On the third day of parliament
[1585/12/7]*[print] [email] [cite] [preceding] [following]
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.
[1585/12/8]*[print] [email] [cite] [preceding] [following]
The king being present.
[1585/12/9]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/10]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/11]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/12]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/13]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/14]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/15]*[print] [email] [cite] [preceding] [following]
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.
[1585/12/16]*[print] [email] [cite] [preceding] [following]
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.
[1585/12/17]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/18]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/19]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/20]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/21]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/22]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/23]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/24]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/25]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/26]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/27]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/28]*[print] [email] [cite] [preceding] [following]
†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.
[1585/12/40]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, by advice of this present parliament, statutes and ordains that the nearest agnates and kinsmen of natural fools, idiots and furies shall be served, received and preferred according to the disposition of the common law to their tutory and curator; and seeing his highness's dearest cousin James, earl of Arran is declared an idiot and not in control of his mind, and has been destitute of a lawful curator by the late exile and banishment of John, lord Hamilton, Claud [Hamilton], commendator of Paisley, and others, his nearest kinsmen and friends, our said sovereign lord, by the advice aforesaid, declares the said John, lord Hamilton able and capable as nearest agnate and kinsmen to the said James, earl of Arran, to use and exercise the office of curatory to him for the rule and administration of his lands, lordships, affairs and living; and ordains his highness's brieves to be directed to that effect, to serve the said John to the said office of curator, notwithstanding the dative given by his highness to the late chancellor, the which is declared by this present act to be retreated, rescinded, abrogated and annulled and shall be of no strength, force nor effect in any time hereafter.
[1585/12/41]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates convened in this present parliament, for weighty and good considerations moving them tending to the establishing of quietness and universal obedience within this realm, therewith considering and having tried the constant affection and dutiful obedience towards his highness of his well beloved Lord Claud Hamilton, son lawful to the late James [Hamilton], duke of Chatelherault etc., have given, granted and, by the tenor hereof, gives and grants to the said Claud Hamilton and his domestics following, to wit, James Muirhead of Lauchope, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, Andrew Hamilton of Hailes, John Hamilton of Shawton and Robert Hamilton of Letham, the like grace, benefit, favour, privilege and conditions of pacification as are contained in the articles of pacification made and accorded upon at the burgh of Perth on 24 February 1572 [1573], ratified and approved thereafter in his highness's parliament in April 1573, concerning whatsoever crimes, offences and transgressions committed or that may be esteemed to be committed by the said Lord Claud Hamilton and other persons above-nominated, upon any causes or occasions mentioned in the said articles of pacification or otherwise, within the time therein specified or since, for the which they, or any of them, have been or may be accused or forfeited, or which are comprehended in any dooms or sentences of forfeiture already led against them; and finds, decrees and declares that the same pacification and whole privileges, favour and conditions aforesaid be as largely and favourably interpreted in favour of the said persons for safety and enjoying of their lives, lands, livings, heritages, benefices, honours, possessions and goods as of any others comprehended in the said former pacification and as if the whole articles thereof were expressly inserted herein; and ordains this, our said sovereign lord's favour and pacification, to be extended and extends the same to all crimes committed by the said Claud and his aforesaids, or that may be alleged to have been committed or assisted to or whatsoever art, part or counselling thereof, of whatsoever weight they be or may be interpreted to be of, since the time of our sovereign lord's coronation to the date of this act, notwithstanding whatsoever exception of any crime contained in the articles of the said pacification or any of them; and further, finds and declares that this present pacification granted to the said Lord Claud Hamilton and his aforesaids shall not be any derogation to the pacification granted to them of before, but to be a ratification, approbation and amplification thereof. Of the which crimes our said sovereign lord, with advice aforesaid, wills and declares that this present favour and pacification to be a sufficient and ample remit and security to the said Claud and his aforesaids, for their life, honours, lands, benefices, offices, privileges, goods and gear, as if the same were specially to them under our sovereign lord's great seal or whatsoever form of security. And for their better security, our said sovereign, with advice above-written, of his special grace and clemency, rehabilitates, restores and reintegrates the said Lord Claud Hamilton and others above-nominated, their bairns and posterity fully to their good fame, honours and dignities, and to the full right, enjoying and possessing of all and sundry their lands, benefices, livings, offices, goods, rooms, rents and possessions, debts, reversions, obligations and actions whereof they, or any of them, have been, or may be, deprived or dispossessed by any cause or occasion before rehearsed preceding the date hereof, with power to them and every one of them and their aforesaids to re-enter in and to the same, possess, enjoy, use and convey their lands, benefices and others aforesaid with all right, claim and interest, and always in such state in every behalf as they were before the said process, doom and forfeitures led and deduced against them, likewise and as freely as any other our sovereign lord's lieges and as if no doom nor sentence of forfeiture had been led against them concerning the premises and as if the crimes and offences therein contained and others above-expressed had never been committed nor assisted to; and declares that this act be as sufficient and of as great strength, force and effect in all time coming in favour of the said persons and their aforesaids, to the effect above-written, as if the dooms and sentences of forfeiture at any time past led and deduced against them, and specially the dooms of forfeiture against them in the parliament held at Edinburgh in [...] 1579, were specially reduced, rescinded, abrogated and annulled in parliament, notwithstanding of the same dooms and processes of forfeiture and of whatsoever acts of parliament, laws, constitutions, as well against the posterity as the principal acts of secret council or others if any be; concerning the which our said sovereign lord, by advice above-written, for his highness and his successors, dispenses, annulling hereby the same so far as may concern or be extended to them or any of them, renouncing all action and interest competent to them thereupon, commanding and charging the lords of secret council and session to give and grant to the said Lord Claud Hamilton and others nominated above such letters and also summarily for repossessing of them to their lands, livings, benefices and others above-expressed, as has been or may be granted in favour of many others to whom the benefit of pacification above-rehearsed has heretofore been granted, or any others our sovereign lord's lieges have obtained of his highness in whatsoever form or for whatsoever causes or considerations; with power also to the said Claud Hamilton and others specified before to call and pursue concerning the premises and all actions, contracts, suits of benefices, obligations and whatsoever goods and gear extant in the hands of tenants or any other debtors or otherwise not intromitted with by themselves or others in their names, as often and in such manner as they or any of them shall think expedient. And further, our said sovereign lord, with advice aforesaid, for the better security of the said Lord Claud and his aforesaids, ratifies, confirms and approves the whole premises above-written and every point thereof, and decrees and declares the same to have full strength, force and effect in all time; and ordains letters to be directed hereupon in the appropriate form.
[1585/12/42]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, understanding that by his highness's act and ordinance made in December 1582, restored James, Archibald, George and William Douglas, sons natural to the late James, sometime earl of Morton, to their whole lands, livings, towers, offices, benefices, tacks, teinds, possessions, honours, pensions, dignities and other commodities whatsoever lost and taken away from them, either by acts of parliament touching the disinheriting of the posterity, as well lawful as natural, of the said James, sometime earl of Morton, and annulling and abrogating of the dispositions, infeftments and alienations made by the said late earl of Morton since the time of the committing of the crime for the which he was forfeited, or else by the sentence and doom of forfeiture led against the said James and Archibald in the month of November 1581; in the which restitution, our said sovereign lord also has abrogated and annulled all and whatsoever gifts, dispositions and presentations made by his highness of any lands, livings, rents, offices, bailiaries, teinds, tacks, pensions, benefices, honours and dignities pertaining to the said persons, decreeing the same to be null and of no value, as at more length is contained in the restitution and rehabilitation of the date aforesaid, which also our said sovereign lord promised in the first word to ratify in his highness's first parliament; and nevertheless it is of verity that partly by the said two acts of parliament and partly by the said doom of forfeiture yet standing against the said James and Archibald, they have been utterly secluded from their said whole livings and others aforesaid and their said restitution only ineffectual, therefore, our said sovereign lord, considering the said act and his highness's promise above-written, with advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the said restitution and reintegration of the said James, Archibald, George and William Douglas, sons natural to the said late earl, to their whole lands, livings, benefices, offices, bailiaries, towers, tacks, teinds, pensions, honours and dignities whatsoever in all points, heads, articles and clauses contained in the same, with the annulling of the whole dispositions, alienations, presentations and gifts conveyed by our said sovereign lord of the same, and likewise abrogates and annuls all acts of parliament whatsoever concerning the said dispositions, presentations and gifts, with all other acts of parliament, whereby the said persons may be prejudiced, damnified concerning the said lands, livings and others aforesaid, so far as the said acts may be extended to their prejudice as said is; and also abrogates and annuls the said two acts of parliament, the one concerning the disinheriting of the posterity of the said James, sometime earl of Morton, the other concerning the annulling of all dispositions and infeftments made by the said late James, earl of Morton during his lifetime, so far as concerns them to him, and declares the said four sons in no way to be comprehended under the said act, nor yet any disposition made by the said earl to them to be subject thereto; and likewise ordains letters to be directed for causing of them be answered and obeyed of all pensions, rents, tacks, teinds and duties and for entering and restoring of them to their lands, livings, towers, honours, offices, bailiaries and dignities pertaining to them of before against whatsoever persons, intromitters therewith, and duties thereof, and that of this instant crop and year of God 1585, according to our said sovereign lord's ordinance made thereupon, and likewise to be possessed and enjoyed by them in all times coming; providing always that this act and ordinance are in no way prejudicial to Alexander Seton, commendator of Pluscarden, concerning his undoubted right to the priory of Pluscarden, the which our said sovereign lord declares and ordains to stand in the own strength and effect, according to the general acts of restoration in this present parliament, and to the acts of parliament granted of before to the said Alexander in confirmation and ratification of his first provision and decreet of reduction, to the which this present benefit granted to the said James Douglas and others aforesaid shall no way derogate nor prejudice, notwithstanding any right obtained or title he might pretend to the said priory, which the said estates declare of new to be null and by the tenor hereof annul, abrogate and rescind the same; reserving and accepting to Matthew Stewart of Minto, his heirs and assignees, the lands of Prior Letham, pertaining heritably to David Orme, which were wadset by him to the late James, earl of Morton and conveyed by him to William Douglas, his natural son, by whose forfeiture the same coming in our sovereign lord's hands was conveyed to the said laird of Minto and who has transferred the same to others, so that our sovereign lord cannot restore the said William Douglas to the said lands of Prior Letham; and ordain letters of publication to be directed hereupon, if need be, in the appropriate form.
[1585/12/43]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament, understanding that Archibald, earl of Angus, by virtue of a decreet arbitral given by his highness and lords of secret council, was decreed to pay the sum of 10,000 merks for the restitution of the heirs of the laird of Whitelaw, procured by the mediation and travails of the said Archibald, earl of Angus, which sum he really paid, together with diverse other sums of money for the right of the lands and livings of Whitelaw made by the said heirs to him since the restitution aforesaid, whereof our sovereign lord wills and grants that he shall in no way be defrauded; therefore his highness and three estates aforesaid decree and ordain that this general restitution concluded in this present parliament and whole acts and articles thereof be in no way extended to the said heirs of Whitelaw, until the said Archibald, earl of Angus be sufficiently satisfied, as appropriate, ordaining the said Archibald, earl of Angus to be repossessed to the said living in the same estate as he was in before the pronouncing of any sentence of forfeiture against him, and to possess and enjoy the same according to the rights made to him thereupon until he be sufficiently satisfied as said is; and that notwithstanding any pacification or restitution granted to them.
[1585/12/44]*[print] [email] [cite] [preceding] [following]
The which day Francis [Stewart], earl of Bothwell, lord Hailes and Crichton, in name and behalf of the heirs of Whitelaw, protested that the act granted in favour of Archibald [Douglas], earl of Angus concerning the heirs of Whitelaw in no way hurt or prejudice them touching their right which they have to the living thereof.
[1585/12/45]*[print] [email] [cite] [preceding] [following]
Concerning the humble petition of John Carmichael, younger, of that Ilk, requiring that the lands of Fenton, tower, mills and pertinents thereof pertaining to him, might be always excepted out of the general restitution and repossession, and that our sovereign lord, with advice of his three estates, should decree and declare that the said restitution and repossession and whole acts concluded upon in this past parliament should in no way be extended thereto, but the said John to be ordained to be repossessed to the said lands, tower, fortalice, mills and pertinents thereof in the same estate as he was before the pronouncing of any doom of forfeiture against him and dispossessing of him of the same, notwithstanding any pacification or restitution granted to the heirs of Whitelaw. The three estates refer the said exception to be declared by the king's majesty, providing that the same prejudice not the common pacification and abolition.
