always of the right of any person to be tried and judged after the said repossession before the judge competent according to the law; and this to have place in their favour who were dispossessed by barratry for not acknowledging of his majesty's authority and giving confession of their faith, the mails, ferms, duties, profits, emoluments of lands, rooms, possessions, teinds, benefices and pensions, the escheated goods of penalties coming in his majesty's hands and already uplifted shall remain with the intromitters therewith, but the persons presently restored shall have power to call and pursue for the rest not yet uplifted of the whole years bygone and to the whole ferms of the crop and year of God 1585 and to the mains and increase of the said year, occupied and laboured by them who had right by the said forfeitures and escheats, with the cattle and plenishing being upon the ground, if they left the same plenished before; and if they find more plenishing than they left, that they shall make the same forthcoming and deliver it to the owners; and to the mails of the Martinmas term last, it shall be as lawful to them to call and pursue for all their moveable goods extant, the debts owing to them and not uplifted by the donators; and where the debtor has purchased the gift of the debt which he was owing to himself or to any others to his benefit, directly or indirectly, he shall nevertheless stand obliged for his debt to his creditors, reducing always the expenses and composition if any be disbursed to our sovereign lord's treasurer for the gift if any be paid for that; the fines, penalties and escheats adjudged in justice courts, and all other sums that may be asked for contravention of any bond or act made to his majesty for the obedience of his authority, either from the principals or their cautioners, which as yet rests unlifted and received, shall be and are by this act freely remitted and discharged; as also the acts, bonds and obligations whatsoever made for the assured keeping of the pacification accorded at Perth on 24 February 1582,† ratified and approved in the parliament held at Edinburgh in the month of April next thereafter, and all other acts and obligations made for communicating, assisting and supplying with any of his majesty's subjects forfeited and at the horn, and all bonds, acts and obligations registered by the which the persons, principals, and their cautioners and sureties are acted, bound and obliged for entry of their persons in ward in any castle or prescribed place at the instance of our sovereign lord upon his proper interest only, or by the which they and their cautioners are obliged to depart and pass out of the realm with all decreets interposed thereto, if any be, with all penalties and sequels thereof are from the beginning declared to be of no value and in all time coming to be of no strength, force nor effect. Our sovereign lord, following his natural good inclination to quietness and peace, being now minded to settle his estate in perfect union and concord, and by removing of all occasions of further jealousy and dissidence between his highness, his nobility and people, to manifest himself in deed a careful father of his commonwealth, seeking by all loving means to win of his whole lieges an inward love and hearty disposition to his obedience and service, has decreed, declared, statute and ordained and, by the authority of this present parliament, decrees, declares, statutes and ordains that all and whatsoever deed, fact, enterprise, device and execution invented, done, assisted, executed and performed by any of his lieges and subjects of whatsoever estate, quality or degree they be of, in any assemblies, councils, treatises, conventions, conferences, private or public gatherings, convocation of his lieges in arms, raising of bands of men of war, intelligences and treatises with foreign princes or others in matters of estate, and whatsoever thing devised, attempted, done or executed in any common cause what his majesty's lieges by numbers were assembled together for reformation of things discontenting them in the administration and government of the realm, or for apprehension, searching and seeking of whatsoever persons or for acts to his highness's presence and all hurts, slaughters, mutilations, plunder, reives, oppressions, depredations, pillaging, both to burgh and land, damages and hurts whatsoever committed, done or assisted at the times of the said conventions, assemblies, enterprises and common causes following and depending thereupon, and all taking and besieging of our sovereign lord's houses, castles and fortalices, detaining of the same and intromitting with the goods being therein, taking of prisoners, breaking of wards and prisons and relieving of the prisoners being therein, intercommuning of rebels and persons forfeited, assisting, helping and supplying of them departing out of this realm without licence, all actions and causes of barratry, deforcement of officers and all other crimes, offences, treasons, transgressions of whatsoever quality they be, and for the which our sovereign lord, his heirs and successors, upon their particular and proper interest might or may move quarrel, or action perpetrated and committed, devised, consulted, assisted, approved and ratified by any of his said subjects of whatsoever quality and estate, as said is, since the time of his majesty's coronation, shall be and are, by the authority of this present parliament, buried and put in perpetual oblivion and never to be moved hereafter in judgement, nor otherwise by his majesty, his heirs and successors to and against any of his subjects at any time more than they had never been, but the same from this time forth is, and shall be, utterly extinct and expired with all action and suit, criminal, civil or pecuniary, that may follow thereupon, and all sequels, dependancies and consequences of the same. And further, by the advice of the said three estates in parliament, our sovereign lord wills and grants that this act shall be as good and effectual in the law to all and every one of his subjects as if the same had contained special mention by their names of all offences, causes, matters, suits, quarrels, executions, judgements, penalties and trespasses whatsoever done, committed or suffered in the said common causes and debts at any time since his majesty's aforesaid coronation, without any obstacle, challenge or impediment, abolishing the same from all remembrance to come simply and forever discharging the lords of his highness's council and session, his advocates present and being for the time, his justice clerks and all others, his officers and ministers of his laws, of all arresting, pursuing, troubling or accusing of any of his lieges and subjects in and for the premises and of their offices in that part. It is always provided that in the aforesaid oblivion and abolition is not, nor shall be, comprehended the horrible and treasonable murder of our sovereign lord's dearest father of good memory, nor any other voluntary murders or slaughters, fire-raising, burning of corns and houses, hoching† of oxen, breaking of ploughs, oppressions, plunder, ejections, intrusions and all other actions and suits, criminal and civil, whatsoever preceding between person and person upon their particular motion and interest and not following and depending upon the said common causes; excepting also theft, incest, witchcraft, ravishing of women, striking, bringing in and putting out of false coin, manslaughter in houses, in the highway and passage or beside the same, not depending upon the common cause as said is. And also reserving to our sovereign lord, his treasurer, comptroller and collector general, their suits and actions for his highness's property, casualties and thirds of benefices resting to his highness and for whatsoever jewels, apparel, goods moveable and unmoveable pertaining to [Mary], his highness's dearest mother, or himself and all actions depending or that may be moved thereupon, penalties and fines coming upon the said common causes only excepted, which are by the said abolition, discharged; and also excepting all other crimes, actions, matters, causes and offences between private parties upon their own private causes, in no way proceeding and following upon the said common causes, which are not meant to be comprehended under the said general abolition and oblivion and wherein any of his subjects are damaged and offended, which it shall be lawful to the party to pursue as they might have done before, notwithstanding the premises. And because the said ordinances are made for the good and tranquillity of the realm and whole subjects for a universal concord and union to follow in time coming, it is statute and ordained, and our sovereign lord and his estates of parliament willing that the same be inviolably and irrevocably kept to all his subjects without any restriction or interpretation, for him and his successors, decrees and ordains that the same shall, at no time hereafter, be abrogated in all or derogated in any part thereof, neither by his majesty and successors, nor yet by the three estates in parliament, and that no manner of person nor persons of whatsoever quality or degree they be pretend to argue, impugn, travail, solicit or labour for the infringing, breaking, misinterpretation, abrogation or derogation thereof, directly or indirectly, under the pain of treason and lese-majesty to be executed with all rigour upon the breakers thereof. Likewise forasmuch as since the processes of forfeiture led against the said persons since they were denounced rebels and put to the horn, charged to ward and to depart of the realm, or for other necessary and probable causes were absent or out of the realm, had not sure access to compear for pursuit and defence of their actions, sundry processes are led and decreets given, not only against themselves but also against the minors who were in their tutelage and come to their great prejudice and hurt, therefore our sovereign lord and his three estates, for remedy thereof, retreat and rescind so much of the said processes as are led and deduced, and the whole decreets and sentences which are given within the time aforesaid and that necessity and probability of their absence shall be tried, either by way of suspension, exception or reply in the first instance, without any further processes or summons of reduction, specially the decreet of removing at the instance of John Wishart of Pittarrow and decreet of translation following thereupon against John, earl of Mar for removing from a part of the lands of the Brae of Mar; the decreet reductive at the instance of James Hamilton of Liberton against James [Hamilton], earl of Arran and his tutor, touching reduction of certain contracts and infeftments of the lands of Draffan; the decreet at the instance of Dame Margaret Maxwell, countess of Angus, lady Lamington, against Archibald, earl of Angus and his tenants for her terce of the earldom of Angus; the decreet at the instance of Sir Thomas Kerr of Ferniehirst, knight, against Archibald, earl of Angus for the teinds of Inverletham; the decreet obtained by David Balfour of Inchrye against Adam [Erskine], commendator of Cambuskenneth. Also because the lands coming in our said sovereign lord's hands by the said forfeitures were, before the leading thereof, burdened with diverse alienations of annualrents and of the property held of themselves, and the persons which were infeft by the forfeiture have nevertheless intromitted with the whole profit, having no respect to the aforesaid wadsets and alienations, through which the ground stands yet contracted; therefore it is ordained by his majesty and three estates of parliament that the said persons infeft by the said forfeitures shall pay the whole duties, charges and wadsets of the ground so far as is unpaid, and relieve the ground thereof so far as is resting owed of all years of their intromission with the said profits, and that execution pass hereupon against the said intromitters for the aforesaid payment and relief by letters in all the four forms, at the instances of the persons who were forfeited and their heirs, or at the instances of the said persons who have right by the said alienations and wadsets, always without prejudice of their recourse to the lands at their option and pleasure as they shall think expedient; providing always that they who have already given confession of their faiths give the same of new so often as they shall be required to do the same by his majesty or the kirk.
