[1587/7/81]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of parliament ratify and approve the letters granted under his great seal to his right trusty cousin and councillor, Archibald, earl of Angus, lord Douglas and Abernethy, etc., making him wholly to succeed to the late James [Douglas], earl of Morton, lord Dalkeith, in his lands, heritage, rooms and possessions, as the said letters at more length purport, which his majesty, with advice of his said three estates, ordains to be inserted in this present act if need be.
[1587/7/82]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication given in and presented to our sovereign lord and lords of articles of this present parliament by John, lord Fleming, making mention that where it pleased his majesty of his good grace and favour to grant him the benefit and privilege of the pacification concluded at Perth, and thereafter ratified and approved in parliament, restoring and rehabilitating the said lord to all lands, heritages, offices, honours, rooms and possessions which pertained to the late John [Fleming], lord Fleming, his father, without any reservation or exception, as the last act of parliament made there on 29 November 1581 at more length contains; and now being informed that his majesty is to grant the benefit of the said pacification to Archibald, earl of Angus as male heir or of tailzie to the late James, earl of Morton, or otherwise to restore and reinstate him as successor to the said late earl in the said earldom of Morton, whereby he may pretend some interest to the said Lord Fleming's lands and barony of Kilbucho, notwithstanding that on 19 July 1583 he obtained decreet before the lords of session against John [Maxwell], earl of Morton, lord Maxwell, his majesty's treasurer and advocate for his highness's interest, reducing and annulling a pretended decreet of redemption of the said lands and barony, which the said late James, earl of Morton, purchased against the said lord's late father, for the time he was captain and keeper of the castle of Dumbarton, when as he might not compear and defend against the same, as the said decreet will testify; and therefore desiring, in consideration thereof and of his full restitution aforesaid whereby it is certain he has undoubted right to the said lands and barony, that his majesty and the said lords will, in whatsoever benefit, favour or restitution now to be granted in this present parliament to the said Earl of Angus of the said earldom of Morton, cause specially provide in the act thereof that the same shall in no way be hurtful nor prejudicial to the said John, lord Fleming, concerning any right or title his predecessors and he had and have of the said lands and barony of Kilbucho, nor to the aforesaid decreet of reduction obtained by him and his curators for the time annulling the pretended redemption allegedly used by the said late James, earl of Morton thereof, and to ordain the clerk register and his deputes to form and extend the said provision in the said restitution in due and ample form for his security, as at more length is contained in the said supplication. Which being heard, seen and considered by his highness and lords of articles and they therewith being at length advised, our said sovereign lord, with advice of the said lords of articles, thinking most expedient that the aforesaid supplication, contents and desires thereof be decided and agreed amicably for better amity to stand between the aforesaid parties in time coming, desired both the said parties, being personally present, either of them to choose certain friends for entreating and agreeing of the aforesaid matter in amicable ways; and according thereto, the said Archibald, earl of Angus being personally present as said is, nominated and chose John [Erskine], earl of Mar, and Thomas [Lyon of Baldukie], master of Glamis, treasurer, for his part, and the said John, lord Fleming, being in like manner personally present, nominated John [Graham], earl of Montrose and Sir John Maitland of Thirlestane, knight, secretary to our sovereign lord, for his part, as amicable judges, to whom both the said parties referred the contents and desire of the aforesaid supplication and what either of the said parties ought to do to others concerning that, and howsoever the aforesaid judges all in one voice decree and pronounce therein, both the said parties bound and oblige them to obey and fulfil their sentence and decreet arbitral to be pronounced by them concerning the premises. And our said sovereign lord and lords of articles have interposed and interpose their authority thereto, and give and grant full power to the aforesaid judges to the effect aforesaid, likewise as [if] his highness and lords might have proceeded therein in this present parliament. And further, his majesty and lords of articles declare that this present submission in no way shall be prejudicial to the general act of abolition, pacification and ratification thereof made in this present parliament; but the same to have full effect and to be freely extended to all persons therein mentioned to whom the benefit thereof appertains, likewise and as freely as if this present supplication had never been present in parliament, nor the said submission followed thereupon.