[1585/12/46]*[print] [email] [cite] [preceding] [following]
†The king's majesty, with advice of the three estates of this present parliament, understanding that his trusty cousin and councillor John [Maxwell], earl of Morton, lord Maxwell, with his whole kin, friends and servants, during the time of the feud and late troubles between him and Sir John Johnston of Dunskellie, knight, made their special repair within the town of Dumfries, fortified and garnished the same with men of arms, victual and all other equipment needful for their defence, whereunto the inhabitants of the said burgh might not oppose themselves in consideration of the multitude of the said noble lord's friends dwelling round about and within the said burgh, notwithstanding whereof fault may be inputted by them and their successors to the said earl in any sort with men, money or victual and for resetting and communicating with them and assisting thereof, of his special favour, clemency and good will, has given, granted and conveyed and, by this act, gives, grants and conveys to his beloved provost, bailies, council and community of the said burgh the like benefit, favour and good will as is contained in the acts of abolition, general pacification and others granted and concluded in this present parliament in favour of John [Hamilton], lord Hamilton, Archibald [Douglas], earl of Angus, John [Maxwell], earl of Morton and remainder of their colleagues, as also the particular acts to John, earl of Morton, his kin, friends, party and partakers, and that the same shall be most largely extended and interpreted in their favour, with all passes, clauses and conditions contained therein, as if they and every each one of them were specially expressed and comprehended in the said acts so far as the same may serve for their best security, which his majesty holds as if they were expressed in this present act; and further, for his highness and his successors, presently abolishes all action, civil or criminal, and offences committed by the said persons or that may be laid to their charge either by his highness or any party for whatsoever cause or occasion bygone since April 1569, renouncing, discharging and abolishing all action, civil and criminal, which may either be pretended by his highness or the said parties alleging themselves aggrieved, declares expressly the same to be extinct and condemned in perpetual oblivion and the memory thereof never to be renewed in any sort; and discharges by this act the lords of session, justice general, justice clerk, advocate, treasurer and all other judges whatsoever to proceed against the said persons or any of them hereupon; and further, declares the elections of John Maxwell of Newlaw, as provost of the said burgh, to be good and sufficient in the self and to stand for him and his successors so long as the said John Maxwell shall be authorised by common election or consent of the inhabitants thereof, discharging whatsoever other rights and security made at any time bygone or to be made to any other person of the same in the contrary.
[1585/12/47]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of parliament, remembering the good, true and thankful service done to his highness by his beloved familiar servant Master William Leslie, brother-german to John Leslie of Balquhain, to his great charges and expenses, in recompense our said sovereign lord gave, granted and conveyed to the said Master William, his heirs and assignees heritably all and whole the lands and annualrents which pertained to the blackfriars and whitefriars sometime situated within the burgh of Aberdeen, which infeftment, by occasion of the said Master William's absence in their late troubles, was revoked, and after the said revocation, the said [lands]† and annualrents were conveyed to the provost, bailies, council and community of the said burgh of Aberdeen, and so, by the said revocation, in respect of the new disposition made of the said lands and annualrents as said is, there remained nothing to the profit and commodity of his majesty, and yet the said Master William remains thereby unrecompensed. Therefore, our said sovereign lord, with advice of his said three estates, by the tenor of this act, revokes, retreats, abrogates and annuls the aforesaid infeftment, precept and instrument of sasine following thereupon, given and granted to the said provost, bailies, council and community of the aforesaid lands and annualrents, with all other infeftments and dispositions following thereafter, if any be, and ordains a new infeftment thereof to be made to the said Master William, his heirs and assignees heritably, for payment to our sovereign lord and his successors of the sum of £40 yearly at two usual terms, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, to be bestowed and employed to the poor of the hospital of the said burgh of Aberdeen as his highness and successors shall appoint and think expedient.
[1585/12/48]*[print] [email] [cite] [preceding] [following]
The which day Alexander Rutherford [of Rubislaw], commissioner for the burgh of Aberdeen, in presence of our sovereign lord and three estates in parliament, protested that [the]† gift and disposition and confirmation, with the revocation therein contained, of the rents, profits and duties of the black and white friars of Aberdeen granted in this present parliament to Master William Leslie be in no way prejudicial to the gift thereof made and granted by our sovereign lord and ratified in [his]† highness's parliament to the burgh of Aberdeen, for sustenance of their poor and maintaining of the hospitality of the said town, and that in respect the said Master William's gift of the said friars took never effect in his person by possession and also because the gift thereof made and granted to the said town of Aberdeen for pious uses, namely, for sustenance of the poor and maintaining of the hospitality as said is, can in no way be revocable according to the lovable laws and custom of this realm, inviolably observed in all gifts, donations and dispositions made to whatsoever burghs within this realm of all and sundry chaplainries, prebendaries, friars' lands, annualrents, anniversaries and others whatsoever, which never has been called in question by virtue of any of our sovereign lord's revocations, but has stood and yet stands in full force, strength and effect, notwithstanding the same.
[1585/12/49]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the lords of this present parliament, wills and ordains that the same general act of abolition and restitution be specially extended in the whole heads, articles and clauses of the same to the late William, earl of Gowrie, Dame Dorothea Stewart, countess of Gowrie, his spouse, John and James Ruthven, their sons, the whole remaining bairns and posterity, so that notwithstanding whatsoever conviction in justice courts, doom or process of forfeiture or other processes whatsoever led or deduced against the said late William, earl of Gowrie, the said Dame Dorothea, his spouse, their bairns and posterity, the said late earl, by virtue of the said act, is fully restored to his name, honour and fame and the said Dame Dorothea Stewart, his spouse, to her whole rooms, possessions, lands and steadings she, in any manner of way, had right to before the doom of forfeiture led against her, and the said James and John, their sons, and whole remainder of their bairns and posterity, made free to possess and use whatsoever earldoms, lordships, lands, rents, tacks, offices, dignities, benefices, gifts, dispositions and others whatsoever the said late Earl of Gowrie had the time of his decease, or that they or any of them may in any way succeed to, or otherwise may fall or appertain to them, or yet that the said James and John and remainder of their bairns and posterity had right to in their own persons before any forfeiture led and deduced against them, so that at all times hereafter they may peaceably possess and use the same according to the tenor of the said general act in all points and have the free and full benefit thereof.
[1585/12/50]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of parliament, understanding that James Richardson of Smeaton really and with effect disbursed and paid to the late William [Ruthven], earl of Gowrie, lord Ruthven and Dirleton, the sum of £4,000 of his own proper money and bestowed by the said late earl upon his own affairs, tending to his utility and profit; for security of the which sum of £4,000, the said late William, earl of Gowrie, bound and obliged him to infeft the said James in liferent and Robert Richardson, his son lawful, his heirs and assignees, in fee and heritage in all and whole an annualrent of £400 usual money of this realm yearly, to be uplifted at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, of all and whole the town and lands of Cousland, with the parts, pendicles and pertinents thereof, lying within the sheriffdom of Edinburgh, to be held of him and his heirs as in the contract made between them thereupon at Edinburgh on 24 May 1580, registered in the books of council, at more [length]† is contained, by virtue of the which the said persons were infeft in fee and liferent of the said annualrent of any years and terms immediately thereafter, and obtained our said sovereign lord's confirmation thereupon, as the same of the date at Holyroodhouse on 13 March 1582 [1583] at more length bears; and nevertheless, the said James has obtained no payment of the said annualrent of any years and terms since the date of the said infeftment by reason of the forfeiture led against the said late Earl of Gowrie, the said annualrent being held of him and his heirs only, and under precept that our said sovereign lord's confirmation was granted between 22 August 1582 and [...] June 1583, whereby he has hitherto been frustrated of the said annualrent and of the said great sum of money disbursed therefore; and our sovereign lord, considering likewise the said late earl was bound so of good right and conscience, his heirs and successors are obliged for warranty and security of the said annualrent, right and infeftment thereof, namely, since the same sum was disbursed, the contract and infeftment aforesaid made and perfected before any suspicion or crime whereupon the said late Earl of Gowrie was attended, the said James ever remained our faithful liege and subject without any suspicion or crime (whereupon the said late earl attended as said is), and having also the benefit of our said sovereign lord's confirmation and the alienation aforesaid proceeding upon a title onerous in no way suspected of any fraud. And therefore his highness, with advice, express consent and assent of the said three estates of parliament, upon certain knowledge, has ratified and approved and, for his highness and successors, by the tenor of this act, ratifies and approves the said contract, infeftment and sasine following thereupon, with the said charter of confirmation granted of before in manner aforesaid, and wills and grants for his highness and his successors that the said James, for all the days of his lifetime, and after his decease, the said Robert, his heirs and assignees specified in the said infeftment, shall freely possess and enjoy the said annualrent of £400 yearly to be uplifted out of the lands aforesaid, and that it shall be lawful to them to call, follow, poind and distrenzie for that for all years bygone since the date of the said infeftment and in time coming, until the lawful redemption thereof by payment of the said sum of £4,000, after the form and tenor of the reversion made thereupon, and that notwithstanding the process of forfeiture led against the said late William, earl of Gowrie or whatsoever law, statute, act of parliament or other constitution made for annulling, rescinding, abrogating and revoking of the alienations made by the said late William, earl of Gowrie and our said sovereign lord's confirmation granted thereupon, to the which, and every one of them, our said sovereign lord, with advice and consent aforesaid, wills, decrees and ordains this act to make express and special derogation and ordains a charter to be made under the great seal in the more form, ratifying and approving the said infeftment and sasine, with the said other confirmation proceeding thereupon, containing the whole narrations, clauses and derogations aforesaid, ordaining this present act of parliament, subscribed by [Alexander Hay of Easter Kennet], clerk register, to be sufficient and immediate warrant thereto at the great seal, without passing the signet and privy seal, and to be extended in the best form with all clauses needful.
[1585/12/51]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates in this present parliament, understanding that James Johnston of Elphinstone really and with effect disbursed great sums of silver of his own proper money to the late William [Ruthven], earl of Gowrie, lord Ruthven etc., for payment and satisfaction whereof the said late William, earl of Gowrie, by contract and appointment passed between him and Dame Dorothea Stewart, countess of Gowrie, his spouse, on that one part, and the said James Johnston of Elphinstone on the other part, the said late William, earl of Gowrie and his spouse bound and obliged them to infeft sufficiently the said James Johnston of Elphinstone, his heirs and assignees heritably in all and whole the lands of Cousland, with the pertinents, then occupied with the proper goods pertaining to the said late William, earl of Gowrie and his heirs, as the said contract of the date at Edinburgh, the [...] day of [...] 1583, registered in the books of council, at more length purports; by virtue of the which contract, the said James Johnston was heritably infeft in all and whole the said mains of Cousland, with the pertinents, and obtained our said sovereign lord's confirmation thereupon, as the same confirmation of the date at Holyroodhouse on 24 December 1583 in itself at more length purports; notwithstanding of the which contracts, infeftment and charter of confirmation following thereupon, the said James Johnston has obtained no payment of the mails, ferms and duties of the said lands and mails of Cousland for any years and terms bygone since the date of the said infeftment by reason of the forfeiture of the said late William, earl of Gowrie, the said lands being held of him and his heirs, and under precept that the said infeftment was granted since 23 August 1582, whereby the said James Johnston has been frustrated hitherto of the whole profits of the said lands, he remains continuously our faithful subject and liege without any suspicion of offence for his part, and having also the benefit of our sovereign lord's confirmation and the said alienation proceeding thereupon a title onerous, in no way suspected of fraud, therefore, our said sovereign lord, with advice and consent of the said three estates in this present parliament, has ratified, approved and confirmed and, by the tenor hereof, ratifies, for his highness and his successors, approves and confirms the aforesaid contract and infeftment, namely, charter, precept and instrument of sasine following thereupon, with our sovereign lord's confirmation granted in manner aforesaid, and for his highness and his successors wills and grants that the said James Johnston of Elphinstone, his heirs and assignees peaceably possess and enjoy the said mains and lands of Cousland, with the pertinents specified in the said infeftment, mails, ferms, profits and duties thereof, and that it shall be lawful to them to call, follow, poind and distrenzie for the mails, ferms, profits and duties of the said lands of all years and terms bygone since the date of the said infeftment and in time coming, according to the said infeftment in all points; and that notwithstanding of the process of forfeiture led against the said late William, earl of Gowrie, or whatsoever law, statute, act of parliament or other constitution made for annulling, rescinding, abrogating and revoking of the alienations made by the said late William, earl of Gowrie, to the which, and every one of them, our said sovereign lord, with express advice and consent aforesaid, wills, decrees and ordains this act to make express and special derogation, and ordains a charter to be made under the great seal in the more form, ratifying and approving the said infeftment and sasine, with the said other confirmation proceeding thereupon, containing the whole narration, clauses and derogations aforesaid; ordains this present act of parliament, subscribed by [Alexander Hay of Easter Kennet], clerk register, to be a sufficient and immediate warrant thereto at the great seal, without passing the signet or privy seal, and to be extended in the best form with all clauses needful.
