[1587/7/93]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented and given in to our sovereign lord and estates of parliament by Harry Lindsay of Careston and William Stewart of Seton, making [mention]† forasmuch as in the parliament held at Linlithgow in December 1585, his majesty, considering the great calamities that followed within this realm since his highness's coronation through the civil troubles, and willing to put the same to quietness and to establish a universal peace and tranquillity amongst his lieges, ordained all persons who were dispossessed of their lands and livings by the said troubles to be restored and repossessed thereto, notwithstanding of whatsoever decreet or sentence intervening that might appear to impede the full effect of the said repossession, with express provision and limitation that the mails, ferms, profits and duties of lands, possessions, tenements, benefices and pensions, teinds, the escheated goods of penalties coming in his highness's hands and already lifted should remain with the intromitters therewith. Nevertheless, since sundry persons, his majesty's true and faithful subjects, their cautioners and sureties, have been called, convened and troubled for restitution of the mails, ferms, profits and duties of sundry lands and others intromitted with and taken up by them the time of the said troubles, and by occasion thereof, at his majesty's own command, and in his name by special factories and powers granted to that effect under pretence of general acts of caution found to make the same forthcoming as law will; for remedy whereof, desiring our sovereign lord, with advice of the three estates of this present parliament, to decree and declare all and sundry his highness's subjects and servants who, by themselves or others in their names, intromitted with any ferms, mails, profits and duties of lands, mills, fishings, rooms or possessions by his highness's letters of factory, commission, power and command during the time of the troubles, their cautioners and sureties whatsoever, to be in all times coming free and exonerated thereof simply and of all intromission therewith and in no way to be accountable thereof, neither to be restricted to make the same forthcoming in any way, notwithstanding whatsoever acts of caution, decreets or others intervening or that has followed or may follow thereupon; and that the said act be specially extended to his majesty's domestic servants, Harry Lindsay of Careston and William Stewart of Seton, for all mails, ferms, profits and duties intromitted with by them, their servants and others in their names, of the lordship of Brechin, lands, fishings, yards and others belonging thereto pertaining to [John Erskine], earl of Mar or Dame Annabella Murray, countess of Mar, of the crop and year of God 1584, desiring our said sovereign lord to declare the same to have been intromitted with by the said Harry Lindsay and William Stewart at his majesty's special command, by his highness and his comptroller's factory and power granted to that effect, and that therefore they and their cautioners be free, exonerated and discharged thereof and of all acts and decreets following thereupon simply forever, as at more length is contained in the said supplication. Which being heard, seen and considered by the estates of parliament in presence of his majesty, and they therewith being ripely advised, the three estates of this present parliament remit the aforesaid supplication, contents and desire thereof so far as concerns the part of the said Harry Lindsay and William Stewart only to the king's majesty, to take order, pronounce and decide therein according to reason, equity and good conscience, and howsoever his majesty shall determine and pronounce therein, the same to have as great force and effect as if it had been decreed and ordained by his highness, with advice and consent of the said three estates in this present parliament.†
[1587/7/94]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication given in and presented to our sovereign lord and lords of the articles of this present parliament by Dame Elizabeth Stewart, countess of Moray, daughter and heir of the late James [Stewart], earl of Moray, and James [Stewart], earl of Moray, her spouse, for his interest, making mention that where the said Dame Elizabeth's late father in the year of God 1564 resigned the lands of the Brae of Mar and Strathspey in [Mary], his majesty's dearest mother's hands, in favour of Sir John Wishart of Pittarrow, knight, whereupon the said Sir John obtained heritable infeftment and that from a burdensome title and for sums of money, as is alleged in truth, albeit there proceeded no title onerous nor no sums of money delivered as is well known, and upon the said alienation the said Sir John at the least obtained a decreet of warrandice against the said Dame Elizabeth Stewart, as heir to her said late father, decreeing her to warrandice the same lands to him and his heirs, the said late James, earl of Moray, her father, being in good faith the time of the alienation and believing that he had right to make the same. Nevertheless, as the said Dame Elizabeth is informed, John [Erskine], now earl of Mar, has submitted himself to this present parliament, alleging that he is just heir of the late Robert [Erskine], lord Erskine, earl of Mar, who was served and retoured to the said whole lordship of Mar as heir to the late Elizabeth† Douglas, countess of Mar, and that by iniquity of time he has been excluded from the suiting of his right, desiring declarator of parliament that notwithstanding the long prescription of time, it should be lawful to him to suit reduction of all and whatsoever infeftments of the same earldom, or any part thereof, passed since to whatsoever person or persons by his majesty's predecessors, meaning directly to take away the infeftment made to the said Sir John Wishart of Pittarrow, which being taken away the warrandice thereof will strike upon the said Countess of Moray, contrary to all equity and reason, seeing her said late father was in good faith the time of the alienation and resignation thereof aforesaid, having a proscription for so long a time for his ground thereupon; and