[1587/7/83]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his perfect age of 21 years, with advice of his three estates in this present parliament, has ratified and approved the gift and disposition made to his trusty cousin and councillor George, earl of Gordon, lord Gordon and Badenoch, of the abbacy of Dunfermline, with the whole rights, profits and emoluments, liberties and privileges of the regality and other parts and pendicles thereof, with all clauses, conditions and articles contained in the same, of the date the [...] day of [...] 1587, and wills that the same shall be sufficient to him for possessing the whole rents, commodities and privileges thereof during his lifetime.
[1587/7/84]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates in this present parliament, has ratified and approved, likewise his majesty and three estates aforesaid ratify and approve an act of parliament made at Linlithgow on 10 December 1585, by the which it is statute and ordained that all persons to be provided to bishoprics, abbacies, priories or whatsoever other inferior benefices being at his highness's presentation shall, before the expedition or registration of their signatures, find surety to the clerk, keeper of the register, that they shall leave the said benefice at their decease or demission unhurt or vitiated in the quantity of the yearly rent thereof as they find it at their entry thereto, as at greater length is contained in the said act; decreeing and ordaining the same whole clauses and conditions contained therein to stand in the full strength, force and effect as a law in time coming, notwithstanding any act made in this present parliament which may in any sort appear to derogate thereto. And likewise our said sovereign lord and three estates aforesaid, understanding perfectly that Patrick, master of Gray, sometime commendator of the abbacy of Dunfermline, who was provided lately before the making of the said act, in defraud of the said former act, has ratified, approved, confirmed and of new given diverse feus which of before were invalid, and likewise set diverse tacks and gave sundry pensions out of the said abbacy, whereof a great part was dated before the said act, to the effect the same should in no way have been comprehended therein, which was all done to the great detriment of the said benefice, hurt of his highness's crown and prejudice of his successors; for remedy whereof, our sovereign lord and three estates aforesaid have annulled, likewise his majesty, with advice of his said three estates, annuls all and whatsoever feus, tacks and pensions given by the said Patrick since his provision, whereby the rent and patrimony of the said benefice is diminished, and likewise annuls all and whatsoever ratifications and confirmations of feus which were from the beginning invalid and might have been quarrelled and annulled of before for reasonable causes competent of the law.
And nevertheless, our said sovereign lord and his said three estates in parliament decree and declare that the heritable infeftment of the lands, lordship and regality of Musselburghshire, made to Sir John Maitland of Thirlestane, knight, chancellor and secretary to our sovereign lord, his heirs and successors specified therein, which is also ratified and approved by a special act and ordinance of this present parliament, and also the other infeftment made by the said master of Gray to the said Sir John, his heirs and assignees specified therein, of the heritable bailiary of the said lordship and regality, assignation of the fees and duties therein contained, and confirmed by our said sovereign lord by his charter under his highness's great seal, and also that the heritable infeftment made by John Fenton, steward of the said abbey of Dunfermline for the time, with consent and assent of William [Stewart], commendator of Pittenweem, bailie and convent of the said abbey, to Sir Robert Melville of Murdocairnie, knight, his heirs and assignees of Garvockwood, with the lands, shaws, bushes and others pertaining thereto, lying within the lordship of Dunfermline, and also ratified and approved by the said Patrick, master of Gray and renewed by him the time he stood commendator of the said abbey and convent of the same, shall stand in full strength and force, and the same has been from the beginning and shall be in all times coming valid and effectual in themselves, notwithstanding of any clause or provision contained in this present act or any other objection that may be made in any other respect against the said infeftments or any one of them.†