[1585/12/52]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates of parliament, understanding that John Carmichael, younger, of that Ilk, in name and behalf of James Carmichael, his son, really and with effect disbursed and paid to the late William [Ruthven], earl of Gowrie, lord Ruthven and Dirleton, the sum of 7,000 merks money and bestowed by the said late earl upon his own affairs tending to his utility and profit, for security of the which sum the said James Carmichael was infeft heritably in all and whole the lands of Highfield and Arnot's Flat, with the pertinents, lying within the lordship of Dirleton, under reversion, containing the sum of 4,000 merks, and likewise in all and whole an annualrent of 300 merks to be taken up yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, out of all and whole the mains of Dirleton, with the pertinents, likewise under reversion, containing the sum of 3,000 merks, as the same infeftments and our sovereign lord's confirmation following thereupon of the date the [...] day of [...] 1580 at more length bears; nevertheless, the said James has obtained no payment of the said annualrent of any years and terms since the date of his said infeftment by reason of forfeiture, as well led against the said late Earl of Gowrie as against the said John Carmichael, and under pretext that our said sovereign lord's confirmation was granted between 22 August 1582 and [...] day of [...] next thereafter, whereby he is hitherto frustrated of the said annualrent and of the great sum of money disbursed; therefore the said James Carmichael, being within the age of 16 years, ever remained our sovereign lord's faithful liege and subject without any suspicion of offence, and having also the benefit of our sovereign lord's confirmation and the alienation aforesaid proceeding upon a title onerous and in no way suspected of any fraud; and therefore his highness, with express consent and assent of the three estates of parliament, upon certain knowledge, has ratified and approved and, for his highness and his successors, by the tenor of this act, ratifies and approves the said infeftment and sasine following thereupon, with the said charter of confirmation granted of before in manner aforesaid, and wills and grants, for his highness and his successors, that the said James, his heirs and assignees specified in the said infeftment shall freely possess and enjoy the said lands of Highfield and Arnot's Flat, with the pertinents, set, use and convey thereupon at his pleasure in time coming, until the lawful redemption thereof, according to the reversion granted thereupon; and likewise, it shall be lawful to the said James and his heirs to call, follow, poind and distrenzie for the said annualrent of 300 merks of all years and terms bygone since the date of the said infeftment and in time coming, until the lawful redemption thereof by payment of the said sum of 3,000 merks, after the form and tenor of the reversion likewise granted thereupon, and that notwithstanding the process of forfeiture led against the said late earl and the said John Carmichael or whatsoever law, statute, act of parliament and other constitution made or to be made for annulling, rescinding and revoking of the alienations made by the said late Earl of Gowrie, for himself or in name of [...], his son, and our said sovereign lord's confirmation granted thereupon; to the which, and every one of them, our said sovereign lord, with advice and consent aforesaid, wills, decrees and ordains this act to make express and special derogation, and ordains a charter to be made under the great seal in the more form, ratifying and approving the said infeftment and sasine, with the other confirmation proceeding thereupon, containing the whole narrations, clauses and derogations aforesaid, ordaining this present act of parliament, subscribed by [Alexander Hay of Easter Kennet], clerk register, to be sufficient and immediate warrant thereto at the great seal, without passing the signet and privy seal, and to be extended in the best form with all clauses needful.
[1585/12/53]*[print] [email] [cite] [preceding] [following]
†Forasmuch as concerning the supplication given in before the king's majesty and lords of articles by John Aitchison, sometime his highness's master coiner, making mention that where seeing the said John Aitchison's present miserable estate is not unknown to our said sovereign and how he is fallen in this calamity not by his own government for his own deed nor default, but by the occasion of his office and service to the late William [Ruthven], earl of Gowrie, treasurer to our sovereign lord for the time, by whom the said John was induced to take upon him the payment of diverse debts that he contracted for his grace's affairs, specially for his highness's apparel to merchants, surmounting the sum of £10,000, the relief thereof the said John looked to have had by the coin-house, as usually the masters thereof have been accustomed at desire of the treasurer to disburse their own money and to employ their credit for the prince's service; but the coin-house being set in tack to certain merchants of Edinburgh, with power to choose their own master coiner, the said John was removed for refusing to be partner with them in making of such money as proved thereafter unprofitable and worthily discharged; after which followed the death, forfeiture and removing from office of the said late William, earl of Gowrie, treasurer, and so all means of the said John's relief being cut away, he was denounced to the horn at the instance to whom he had become debtor and compelled to flee his own house, and for refuge ever compelled to remain in the girth since, and, namely, in this late troublesome time of pestilence, whereby he is wracked both in body and goods, his bairns remaining unhelped and the s[...]er† heritage that he himself and his friends conquest to him for a life thralled and unable ever to be recovered without the king's majesty's gracious favour; beseeching therefore most humbly his highness to have pity and compassion of the said John's long trouble and apparent utter wrack undeserved, and because the greatest part of the debt above-specified, whereunto the said John is subject, is for his highness's own affairs and otherwise he would never have subjected himself to that peril, the said late earl and his heirs being always obliged for his relief, seeing our said sovereign lord of his highness's clemency is now moved to restore the heirs of the said late earl, the said John's humble petition is that his majesty, with the advice of the three estates of this present parliament, would presently take such order in granting them their favour and benefit that the said John may be paid of the sums of money owing him by the said late earl and his heirs now to be restored in this present parliament, and that he may have execution upon their lands and goods for payment thereof according to the law, notwithstanding the said late earl's eldest son was infeft in fee of his lands in his own lifetime, and also notwithstanding any supersederes or other privilege whatsoever granted to the said late earl in his lifetime, whereby the said John or his heirs may be defrauded in the payment of the said sums, to the effect he may be relieved at his creditors' hands, and that our said sovereign lord, with advice aforesaid, would decree and declare all such supersederes and privileges so far as concern him null and of no value, force nor effect, as at more length is contained in the said supplication. Our sovereign lord and three estates of this parliament, knowing the truth of the said complaint, ordains and declares that the said John and his heirs shall have execution upon the said lands which pertained to the said late Earl of Gowrie for payment of the said sum of £10,000 (except so much thereof as he shall be found by just calculation to be freed and relieved of), and that they have like process of comprising of the same lands, or any part thereof, or annualrent out of the same, as will extend to the payment of the sum above-written, or otherwise execution of horning against the person of now James [Ruthven], earl of Gowrie, restored in this present parliament to the lands and living of his said late father, and execution of his goods and gear whatsoever by poinding, likewise and in the same manner as the said John might have had against the said late earl being alive and standing sasined in fee of his lands, living and heritage, or as if the said James, his son, were sasined by brieves and entered as heir to his said late father to his said lands and heritage, notwithstanding that the said James was infeft in fee of the said lands and heritage in the lifetime of his said late father, and notwithstanding any supersederes granted to him or other privilege whatsoever granted to the said late earl in his lifetime, or to the said James, now earl of Gowrie, by his restitution, whereby the said John and his heirs may be defrauded in payment of the said sums; which supersederes his highness and three estates declare to have no force nor validity to stop or hinder execution for the said John's relief of the sum above-specified in manner aforesaid; and ordain letters to be directed hereupon in the appropriate form.
[1585/12/54]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates of this present parliament, ratifies and approves the gift made and granted by his highness to his right trusty cousin John [Hamilton], lord Hamilton, of his majesty's castle of Dumbarton, with all ammunition and ordinance therein, whereof the tenor follows:
James, by the grace of God, king of Scots, to the lords of our council and session and all others, our lieges and subjects whom it concerns, whose knowledge these our letters shall come, greeting. Know you us to have made, constituted and ordained and, by these our letters, make, constitute and ordain our right trusty cousin and councillor John, lord Hamilton, captain of our castle of Dumbarton, and give him the charge and office thereof of all and sundry fees, duties and casualties annexed, assigned or pertaining thereto, and especially the rents and livings annexed of old to the keeping thereof, together with the sum of 550 merks augmented and assigned thereto out of the surplus of benefices within our realm, to be paid to him yearly by our collector general, his deputes and officers at the terms of payment used and wont, beginning his first payment at this instant year of God 1585, and so forth yearly enduring his said charge and office, commanding our said collector general and his aforesaids to answer, obey and make thankful payment to the said John, lord Hamilton, captain aforesaid, of the said sum of the readiest of their intromission this present year and yearly in time coming during his said office, to be thankfully allowed to them in their accounts by the auditors thereof, whom we command to discharge and allow to them yearly, these our letters being once shown upon account and registered in our rolls as is appropriate; with power to our said right trusty cousin and councillor to use and exercise the said office, possess and enjoy the said fees, duties and casualties pertaining thereto, likewise and as freely as any other captain did or might have done by virtue of the said charge and office, wherefore we charge straightly and command you, the said lords of our council and session, that you grant and direct our other letters at the instance of our said captain for answering and obeying him of the said rents and money aforesaid of this instant year and yearly hereafter enduring his said charge in the appropriate form, given under our privy seal at Linlithgow on 24 December 1585, and of our reign the 19th year.