[1585/12/32]*[print] [email] [cite] [preceding] [following]
The which day our sovereign lord, with advice of the three estates of this present parliament, decreed and ordained that the decreet of the lords of council given at the instance of William Sinclair of Garwald Muir for redemption of the lands of Woodhouselee, tower and fortalice thereof, and other lands specified in the said decreet, shall stand in full, force and strength, notwithstanding any article granted concerning the reduction and renewing of processes or decreets in general or particular, from the which the aforesaid decreet is, and shall be, in all time coming, excepted; neither shall it be lawful to whatsoever person or persons by the said general restitution to claim them to be repossessed in the aforesaid lands, but the same in property and possession shall stand that Sir Lewis Bellenden of Auchnoull, knight, justice clerk to our sovereign lady, according to the said decreet of redemption and his infeftment following thereupon, which decreet, with the said Sir Lewis's rights and titles of the said lands and all that has followed thereupon, our sovereign lord and his three estates of parliament ratify and approve for him and his successors forever and ever.
[1585/12/33]*[print] [email] [cite] [preceding] [following]
The which day, Alexander [Home], commendator of Coldingham, protested that by the general act of abolition and restitution the right which he has of the priory of Coldingham in no way be prejudiced; and Sir John Maitland of Thirlestane, knight, secretary to our sovereign lord, protested that he might possess the benefit of the aforesaid acts and be repossessed according to the meaning thereof; and thereupon either of them asked instruments.
[1585/12/34]*[print] [email] [cite] [preceding] [following]
The which day, in presence of our sovereign lord and three estates of parliament, compeared personally Alexander Home, commendator of Coldingham, and protested that albeit Sir John Maitland of Thirlestane, knight, secretary to our sovereign lord, may claim to be restored to the priory of Coldingham by the present benefit of restitution, that the same prejudice no right which the said Alexander Home has to the said priory and specially of the said Sir John Maitland's self; and thereupon asked instruments.
[1585/12/35]*[print] [email] [cite] [preceding] [following]
And the said Sir John Maitland protested in the contrary and that he might possess the benefit of the said act of restitution so far as the same may make for him, and that he might be repossessed according to the meaning thereof; and thereupon the said Sir John also asked instruments.
[1585/12/36]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament, understanding the good, true and loyal service done to his majesty at all times by his right trusty cousin and councillor John, earl of Morton, lord Maxwell etc., and his constant affection to remain at his highness's obedience in time coming, willing a perfect peace to be established amongst the whole subjects of this realm and that the particular facts and deeds done by way of hostility upon precise necessity shall be extinct and buried in perpetual oblivion, to the end his whole subjects dwelling upon the borders may be reduced in an uniform obedience after so many troubles, so that peace may continue amongst them and the subjects of the land, it is statute, ordained, concluded and resolved by his majesty, the three estates and whole body of this present parliament that the whole favour and benefit granted and contained in the laws, acts and constitutions of the said parliament, made in favour of John [Hamilton], lord Hamilton, Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar and remaining persons that repaired with them towards his highness at Stirling, together with the general abolition for extinguishing of all facts, deeds, enterprises or attempts committed or done in public troubles and hostility since his majesty's coronation, shall be extended, have place and be most largely interpreted with all points, passes, clauses, articles and conditions of the same in person of the said John, earl of Morton, his whole kin, friends, men, tenants, servants, dependants, assisters, vassals and partakers, so far as the said laws, acts and constitutions with the general abolition aforesaid, or any part thereof, may serve for their better security. And forasmuch as the said earl and his aforesaids are in different condition from the noblemen and others before rehearsed, and that the reparation of the particular facts and deeds done between party and parties which are excepted in the said general act of abolition should have place against the said earl and his aforesaids for whatsoever deeds between parties, whereby greater trouble might be engineered hereafter in commonwealth than any danger that can follow upon perpetual abolition thereof, it is further statute and ordained by his majesty and three estates of this present parliament that the said earl's late joining of himself and his forces in company with the said John, lord Hamilton and remaining noblemen entering and coming to his majesty at Stirling, and whole sequels following thereupon, with all their facts, deeds or attempts devised, enterprised, committed or done by him or any other person hereafter enumerated in this present ordinance, or that may be interpreted to enjoy the benefit of this act of whatsoever nature, quality or condition they be, such as lifting and leading men of arms on horse or foot, convocation of our sovereign lord's lieges, strangers or others in great number and in warlike manner, raising of fire, holding and detaining, besieging, surprising and demolishing of houses, castles, towns and fortalices, as well pertaining to our sovereign lord as others, taking and imprisoning of free persons of whatsoever quality, state, or condition, execution to the death of persons apprehended, without commission, taking out of prisoners from their wards, intercommuning, supplying and assisting of persons forfeited rebels, outlaws and fugitives from the laws, breaking and eschewing out of his highness's wards, not entering in ward being charged thereto, slaughters, raiding, reives, plunder, depredations, pillaging, raising of men of war with displayed banner, using of firearms, ammunition or artillery, intromission of corns, victual and money, electing of magistrates and giving judgements, with all other facts and deeds in general enterprised, devised or done at any time since April 1569 to the day and date of this act, with their sequels, the murder of [Henry Stewart, lord Darnley], our sovereign lord's dearest father only excepted, shall be abolished and extinct forever, the memory thereof buried in perpetual oblivion, never to be imputed at any time hereafter by our sovereign lord or his successors to the said earl, his kin, friends, servants and dependants, their heirs nor successors, but freely remitting the rancour of his highness's mind, his majesty, with advice aforesaid, expressly discharges, for himself and his successors, their advocates and others pretending interest in his highness's name, of all actions, instance, pursuit, criminal and civil, that may be pretended or thought competent to his majesty, or whatsoever party aggrieved or pretending to have interest in particular, and that notwithstanding the particular deeds done between parties be specially attempted in the said general act of abolition. And to the effect it may be clearly understood to whom the favour of this present ordinance shall properly belong, his majesty, with advice aforesaid, wills that the benefit thereof [sh]all† only appertain to the persons after-following: that is to say, John, earl of Morton, lord Maxwell, Merse, Eskdale and Cartell, Robert Maxwell of Castlemilk, his brother, the bailies, council and community of the burghs of Dumfries and Annan, Master David Maxwell, brother to Sir Robert Maxwell of Dunwoody, knight, George Carruthers of Holmains and the whole companies of horsemen lifted by him, Edward Maxwell of the Isle, Herbert Maxwell of Cavens, Robert Maxwell of