[1587/7/85]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, after his perfect age of 21 years complete, and after his highness's general revocation, with advice of his three estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the gift of bastardy, escheat, presentations and infeftments whatsoever given and granted by his highness to his right trusty cousin and councillor David, earl of Crawford, lord Lindsay, etc., his heirs and assignees, of all lands, annualrents, tenements, houses, buildings, tacks, steadings, rooms, possessions and others whatsoever which pertained to the late Master George Crichton of Cluny, Margaret and Christian Crichton, his daughters, and now pertaining to our said sovereign lord and becoming in his highness's hands by the laws of this realm and privilege of his crown through the said late Master George being born bastard and so deceasing bastard, and the said Margaret and Christian Crichton, his daughters, deceasing without lawful heirs procreated of their bodies to succeed to them, their lands or heritages, or lawful disposition made by the said persons or any of them in their lifetimes, or through the doom of forfeiture orderly led against John Crichton of Ruthven for certain crimes of lese-majesty, whereof he was convicted in a justice court held in the tolbooth of Edinburgh the [...] day of [...] the year of God 15[...] years, with all and whatsoever infeftments and sasines granted and given by the superiors of the said lands, annualrents and tenements, and to be given thereupon upon the presentations directed by our sovereign lord to them, and upon the infeftments granted by our sovereign lord to his said trusty cousin; and decrees and ordains the same and all that has followed thereupon to be as effectual and valuable to his said trusty cousin, his heirs and assignees, for their peaceable possession and enjoying of the said lands, tenements, annualrents and others aforesaid, as if the same had been given and granted by his highness after his perfect age of 21 years complete and general revocation as said is as their heritage in time coming and to uplift the mails, profits and duties and otherwise to use the same at their pleasure.
[1587/7/86]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented to our sovereign lord and lords of articles by David, earl of Crawford, making mention that where, by a charter of alienation of feu ferm from John Ferguson, provincial of the Greyfriars of Dundee, with the consent of the rest of the friars of the said place, transferred to his said late father, David [Lindsay], last earl of Crawford, all and whole their yards, tofts, crofts and meadows, with their pertinents, lying on the north side of the said burgh of Dundee, given out to them of before by his predecessors, upon the which alienation of feu ferm his said late father obtained confirmation, which is ready to be produced before his majesty and lords; nonetheless, as the said earl is informed by a general gift given to the burgh of Dundee of all the gifts and annualrents, etc., pertaining to any friars or altarages within their said burgh, which they desire to be confirmed by a general act in this present parliament, and thereby they intend to take from the said earl his said right and title, therefore desiring if the said act be not passed both their titles be sighted before his majesty and lords that it may be known which of them has the best right for eschewing of longer process; and in case it be passed because the said earl knew not of the same and it is done in his prejudice, he desires presently to be heard in their presence before any further voting in the said matter, as at more length is contained in the said supplication. Which being heard, seen and considered by his highness and estates, our said sovereign lord, with advice of his said estates of parliament, understanding the confirmation of the general gift granted to the burgh of Dundee of the said friars' lands and annualrents, etc., in no way yet to be passed nor granted, ordains the said David, earl of Crawford, to be heard upon the contents and desire of this present supplication, and the same to be read how soon or at what time the town of Dundee or any others in their names give in or suit confirmation to be granted to them of their said general gift of the said friars' lands and annualrents lying within the said burgh appertaining to the same; whereupon the said David, earl of Crawford, asked instruments.