[1585/12/55]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates convened in this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the gift and commission made by his highness by his letter under the privy seal to Sir James Home of Cowdenknowes, knight, of the captainship of the castle of Edinburgh, artillery, ammunition and of the sceptre, sword and crown according to the same gift, of the which the tenor follows:
James, by the grace of God, king of Scots, to the lords of our council and session and all others, our lords of our exchequer, all and sundry the ordinary gunners and other officers restricted to make residence within our castle underwritten or having any charge therein, lieges and subjects whom it concerns, whose knowledge these our letters shall come, greeting. Know you us to have made, constituted and ordained and, by these our letters, make, constitute and ordain our well beloved Sir James Home of Cowdenknowes, knight, captain and keeper of our castle of Edinburgh and of all our artillery and ammunition being therein, as also of our sceptre, sword and crown for all the days of the said Sir James's lifetime, and for keeping and custody of our said castle and sustaining of the officers and servants necessary therefore, have given, granted, assigned and conveyed and [by]† these our letters, give, grant, assign and convey to him during the space aforesaid the sum of £800 money, to be paid monthly by equal portions out of the readiest of our great customs of the tron of our burgh of Edinburgh by our customs officer thereof, present and being for the time; and also the victual underwritten of the readiest and first of the surplus of the thirds of benefices after-specified: that is to say, the whole third of wheat of the archbishopric of St Andrews, seven chalders, two bolls, three firlots, one peck; the rest of the third of the wheat of the abbey of Scone, three bolls; the whole third of the wheat of the Charterhouse, two chalders, five bolls, three parts boll; the whole wheat of the third of Lindores, three chalders, four bolls, three firlots, three pecks; the whole third of the wheat of the kirk of Monifieth, one chalder, five bolls, three parts boll; out of the third of the barley of the archbishopric of St Andrews, eight chalders, five bolls, three parts peck; out of the third of the barley of the abbey of Scone, one chalder, two bolls, one firlot, two parts peck; out of the third of the barley of the priory of Charters, three chalders, three bolls, two pecks, three parts peck; out of the third of the barley of the abbey of Lindores, six chalders, nine bolls, one firlot; out of the third of the barley of the abbey of Arbroath, one chalder, nine bolls, three firlots, three parts peck; out of the third of the barley of the bishopric of Dunkeld, four chalders, thirteen bolls, three parts boll; the third of the meal of the archbishopric of St Andrews, four bolls; out of the third of the meal of the abbey of Scone, eleven bolls, one firlot; the whole third of the meal of the priory of Charterhouse, two parts boll; out of the third of the meal of the abbey of Lindores, four chalders, eleven bolls, three firlots, two parts peck; out of the third of the meal of the bishopric of Dunkeld, four chalders; the third of the peas and beans of the archbishopric of St Andrews, one boll, three parts boll; beginning the first month's payment of the said month on 30 November 1585 and the first payment of the said victual at the time of payment used and wont of this crop and year of God 1585, and so forth yearly and monthly as is above-written during the said Sir James's lifetime; with power to him, by himself, constable and officers, which we give him power to make and for whom he shall be held to answer for, to use and exercise the said office of captainship of our said castle with all rights, profits and commodities belonging thereto, likewise and as freely as any other captains had or possessed the same of before. Wherefore we charge straightly and command you, all and sundry the ordinary gunners and other officers restricted to make residence within our said castle, or having any charge therein, that you readily answer, intend and obey to our said captain as you and every one of you will answer to us, upon your obedience, at your uttermost charge and peril; commanding also you, the lords of our council, session and exchequer, that you grant and direct our other letters for answering and obeying of our said captain, his factors and servants in his name, of the whole assignations of money and victual above-specified within ten days after the charge, the terms or any time of payment being bygone, likewise as is used and ought to be given and granted for payment of our property. Moreover we, by the tenor of these our letters, revoke all gifts and dispositions made of the money and victuals written before, given and assigned for furnishing and sustenance of our said castle, and whereof the same has been in possession this time bygone, willing our said captain to be answered, obeyed and paid thereof in time coming and no others according to the effect and meaning of our act of parliament made thereupon, as if no manner of dispositions had been made or given of the same; ordaining this our present commission, gift and assignation to be ratified, approved and confirmed in our next parliament; given under our privy seal at Linlithgow, on 15 November 1585 and of our reign the19th year.
[1585/12/56]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates of this present parliament, ratifies and approves the gift made to Sir William Stewart of Caverston, knight, concerning custody and keeping of the castle of Dumbarton during the time of the said Sir William's captainship, whereof the tenor follows:
James, by the grace of God, king of Scots, to the lords of our council and session and all others our subjects and lieges whom it concerns, whose knowledge these our letters shall come, greeting. Know you us, having perfect knowledge by good proof and experience that our castle of Dumbarton, being committed to the charge and custody of Sir William Stewart of Caverston, knight, has been faithfully, surely and diligently kept by him and that he has done true and thankful service and duty to his majesty in keeping thereof since the first committing of the custody of the same to his charge, without any reproach or offence to be laid to his charge in any way thereupon, and also his highness and the said lords of his privy council acknowledge and confess that John [Hamilton], lord Hamilton, in our name and by our warrant, has received from the said Sir William our said castle and all and sundry ammunition and other things whatsoever received by him therein at the first receiving thereof or thereafter in his time in any way pertaining to us, therefore, we and the said lords of our privy council, by the tenor hereof, exonerate, indemnify and discharge the said Sir William, for himself, his deputes, servants, heirs, executors and assignees, of their intromission with our said castle, ammunition and other things whatsoever received by him in times past before the date hereof; and likewise we and the lords of our secret council, by the tenor hereof, declare that the said Sir William, nor none of his servants and officers in our said castle, have committed any crime or offence whatsoever that in any way may be laid to their or any of their charges for neglecting of their office and duty in keeping of our said castle, ammunition, service, prisoners and other things whatsoever committed to his keeping therein, or for not fulfilling of any charges or command given to him or any of his aforesaid by us or any other having our power in time bygone and therefore we, [with]† advice aforesaid, indemnify and discharge the said Sir William and his aforesaids thereof, and shall never move, claim or pursue action or cause against him or any of his therefore in time coming, but renounce for us and our successors all instance and action that had, has or may have against him or any of his for the same for now and ever, and take them in his majesty's firm peace, supply, maintenance, defence and safeguard in bodies, lands, possessions and goods by this act. Moreover, we, perfectly understanding of the long faithful service done to his highness and his late dearest father by the said Sir William, not only in keeping of our said castle since his entry to the charge thereof, having bestowed upon the building and reparation of the walls and houses of the same castle and ordinance within the same, and for certain other necessary occasions known to us, both his own proper money and that which he procured on his credit and took on his lands, being driven through that in great debt, and now wanting the commodity of his own living, thralled by occasions aforesaid, and that which was given him for a reward being restored to the ancient possessor, now received to our favour and obedience, and so now wanting in effect reward or recompense according to his true and honest deserving after so long time spent; therefore, we, in no way willing that he shall be utterly unprovided for at this present until better occasion serve to reward him, neither yet that he shall want help and means to relieve him of his debts contracted in our name and service, and through occasion thereof have provided him to a yearly pension out of the thirds of benefices until he may be provided otherwise and be rewarded by the first casualties that shall happen to become vacant that may be a sufficient and condign recompense for the same; as also will and declare that the said Sir William, his heirs and assignees shall possess and enjoy the right and possession made to him by his late dearest cousin Esme [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton, Dalkeith and d'Aubigny, of such lands, teinds and possessions whereof he had title and became in possession in his life, by virtue of our sovereign lord's infeftments or gifts as fallen in escheat by himself or the said Sir William in his name, which rights, titles and possessions we will and grant and, for us and our successors, decree and declare to stand in effect and to be viable and sufficient titles for possessing of the same lands, teinds and possessions as they were possessed by their authors, from whom their rights and possessions proceeded to the said late duke and the said Sir William and their heirs and assignees and in no way to be impugned or complained of during the minority and less age of [Ludovic]† [Stewart], now duke of Lennox, notwithstanding any our revocations, restitutions and rehabilitations granted or to be granted by us to whatsoever person or persons of the said lands, teinds and possessions or any part thereof, out of the which we declare the lands, teinds and possessions conveyed to the said late Duke of Lennox, notwithstanding any our revocations, restitutions and rehabilitations granted and to be granted by us to whatsoever person or persons of the said lands, teinds and possessions or any part thereof, out of the which we declare the lands, teinds and possessions conveyed to the said late Duke of Lennox, and by him to the said Sir William, whereof he becomes in possession, as said is, to be specially excepted and reserved, declaring all feus, tacks or other pretended titles and dispositions whatsoever made or to be made that may appear contrary or prejudicial to the same to be null, invalid and ineffectual, wherever they be produced in judgement or outwith, discharging [John Graham, earl of Montrose], his highness's treasurer and his depute, present and to come, of all granting or passing of confirmation upon any tacks, feus or rentals made or to be made upon the lands, teinds or possessions to the hinder or prejudice of the said Ludovic, now duke of Lennox, or the said Sir William; which letter we will and ordain to be ratified and approved in our next parliament; given under our privy seal at Linlithgow, on 25 November 1585 and of our reign the 19th year.
[1585/12/57]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of parliament, understanding that Patrick, lord Glamis is enormously and heavily hurt by the decreet reductive given against him before the lords of council at the instance of Master David Carnegie of Colluthie, Elizabeth and Margaret Carnegie, his daughters, reducing and retreating another decreet given by the said lords at the instance of the late John [Lyon], lord Glamis, his grandfather, against the late Elizabeth Ramsay, daughter and heir to the late Henry Ramsay of Colluthie, for molestation of the said late John, lord Glamis, in his fishings called the Puill Know and John Sands, otherwise called Fodderis, and Thanwell or Tentsmuir, and by the whole last processes of reduction whereupon the said last decreet proceeded, which decreet and processes being given and led in a factious time, the said Patrick, lord Glamis, being pupil, and Thomas [Lyon], master of Glamis, his tutor, being out of the realm and otherwise not being able to compear a long time for the leading of the said process; therefore, our sovereign lord and three estates aforesaid reduce and rescind the said last decreet reductive and whole process whereupon the same proceeded and reinstate and restore the said Patrick, lord Glamis, and his said tutor in its entirety to the same place and estate wherein they were before the raising of the summons, whereupon the said last decreet proceeded, providing always that the said Lord Glamis and his said tutor for his interest prove the narrative of this act before the judge competent according to the law; and immediately thereafter Master John Russell, procurator for Master David Carnegie of Colluthie, compeared personally in presence of the king's majesty and three estates in parliament, and protested that this act in no way hurt nor prejudice the said Master David, in respect the said lord and his tutor for his interest compeared and made defence in the said matter as he shall verify before the judge competent, and thereupon asked instruments.
[1585/12/58]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament will and grant and, for his highness and successors, perpetually decree and ordain that Thomas, master of Glamis, is and shall be specially contained and comprehended in the general act of restitution presently made, and that all and whatsoever clauses, heads, points and articles thereof shall be extended in favour of him, his heirs, successors and posterity and shall be to them as sufficient in all respects for the surety of them, their lands, life and goods as if he were specially nominated therein, or as if the whole heads, points and articles of the said general restitution and abolition were specially herein expressed. And further, our sovereign lord, in presence of his highness's estates of parliament, has made plain declaration that whatever lately fell out by any enterprise of the said Master Thomas, that was only by occasion of particular dissention between him and some others of his highness's lieges, which his highness knows perfectly never to have tended either to the danger of his highness's most noble person nor yet to the impairing of his honour and estate, whereof his highness, by his dutiful behaviour, has had such good proof as he has found the said Master Thomas ever to have been and to be his faithful and true subject.
[1585/12/59]*[print] [email] [cite] [preceding] [following]
[...]†
[1585/12/60]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that by his highness's acts, made by the advice of the three estates in this present parliament, they have abolished their remembrance past of whatsoever offences done by his highness's nobility and especially by John, earl of Mar and master of Glamis, their kin, friends and servants heretofore, and to restore and repossess them in their lands, livings, rooms and possessions, from the which they have been debarred and dispossessed by occasion of civil troubles within this realm since our said sovereign lord's coronation, and seeing there has been great number of the said Earl of Mar's dependants and friends who last after their exile and banishment were challenged and pursued most rigorously for joining and assisting with them in their common enterprises, whereof some being put to the trial of an assize, some imprisoned and others ejected out of their kindly rooms and possessions for their service, were induced of very necessity to renounce and give over their lands, rooms and possessions to such as were their greatest enemies and procured them to be pursued of their lives, to the effect they might obtain their livings; and because many have been induced upon the apparent peril of their lives to convey their rooms and possessions and to renounce their heritable rights and titles to such as now possesses them, and that upon titles onerous and sums of money although there was no sum disbursed nor paid for that, but gentlemen constrained up confess the same to strength their security, therefore, our said sovereign lord, with advice of the three estates of this present parliament, statutes and ordains that all and whatsoever persons that have been challenged and pursued for the service of the said earl and master of Glamis to be reinstated, restored and reintegrated and, by the tenor hereof, reinstates, restores and reintegrates them and each one of them in the same right and title they had to their livings before the said earl and lords departing out of this realm, notwithstanding of whatsoever transactions and appointments they were forced to make to their great hurt for necessity of the time, providing always that they shall be held to disburse and redeliver before they obtain the possession [of]† such sums of money as they have received, or as may be proven numerated by the donators of them living or any others, obtainers of the same; and also providing that this present act and ordinance in no way be prejudicial to William Keith, servant to the king's majesty, nor to Matthew Stewart of Minto, knight, concerning their rights of the lands and heritages pertaining to William Cunningham, son to the laird of Drumquhassle.