therefore, by all equity and reason, the said Dame Elizabeth, as heir to her said late father, ought to be relieved of all warrandice of the said alienation, and therefore desiring his majesty and lords of articles that in case it shall please them to grant declarator upon the said Earl of Mar's supplication, that in the latter end thereof, it may be provided that the persons who in good faith, grounded upon the long prescription of time, have made any disposition of the said lands of the earldom of Mar, or any part thereof, from a burdensome title, be relieved of all warrandice of any disposition of the same warrandice, notwithstanding of any pretence of title onerous or allegiance of receiving of sums of money contained therein; and especially that the said Dame Elizabeth, as heir to her said late father, may be relieved of the warrandice of the lands of the Brae of Mar, Strathspey, at the said Laird of Pittarrow's hands, notwithstanding of any sentence or decreet obtained or to be obtained against her as heir to her said late father thereof, as at more length is contained in the said supplication. The said Dame Elizabeth Stewart, countess of Moray and her spouse, for his interest, being present, together with Master Thomas Craig, their prolocutor, and the said John Wishart of Pittarrow, compearing in like manner personally, together with Master John Sharp, his prolocutor, which supplication being heard, seen and considered by his majesty and lords of articles, and they therewith being ripely advised, our said sovereign lord, with advice of the lords of articles of this present parliament, thinking most expedient that the aforesaid supplication, contents and desire thereof, should be entreated and agreed amicably for the greater amity to stand between the said parties in time coming, desired both the aforesaid parties to nominate certain friends on either side to whom they would refer the said matter. According to which, the said Dame Elizabeth Stewart and her said spouse, for his interest, being present as said is, nominated and chose David [Lindsay], earl of Crawford, Francis [Stewart], earl of Bothwell, Thomas [Lyon of Baldukie], master of Glamis, treasurer, and Alexander [Seton], prior of Pluscarden, or any two of them, as amicable judges for their part, and likewise the said John Wishart of Pittarrow, being in like manner personally present, nominated Archibald [Douglas], earl of Angus, George [Gordon], earl of Huntly, George [Keith], earl Marischal and William Douglas of Glenbervie, or any two of them, the said Laird of Glenbervie being one, as amicable compositors for his part, to whom both the said parties referred and submitted the aforesaid supplication and contents thereof and all matters debateable between the said parties depending or that might follow upon the desire of the said supplication, and has assigned to the aforesaid parties and judges the day of 8 August 1587, to convene within the burgh of Edinburgh to confer and treat upon the said debatable matters, with power to them to prorogate to 31 August and to pronounce their decreet concerning the premises between now and 31 August, providing always that the aforesaid judges convene in equal number on every side at all times; and howsoever the aforesaid judges shall pronounce and decide therein, both the said parties bound and oblige themselves to fulfil and obey their sentence and decreet arbitral to be given out by them thereupon; and his majesty and lords of articles have interposed and interpose their authority thereto and have granted and, by this act, grant full power to the aforesaid judges to proceed in the premises likewise as they might have done themselves in this present parliament. And further, his highness, with advice and consent aforesaid, declares that in case the aforesaid judges pronounce not their decreet amicable concerning the premises between now and 31 August 1587, that then and in that case all decreets already obtained by the said John Wishart of Pittarrow against the said Countess of Moray and her said spouse, for his interest, concerning the aforesaid lands of the Brae of Mar and Strathspey and all execution of the same decreets shall cease and be suspended until the contents and desire of the aforesaid supplication be taken cognizance of in the next parliament.
[1587/7/95]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of this present parliament have ratified, approved and confirmed and, by the tenor hereof, with advice aforesaid, for him and his successors, ratify, approve and perpetually confirm the heritable infeftment and charter granted to the late William [Ruthven], earl of Gowrie, lord Ruthven and Dirleton, his heirs and successors therein specified, of the title, earldom and whole living of Gowrie, lands, lordships, baronies, annexes and connexes thereof specially mentioned and contained in the said infeftment thereof, with all honours, liberties, freedoms and privileges of the same granted in the parliament held at Edinburgh on [...] November 1581. And further, our said sovereign lord, now after his perfect age of 21 years complete and general revocation made in parliament, has of new erected and, by this act, erects the lands, lordships and baronies aforesaid, with all annexes, connexes and dependancies thereof, in the said Earl of Gowrie, with the same honours, liberties and privileges that are contained in the said infeftments, and for him and his successors wills and grants that the same shall remain with James, now earl of Gowrie, lord Ruthven and Dirleton, his heirs and assignees, after the form and tenor of the said former infeftment, and of his own retour and sasine thereof given to him as son and heir to the said late William, earl of Gowrie. And likewise our said sovereign lord, with advice of his said three estates, declares that the aforesaid lands, lordships, baronies, annexes, connexes of the said earldom are not, nor shall not, be comprehended in the general annexation of kirklands to the crown, but are and shall be in all time coming excluded therefrom, to remain with the said James, earl of Gowrie, his heirs and successors forever, and ordains the same to be extended in the best form with all clauses needful.