[1587/7/87]*[print] [email] [cite] [preceding] [following]
[...]†
[1587/7/88]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, remembering the good, true and thankful service done to his highness by his right trusty cousin and councillor, John, earl of Montrose, lord Graham, etc., with express advice and consent of the three estates of this present parliament, has ratified, approved and confirmed and, by the tenor hereof, for his highness and his successors, ratify, approve and perpetually confirm the two several charters made, given and granted by his majesty to John [Graham], master of Graham, son and apparent heir to the said John, earl of Montrose, and to the said John, master of Graham, his male heirs and of tailzie specified in the said two charters, of all and whole the lands and barony of Kincardine, particular lands lying within the same and united thereto; of all and whole the lands and barony of Athera, with the salmon fishing upon the water of Ellon, with power to build cruives thereupon; of all and whole the lands of Rathen, Torquhill and Garvock, with their pertinents, contained in any of the said charters; and of all and whole the lands, barony and earldom of Old Montrose; of all and whole the lands and barony of Kinnaber; of all and whole the lands of Wardropartoun; of all and whole the lands and barony of Mugdock and Dunduffmure; of all and sundry the lands of Meikle Balmure and East Ledven; the lands and barony of Abruthven; the lands of Kinpont and Elliston, together with towers, castles, fortalices, mills, salmon fishings, woods, advocation and donation of benefices, altarages, prebendaries and chaplainries and other privileges and liberties whatsoever pertaining to the said lands, baronies and earldom or any part thereof expressed in the aforesaid charters or either of them, and especially the tailzie and succession therein mentioned, with the new gift and disposition, union and annexation contained in either of the said two charters, in all points, heads, articles, clauses and conditions therein contained, as the said charters, both of the date passed under his highness's great seal at Holyroodhouse on 23 May 1581, in themselves respectively at more length purport, together with the precepts and instruments of sasine following thereupon. And our said sovereign lord, with advice aforesaid, by this act, wills and declares that the same two charters, precepts and instruments of sasines following thereupon are good, valid and effectual in themselves to the said John, master of Graham, his heirs and of tailzie specified therein, notwithstanding whatsoever revocation made by his highness before this present parliament or of his majesty's general revocation made in this parliament after his perfect age; to the which revocations and each one of them, our said sovereign lord, with express advice and consent aforesaid, decrees and ordains this act to make express full and specially derogation, and, if need be, ordains a charter to be made under the great seal in the more form, ratifying and approving the aforesaid two charters, with the precepts and instruments of sasine following thereupon, containing the whole lands, baronies, lordships, earldoms and others specified and contained in both the said charters, with all clauses and provisions thereof, and that this present act of parliament be a sufficient and immediate warrant thereto at the great seal without passing signet and privy seal and to be extended in the best form with all clauses needful.
[1587/7/89]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication given in and presented to our sovereign lord and three estates in this present parliament by John, earl of Mar, lord Erskine, etc., making mention that where the late Dame Isobel Douglas, countess of Mar, was heritably infeft the time of her decease in all and whole the earldom of Mar, lordship and regality of Garioch, held immediately of our sovereign lord's predecessors, as his infeftment at more length purports, likewise after her decease the late Robert [Erskine], earl of Mar, lord Erskine, the said John, earl of Mar's predecessor, was lawfully served and retoured heir to the said late Isobel of the said earldom of Mar, lordship and regality of Garioch, to whom likewise the late John [Erskine], earl of Mar, the said complainer's father, was lawfully retoured heir, so next he as heir to his said late father, who was heir to the said late Robert, earl of Mar, lord Erskine, his predecessor, and so heir by progress to the said late Dame Isobel Douglas, countess of Mar, has the undoubted heritable right to the said earldom of Mar and lordship and regality of Garioch, albeit his predecessors have been wrongfully debarred from the possession of the said lands, earldom and lordship, partly by the occasion of the troubles occurring and intervening, and partly by the iniquity of time and staying of the ordinary course of justice to them by the partial dealing of such persons as had the government of our sovereign lord's predecessors and realm and their officers for the time, notwithstanding the humble supplications and frequent interpolations made by the said John, earl of Mar's predecessors, as well in parliament as in council, for the possession of the said lands as shall be sufficiently verified by authentic writs and evidences. The which being advisedly considered by [Mary], our sovereign lord's dearest mother, after her perfect age, and her highness moved of conscience, as becomes of her princely duty, to restore the lawful heirs to their just heritage and possession, after mature deliberation, diligent trial and inquisition taken of the premises, gave, granted and conveyed heritably to the late John, earl of Mar, lord Erskine, the said complainer's father, the said earldom of Mar, with the lands