[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.