[1587/7/96]*[print] [email] [cite] [preceding] [following]
†Forasmuch as David Cunningham of Robertland, Alexander Cunningham of Aiket, John Cunningham in Corshill and the remainder of their accomplices, committers under trust of the most vile, cruel and detestable murder of the late Hugh [Montgomery], earl of Eglinton, etc., being duly and orderly denounced our sovereign lord's rebels and put to his highness's horn for not finding caution to underlie the laws for the crimes aforesaid and others contained in the letters raised thereupon, whereupon letters of caption were directed, charging all and sundry sheriffs, stewarts, bailies and other magistrates within this realm to search, seek, take and apprehend and present the aforesaid rebels before the justice and his deputes to be punished for their demerits, and in the meantime, the committers aforesaid of the horrible and unmerciful fact above-specified, fearing apprehension, having the houses and places of Robertland and Aiket pertaining to them, lurked and conversed therein, to such time as his majesty and lords of his highness's secret council, having considered the lamentable estate of the cause aforesaid so abominably committed under trust, and that all occasion of their further residence and remaining in the country might be removed and their tyranny and insolence suppressed by act and decreet of secret council, it was decreed and ordained that the houses and places aforesaid should be detained and kept by his majesty's trusty and well beloved cousin Robert, master of Eglinton, and his servants in his name during the time of the rebellion of the said rebels, and further, until his majesty declared his express will in the contrary, and for the better keeping thereof during the said space, appointed six persons to be placed within the said place of Robertland and four persons within the place of Aiket, to be sustained upon the expenses of the readiest of the livings of Robertland and Aiket, allowing to every one of them £6 monthly, as at more length is contained in the said act and decreet of secret council of the date 13 August 1586; and albeit by these means the country where they made residence was some part pacified and the rebels aforesaid, for fear of apprehension, not resorting therein so publicly and openly as they were accustomed before the deliverance and taking of their houses, nonetheless, they yet not being content with the bloody and odious fact already committed by them, but also by their threatenings and daily watches and spies in the country intend not only to have the houses and places rendered to them, at the least their favourers and friends in their names, under colour of escheat or precept of some other pretended right, but also to commit the like bloody enterprise upon the said master of Eglinton and others, his friends and favourers in the country, to satisfy their blood thirsty appetite, tending through that as godless and lawless people to possess their rooms and be dominators of the whole country, such tumult may arise that the country hereafter is never able to be put to tranquillity without substantial remedy be provided thereto in time; our sovereign lord and three estates of this present parliament, having consideration of the premises and merits thereof, ratify, approve and confirm the aforesaid act and decreet of secret council and all and sundry points, articles and clauses contained therein, and decree and ordain the same to be put into further execution in all points after the form and tenor thereof. Moreover, his majesty, with advice and consent aforesaid, wills, declares and ordains the houses and places aforesaid to be still retained and kept by the said Robert, master of Eglinton, his friends and servants, to be sustained and kept upon the expenses of the readiest of the livings aforesaid by the number of persons contained in the said act, allowing to every one of them the sum of money monthly specified therein, and that until the rebels aforesaid have abidden and underlied the laws for the crimes aforesaid, notwithstanding of whatsoever relaxation, if any, shall happen to be procured in the meantime or any gift of escheat of the liferent of the persons aforesaid or other right granted or to be granted to whatsoever person or persons in the contrary.