Keltoun, Thomas Edgar in Bowhouse, John Brown of the Land, Walter Gledstanes of Craigs, Sir Robert Maxwell of Spott, knight, John Maxwell of Newland, his brother, and the whole companies of horsemen lifted by him, Captain John Richard and William Maxwell and Captain James Fraser, their lieutenants, ensigns, officers and whole companies of footmen lifted by them, John Maxwell in Balgreden, Alexander Maxwell in Logan, his son, Charles Murray in Dalcohuik, James Hunter of Drumshinnoch, John Lindsay of Auchinsketh, James Charteris, younger, of Kelwood, Sir Alexander Jardine of Applegarth, knight, James Douglas of Drumlanrig, Edmond Maxwell of Lamington, William Dunbar of Blantyre, James Lindsay of Sergirth, with their whole kin and friends, men, tenants, servants, vassals and dependants and all other noblemen, knights, barons and gentlemen, landed and unlanded, yeoman and commons, that have intercommuned, favoured, assisted or given supply to the said earl or his aforesaids in protection, counsel or assistance with men, money, victuals or ammunition, whose names not being specially expressed in this present act, shall be given up by the said, in sufficient inventory subscribed with his hand, to the clerk register for their better security, to whom the benefit of this act shall pertain properly as if they were presently named by their proper names, discharging therefore the lords of council and session, the justice general and his deputes and all others, his highness's judges and ministers of laws, to grant process in any of the said pursuits intended or to be intended by his highness's advocates, or either parties having action, civilly or criminally, whereby this present abolition may be prejudiced or infringed in any way, saving and reserving only redress to be made for attempts committed on Englishmen in prejudice of the laws of march and provided that the benefit hereof be not extended to any civil contracts lawfully made between parties upon good causes of mutual consents; and if any person shall happen to attempt in the contrary, to be esteemed as troublers of the common peace and punished in body and goods according to the laws of this realm. And further our sovereign lord, for extinguishing of all trouble or occasion of pursuit in time coming for things past, with advice of the said three estates, retreats, rescinds, abrogates and annuls all and sundry letters and charges of horning and treason contained therein and executions hereof executed heretofore at any time since the said month of April 1569 against the said earl and other persons aforesaid, their friends, defenders and partakers, for delivering of houses, entering their persons in ward, non-entry of persons dwelling on their ground to his majesty's lieutenants, justice or wardens, or upon whatsoever other ground or occasion, the gifts of escheat, liferents and penalties following thereupon, acts of caution and sureties for entering of persons, penalties, interest and their sequels, bonds and obligations interposed by whatsoever persons suspected to be the said earl's favourers, to desist from his aid, intercommuning, supply, maintenance or resistances or whatsoever other occasions bygone, his majesty and three estates present decree and declare the said earl, his friends, servants, dependants and partakers aforesaid to be free and in such estate and condition as if the same had never been. Moreover, our sovereign lord and three estates aforesaid retreat, rescind and annul all decreets and deeds done, given and pronounced against the said earl and his aforesaids at any time since the space above-written, where they or any of them had just cause of their absence and might not compear in their own proper persons to have stopped the same, and therefore reinstate and restore them in their entirety thereagainst as if the same had not been pronounced in their contrary. Finally, to the effect the said earl, his friends, servants and partakers aforesaid may find the full effect of his majesty's present benefit and favour granted and concluded in this present parliament, his majesty, with advice aforesaid, has statute and ordained that they and each of them shall use, enjoy and possess their lands, heritages, rooms, offices, benefices, honours, jurisdictions, dignity, rents and possessions whatsoever in sensible manner as they possessed the same of before, and if they be dispossessed therefrom, ordains that they shall be fully repossessed in the same and summary letters to be directed to that effect upon ten days only, and revokes, abrogates and annuls all deeds done by his highness in the contrary. And further our sovereign lord, with advice aforesaid, ratifies, approves and confirms the infeftment granted to the said earl, his heirs and successors of the earldom of Morton, regality and jurisdiction thereof, whole liberties and privileges contained therein, and revokes, abrogates and annuls whatsoever infeftment, right or title made to any other person since the date of the said earl's infeftment of the said earldom of Morton, or any part thereof, and namely to Ludovic [Stewart], now duke of Lennox, James Johnstone, son and apparent heir to John Johnstone of that Ilk, Sir William Stewart of Carbiston, knight, or any others, to the effect the said earl and his successors may be fully re-established in their full right and property of the said lands and the said infeftment to stand in the own strength and no way impugned. And seeing his majesty's intention is that his favour and clemency contained herein shall be most largely extended to the good of the said earl and his friends, and not to be sinisterly interposed, his majesty reserves the interpretation thereof to his highness so often as need be and the three estates of parliament only, and that the said earl, himself and his friends shall have recourse either to this present security or to the general laws and constitutions aforesaid as best shall serve for their good, and one not to be prerogative to the other, whereof, if need be, further security shall be made in the next parliament; and ordains letters of relaxation of the said earl and his aforesaids, with letters of repossession and publication hereof to be directed in the appropriate form.
[1585/12/37]*[print] [email] [cite] [preceding] [following]
The which day, John [Maxwell], earl of Morton, personally present, immediately after the granting by the king's majesty and estates convened in this present parliament of the special act of abolition, and that his highness has remitted to the said earl offences declared in their presence, that he was presently content and consented to relieve and liberate Sir John Johnston of Dunskellie, knight, to pass as the king's free liege as he pleased; and likewise that the said earl presently discharged and discharges all bands of men of war reset by him and obliges himself to put them forth of his company and to use no hostility but as the king's grace gives command and commission. And in case the said Sir John Johnston remain within his ward, that no offence be imputed to him thereupon.†
[1585/12/38]*[print] [email] [cite] [preceding] [following]
[Although not explicitly referring to the above records, the following document is related, the text consisting of a list of lands and tenants over which John Maxwell, earl of Morton was superior.]