[1585/12/61]*[print] [email] [cite] [preceding] [following]
†The king's majesty, with advice of his estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms his other letters of rehabilitation given and granted under his great seal to his well beloved Gavin Hamilton of Raploch, by the which his highness, with advice of the lords of secret council, received the said Gavin to his favour, mercy and grace, notwithstanding the sentence of forfeiture given against him upon the [...] day of [...] 1579, and fully restored the said Gavin in its entirety to his life, liberty, fame, honour, lands, heritages, rooms, possessions, likewise, as freely and in the same estate as he was before the giving of the said sentence of forfeiture, as the same letters of the date of 11 January 1582 [1583] at more length contains. And further, his highness, upon sure knowledge and perfect knowledge and trial taken that the said Gavin at the time of the committing of the crimes contained in the said process of forfeiture was a servant and dependant to others and not a deviser nor inventor of such attempts as were committed and fell out by occasion of the enterprises against his highness's authority after his highness's coronation, which whole attempts and rebellions, for the good of his highness, the quietness of his subjects and universal obedience of his lieges, were abolished by the pacification concluded at Perth on 23 February 1573 and ratified and approved by his highness and the three estates in the parliament held at Edinburgh in April 1573, in the which pacification the said Gavin was specially comprehended; and his majesty surely having knowledge, proof and experience of the said Gavin's earnest affection to abide, remain and stand in his highness's good grace and favour, as has been notified to his majesty by [Elizabeth I], his dearest sister and cousin, the queen of England, being by her recommended to his highness's clemency, his majesty being also well remembered that in certain chief matters which followed upon the said troubles it was thought suitable and expedient by a special article of the said general pacification that his said dearest sister and cousin's advice should be followed; his majesty, therefore, by the tenor of the said letter, has of new ratified and approved and, by the tenor hereof, ratifies and approves the benefit of the said pacification granted to the said Gavin and wills and grants that the same shall be and is extended to all crimes and offences specified in the said late process of forfeiture led against him, with all that has followed or that may follow thereupon. And likewise his majesty, of his special grace, clemency and favour, has rehabilitated, restored and reintegrated and, by the tenor of the said letter, rehabilitates, restores and reintegrates the said Gavin to his good fame, honours, offices, privileges and dignities of the which he was prejudiced and deprived by the said forfeiture and tacks, receives and reintegrates him to his highness's mercy and grace against the said sentence, crimes and offences contained therein, renouncing the same for his highness and his successors in favour of the said Gavin, his heirs and successors. And moreover, his highness reintegrates and restores the said Gavin in and to all and sundry his lands, tacks, steadings, rooms, possessions, castles, towers, fortalices, woods, mills, fishings, tenants, tenantries, service of free tenants, advocation and right of patronage of benefices, teind sheaves, pensions, tacks, assedations, rooms, possessions, castles, towers, fortalices, woods, mills, fishings, acts, contracts, obligations, debts, rentals, goods and gear, moveable and unmoveable whatsoever, which pertained to the said Gavin before the said sentence of forfeiture led against him. And also his highness decrees and declares the said Gavin able, worthy and capable to receive, enjoy, possess and use whatsoever honours, offices and dignities in judgement and outwith in all time coming, likewise and as freely in all respects and conditions as if the said sentence of forfeiture had never been given. As also his highness ratifies and approves all and sundry alienations and dispositions made by the said Gavin to whatsoever persons of whatsoever his lands, rooms, tacks, steadings and possessions, and wills and grants that this his ratification and present approbation shall be as sufficient in all respects to the said receivers of the said alienations and dispositions as if the same had been confirmed immediately after the making thereof, and as if the said sentence never had been given against the said Gavin. And moreover, our said sovereign lord wills and grants that it shall be lawful to the said Gavin presently to enter to his whole lands, rooms and possessions which were possessed by him before the said sentence and forfeiture, requiring the lords of his highness's council and session to grant letters in competent form to that effect, as also to all his houses and fortalices against whatsoever detainers or possessors of the same, and in like manner to the effect this act may take full effect, for the good and utility of the said Gavin and his heirs, his highness, with advice aforesaid, has abrogated and annulled and, by the tenor of the said letter, abrogates and annuls all and sundry infeftments, titles and rights made by his highness or whatsoever other person of the said Gavin's lands, livings, heritage, rooms, pensions or possessions whatsoever; and discharges him and Jean Dishington, his spouse, their heirs, of all payment of any sums of money promised by them to any person or persons for their restitution to the same lands and others aforesaid, or any other part thereof simply in time coming. And further, to the effect aforesaid, his majesty has discharged and, by the tenor of the said letter, discharges all and whatsoever letters of factory of the same granted to whatsoever person or persons at any time preceding the date hereof, and declares, decrees and ordains the same and effect thereof shall cease for ever, and that notwithstanding whatsoever acts of parliament, secret council or others if any be which may be extended or interpreted in prejudice of this act, with the which his highness has dispensed and, by the tenor hereof, dispenses forever by this act. And for the greater security of the said Gavin, his heirs and successors, his highness promises faithfully in the word of a king to ratify the premises in the parliament which it shall happen his majesty to hold after his perfect age, and shall make full surety to the said Gavin, his heirs and successors of the said lands and living, with supplement of all defections as he shall be required. Also, our said sovereign lord, with advice of his three estates, decrees and declares that the infeftments granted to John [Hamilton], archbishop of St Andrews, abbot of Paisley, to Gavin [Hamilton], commendator of Kilwinning, in life rent, and to the said Gavin Hamilton of Raploch heritably, and our said sovereign's confirmation passed thereupon, of all and whole the four pound land of Barns, eleven pound, ten shilling land of Kilbowie Easter and Wester, lying within the sheriffdom of Dunbarton, and five merk land of Granis, lying within the barony of Renfrew and regality of Paisley, shall be for ever in all respects sufficient to the said Gavin and his heirs heritable for the payment of the feu duty contained therein, notwithstanding any diminution of the rental proposed or to be proposed against the same. And also our said sovereign, with advice aforesaid, decrees and declares that it shall be lawful to the said Gavin Hamilton to ask, crave, receive, intromit and take up all and sundry the mails, ferms, profits, kanes, customs, teinds, pensions, emoluments, and duties of whatsoever lands, rooms and possessions pertaining to him of all years and terms bygone resting to him, and to raise, use and execute letters and execution against the persons indebted in payment of the same.
[1585/12/62]*[print] [email] [cite] [preceding] [following]
†Forasmuch as concerning the supplication presented to the king's grace and lords of articles by John, lord Hamilton and Claud, commendator of Paisley, bearing that they presented of before another supplication, humbly craving that as it has been our said sovereign lord's majesty's good pleasure to grant a general restitution to his highness's whole nobility and subjects that have been grieved by occasion of civil troubles within this realm from his highness's coronation, and to redress such losses as they have suffered by the injury of the time; and that our said sovereign lord would vouchsafe amongst the great and common benefits imparted to them to appoint to the said John and Claud some recourse and remedy for the recovery and repetition of such sums of money as have been disbursed to [James Stewart, earl of Arran],† his highness's chancellor, by their special friends, as cautioners for them, that the said John and Claud should abide at the king's majesty's obedience according to the articles of pacification. And although it was supposed by the said chancellor, as donator to this penalty, that by the residence of certain of the said John's and Claud's friends within the house of Hamilton after their escaping out of the country, that they had contravened their bonds and obligations of their sureties and that the said cautioners had incurred the pains contained in the act by the said John's and Claud's contravention, which house was kept without any warrant of them, and that they departed out of the country for safety of their lives, of intention to die and leave the king's majesty's trusty and obedient subjects, likewise it has pleased the king's majesty now to acknowledge them for the same and to rescind the forfeiture so disorderly deduced against them, whereby the contravention was verified in prejudice of their cautioners and was the cause they were decreed in that penalty; and seeing our said sovereign lord has dealt so graciously with the said persons in all respects, and chiefly that it has pleased his highness to abolish the remembrance of that forfeiture and offence whereupon the said John's and Claud's cautioners and sureties were judged in that penalty, and seeing the said cautioners have good action and recourse of the law to pursue the said lords and commendator for the recovery of such sums as they have paid and delivered to the said chancellor, and that it is our said sovereign lord's intention that they shall sustain no loss, damage, injury nor harm for any deeds or occasions preceding this present parliament, therefore our said sovereign lord, with advice of his said three estates presently convened, decrees and declares that the said John, lord Hamilton, and Claud, commendator of Paisley, shall have good interest, right and action to convene, call and pursue the said late chancellor, his heirs, bairns, successors and assignees whatsoever, to any of his lands, conquests or living, and to recover and repay out of their hands such sums of money as he received from the said cautioners and whereupon he has delivered particular acquittances; and likewise declares the gift of the said penalty, in as much as is not taken up thereof, and all and whatsoever bonds and obligations made by any of the said sureties or any others in their names to whatsoever person or persons for payment of any part of the said sum and penalty, to be null, retreated, rescinded, and presently declares the same to be null and retreats and rescinds the same and to give no right nor action to the donator to pursue for that in any time hereafter, providing always that our said sovereign lord have the prerogative against the said earl and his aforesaids concerning the repetition of his jewels intromitted with by him, which, being recovered and he satisfied on his treasurer or others having his majesty's power thereof, then and thereafter this present act to have full strength and effect as is above-written at the instance of the said lords and commendator against the said chancellor and his aforesaids in manner and form as is above-rehearsed.
[1585/12/63]*[print] [email] [cite] [preceding] [following]
†The king's majesty, with advice of the three estates and whole lords of this present parliament, ordains the like favour, grace and privilege to be granted to George Carruthers of Holmains, John Carruthers of Harkwood, his son, Simon Carruthers of Rammelskellis, their kin, friends, servants, dependants and partakers, as was granted and concluded at the burgh of Perth in the month of [...] 1572 in the pacification made and concluded at the time aforesaid, as if they or either of them were specially comprehended therein; as also that the whole laws, constitutions and securities granted in this present parliament in favour of John [Hamilton], lord Hamilton and his colleagues, with the general abolition comprehended therein, shall be extended to have place in persons of the said George and others aforesaid, with all clauses, articles and conditions contained therein, to be as largely interpreted for their better security and in their favour as if they, or either of them, were expressly nominated and contained therein, so that they may freely use, enjoy and possess their lands, rooms, offices, possessions and dignities, notwithstanding whatsoever forfeitures led or deduced against them, or either of them, for whatsoever crimes or offences, and as the same never had been criminal, remitting freely the rancour of his highness's mind and discharging expressly all action, civil or criminal, that may be moved for any of the said crimes or others that may result thereupon to be intended by his highness or his advocates or parties whatsoever propounding interest, so that the same shall never be imputed to them by his highness or his successors in time coming of whatsoever nature or condition the same be committed and done at any time since his majesty's coronation. And further, for their better security and for establishing of a perfect peace in time coming, so that his highness's whole subjects may be reduced to his perfect obedience, and that the memory of whatsoever deeds or facts committed heretofore shall never be renewed by any of the said subjects, but extinct and buried in perpetual oblivion in all times hereafter, his majesty, with advice aforesaid, imposes perpetual silence to all and whatsoever the said parties to renew the memories of the said facts, discharging all action, civil or criminal, that may be moved or intended thereupon, and that the contraveners thereof shall be held and reputed as perturbers of the common peace; and this to be extended in most ample form.