of the lordship and regality of Garioch, with their pertinents, annexes, connexes and others specified in the charter, granted by his highness's dearest mother under the great seal to him thereupon, and seeing for the said earl's better security and that his highness's dearest mother's good intention may take the better effect toward the possession of the said lands, necessary it is that he be served heir to his predecessors who died invest and seased in the said earldom, lordship and regality, and that a sufficient right and action be established in his person and his heirs for recovering of the said lands and possession thereof, notwithstanding the long duration and length of time that has intervened, considering that by the laws and custom of the realm the right of blood nor yet any heritable title falls under proscription, nor is taken away by whatsoever length of time or lack of possession, and therefore desiring his majesty and estates, in respect of the premises, to take trial of the rights and infeftments which the said late Dame Isobel Douglas, countess of Mar, had of the said earldom of Mar, lordship and regality of Garioch, and likewise to take trial if the said late Robert, earl of Mar, lord Erskine, his predecessor, was duly served and retoured heir to the said late Dame Isobel of the said earldom, regality and lordship and that the late John, earl of Mar, the complainer's father, was served and retoured heir to the said late Robert, earl of Mar, and that his highness's dearest mother, having consideration of the said rights, gave and conveyed the said earldom of Mar, lordship and regality of Garioch, to the said late John, earl of Mar, his father, the which rights being tried by his majesty and estates of parliament to be lawful, valid and sufficient, that the same might be ratified, approved and confirmed in this present parliament and the same declared to have as great strength, force and effect in the said complainer's person as the same had or might have in the person of the said late Dame Isobel Douglas or late Robert, earl of Mar, lord Erskine, her heir, and the said Earl of Mar, complainer, to have full right thereby as heir by progress to his said predecessors to all and whole the said lands wherein the said late Dame Isobel Douglas, countess of Mar or the late Robert, earl of Mar, her heir, died invest and seased and retoured, notwithstanding the length and duration of time which has intervened since, during the which space he and his predecessors, by the iniquity of the time, has been wrongfully debarred from the said lands and possession thereof, and to declare by an act of parliament that his right to the said earldom, lordship and regality and action for recovering thereof and possession of the same has not nor shall not proscribe by the course of the said time, but that the said earl and his heirs have, and shall have, as good right, interest, title and action in and to the said earldom, lordship and regality as if he were immediate heir to the said Dame Isobel Douglas or to late Robert, earl of Mar, lord Erskine, his heir; or had pursued for the same within a year and a day after their decease, notwithstanding any exception of proscription or lack of possession that may be alleged in the contrary, without prejudice always of all other lawful defences competent to the parties having interest, as at more length is contained in the said supplication. Which being heard, seen and considered by his highness and estates of parliament, and after diligent trial and consideration had by them of the rights and infeftments which the said late Dame Isobel Douglas had of the said earldom of Mar, lordship and regality of Garioch, and of the retours granted to the said late Robert, earl of Mar and John, earl of Mar, of the same successive and infeftments granted to the said earl's father of the same earldom and lordship, and of all other writs above-written mentioned in the said supplication and produced by the said complainer for verifying of the contents thereof, and they therewith being ripely advised, our said sovereign lord and three estates of parliament, finding the rights above-specified to be lawful, valid and sufficient to prove and verify the points of the said supplication, ratify, approve and confirm the same, and decree and declare the aforesaid rights to have as great force, strength and effect in the person of the said John, earl of Mar, as the same had or might have in the person of the said late Dame Isobel Douglas or late Robert, earl of Mar, lord Erskine, his heir, and he to have full right thereby as heir by progress to his said predecessors to all and whole the said lands wherein the said late Dame Isobel Douglas, countess, or the late Robert, earl of Mar, her heir, died invest, seased and retoured, notwithstanding the length and duration of time which has intervened since, during the which space the said earl and his predecessors, by the iniquity of the time, have been wrongfully debarred from the said lands and possession thereof; and also decree and declare that the said complainer's right to the said earldom, lordship and regality and action for recovering thereof and possession of the same has not, nor shall not, proscribe by the course of the said time, but that he and his heirs have, and shall have, as good right, interest, title and action in and to the said earldom, lordship and regality as if the said earl were immediate heir to the said Dame Isobel Douglas or to the late Robert, earl of Mar, lord Erskine, her heir; or had pursued for the same within a year and a day after their decease, notwithstanding any exception of proscription or lack of possession that may be alleged in the contrary, without prejudice always of all other lawful defences competent to the parties having interest.