Robert Charteris of Kelwood, James Charteris, his son, Alexander Livingstone of Kilarne, James Lindsay of Sergirth, James Lindsay, his son, John Lindsay of Auchengarth, Herbert Lindsay of the Mains, John Wilson in Elliston; Caerlaverock: John Maxwell of Conheath, Edward Maxwell of Isle, Thomas Edgar in the Bowhouse, John Edgar in Blackshaw, John Martin there, John MacQuharrie there, Matthew Nicolson there, John Ford there, Peter Jaffray there, Peter Nicolson there, Nicol Martin there, Matthew Martin there, William Borsbe there, John Brown there, John Beattie there, Tom Martin there, Andrew Dun there, Steven Blackstock there, Peter Dun there, John Forsyth there, John Dickson there, Edward Dickson there, Willie Dickson there, Tom Dickson there in Cherington, John Drysdale in Blackshaw, John Edgar in Cherington, Will Ferguson there, Charles Edgar in Glenhowan, John Rawling there, John Edgar there, John Edgar in High Mains, Robert Edgar there, Thomas Maxwell there, Charles Rawling in Glencaple, Mark Rawling there, Thomas Heron there, John Smith in Bankend, John Edgar in Carmunnock, Herbert Edgar in Woodend, Simon Adamson in Lochwood, Gavin Forsyth there, Clement Dickson there, John Dickson there, Cuthbert Dickson there, John Edgar, son to Thomas Edgar in Bowhouse, Clement Edgar, his brother, Thomas Maxwell, son to Robert Maxwell of Kelton, John Maxwell, his brother, John Maxwell in Bowerlands; Dumfries: Robert Maxwell of Kelton, Walter Gladstanes of Craigs, John Mosset in Garpol, John Maxwell in Craigs, John Beattie in Rig, Thomas Maxwell there, Edward MacKinnell in Auchincrieff, Willie Sluithman there, William Kirkpatrick in Closeburn, John Murray, Clonyard, Geordie Maxwell, Thomas Maxwell, John Edgar, writer, Nicol Dickson; Kirkmahoe: William Maxwell of Carnsalloch, Homer Maxwell there, Herbert Maxwell in Kirktoun, Robert Maxwell there, Herbert Edgar there, John Thomson in Millhead, Thomas Thomson, his brother, John Edgar in Christinghill, Thomas Edgar in Holme, John Edgar in Carnscelot, Patrick Maxwell, John Wallace, elder, in Carzield, John Wallace, his son, Nicol Thomson there, John Wallace there, Thomas Wallace there, David Frissell there, Robert Frissell there, John Frissell there, John Ireland there, Andrew Ireland there, John Wallace there, Thomas Wallace there, Robert Wallace there, William Wallace there, Hob Wallace there, Alexander Wallace there, Thomas Wallace there, John Wallace, son to Robert Wallace there, William Woll in Kirktoun, Robert Shortrig there, Adam Shortrig there, John Charteris in Riddingwood, John Nicolson in Corriewood, Will Robson there, Nicol Aitkin there, Roger Robson there, David Robson there, Roger Thomson there, John Thomson there, Roger Thomson there, his sons, James Thomson, smith there, David Thomson, his son there, John Thomson of Know there, John and Will Robson there, Thomas Robson, William, brother there, Steven Robson there, Andrew Robson there, John Robson in Dunknowe, Robert Robson there, John Scharpro there, Roger Robson there, John Wilson in Hawthorn there, John Wilson, Nicholas Iok there, Thomas Robson there, David Lowrie there, John Robson, miller there, Robert Robson in Brigend there, Robert Lowrie there, John Aitken, John Wilson Townhead there, Adam Wilson there, Nicol and Thomas Wilson there, John Rodden there, John Beck there, Andrew and Willie Hellis there, Tom Glessill there, Florence Beck there, Robert Beck there, John Wilson in Neuk, John and Herbert Wilson there, John Edgar, traveller there, John Donald there, Nicol Donald there, Andrew Hill there, John and Robert Adies; Holywood: James Maxwell in Prorak, John, Mungo and Edward Maxwell, his brother, Robert Maxwell, Fourmerkland, James Maxwell in Killielong, Robert, Thomas, George and Edward Maxwell, his sons, George Maxwell in Blengaber, John Werslie in Burnfoot, David Edgar in Gullyhill, Robert Edgar in Brownrig, Geordie Edgar in Ford, Thomas Edgar there, Andrew Edgar in Newtoun, John Jackson in Killylung, John MacMillan in Craigenputtock, John Smith in Whiteside, John Smith there, David Welsh there in Collieston, John Smith in Serdingrass, Robert Muirhead there, John Maxwell in Straquhan, Andrew MacKenney in Skinford, Cubbie Welsh there, David Wilson in Speddoch, John Scott in Stepford, Robert Lowrie there, John Muring in Merrington, John Muirhead in Barrachan, John and Thomas Scott there, Adam Scott there, Roger Grier under the Wood, James Purl, John Maxwell in Stedstoun, Geordie Edgar in Gribton, David Haning there, Alexander Haning in Burnside, David Jackson, Mureside, John Jackson there, John Jackson, younger, Homer Gillieson, David Carrellie, John Greir in Dallowoodie, Robert Caill, Bartle Findlaw, John Cairns in Brumrig, James Maxwell in Bowhill, David Haning at the Brig, Robert Grier in Kirkbride, Roger Grier in Barndannoch, Thomas Grier in Barjarg, Gilbert Grier in Midkeir, James Greir in Beoch, Malcolm Dalrymple in Waterside, James Porter in Midkeir, Gilbert Grier in Capenoch, Roger Grier in Buss, Roger Kirkpatrick in Clinstoun; Drumsleet: Adam Sturgeon in Millerlands, Thomas Milligan in Cargen, Willie Edgar there, William Maxwell there, John Wright there, John Sturgeon there, John Pane there, John Sturgeon there, John Edgar there, William Maxwell there, Thomas Maxwell, John Kennand there, James Anderson in Terraughtie, William Cunningham in Lincluden; New Abbey: Master Gilbert Brown, abbot of Sweetheart, John MacGee, notary, Thomas and Gilbert Brown, brother, Thomas Brown of Lochhill, Thomas MacCartney of Arbour, John Turner of Ardwell, Thomas Maxwell in Littlewar, John Turner of the Hill, Thomas Brown of Shambellie, Robert Brown of Ingleston, John Stewart in Clachan, John Gracie, Tom Nicolson, John Peden, John Drysdale, John Sanderson, John Maxwell, John Dickson, John Sanderson, John Archibaldson, Andrew Gibson, John Turner in Carse, John Thomson, John Wilson, Andrew Bell, Robert Newall, Willie Edgar, Tom Turner, John Maxwell, Willie Maxwell, Pat Newall, John Newall, Wattie Newall, John Peden, John Murray, James Murray, James Kirkconnell, Wattie, Tom Gilbert and John Paterson, John Donaldson, John Albert, John Stute, Pat Heron, Harry Clerk, John Blackstock, John Kennand, John Murray, Willie Sanderson, William Maxwell of Airds, Dick, Adam and John Turner, John Pane, Willie Dickson, John Allan, Robert Clerk, John Breich, John Gregan, John Beattie, John Garmery, John Maxwell, Hobbie MacKay, John Dickson, John Davidson, Hobbie Smith, John Peden; Kirkbean: Herbert Maxwell in Cavens, Hugh Maxwell in Preston, Andrew Sturgeon in Corses, William Sturgeon there, Andrew Sturgeon, his son, Herbert Sturgeon there, Richard Mitchelson there, Edward Clauchrie there, Andrew Dickson there, John Edgar there, John Michael there, Barney Kay there, John MacKay there, John Turner there, Hobbie Wilson there, Matthew Clerk there, Matthew MacKay there, Roger Maxwell in Ladyland, John Dronand there, James Maxwell, Andrew Sturgeon there, Tom and John Dronnand, James Maxwell there, Robert Ewart in Little Airdrie, Willie Watson there, Pat Montgomery, John Edgar, David Ewart there, John Williamson in Numbelly, Adam Turner there, Pat Turner there, Pat Wilson there, John Wilson there, Robert and Andrew Marshall there, James Gourlay there, David Newall there, Andrew Williamson there, Henry Williamson there, William Brig in Fallowair, Tom Brig there, Willie Brig there, Andrew MacBrum in Kirkbean, John MacIlvain there, John MacNiven there, Willie Kenen there, John Williamson in Preston, Hobbie MacKay there, Willie Costing there, Hobbie Duart there, Hobbie Martin there, John Lanark there, John and Willie Martin there, Peter Gibson there, John Wilson there, Sandy Clerk there, John Dickson there, John Newall, Tom Newall there, Willie Williamson there, Christie MacIlren there, John Mitchelson there, Edmond Anderson in Glenwada, Andrew Forsyth there, Hobbie Dawson there, John Gibson there, Adam Dickson there, Thomas Maxwell there, Willie MacKay there, John Maxwell in Mersehead, Matthew Costing there, Willie Costing there, Hobbie Churrie there, Jockie Wilson in Mirhead, Matthew Blackstock there, John Sturgeon in Wreaths, Herbert Sturgeon there, Jockie Watson there, Hobbie Young there, Willie Gregane there, Willie Glassenwright there, William Sturgeon there, John Sturgeon, younger, James Sturgeon there, David Dickson in Cavens, Andrew Brown there, John MacCraith there, Tom Calyell there, William MacTraith there, Sandy Sitleintoun, John MacQuharrie there, [...] Wilson there; Kirkpatrick Durham: John Gordon of Troquhain, John Edgar in Auchenhay, Andrew MacCubbin there, John Gordon there, Andrew Braturch there, Thomas Braturch there, Roger Gordon in Overbar, Geordie MacMullan in Nether Barr, Roland MacMullan there, John MacMullan there, Ninian Crichton there, Andrew MacClune in Drumtonquhra, John Crocket in Nether Drumtonquhra, William Braturch there, John Gordon in Kirklebride, Nicol Maxwell in Kirkland, Roland Twynomie in