[1585/12/64]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice and consent of his three estates of parliament, has ratified, approved and confirmed and, for his highness and his successors, by the tenor hereof, ratifies, approves and confirms the charter and infeftment made and granted by his highness under his great seal to his right trusty cousin Francis, earl of Bothwell and his male heirs lawfully to be procreated of his body, which failing, to return to his highness and his successors, of all and sundry lordships, baronies, lands, offices and others underwritten: they are to say, all and whole the lordship and barony of Hailes, with the castle, tower and fortalice thereof and with all towns, parts, dependants, pendicles, annexes, connexes, outsets, mills, tenants, tenantries, service of free tenants and their pertinents, together with advocation, donation and right of patronage of the kirk of Hauch, called the prebendary of Linton and chaplainry of Markle; the lands of Pitcocks, with the kirk and prebendary of the same and chaplainry of the same called Burnhouse; the lands and baronies of Oldhamstocks, with towns, parts, dependants, connexes, annexes, outsets, mills, tenants, tenantries, service of tenants thereof and their pertinents, together with the kirk of Oldhamstocks, chaplainry of Cockburnspath and hospital of the same; the lands of Eastcraig; the lands of Hoprick; all and whole the lands and barony of Morham, with tower, fortalice, mills, tenants, tenantries, towns, parts, dependants, annexes, connexes, pendicles, outsets and their pertinents, together with the kirk thereof, lying within the sheriffdom of Edinburgh and constabulary of Haddington; all and whole the lands and lordships of Crichton, with castle and manor place thereof, and with all and sundry towns, parts, dependants, pendicles, annexes, connexes, outsets, mills, woods, tenants, tenantries, service of free tenants and their pertinents, together with advocation, donation and right of patronage of the provostry of Crichton, prebendaries and chaplainries of the same whatsoever; the lands of Muirhouse and Caprestoun, with the pertinents thereof, lying within the sheriffdom of Edinburgh principal, and also of the office of sheriffship of Edinburgh principal and Edinburgh within the constabulary of Haddington, with all and sundry rights, duties, liberties, immunities and privileges pertaining to the said office and belonging thereto; all and whole the lands and barony of Whitsome, with the kirk thereof, the lands of Prenderguest, Whiterig, Hobchester, Sherrifbigging, Sherifflands and with all towns, lands, parts, dependants, pendicles, annexes, connexes, outsets, mills, multures, tenants, tenantries, service of free tenants thereof and their pertinents, lying within the sheriffdom of Berwick, and also of the office of sheriffship of the whole sheriffdom of Berwick and bailiary of Lauderdale, with all rights, profits, duties, fees and privileges used and wont or that pertains or may pertain thereto; and all and whole the lands and barony of Town Yetholm, with towns, parts, dependancies, pendicles, annexes, connexes, outsets, mills, tenants, tenantries and service of free tenants of the same and their pertinents; the lands of Fermington, with the hospital thereof, tenants, tenantries, service of free tenants of the same; the lands of Longnewton, with tower, mill, tenants, tenantries, service of free tenants thereof and their pertinents; the lands and barony of Weltoun, with the kirk of the same and all towns, parts, dependancies, pendicles, pertinents, annexes, connexes, outsets, mills, tenants, tenantries and service of free tenants of the same and their pertinents; the lands and barony of Chalmerlanenewtoun, with towns, parts, dependancies, pendicles, annexes, connexes, outsets, mills, tenants, tenantries, service of free tenants thereof and their pertinents, lying within the sheriffdom of Roxburgh; the lands of Teindside, Harwood, Slaidhill, Carlingpule, lying within the said sheriffdom of Roxburgh; the lands of Alemoor, with tower, mill with tenants, tenantries, service of free tenants thereof, with their pertinents, lying within the sheriffdom of Selkirk; all and whole the lands and barony of Dryfesdale and Carruthers, together with advocation, donation of the kirk of Carruthers, tenants, tenantries, service of free tenants thereof and their pertinents, lying within the stewartry of Annandale and within the sheriffdom of Dumfries; all and whole the lands and barony of Kirkmichael, with towns, parts, pendicles, pertinents, dependants, annexes, connexes, outsets, mills, tenants, tenantries, service of free tenants thereof and their pertinents; the lands of Terraughtie, with tower and fortalice thereof, Drumlark, Mabie and Crooks and their pertinents, with woods, tenants, tenantries and service of free tenants thereof, lying within the said sheriffdom of Dumfries; all and whole the lands and barony of Earlstoun, called Glenkens, with towns, annexes, connexes, parts, pendicles, dependants, outsets, mills, tenants, tenantries, service of free tenants thereof and their pertinents, together with advocation and donation of the kirk of Dalry, lying within the stewartry of Kirkcudbright; all and whole the lands and lordship of Bothwell, with the forest, muir and pertinents thereof, and with tenants, tenantries, service of free tenants, advocation, donation and right of patronage of the provostry of Bothwell, prebendaries and chaplainries of the same, and of the kirk of Hawick and prebendaries in the said college, and of the kirk of Barthramshots, lying within the sheriffdom of Lanark; all and whole the lands and baronies of Elsrickle, Walston and Dolphinton, with advocation, donation of kirks and chaplainries of Walston and Dolphinton; all and whole the lands and barony of Dunsyre, with towns, parts, pendicles, dependants, annexes, connexes, outsets, mills, tenants, tenantries and service of free tenants of the said lands and baronies and their pertinents, lying within the said sheriffdom of Lanark, with all and sundry annexes, connexes, dependancies, parts, pendicles, mills, multures, woods, forests, fishings, tenants, tenantries, free service of tenants, castles, towers, fortalices, manor places, orchards, yards, advocation, donation and right of patronages of benefices, kirks and chaplainries of all and sundry lands, lordships and baronies particularly above-written and their pertinents; and also of the office of sheriffship of this realm within all the bounds of the same, with all and sundry liberties, profits, duties, casualties and escheats thereof used and wont and pertaining or that are known to pertain thereto, as in the said charter and infeftment under the great seal granted [by]† our sovereign lord to the said Francis, earl of Bothwell thereupon of the date of 16 June 1581 at length is contained, in all points, clauses and articles, circumstances and conditions specified therein after the tenor thereof; and wills and expressly declares that the said charter and infeftment or any part thereof be no way subjected to any revocation or revocations to be made by his highness in any time hereafter, but that the same infeftment and charter in all points and clauses thereof shall remain effectual and be sufficient security to the said Francis, earl of Bothwell and his heirs above-written whatsoever, notwithstanding any of the said revocations, and also notwithstanding whatsoever infeftment or infeftments, gifts or rights made and granted by our sovereign lord to whatsoever other person of the said lands, rooms, towns, lordships, barons, kirks, benefices, castles, towers, fortalices, mills, fishings, woods, offices, privileges and others above-specified particularly mentioned in the said infeftment or any part of the same at any time since the forfeiture of the late James, earl of Bothwell, to the which infeftments, rights and gifts and every one of them our sovereign lord, with advice and consent aforesaid, wills, declares, decrees and ordains this act to make express and special derogation; and likewise our sovereign lord, with advice and consent of the said three estates of parliament, has ratified, approved and confirmed and, by this act, ratifies, approves and confirms the letter, gift and assignation made and granted by our sovereign lord, with advice of the late James [Stewart], earl of Moray, lord Abernethy, his highness's regent for the time, to the said Francis, earl of Bothwell, of all and sundry reversions made and granted to whatsoever person or persons, to the late Patrick [Hepburn], earl of Bothwell, the said late James [Hepburn], sometime earl of Bothwell, or any of their predecessors, for redemption of any of the lands, towns, lordships, baronies, woods, mills, fishings and others above-specified or of any part thereof, as in the letter of gift and assignation under the privy seal of the date the [...] day of [...] 15[...] granted to the said Francis, earl of Bothwell thereupon is contained and right of redemption specified therein in all points, after the tenor thereof, so that the same assignation shall be sufficient to the said Francis, earl of Bothwell, for redemption of the said lands, lordships, baronies and others aforesaid, after the form and tenor of the said reversions. Likewise our said sovereign lord, with advice and consent aforesaid, by this act, of new makes, constitutes and ordains the said Francis, earl of Bothwell and his male heirs above-written, his highness's very lawful, undoubted and irrevocable cessioners and assignees in and to the said reversions and every one of them and right of redemption contained therein, with power to the said earl and his aforesaids to redeem the said lands, mills, fishings and others specified in the said reversions and to use and convey thereupon, likewise and as freely in all respects as the said late Patrick, earl of Bothwell, the said late James, earl of Bothwell, or any of their predecessors at any time in their lifetime might have redeemed, used and conveyed the same; and ordains a new letter of assignation, clauses and whole contents containing of the said former assignation to be made to the said Francis, earl of Bothwell and his aforesaids thereupon, ordaining this present act of parliament, subscribed by [Alexander Hay of Easter Kennet], clerk register, to be a sufficient and immediate warrant to the said privy seal and to be extended in the best form, with all clauses needful.
[1585/12/65]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented to our sovereign lord and three estates of this present parliament by Andrew Wood of Largo, his majesty's comptroller, making mention that where by virtue of contract and appointment made at Edinburgh on 10 November 1584 between his highness, John Fenton, steward of the abbey of Dunfermline for the time, and William [Stewart], commendator of Pittenweem, whose advice was appointed to be given to the said John in using the said office, on the one part, and the said Andrew Wood on the other part, he renounced, at his highness's desire, the tack and assedation set by his majesty to the [said]† Andrew of the feu ferms and other duties indebted out of the barony of Largo of before, in recompense whereof, his majesty, then having the said abbacy of Dunfermline and fruits thereof in his own hands, set, with advice of the said steward, to the said Andrew Wood, his heirs and assignees specified therein, all and sundry the mails, ferms, kanes, customs, profits and duties of the lordship and barony of Newbarnshire, with the teind sheaves and other teinds, fruits and rents, both parsonage and vicarage, of the parish and kirk thereof, lying within the sheriffdom of Fife, sometime being a part of the patrimony and property of the said abbacy of Dunfermline, for all the days of his lifetime, and after his decease, for the lifetime of his nearest and lawful heir, and after the decease of the said heir, to his heirs and assignees for the space of 19 years, with diverse and sundry conditions and provisions contained therein, as in the same contract of the date aforesaid at more length is contained; as also his majesty since by contract made at Dunfermline on 16 June 1585, with advice of the lords of secret council, collector general and steward of Dunfermline on the one part, and the said Andrew Wood on the other part, passed the same contract in the form, effect and conditions as is contained in the other contract aforesaid in all points, as in the same of the date aforesaid likewise at more length is contained. And now true it is that the said Andrew Wood has obtained a new tack and assedation to him, his heirs and assignees in manner above-specified of Patrick [Gray], master of Gray, commendator of the said abbey and convent thereof, of all and sundry the said mails, ferms and duties of the said lordship and barony of Newbarnshire, with the teind sheaves and others teinds and fruits of the kirk and parish thereof, as in the same, ratifying and approving the whole former tacks, rights and titles set by our said sovereign lord to the said comptroller thereof, and all conditions and provisions therein contained, of the date the 30 October 1585 likewise at more length is contained, wherefore it is necessary and expedient for his better security that the said contracts and tacks made to the said Andrew thereupon be ratified and approved in this present parliament; which supplication being at length read and advised by his majesty and estates aforesaid, our said sovereign lord and three estates of this present parliament ratify, approve and confirm the aforesaid contracts and tack respectively, whole articles, clauses, and conditions contained therein, after the form and tenor thereof in all points.
[1585/12/66]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, for the good, true and thankful service done to his highness by his right trusty cousin and councillor, George, earl of Huntly, lord Gordon and Badenoch, his highness's lieutenant in the north parts of this realm, with advice of his three estates convened in this present parliament, ratifies, approves and, for his highness and his successors, confirms the commission of lieutenancy and justiciary given and granted by his highness to the said earl; and wills and ordains the same commission to stand and continue in full force and effect, unrevoked or discharged in any sort, during the space of a year coming after the date hereof, and further enduring our sovereign lord's will and until the same be especially discharged by his majesty by advice of his three estates in parliament.
[1585/12/67]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves and, for him and his successors, perpetually confirms the letter of tack and assedation set by our said sovereign lord, with advice of the lords of council, to John and James Meldrum, sons lawful to James Seggie of Meldrum, younger, of all and whole the victual underwritten, assumed out of the places after-specified during the space of their lifetimes, of the which letter of tack the tenor follows:
James, by the grace of God, king of Scots, to the lords of our council, session and exchequer, know you us, understanding the good, true and acceptable service done to us by our trusty and well beloved councillor James Meldrum of Seggie, younger, in times past, and willing to recompense the same in the person of his two sons, James and John Meldrum, for their subsistence at the schools, no occasion being offered to have recompensed their said father otherwise according to our good will borne to him and his demerits in waiting upon our service hitherto, as we are always reminded, whereas the same shall offer the self, therefore setting and for mail letting to James and John Meldrum, sons lawful to the said James Meldrum of Seggie, all and whole the victual assumed out of the places underwritten during the space of their lifetimes, and the one surviving the other, the defunct's part after his decease to accrue to the other being in life, their entry thereto to be and begin at the instant crop and year of God 1585: that is to say, three chalders of barley, nine bolls of meal, seven bolls of wheat, out of the surplus of Haddington assumed upon the kirk of Crail; six chalders of oats out of the surplus of the bishopric of St Andrews, five chalders and six bolls thereof assumed upon Byrehill, and thirteen bolls upon Kilrenny; four chalders of barley out of the surplus of Dunkeld assumed upon the kirk of Cargill; which victual pertained and was conveyed of before to the said James Meldrum of Seggie and now pertains to our sovereign lord and at our disposition by the simple demission made of the title and right thereof in favour of the said John and James Meldrum, his sons aforesaid, with power to them, their factors and servants in their names, to intromit with and take up the said victual and convey thereupon at their pleasure, and, if need be, to call and pursue for that according to the law, with all and sundry commodities, freedoms, etc., freely, quietly, etc., without any revocation; paying therefore yearly the said James and John the sum of £40 to our collector general, present and for the time, at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions; commanding you, the lords of our council, session and exchequer, to grant and direct such letters for answering and obeying of them of the said victual during the space aforesaid as their said father had of before by virtue of his said gift, discharging also our collector general, present and to come, and his deputes, of all intromission therewith during the space above-specified; given under our privy seal at Stirling on 14 September 1585 and of our reign the 19th year; and decree and declare the said letter of tack and assedation to have full strength, force and effect in all time coming, during the years and terms contained therein, so that the said John and James Meldrum may peaceably possess and enjoy the commodities, profits and duties contained in the said tack during the space specified therein without any impediment.