Bardarroch, Alexander Gordon in Margley, John MacKnight of Kilquhennand, Robert MacKnight in Two Merkland, John Scott in Tarbreoch, Patrick Dronnand in Barmosotty, John Dronnand in Knockwalloch, John Wilson in Kirkland, Thomas Wilson there, William Sinclair in Garmarting, Albert Neilson in Tulshangane, William Hannay there, Fergus Hannay there, John Carmont, Hutcheon Twynome there in Kirkwalloch, Willie Twynome there, Willie Martinson in Monydow, Thomas Mertinson there, John Wilson there, John Ousting there, Fergus MacKnight in Culside, Henry MacKnight there, John MacKnight there, John MacKnight there, John Smith in Mule, Roger Gordon in Lochenkit, John Gordon there, John Scott in Crofts, William Henderson in Brockloch, James Henrison there, John Henrison in MacQuhir, John Williamson there, Roger and John Neilson there, Gillespie MacKnight in Little MacQuhir, Fergus Carsan there, William Short in [...], Fergus Andrew and John Neilson there, Robert Auchinleck, William Gibson, Peter Henderson, William Neilson in Bartalye; Corsemichael: James Graham in Auchindolly, John Graham there, Tom Edgar there, John Stewart there, Edward Maxwell in Glengap, Gillespie MacKnight there, James Callen in Trodell, William Brown there, John Clinyeane there, James MacKno in Larg End, Robert Graham there, Cuthbert Gilneif there, Bartle William, Gilbert James, Roger and Dowin MacCartney there, James Quhire there, George and John MacCartney there, James MacKnight in Ernealmery, John MacKnight there, Richard Brown in Meikle Dryburgh, David Gall there, John Garmerie there, William Hannay there, John MacQuharrie in Little Dryburgh, John Carson there, John Milligan there, Tom Milligan in Dynharg, James MacGill there, Andrew Lewris in Blackerne, James Garren, Alexander Burn there, Herbert MacCartney in Ernespie, Nicol Dobie there, Paul Martin there, Arthur Hillo in Hillington, Herbert MacCartney there, George Hillo there, James Murray in Blackpark, George MacManis in Fussok, Tom MacQuha there, William Graham in Chapmanton, Alexander Jardine there, Simon MacQuhan there, John MacGill in Mains, Andrew Graham there, John MacMullan there, Arthur Stewart there, Paul Scott there, Andrew Croik there, John MacMan there, Alexander MacGuffock there, Andrew Gaw in Crofts, John Gaw there, John MacKno there, James Johnston there, Richard Stewart in Culgruff, John Anderson there, John MacCroik there, James Crillan there, John Matheson in Kirkland, John Purves there, John Martin there, John Muir there, Gilbert Bannoch there, James MacWhinnie there, John Corrie in Blarony, John Torrie there, Matthew Corbick there, John Callan in Drumcrago, Kirk Miller there, John MacMychin there, John Young there, Thomas Thomson there, William Anderson there, George Gall in Lulnotre, John MacKnight there, John Garran there, Luke MacCubbin there, James Murray in Ernemery, James Murray there, Gilbert Camok there, John Crocket there, James Bannoch, James Williamson in Nether Ernemery, John MacCartney there, John Robert and Michael MacManis there, John Greenlaw in Clarebrand, John Brown in Mollance, Tom MacManis there, Tom Martin there, Donald Pearson in Arnemyning, John Greir there, Jock Hair there, George Brown in Garrieston, Robert MacCartney there, John Garren there; Buittle: John Maxwell in Balgreddan, Robert Maxwell in Braecroft, George Mayre in Haughmuir, James Muir in Dalveen, Alexander Gordon in Slognay, David Max[well] in Trowgrain, John MacGill in Knock, Allan Muir, Robert Lowrie in Little Knock, George Carns in Munches, John Gourlay in Castelgower, John Gordon in Cuil, David Neilson in Ha Cleuch, Thomas MacCartney in Craigton, John Smith in Guffogland, John Smith in Corbartoun, John MacCallolby in Lochdougan, Herbert Paterson there, John MacGee there, Paul Fowler there, John Hannay there; Annandale: George Carruthers of Holmains, elder, John Carruthers of Holmains, younger, Christie Carruthers in Dormont, Sim Carruthers in Rammerscales, Sim Carruthers in Isle, Robert Carruthers in Brydgill, John Carruthers in Raffles, Andrew Carruthers in Robbiewhat, John Carruthers in Danebie, Robert and John Carruthers there, Roland Lindsay there, John Carruthers in Butterquhat, Willie Carruthers in Fourteen Acre, John Carruthers, his son, Andrew Carruthers in Almtgill, John Carruthers in Dormont, Robert Carruthers there, John Cunningham in Dormont, Leonard Hutchison there, William Carruthers in Middlerow, Roland Carruthers there, John Carruthers in Hallhill, Cuthbert Carruthers there, John Kerr there, John Halliday there, younger and elder, Robert and William Archibaldson, Herbert Walker in Dalton, George, William, Gavin and Thomas Walker there, Thomas Park there, John Carruthers there, Mungo Carruthers there, Gilbert Henderson there, Thomas Carruthers in Dyke, Herbert and John Carruthers there, Nicol Gask there, John Rae there, John Gask there, William Mosscrop there, Mark Gask there, Simon Graham in Howath, Matthew Bell there, John Robson in Raffles, John Carruthers there, John Carruthers in Kirkhill, John Nicolson there, David Copeland there, John Cau in Hope, John Blythman, there, David Neilson there, Richard Nicolson there, Robert Rae there, James Allanson there, Nicol Gask in Inchfauld, John Kerr in Hoill, John Dowbem there, John Palmer in Butterquhat, John Palmer, younger, there, James Carruthers there, George Hauch in Close, James Nicolson there, Robert Nicolson, John Beattie in Topwood, John Graham in Dalton Heugh, Thomas Graham there, Matthew Bell there, Hugh Beattie there, Archie Horn in Bengall, John Bell there, William Carruthers in Kirkland, John Archibaldson there, John Rae there, William Paterson there, Thomas Rae there, Matthew Gibson there, Thomas and John Gibson there, John Wright there, Gilbert Bell in Gavilburn, John Bell in Midshaw, John Park in Southside, William Bellit, called Butler Willie, Andrew Rae in Castlemilk, George Carruthers in Egeschaw, Richard Carruthers there, Andrew Bell in Longdyke, John Bell there, Thomas Bell in Cowthat, John Davidson in Castlebank, Robert Carruthers in Hartwood, John Latimer there, James Copeland there, John Ferguson in Rowell, John Clerk there, John Paterson there, Thomas Craik in Carthwood, John Latimer there, John Clerk there, Patrick Clerk there, Adam Johnston there, Edward Wheldon there, John Johnston there, Edward Craik there, John Wallace there, Rob Dickson there, Peter Clerk there, George Gask there, James Mons there, Roger Kirkpatrick there, Rowe Bell in Rockvale, Adam Caldwell in Cocksfield, William Bell in Neuk Ranie, John and Watt, his brothers, Oswald Bell, Tom Bell in Seedhill, John Bell in Dyke, John Bell, his brother, Tom Bell of Yett, John Bell, son to Tom Bell in Sheilgrein, Alexander Bell in Williambie, William, John and Tom Bell, his brothers, William Bell in Williambiehalls, John Bell in Woodhead, David Bell, his brother, Matthew and William Calbart, John Whitehead, Jock Bell, Humphrey Bell in Bank, Job Bell, William Bell, his son, Wat Bell in Middlebiehill, John Bell in Clynt, Tom and Jinkin Bell, brothers, Andrew Bell in Longdyke, Dick Bell, Christie Bell in Clynthill, Archie Bell, his brother, John Bell of Land, John Davidson, William Bell in Blackathouse, Wat, Tom, Francis, Richie and John Bell, brothers to the said William, William Graham, son to Will Graham, Christie Irving in Woodend, Edward Irving, his son, David Irving in Vyisbie, Gib, Will and John Irving there, Mungo and William Robson, Geordie and John Bell, Andrew Turner, Nicky Bell, Gib Nekie, Tom Black, William Bell, called Little Willie, Edward Irving in Kirkpatrick, Wattie, Francis, Abraham and Richard Irving, his sons, Dick, Gavin, William, Walter and John Irving, sons to Dick, amongst the Rasches, William Bell in Merse, David, Richard, Edward and William Bell, his sons, Wattie Coltart, Humphrey Ferres, Tom Gibson, John Richardson, Edward Richardson, David and Dick Richardson, Richard Ferguson, Herbert Wilkin, Andrew Little, Cuthbert Paterson, Ninian Neilson, John Ferris, Gavin Irving, Walter Irving in Robgill, Matthew, David and Cuthbert Irving, Robert Rae, Cuthbert Murray, bailie of Annandale, John Dick, John and Archie Wilson, Ade Bell, James