[1585/12/68]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented by Alexander Wood, son lawful to James Wood of Lambieletham, making mention that where it has pleased our sovereign lord to grant and convey to the said Alexander the prebendary of Lambieletham, sometime founded within the college haugh beside the city of St Andrews, with the teinds and fruits thereof during his lifetime, and also by his highness's letters and gift has united, annexed, incorporated and mortified the said prebendary, with the teinds and fruits thereof, after his decease, when it shall happen, to the college of St Leonard's founded within the city of St Andrews, to remain perpetually with the college for sustenance of a bursar therein in all time coming, and modifying the fruits and rents thereof to the sum of £20 money yearly in common years, and making, constituting and ordaining James Wood of Lambieletham and his male heirs procreated or to be procreated of his body, which failing, Andrew Wood of Largo and his male heirs whatsoever, patrons and presenters of the said bursary to the said college in all time coming, which bursary is ordained to be called in all time coming the bursary of Lambieletham, as in the letters of gift under his highness's privy seal made thereupon at more length is contained; and because it is a matter of weight and conscience and concerns the sustenance and provision for a bursar and help of the† poor, it is necessary that the same gift be confirmed in parliament; in consideration of the premises, our said sovereign lord and three estates of this present parliament ratify, approve and confirm the aforesaid gift and mortification to the said college therein contained, with the presentation of the said bursary in all time coming, after the form and tenor of the said gift in all points.
[1585/12/69]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament ratify, approve and confirm the gift and provision granted by our sovereign lord to Patrick, master of Gray, of the abbacy of Dunfermline, in all clauses, heads, articles and conditions thereof, and specially the clause of revocation therein mentioned; and also revoke, abrogate and annul all and whatsoever infeftments, tacks, assedations, gifts of pensions or other dispositions whatsoever granted out of the two parts of the patrimony of the said abbacy at any time since the decease of the late Robert [Pitcairn], late commendator of Dunfermline, as at more length is contained in the said gift and provision and clause of revocation therein expressed.
[1585/12/70]*[print] [email] [cite] [preceding] [following]
Concerning the supplication presented to our sovereign lord and three estates of this present parliament by Walter Dundas, son and apparent heir to George Dundas of that Ilk, making mention that where his highness and lords of secret council, understanding that the predecessors of the house of Dundas, whereunto the said Walter is apparent, were principal founders of the place sometime possessed by the Carmelite friars upon the south side of Queensferry, and endowed the said place and most part of the rents pertaining thereto out of their own proper lands, and specially where the place, kirk and yards thereof are situated with certain acres appointed for the burial of the house of Dundas, in consideration hereof, his majesty, by advice of the lords of secret council, gave, granted and conveyed to the said Walter heritably, his heirs and assignees, by charter and precept under his highness's great seal, all and whole the rents, ferms of feu ferm and other duties whatsoever which pertained of old to the said Carmelite friars and to their place wherever the same lies within this realm, together with the whole kirk and bounds of the said place, with the steeple and houses thereupon, with pertinents whatsoever which pertained to the said friars and place thereof; and for the more corroboration of the said infeftments, requisite it is the same be confirmed in parliament, therefore our said sovereign lord and three estates of this present parliament, in consideration of the premises, ratify, approve and perpetually confirm the aforesaid charter, precept and instrument of sasine granted by his highness, with advice aforesaid, of the forenamed place, kirk, rents pertaining thereto and others above-specified, in all the points, clauses, articles and conditions thereof specified and contained therein.
[1585/12/71]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, remembering the good, true and thankful service done to his majesty by his beloved William Stewart, commendator of Pittenweem, willing that he shall be sure of all gifts and dispositions made and granted to him by his highness of before, therefore his majesty, with advice of the three estates of this present parliament, ratifies, approves and confirms the gift and provision granted to the said commendator of the priory of Pittenweem, as also the letters of factory made and granted to him by his majesty, with consent of John Fenton, steward of the abbey of Dunfermline for the time, of all and whole the lands of Rescobie, Weddergang, Gellets Easter and Wester, Limekilns, port town and harbour thereof, with the pertinents, and of all and sundry the teinds and teind sheaves of the parish kirk of Carnbee, with the pertinents, together with the letters of bailiary of all lands and lordships pertaining to the said abbacy granted to the said commendator by his majesty, with consent aforesaid, with the ground and title whereupon the same proceeded; and likewise the restriction and provision specified and contained in the gift and provision granted to Patrick [Gray], master of Gray of the said abbacy of Dunfermline, touching the title and provision and securities made to the said William Stewart of whatsoever lands or other securities pertaining to the said abbacy of Dunfermline; and lastly, the gift and disposition granted to him of the rest of the thirds of all benefices within this realm assigned for payment of the guards, with the act of secret council and commission made and conceived for the better and more speedy obtaining payment thereof, and all other gifts and dispositions made and granted to the said commendator of before (only except of the forfeited lands pertaining to [William Douglas], earl of Angus, [Thomas Lyon of Baldukie], master of Glamis and Lord Claud Hamilton, commendator of Paisley), declaring and decreeing the same to be valid and sufficient from the beginning, with the ground whereupon the same proceeded and likewise in time coming, so that thereby the said William Stewart may peaceably use, enjoy and possess the lands, teinds and office of bailiary aforesaid, without question, quarrel or impediment to be moved by whatsoever person in the contrary, without prejudice of whatsoever person's right to whatsoever the premises according to the law before the judge competent, according to their rights, and also without prejudice of the other acts made in this present parliament.
[1585/12/72]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of this present parliament, for the good and thankful service done to him by his trusty councillor Sir John Maitland of Thirlestane, knight, his secretary, and at his special desire and request, restore the memory of the late William Maitland, sometime his highness's secretary, notwithstanding the process and doom of forfeiture led against him for whatsoever cause contained in the sentence, as the same had never been led nor pronounced; and freely restore and reintegrate James Maitland, son and apparent heir of the said William, against the said sentence, and ratify and approve all and whatsoever acts of parliament made of before for whatsoever cause or occasion in favour of the said Sir John and James Maitland, son and apparent heir to the said late William, his wife, bairns and posterity, the tenor of the which acts are held for expressed here, notwithstanding whatsoever exception in the act of general restitution, which shall in no way be extended to either of the persons aforesaid.
[1585/12/73]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of parliament ratify and approve and, for his highness and his successors, perpetually confirm the act of his highness's parliament held at Edinburgh, the [...] day of May 1584, concerning the memory of the late Sir James Balfour of Pittendreich, knight, his wife, bairns, heir and posterity, with all conditions, clauses and circumstances thereof, likewise the said act in the self at more length purports, the whole tenor whereof is held here as repeated, and ordain the same to stand in full force and strength and to have due execution as is appropriate.
[1585/12/74]*[print] [email] [cite] [preceding] [following]
†Forasmuch as concerning the supplication given in by Alexander Lauder, son and apparent heir of Sir William Lauder of Haltoun, knight, making mention that where it is not unknown that the said Alexander's predecessors of ancient memory succeeding to others by long process of time, through their worthy service to our sovereign lord's most noble progenitors, acquired and conquest the lordship, living and barony of Haltoun containing the particular lands underwritten, to wit, all and whole the lands, mains and barony of Haltoun, with the castle, tower and fortalice thereof; the lands of north crofts of Ratho, Westhall, Platt, Northtoun, Over Gogar, with the mill thereof, kirk mill and mill lands of the same; the lands of Brownfield, with tenants, tenantries and service of free tenants and their pertinents, all lying within the bounds and sheriffdom of Edinburgh, within the sheriffdom and barony of Renfrew by annexation; all and whole the lands and barony of Cruigly, with the manor place and fortalice thereof; the lands of Over and Nether Kydstoun, Meldounhill, lying within the sheriffdom of Peebles; all and whole the lands of Whitelee, Whitslade, with the tower, fortalice, corn mill and waulk mill of the same; the lands of Newbiggin and Wells, Whitelaw and Burngrange, the mill of Lauder, lying within the bailiary of Lauderdale and sheriffdom of Berwick, which being virtuously conquest in our said sovereign lord's predecessors' service as said is, long before the said Sir William succeeded thereto, that ancient house this long time bygone has kept the estate and degree of an honourable baron ever continuously in obedience and fidelity to our said sovereign lord's predecessors, without any suspicion; nevertheless, Gilbert Lauder of Balbardie, by long custom, perfectly understanding the simplicity of the said Sir William, by certain malignant and crafty practises abusing the said Alexander's father's ignorance to his own greedy appetite and dishonest commodity, within the space of seven years past allured and enticed the said Sir William to transfer to William Lauder, eldest son to the said Gilbert, his heirs and assignees heritable, all and whole the lands and baronies aforesaid, by simulated and coloured vendition, seeing he neither had money to pay nor paid any money for that; and the said Gilbert, foreseeing that the said infeftment could be on no force without our said sovereign lord's confirmation, he laboured earnestly for the same, and the matter appearing strange that the said Sir William should transfer to the said William the whole lands he had in the world, he, having the said Alexander and James Lauder, brothers-german, sons procreated of his own body by lawful marriage of their mother, who is descended of an honourable house, and they never having offended their said father in word nor deed, the confirmation of the said pretended infeftment was, for the reasons aforesaid, stayed by our said sovereign lord as a thing tending to the reproach of his majesty's conscience and honour; but the said Gilbert shortly thereafter, insisting to bring his crafty devise to an end by concealing of the truth and a false suggestion by such as are acquainted with our said sovereign lord, made his majesty to understand the said infeftment to be no way hurtful to the said Alexander, but expressly to have been devised for his good and preservation of his majesty's heritage to himself, in respect that the said Sir William to whom he behoved to succeed had obliged himself as surety for great sums of money, for the which he affirmed that the whole lands might be apprised from the said Alexander in case he were heir to his said father, or at the least, that he should be relieved of that debt by that infeftment; and to justify his narration and to persuade our said sovereign lord and his highness's treasurer for the time that he could not be hurt by the said infeftment, the said Gilbert showed a reversion made by the said William to the said Sir William and his assignees, bearing that the said whole lands and baronies should be redeemable upon 40s only, which was the only cause which moved our said sovereign lord's treasurer to condescend to the said confirmation, since as also that the said Sir William, father to the said Alexander, has renounced his liferent to the said William Lauder, whereupon he has taken purpose to set down upon the whole lands, rooms and heritages and to exclude the said Alexander and his posterity perpetually therefrom, the like whereof has not been seen within this realm in no age past; the said Sir William, by his simple and craft of the said Gilbert, being so misused and having lawful issue of his own body who never offended him as said is, and that the said Alexander's father's death whatsoever of itself could not have debarred him of his heritage if our said sovereign lord's deed and confirmation had not been interposed, and also the said confirmation being always granted in our said sovereign's minority and by proponing of a false cause, whereas if the truth had been declared, his highness had never granted the same, and being also so far against his majesty's conscience and honour, the said alienation and confirmation following thereupon are revocable for discharge of his highness's said conscience, for seeing it is most true that charters of tailzie made in the prince's minority, by the which the female heirs are debarred to give place to the male heirs, are, by the laws of this realm, decreed to be against the prince's conscience and to be revocable; there is a greater burden of honour and conscience in this case where all the righteous heirs which the law of God and man has appointed to succeed are debarred from their native heritage, that a stranger may be preferred and specially by such deceitful and crafty means as are used in this case; desiring therefore the king's majesty and his highness's three estates deeply to weigh and consider what singular fraud has been used against the said Alexander in our said sovereign lord's less age, to the hurt of his honour and conscience and to the said Alexander's utter wrack, and thereupon, to regard the pernicious example that may follow upon the preparative so wicked and that the said ancient house, by that kind of dealing, be not transferred in unjust possessors. Which supplication being seen and at length considered first by the king's grace, lords of articles and thereafter by his highness and three estates in this present parliament, who presently decree and declare the aforesaid pretended alienations, venditions, charters, infeftments, precepts and instruments of sasine whatsoever made by the said Sir William Lauder of Haltoun, knight, to the said William Lauder, son to the said Gilbert, his heirs and assignees heritably, of the lands, baronies and others particularly above-specified, with our said sovereign lord's confirmation granted thereupon of whatsoever date, to have been from the beginning and to be in all time coming of no value, force nor effect with all that has followed or may follow thereupon, the reasons and causes aforesaid, without prejudice always of others' confirmations granted by our said sovereign lord of other infeftments to other persons where his highness's conscience and honour is not hurt; and ordain letters to be directed.