Prenderguest, Ade and Robert White, Richie Alison, William White, Mark Rae, Andrew Turner, Geordie Wilson, Nicky Bell, Christie Wilson, John Rae, William Rae, John Rae, James White, Matthew Irving in Hurkledale, Richie Irving there, Jock Irving, his man, Matthew Hill in Stanebrigs, Christie Irving in Wood, Hobbie Irving, his brother, John Johnston in Hychill, Richie Irving in Murrays, Edward Irving, his brother, John Gass, John Davidson in Cummertrees, Matthew Irving, called Meg's Matthew, John, nephew to Meg, Wat Bell in Wiltoun, Andrew Davidson, Christie Davidson, William Thomson in Clynt, Andrew and John Thomson, his brothers there, Thomas Carruthers of Wormanby, Charles and William Carruthers, his sons, John Irving, laird of Skaill, Dick Irving, his son, Hugh Little in Skaill, Hobbie Irving there, Tom Douglas there, Willie Pott there, Paton Bell in Highmure, Tom Bell in Cowthat, Andrew Bell in Owlcotts, Dick Bell in Clynt, Ninian Bell in Middlebiekirk, Alexander and Paton Bell, his brothers, William Johnston in Redhall, John David, Willie, Edward, Gavin and Geordie Johnston, sons to the said William, David Johnston, brother to William of Redhall, Charlie Johnston in Redhall, Gib and John Johnston there, Christie Bell there, John Beattie there, Tom Murray there, Hobbie Dickson there, John Johnston of Gretna, Lenny Irving in Gretnahill, John Johnston in Righeads, James Johnston in Broomhill, Matthew MacKettrick in Cawartisholme, John Ferguson there, Sim Dalgleish there, Geordie and Rowe and John Hope there, Cubie and John Haliday there, John Irving in Sloistis, Lenny Irving in Gretna, Wat Irving in Gretnahill, Francis and [...] Irving, his sons, Edward Irving in Sowron, Tom Carruthers there, Willie Irving in Gretnahill, John, Matthew and Edward Irving, his sons, Richie Irving in Gretnahill, Jock Tully, Jock Brown, Ninian Irving, Edward Irving in Gretnahill, Willie Irving, his son, Adie Bell, Wat Irving in Gretnahill, younger, James Carruthers, Mungo Irving in Braidlea, Hobbie Irving, his son, David Bell, John Irving in Stellhill, Hobbie Irving, his son, Wat Richardson, David Irving, son to Jock's Willie, Willie Brown, Andrew Murray of Morequhat, David Murray of Morrach, Herbert Irving in Sowood, Peter Young in Morrach, Geordie Murray there, Richie Palmer there, John Murray there, Patrick Hope there, Geordie Irving there, James Pott in Annan, John Quarrier there, Adam Hair there, Willie Rig there, Christie Irving of Cowthat, John Jenkin, Cubie, William and Christie Irving, sons [to] the said Christie, Arthur Graham of Blawart Wood, John and David Graham, his sons, Tom Rome in Bidoch, James, Andrew, John, Herbert, Jamie and John Rome there, Ade and Peter Bratton there, David and John Marshall there, Ade Rome, James Bratton, John Wallace there, Peter Rome, son to Jock, Jock Birrell, elder, in Stokes, John Bell in Stokes, John Rome, son to Nicky, Tom Gask in Hirst, Pat Kelton in Bochill, Roger Lawson there, Tom Davidson there, Hobbie and Jamie Clerk there, Jinkin Lawson in Blawart Wood, John Richardson there, Richie Graham in Longriggs, Robert Graham, his son, John Cruton in Longriggs, Geordie Steel there, Jeffrey Tullie there, Geordie Lawson there, Tom Johnston in Priestwoodside, Gilbert, Cuthbert, Francie and Tom Johnston there, David Johnston, son to Gib; Eskdale, Ewesdale, Wauchopdale: David Beattie in Blacketlees, Rowe, Hugh, John and David Beattie, his sons, Andrew Beattie in Blacket, Archie and Ninian Beattie there, Ninian Ewart there, James Thomson there, Tom Scott there, Willie and Robbie Beattie there, Laurie Pot there, David Dalgleish in Wotcariok, David Beattie there, Jamie Aitchison there, Ade Glendinning there, Adie Graham there, David Beattie in Calkin, John and Wat Beattie, his brothers, John Beattie of Burn, son to Adam, Hugh, John, Geordie, Jinkin, Wattie and Adie Beattie, the said John's brothers, Jamie Beattie, Mungo's Jamie in Killclewis, Wattie and Mungo Beattie, his sons, John Beattie, son to Mungo in Rennaldburn, Wattie, Rowe and Tom Beattie, his brother, John Beattie, son to Arthur, John Beattie in Carlesgill, Geordie, Nicky, David, Wattie, Sim and Wat Beattie there, Jock Andrew, Jamie, Jock, Andrew Beattie there, Adam Beattie in Yett Byre, Charlie Beattie there, Matthew Beattie, his son, Jamie Beattie there, Nicky Beattie in Whitehaugh, Robbie Beattie there, Robbie Beattie in Byre, Sim Beattie there, Matthew Beattie, son to Long Andrew, Geordie and Andrew Beattie, Steven, Sim and David Beattie, three brothers, Wat Beattie of the Sheil, Jock Beattie, his brother, David and Nicky Beattie, two brothers, John Beattie in Bank Head, John Beattie, Braid, John Beattie of the Corse, Andrew, Sandy and Wattie Beattie, three brothers, John Beattie, his man, Jock Beattie, son to the Bra, Andrew Beattie, son to Trurie, Adie Beattie, his brother, John Beattie in Glenbervell, John Glendinning, crowner, John Glendinning, alias Felhour, John Beattie of Davington, John, Willie, Wattie, Geordie, Hobbie Beattie, sons to the said John, Robbie, Jock, John, Peter, Andrew and Hugh Beattie, Jock Gillespie, Adie Little, Andrew Beattie, son to Hugh, David Nicol and Jock Aitkin, John Rae, Christie and Jock Little, Jamie Bennett, Tom Rae, Jock Ranick, Jamie, Jock and Sim Briggs, Ade Thomson, Rowe MacCrae, Sim MacCrae, Naving Beattie, John Aitkin, John Glendinning, John Dalgleish, Andrew Beattie, Edward, John and Sim Thomson, John Thomson, alias Rowll, John, Peter and Jamie Beattie, Dick and Will Thomson, Geordie and Wattie Beattie, John Beattie, alias Nicky, John, Archie, Nicky, Adam, Wattie and David Beattie, Alie Beattie in Trowholes, Andrew Beattie, his brother, John and Jamie Glendinning, John Halliday, Matthew Glendinning in Castlehill, Archie Glendinning there, Rowe Beattie in Westerkirk, Christie, Archie and Willie Beattie, John Brown in Crossdykes, John Brown, younger, Peter Glendinning, Peter Graham, Jock Glendinning, Wattie Craik, John Beattie in Millgill, Bartle Glendinning, Sim Glendinning, Berny Cooper, Andrew Beattie, Sim Scott, Sim Beattie, Nicky Scott, Willie Barnet, John Boy, John Little, George Graham in Carruthers Park, Andrew Graham, his brother, Wattie and Tom Graham there, John Beck, John Bell there, Richie Bell in Hotts, Nicol Moffat, Adam Haliday, Ranie Bell, John Beattie of the Lyneholm, Andrew Beattie, his servant, Tom Beattie of the Lyneholm, his brother, John Bell there, Rowe Beattie there, Nicky Beattie there, Tom Little, elder, in the Cuil, Tom Little, younger, there, John Andrew and Matthew Little there, Nicky Title in Dalwhat, Jock, Andrew, Sim, Archie, Clement and David Little there, John and Jock Little there, Pat Little in Craigmeikle, Wat Little in Stank, Wat Little there, John Little in Singland, Rowe, Jamie, Alexander, Andrew and Sim Little there, John Little in Burnfoot, Geordie Little there, Cuddy Little in Staplegordon, Andrew, Willie and Wattie Little there, John Little in Pollorane, Archie Little in Potholm, Adie Little in Dowglen, Nicky Little in Millholm, Wattie and Francie Little, his sons, Rowe Little there, Rowe Little, called Archie's Rowe, Tom Little there, Sim Little there, Sim Little in Bankhead, Nicky Little in Breconrae, Andrew Little there, Archie Little there, Rowe Little there, David Little in Clois, John, Tom and Persell Little there, Matthew, John Little there, David and Jock Little there, Andrew Little, son to Wat, Wat Little in Ogle, Rowe Little there, John Irving in Over Dowglen, Richie and Christie Irving there, Bartle Irving in Dowglencleuch, David, Jock and Alexander Irving there, Christie Armstrong in Barnglies, John Murray, his man, Christie Murray, Andrew Carruthers, Tom Bell, Robert Haliday, Will Bell the Stell, John Little, Jock Hook, John Thomson, Jock Bell, his servants, John Armstrong of Calfield, John Routledge, Dand Armstrong, James Roger, Will Mitchelson, Thomas Aikenhead, John Hook, Ninian Armstrong of the Neis, Christie Armstrong, his son, John Little, John Crosset, John Armstrong in the Hollows†, John Armstrong in Glinger, Andrew Armstrong, his son, Rowe, William and Christie Armstrong, brothers to the said John, Will Armstrong in Teikmie, Tom