[1585/12/75]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and confirms for him and his successors the gift and disposition of the office of treasury given and granted to Thomas Lyon of Baldukie, master of Glamis, by demission thereof in our sovereign lord's hands by John [Graham], earl of Montrose, lord Graham, late treasurer, to the effect the said John may enjoy the said office enduring his lifetime; and decrees and declares the said gift to have full strength, force and effect in all time coming after the form and tenor thereof, of the which the tenor follows:
James, by the grace of God, king of Scots, to all and sundry our subjects and lieges whom it concerns whose knowledge these our letters shall come, greeting. Know you us to have made, constituted and ordained Master Thomas Lyon of Baldukie, master of Glamis, our treasurer, and give him the office thereof for all the days of his lifetime, with all and sundry honours, privileges, fees, duties and casualties belonging thereto, and in special the sum of £1,000 in yearly pension for exercising of the said office, to be uplifted by him of the first and readiest of our casualties aforesaid at two terms in year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, beginning the first payment at this last Martinmas in this present year of God 1585 and so forth yearly and termly enduring his lifetime, to be thankfully allowed to him in his yearly accounts by the lords thereof, whom we charge to allow and discharge yearly to him the said sum of £1,000 as pension aforesaid, this letter being once shown upon account and registered in the rolls as appropriate; with power to our said treasurer to use and exercise the said office, possess and enjoy the said honours, privileges and pension likewise and as freely in all respects as any others his highness's treasurer did or might have done at any time by virtue of the said office, with all and sundry commodities, freedoms, etc., freely, quietly, etc., providing always that this letter prejudice not our trusty councillor, Sir Robert Melville of Murdocairnie, knight, in his office of treasurer depute and clerk, given him and confirmed in parliament, but that this may notwithstanding hereof use and exercise his said offices, intromit with and uplift the duties thereof specified in his said gift likewise and as freely as he did of before; given under our privy seal at Linlithgow on 2 December 1585 and of our reign the 19th year, providing always that the said gift in no way hurt nor prejudice Sir Robert Melville of Murdocairnie, knight, concerning his office of depute in the said office; but declare the same to stand in full strength and effect, and the same in no way to hurt and prejudice him during his lifetime.
[1585/12/76]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the gift and provision made to William Douglas, son lawful to [...] Douglas of Drumlanrig, of the benefice of prebendary called the provostry of Lincluden, lying within the diocese of [...], and all profits, mails, ferms, duties and emoluments pertaining thereto for all the days of his lifetime; reserving always the fruits thereof to Master Robert Douglas, late provost of the said provostry, as the said gift and provision purports. And further, our said sovereign lord, with advice aforesaid, declares, decrees and ordains that the said provision shall be of full strength and force to the said William for possessing of the said provostry, fruits, mails, ferms and duties thereof in manner aforesaid, shall be of full strength and force to the said Master Robert for possessing of the same during his lifetime, notwithstanding whatsoever constitutions and acts of parliament made of before, with the which his highness, with advice aforesaid, has dispensed and dispenses by this act.
[1585/12/77]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates of this present parliament, ratifies, confirms and approves the gift and disposition made and granted to Master Edward Bruce, one of the commissaries of Edinburgh, of the abbacy of Kinloss, with all fruits, rents, profits, kanes and duties pertaining thereto; and decrees and declares the same to have full strength and effect in all time coming, so that they may peaceably use, enjoy and possess the same, with all fruits, rents and duties pertaining thereto, notwithstanding any revocation made or to be made by our said sovereign lord in any times bygone or to come; of the which gift and disposition, the tenor is contained in his letter of gift.
[1585/12/78]*[print] [email] [cite] [preceding] [following]
Walter [Reid], abbot of Kinloss, protested that the ratification above-written granted to Master Edward Bruce in no way hurt nor prejudice him concerning the usufructuary of the said benefice, nor others, his honours and dignities, but that he enjoy and possess the same during his lifetime; and thereupon asked instruments.
[1585/12/79]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication given in by John [Hamilton], lord Hamilton and John Hamilton of Drumry to the king's majesty and lords of articles, bearing that the said lord, with a great number of his surname, kin and friends, has been, of long time past, banished and exiled of our sovereign lord's presence and, by the injury of time and occasion of the civil troubles of so long continuance within this realm, have suffered great loss and damage in the possession of their goods, lands and livings, all free repair and access to our said sovereign lord's person, council and session and others his majesty's offices being utterly refused to them for expedition of their benefices; and specially the said John Hamilton of Drumry, who, being undoubted feuar of the lands of Craigfudes and Middlefudes, who, by right of his infeftment (albeit unconfirmed by malice of the time), was in possession thereof from the date of the same, which was 10 July 1567, he having made instant suit by his friends offering great sums of money at sundry and diverse times to our said sovereign lord's treasurer to have the confirmation thereof expedited, to the time that Patrick [Adamson], now archbishop of St Andrews, against the duty and professing of his calling, yea, after the said John had obtained the said signature componed and expedited, espying the time proper and commodious to make his conquest upon the said John's rooms and possessions of the said lands of Craigfudes and Middlefudes, set the same again in feu to his own son and spouse and to certain other persons, the said John's greatest enemies for the time, procuring the latest set feus to be first confirmed, that by the act of parliament procured by himself in prejudice of the said John's feu made at Stirling on 25 July 1578, concerning double confirmations of feus, by the which it is provided that the first confirmation of the last feu shall prevail, the first feu latest confirmed the said John's infeftment clad with so long a kindness and possession might be made unprofitable to him forever; and therefore, to the end that such fraud may be disappointed and the said John restored and reintegrated in the right of his infeftment, feu and possession aforesaid, and for many just and lawful impediments which he had to procure his confirmation at any time before, our said sovereign lord, with advice and consent of his three estates of this present parliament, has statute and ordained and, by the tenor hereof, statutes, ordains and declares that it shall be lawful to the said John Hamilton to purchase confirmation of his said feu, and that the same shall be as effectual, valid and sufficient as if the same had been expedited before any other feu set [by]† the said Patrick, archbishop of St Andrews, to his spouse, bairns or whatsoever other persons, notwithstanding the late act of parliament made concerning double confirmations of feus or whatsoever other law, statute or constitution made in the contrary, concerning the which our said sovereign lord and estates aforesaid dispense thereupon by this act, reserving always to such as have taken any portion of the said lands in feu of the said archbishop, their actions of warranty, according to the law, for repetition of the sums of money received by him for their said feus only; and therefore our said sovereign lord, with advice aforesaid, ordains his highness's treasurer and his deputes present and that shall be for the time to pass confirmation upon the said John Hamilton's feus without any stop or impediment upon his expenses, as appropriate, for the reasons and causes aforesaid well known to our said sovereign lord and three estates, without prejudice of the said act of parliament in any way to others of our sovereign lord's lieges, but that they may possess the benefit thereof notwithstanding the premises.†
[1585/12/80]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of parliament specially declare that under his majesty's general revocations made in parliament and secret council is, and shall be, specially comprehended the pretended infeftment or infeftments of feu ferm or others made by his highness in his less age to William Stewart of Fyntillach, his heirs and assignees heritably, of all and sundry the lands of Almerlands, extending to a ten pound land of old extent, lying within the stewartry of Kirkcudbright, as being set in hurt of his office, in prejudice and hurt of William Douglas of Drumlanrig and kindly tenant, tacksman and possessor thereof, and therefore declare, decree and ordain that all and sundry the said infeftments, with the precepts and instruments of sasine following thereupon, have been from the beginning, are, and shall be in time coming, of no strength, force and effect.
[1585/12/81]*[print] [email] [cite] [preceding] [following]
†The king's majesty, with consent of the three estates convened in parliament, understanding that there was infeftment granted of long time past to William Kerr of Cessford, warden of the middle marches of this realm, and his heirs heritable, of all and whole the lands and barony of Ormiston, with annexes, connexes, parts, pendicles and pertinents, outsets, tenants, tenantries and service of free tenants, together with the tower, fortalice, mains and fishings of the same and all their pertinents, lying within the sheriffdom of Roxburgh, and likewise all and whole the twenty merk land of Maxton, called Gevan's Lands, lying within the sheriffdom aforesaid, which infeftment, with all sasines, rights and other titles made to the said William and his aforesaids, was ratified, approved and confirmed in the parliament held at Edinburgh on 28 November 1581, likewise his majesty's intention and full mind is that the same shall stand in full strength and force in all time hereafter, albeit lately there was a pretended right and infeftment made of the said lands to James Ormiston and his heirs contained therein, proceeding upon the revocation of the other infeftment made by us to the said William of before; therefore our said sovereign lord, willing that the said William shall be fully re-established in his right of the said lands in plain parliament, has revoked and annulled and, by the tenor hereof, revokes, rescinds, abrogates and annuls all and whatsoever infeftments, charters, precepts, instruments of sasine, rights, titles and other securities made or granted to the said James, his bairns' posterity or friends in whatsoever manner or order or any other persons whatsoever of the said lands or any part thereof, with all and whatsoever following or proceeding thereupon at any time since the first right thereof acquired by the said William, which was granted to him upon good and weighty considerations, and for the true and thankful service done by the said William to his majesty at all times and in recompense thereof; and to the effect the said William and his heirs may remain in the full integrity of their right aforesaid, our said sovereign lord, with advice of his whole three estates in present parliament, ratifies, approves and confirms all and sundry the infeftments, rights, titles and securities made to the said William and his aforesaids of the said lands, with their pertinents, either proceeding upon a resignation of the late Captain Robert Anstruther or otherwise granted in whatsoever manner or order, decreeing and declaring the same to have full force, strength and effect as is contained therein in all times coming, notwithstanding of any revocation, general or special, made by his grace heretofore and of the said James Ormiston's infeftment proceeding thereupon, granted either to the said James, his bairns, friends or any others persons aforesaid, which his majesty declares shall never effect in time coming; but the said William and his heirs to be in such estate and condition as if the same had never been made, and as the said William's infeftment had been made in his majesty's perfect age and shall not be subject to any revocation in time coming.
[1585/12/82]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, understanding that James Murray of Pardowis has a yearly pension conveyed to him out of the third and surplus of the abbacy of Coupar [Angus],† to be possessed and intromitted with by them, and willing that he possess and enjoy the same in time coming, therefore our said sovereign lord, with advice of the three estates of this present parliament, ratifies, approves and confirms the aforesaid gift of pension made and granted to the said James, with decreet given by the lords of council according thereto, so that he may peaceably possess and enjoy the same in all time coming according to his gift of the same, notwithstanding whatsoever revocation made or to be made by our said sovereign, concerning the which his highness, with advice of the three estates, dispenses by this act, providing always that the said James was in possession of his said pension the year immediately before his departing out of this realm.