Armstrong in Glinger, Geordie Armstrong in Blackbackhead, John Irving in Sinkhead, Geordie, John and Christie Irving, sons to Gib in Blackbackside, John Irving in Hag, Jock Moffat in Glinger, Armstrong in Thorniewhats, John Turner there, Ninian Turner there, Archie Armstrong in Tarkima, Archie and Robert Armstrong, sons to Christie in Langholm, Ingrie Armstrong of Ralton, Richie Irving in Auchinrivock, Sandie Irving there, John Carruthers in Glinger, Christie Mitchelson in Tomleucharburn, John Mitchelson, his son, there, Will Coltart there, Tom Wilson there, Andrew Turner there, Archie Armstrong, merchant, William Armstrong, called Kinmont, John, Geordie, Francie, Tom, Sandy, John and Ringan Armstrong, sons to Kinmont, Robert Graham, dwelling on Serk Water, William Scott there, Thomas Redpath, John Linton there, Willie Bell there, Geordie Little there, Martin Thomson there, Dave Beattie there, Jamie Cowan there, Andrew Gifford there, Robert MacVitie, writer to Kinmont, Archie and Adam Thomson, Nicol Beattie in Carlesgill, Will Little, alias Pyk Ekie, Dick and Wat Little, Ninian, Tom, George and Will Elliott, John Armstrong in Wauchopdale, Henry, Ade, Archie, John and Sim Little, John Armstrong, alias Ralton, Will, Sandy and Jock Armstrong, George Beattie in Nether Crossdykes, Ninian Palmer, John Purton, Jamie Irving, Dandy, Andrew and Christie Armstrong, John Armstrong, Tom Graham, Jamie Armstrong in Capelgill, Jenkin Graham in Logan, Peter Graham there, Pat Bell there, Matthew Irving, Matthew Beattie, John Lindsay, Mark Alexander and Tom Carruthers, Jock and Archie Beattie, Geordie Thomson in Kirkgill, Jock Thomson there, Adie and Jock Thomson, his brothers, Wat in Allebasterland, John Thomson there, John Thomson in Kirkgill, Archie Thomson in Allebasterland, Nicky and Jock Thomson there, John Thomson in Pollorane, Hector Armstrong in Stubholme, Geordie Armstrong in Arkleton, Ninian, Geordie, Martin, Dandy and Mungo Armstrong, his sons, Ninian and Hobbie Armstrong, Andrew Little, Willie Brown, Willie Nielson, Edward Little, John Armstrong alias Rakass, Willie Graham, Tom Scott in Blackhall, John Scott, his son, John Elliott in Woodend, Rowe Elliott of the Hill, Hob and Will Elliott, [his] brothers, Richie Graham in Woodend, Willie Ellio[tt], Lord Archie Armstrong in Arkleton, John Armstrong, his son, Adam Scott in Mosspeeble, John Scott, his son, John, Geordie and Will Scott, Jock Scott in Arkleton, Archie Irving there, Jock Elliott in Bowgranis, Ninian Armstrong, the laird's Ninian, Jock Armstrong, his son, John Armstrong, Howgill, Andrew Armstrong, Tom Kirkpatrick, Andrew Turner, John Armstrong in Mungbyhurst, John, Ninian and Christie Armstrong, brothers, Rowe Armstrong, the laird's Rowe, John and Ringane Armstrong, his sons, Jenkin, Archie and Willie Nicolson, John Johnston, Tom Armstrong of Chingills, Abe Ringane, Christie, Archie, Tom, Jock and Ade Armstrong, his sons, Wattie, Matthew, George, Sim and John Little, Ade Glendinning, Tom Coltart, Ade Hope, Rowe Armstrong of Broomholm, Tom Armstrong, son to the laird's Rowe, Geordie Thomson, George Armstrong in Catgill, William Wilson, John Moffat, Ade and John Beattie, John Purves, James Waugh, Ringane Armstrong of Auchinbedrig, Sim, Thomas and Robert Armstrong, James and Alexander Halliday, Christie, John, Arthur and Tom Bell, Andrew Lowrie, Archie Tawart, Adam Pott, George Armstrong in Betholme, Paton Armstrong there, Rob Haliday, Andrew Beattie, John Graham in Hole, David and Archie Graham, Simon Graham in Logan, George, Robbie and Jock Beattie, Martin Moffat, Jock and Tom Wilson, Serge Haliday, Humphrey Rule, John Irving, Tom Henderson in Brekanquhat, Humphrey Bell, alias Lamb, John Corrie, John Kirkpatrick, Willie Miller, Serge Armstrong, brother to Kinmont, John Johnston, Jeffrey Irving, Archie Irving, Jock Graham, Rob Clerk, Willie Kirkpatrick, David Watson, Wattie Graham, Thomas Johnston, Adam, George and Richie Rae, Christie Armstrong in Carron, Quentin, Andrew and Geordie Armstrong, [his] brothers, Christie Armstrong, son to Quentin, Jock Armstrong, son to Andrew, Ninian Armstrong, son to Paton's Ninian, Geordie Armstrong in Thorniewhats, Christie Armstrong, called Armstrong's Christie, John Turner in Thorniewhats, Jamie Armstrong in Carron, Tom Armstrong of Chingills, son to Andrew, Ade Murray, Willie Drynan, Jamie and Archie Little, Archie Beattie, Matthew Little, Jamie Little, Edward, Ringane and Lance Armstrong, Willie Scott, Ade Scott, Alie, Archie and Geordie Armstrong, Ade and Jamie Graham, Roger Armstrong, Ekie Armstrong, Chingills, Andrew Armstrong, his son, Tom Armstrong, Hob and Alie Wilson, Geordie Armstrong, Nicky Graham, Jenkin, Davie, Gibbie, John, Jock, Bartie and Sandy Little, Peter, Jock and Alexander Bell, Cuddie Little, Jock Irving, Andrew Bell, Jamie Bell, Alexander Armstrong of the Chingills, Tom Armstrong in Craig, son to Alexander, Matthew Little there, Archie, Willie and Hugh Armstrong, brothers, of the Chingills, Sim Little, laird of Meikledale, Archie, Wattie, John and Adie Little, John Scott, Andrew Little, Jock Turner in Kirkton, Cuddie Little there, John Scott there, Willie Stevenson there, George Armstrong, Howgill, Andrew Henderson there, Tom Armstrong of the Wrae, Jock Armstrong, Will Little in Bombie, Geordie and John Little, brothers, Jasper Geordie, Will, Rob, Nicky and Jock Little there, Jock Little, son to John Little, Wattie Little there, Ninian Armstrong in Broomholm, John, Ekie and Anthony Armstrong there, Herbert Irving there, Captain John Maxwell of Aikenhead, Lieutenant Thomas Martin, Ensign Thomas MacBlair, Sergeant James Newall, Sergeant Robert Gourlay, Corporal Thomas Salwright, Corporal William Steill, Corporal William Sinclair, Lieutenant John Carruthers, Lieutenant John Thomson, Lieutenant Andrew Glencorse, furrier, Thomas Welsh, Taburrie, Thomas MacCaddow, John Kyd, John Wilson, Gilbert Barncleuth, Thomas Gledstanes, [...] Gledstanes, his brother, John Maxwell in Isle, Jamie Carruthers, Archie Boyd, Cubbie Roddick, Willie MacCrae, Nicol Edgar, John Maxwell in Barchell, Malcolm MacKenney, John Napier, David Welsh, Jamie Grier, John Glencorse, Tom Carruthers, John Edgar in Holme, Willie Edgar, John Maxwell, tailor, Thomas Martin, tailor, Willie Martin, John Martin, Matthew MacCrae, John Dickson, Robert Maxwell, Geordie Maxwell, Pat Shetlington, Tom Spence, Roger Muirhead, Thomas Wallace, Fergie Neilson, Herbert Carruthers, John Wilson, cook, Willie MacMorran, John Thomson, Watty White, Steven Robson, John Brown, William Irving, John Lowrie, John Rodan, Andrew Lowrie, John Maxwell, Fourmerkland, Robert Smith, William Maxwell, Malcolm MacKinnel, David MacMath, Robert Reid, Herbert Carlisle, Andrew Dickson, Herbert Duncan, Robert Frissell, John Anderson, David Welsh, Jamie Clerk, John Scott, Thomas Milligan, Archibald Carruthers, Adam Black, Peter Miller, Thomas Wallace, John MacKean, William Stewart, Thomas Potter, Nicol Haddow, George Maxwell, James Thomson, Amer Grier, James Porter, Edward Maxwell, Steven Glencorse, Archie Welsh, John MacFadyen, James Reid, Robert Hutcheson, Willie Anderson, Thomas Hapyland, Cuthbert Miller, Edward Duncan, Corporal Richard Lockhart, David Edgar, smith, John Maxwell, Craigs, Hugh Moffat, James Dempster, James Carmont, Patrick Sanderson, Andrew Maxwell, James Milligan, Peter Williamson, Sandy Bratton, James Carrick, John Edgar, John Kelton, John Campbell, James Kinnear, Andrew Miller, John Davidson, John Mein, Hugh Montgomery, Patrick Maxwell, Allan Hamilton, John Gordon, Thomas Kirkpatrick, John Sharper, John MacKay, swordslipper, Martin Murdoch, Robert Miller, Geordie Latimer, Andrew Bratton, Thomas Wright, John MacKay, Herbert Maxwell, Andrew Wilson, Richard Herries, Robert Herries, James Irving, Robert Forsyth, Herbert Clerk, Jamie Gaw, Robert Horner, Willie Calley, John Gilsang, Lebody, Thomas Hannay, Thomas Herries, Roger MacMorran, Gilbert Reston, Robert Fleming, Thomas Darioch, Robert Rogie, Robert Balmanno, William Shanks, William Graham, John Woodhall, David MacKean, Andrew MacLellan, Sandy Lowrie, Alexander Black, Patrick Lewis, Martin Murdoch, Matthew Tinning, Henry Calseir, John MacWalter, John Carmichael, Gilbert Eddislaw, Richie Bell, Alexander MacCulloch, John Johnston, John Pott, Lieutenant David Oliphant, Captain Thomas Dawson, Captain Simon Moffat, Sergeant James Heriot, Sergeant Gilbert Caldwell, Sergeant John Dickson, Sergeant Robert Birkmyre, Captain James Fraser, Lieutenant James Friend, Ensign John Cunningham, Corporal Patrick Kay, Corporal Thomas Barry, John Gaw, Lieutenant John Dempster, William Yule, Edward Meikle, William Phaup, Thomas Hannay, John Hook, John Barbour, John Gayton, Cuthbert Meek, John Lightbody, Donald Hay, William Graham, William Cunningham, Gillespie MacNaught, John Stewart, John Cunningham, John Learmonth, Alexander MacClellan, Ninian Muirhead, James Gibson, John Mundell, David MacKean, Charles Crawford, Thomas Crichton, David Hay, John Wilson, Corporal John MacCulloch, William Heron, Andrew Archibaldson, Walter Irving, David Richardson, Robert Gardiner, Ringane Kirkpatrick, Adam Paulin, Homer Bodden, Patrick Asloan, Robert Stewart, William MacCullie, Lieutenant Alexander Bog, Thomas Dodds, John Edgar, James Rae, William MacEwan, Archibald Oliver, James Brown, John Keil, Thomas Raining, James Grier, Robert Haining, James MacEwan, Thomas MacCartney, William Cunningham, John Martin, Perforce William Scott, John Montgomery, George MacMurrich, Thomas Spence, Edward Law, Jamie Grier, elder, John Muir, Thomas Muir, Gilbert MacNelly, John Barry, Patrick Gibson, John Panton, Fergus MacDowall, Andrew MacBroom, James Baxter, William Copeland, Gilbert Meikle, John MacCowell, William Montgomery, John Hook, Adam Loch, David Richardson, younger, Thomas Suirt, Captain William Maxwell, Lieutenant David Oliphant, Ensign Thomas MacBrair, Sergeant John Vaus, John Glessell, Robert Maxwell, Corporal Clement Edgar, Lieutenant David Anderson, Lieutenant Nicol Scrimgeour, Matthew Hairstains, Thomas Adamson, John Littlejohn, James MacKenzie, John Smith, Adam Walker, Alexander Glendinning, William Maxwell, William Maitland, John Short, Andrew Main, John Charteris, John Wilson, turner, Andrew Dargavell, Robert Crawford, Robert Greig, John Ferguson, weaver, Robert Wilson, John MacMorran, John Edgar, Cuddie Kay, John Hunter, Ellis Maxwell, Gavin Kirkpatrick, John Hornet, John MacKennell, John MacDowall, Andrew MacKay, William Charters, Patrick Asloan, Edward Rawling, William Guffock, John Keaton, Thomas Richardson, Thomas Williamson, John Kay, Simon MacNacht, David Hind, John Hind, John Edgar, minister, John Kennand, John MacBurney, William Palmer, John White, John Hoggan, James Burn, Herbert Dickson, John Hastie, Andrew Aslowan, Andrew Aitkin, William Murray, John Finn, John Frood, Adam Raining, Fergus Reid, Thomas Moffat, James Kirkpatrick, Jamie Shaw, John Whitman, John Henderson, David Wilson, Ninian Smart, Matthew Tinning, Michael Uchtredson, William Cowan, John Yair, John Mitchelson, John Heron, Hobbie MacKay, Robert Dun, James MacGill, William Abercrombie, William Clerk, Thomas Rich, John Woodhall, Adam Thomson, Matthew Turnour, Henry Milligan, William Johnston; Lockerbie: Robert Fleming, Gilbert MacClannachan, Andrew Johnston, Richard Bell, John Moffat, John Tullibody, Mungo Maxwell, Andrew Gray, John MacGubb, John Rawling, Robert Crawford, John and Roger Kirkpatrick, William Neilson, Herbert Johnston, Robert Miller, Nicol Forest, James Lawson, Thomas MacKay, John Dickson, English, William Johnston, Andrew Brown, James Byres, John Palmer, Anthony Wild, John Kay, Fergus Reid, William Clerk, John Breck, George Moffat, Robert Edgar, Richie Thomson, John MacCulloch, John Kay, Geordie Wallace, John Corsan, John Rowall, John Gledstanes, younger, Herbert Cunningham, saddler, Cubbie Cunningham, Robert Panterson, Andrew Robson, Herbert Birkmyre, Andrew Blackstock, Willie Shortrig, Michael Anderson, Robert Murdoch, Mark Wardlaw, Gilbert Beattie, John Hairstains, John Duncan, John Ferguson, John Luke, John Kirk, Matthew Irving, John Mundell, Robert Forsyth, John Cunningham, tailor, David Gordon, Willie Hope, Robert Greir, Hobbie Dickson, Jamie Welsh, John Rawling, Nicol Forsyth, Willie Edgar, Andrew Grier, Adam Walker, James Maxwell, David Maxwell, John Paterson, Robert Newall, Matthew Tait, Cubbie Hewat, John Paterson, Captain John Maxwell of Newlaw, Cornet Alexander Maxwell in Logan, Quartermaster James Hunter in Drumshinnoch, Quartermaster Andrew Lindsay of Sergirth, Trumpet Willie Dickson, Roger Gordon in Kirkconnell, James Cannon, John Carruthers in Holmends, Herbert Hunter in Drumshinnoch, James MacClellan in Netherthird, William Douglas in Pennerie, Cuthbert Murray, Charlie Murray of Aiket, Wat Irving of Robgill, Francie Carlisle, son to Jock, Cubbie Milligan, laird [of] Wormanby, younger, Willie Carruthers, his brother, Tom MacBrair, John Kirkpatrick, Thomas Maxwell, James Maxwell, Priestslands, Paton Bell, High Mure, David Bell, Holme Head, Wattie Bell in Middlebiehill, Steven Glencorse of that Ilk, John Carruthers of Danbie, Wattie Bell, son to Jock, Richie Bell, his brother, Will Graham, clothman, Geordie Bell of Annan, Robert Murray of Clonyet, Alexander Camon, John Murray, John Gordon, Leonard Roddick, Francie Armstrong of Kinmont, Jamie Armstrong in Cannonbie, Francie Armstrong in Whitehaugh, Francie Carlisle, son to Alexander, John Johnston of Land, Geordie Graham of Carruthers, Ninian Armstrong of Auchinbedrig, Francie Irving of Kirkpatrick, Wat Irving, his brother, Dick Irving among the Rashes, Richie Bell, Slagon, Humphrey MacGowan, John Johnston in Cummertrees, Richie Murray, Aiket, Sandy Armstrong, Kinmont, Francie Armstrong, Flatt, James Hunter, Robert Murray, John Johnston, Tundergarth, Andrew Johnston, Muirhead, Robert Armstrong, Hobbie Graham, John Graham, Captain George Carruthers of Holmends, Cornet Charles Carruthers, his son, Quartermaster Hugh Maxwell in Balgreddan, Quartermaster Edward Irving of Kirkpatrick, Abraham and Edward Irving, his sons, Christie Carruthers, Dormont, Willie Carruthers, his brother, George Graham, Medhope, Hobbie Sturgeon, Andrew Sturgeon, John Carruthers, Ramerschallis, Matthew Carruthers, John Bell, David Irving, Robgill, Willie Armstrong, Twedane, Willie Johnston, Priestdykes, Richie Graham, Midhope, John, Francie, Sim, Fergus and Wattie Graham, his sons, Wattie Graham, Aikenshaw Hill, William Graham, Beddoskholme, William Blackburn, John Robson, John Carruthers, John Gibson, Willie Graham, Blawart Wood, Robert Graham, Longriggs, Jamie Rome, Cordoche, Sim Graham, Serk Jeffrey, Will Irving, Wat Irving, Cawartisholme, Hobbie Sturgeon, Richie Irving, Willie Irving in Millflat, Andrew Bell, Holmhead, Andrew Wrightson, Geordie Graham, William Wright, Sim Carruthers, Patrick Dunbar, William Menzies in Castlehill, Archibald Menzies, Alexander Douglas, John Maxwell, Mersehead.
[1585/12/39]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice and consent of his three estates convened in this present parliament, wills and grants and, for his highness and his successors, decrees and ordains that all ministers, masters of colleges and schools who departed out of this realm at any time within the space of three years past shall be restored and repossessed to their benefices, lands, livings, offices and possessions and to their goods and debts extant, to be possessed, enjoyed and occupied by them as before the troubles intervened, notwithstanding any acts or process led or made against them or dispositions made of that which pertained to them of before, which his highness wills and commands to have no force to their hindrance or prejudice; and ordains letters to be directed for their repossession in like manner as are granted for the noblemen and others, his highness's subjects, lately received to his majesty's favour and obedience, providing that the rents of the said colleges yet extant in the tenants' hands and on intromitting with before the last feast of Martinmas [11 November] during the said space, be conveyed fruitfully for pious uses and the commodity of the said colleges, by the sight and advice of the lords of his highness's exchequer; and ordains letters to be directed hereupon, if need be, in the appropriate form.