[1587/7/97]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his perfect age of 21 years complete, with advice of the three estates of this present parliament, ratifies and approves the infeftment made by his majesty to his well beloved clerk and councillor Sir Lewis Bellenden of Auchnoull, knight, justice clerk, his heirs and assignees, of all and whole the lordship and barony of Ochiltree, with the tower, fortalice and manor place, yards, orchards, meadows, wards, parks and the Daling Holme mill, mill lands, mill holme, woods and fishings thereof, with the rights of patronages, advocation, donation of benefices and all other parts, pendicles and pertinents justly known to appertain thereto, with tenants, tenantries, services of free tenants and union and annexation of old and of new of the whole lands specially contained therein, united in one barony and lordship called the lordship and barony of Ochiltree in all time coming, with the dispensation of the sasine taken or to be taken in the same at the place and tower of Ochiltree for the said whole lordship, coming in his highness's hands and at his gift and disposition by alienation of the whole or most part thereof by the proprietors of the same for the time without his majesty's or his predecessors' consent had thereto, as at more length is contained in the infeftment aforesaid, together with the whole clauses and conditions thereof as are mentioned therein especially; and likewise ratifies and approves the said Sir Lewis's sasine also taken thereupon and decreet of recognition pronounced by the lords of council at the instance of the said Sir Lewis in the said matter; and wills and declares that the same infeftment shall be as sufficient to the said Sir Lewis, his heirs and assignees, for possession of the said lordship and barony, lands and others specially contained therein as if the said infeftment, with all clauses and conditions thereof, had been given by his majesty after his perfect age of 21 years and as the said decreet of recognition had preceded the said infeftment, supplying with all faults; and that the said act be extended in the most ample and large form by [Alexander Hay of Easter Kennet], clerk register, and his deputes.
[1587/7/98]*[print] [email] [cite] [preceding] [following]
†It is statute and ordained by our sovereign lord and three estates of parliament that where there are diverse of the bishops, abbots and prelates of this realm that have set their livings for certain sums of money to be paid to them for their liferents, as also have conveyed diverse and sundry pensions out of the two parts of their benefices, partly to their convents and partly to others, and for the readier and more sure payment have assigned the same to be taken up of the readiest of the said bishops, abbots and prelates' feu lands, which being now assumed and annexed to the crown, the said possessors will be put from there and the said prelates called for their warrant, which will be so great action and import such harm to them that they will never be able to sustain any honest rank; therefore our sovereign lord, having consideration that the said temporal lands are taken from the said prelates by act of parliament and law of our realm and dissolved from their benefices, so that no fraudulent deed can be alleged in the person of the said prelates, his majesty, with advice of his three estates, has ordained that the said prelates whose lands are assumed and annexed to the crown and dissolved from the said benefices, they shall be in no way held to warrant tack, pension, assignation or other disposition whatsoever made of the temporal lands of the said benefices, ferms or profits thereof to the possessors nor any others, but shall be free from all warrandice in times coming, notwithstanding any contract, pension or assignation thereof made in times past; providing always that where the said bishops, abbots and prelates by their own death have made double rights, either tacks, pensions, assignations or other dispositions of anything conveyed out of the said temporal lands, ferms and profits thereof to two or more several persons, possessors of the said temporal lands, or others whatsoever, they shall be held to warrant the said double rights made by them for their own deed and disposition only; and ordains the lords of our session and council to judge according to this act as one of the laws of our realm.
[1587/7/99]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented to our sovereign lord and lords of articles of this present parliament by Patrick, [arch]bishop of St Andrews, making mention that where his highness in the year of God 1584, for diverse great considerations and sums of silver delivered at his majesty's command, granted a pension of £600 and four chalders of horse oats to Patrick Adamson, son to the said archbishop, of the surplus of the thirds of the bishopric of St Andrews, which pension by his highness and three estates in parliament was confirmed thereafter in the parliament held at Linlithgow, notwithstanding since that time there have been diverse assignations and pensions conveyed out of the said silver and victual as if the same had fallen under his highness's revocation, desiring therefore his majesty's declarator in parliament that the same pension, granted in manner aforesaid and for the said causes, did not fall under his highness's revocation, and that all assignations and letters directed thereupon to any other person or persons since the said gift are null and of no effect, and the said bishop to be absolved therefrom as if they had not been given for the past terms only, as at more length is contained in the said supplication. Which being heard, seen and considered by the said lords of articles, they remitted the decision and answer to be given to the said supplication to the king's majesty, to be decided by him as he thought expedient, and howsoever his highness should pronounce and determine therein, the same to be of as great force as if it had been done by special consent of the said lords of articles; and according thereto, the king's majesty being personally present and having accepted the decision of the said matter in and upon him, he gave and pronounced his declarator in the said matter as follows: that is to say, his highness declared and declares that the aforesaid pension falls not nor did not fall under his highness's revocation made at any time before this act, but the same to have remained as a full and sufficient right to the said Patrick for possession of his said pension of all years, crops and terms past since the date thereof, and therefore all other assignations, pensions, decreets, letters, executions, hornings and other pretended titles of the said pension to have been and to be presently and from the beginning null, void, of no value, force nor effect with all that has followed or may follow thereupon, revoking, abrogating and annulling them, ratifying, approving and confirming the said Patrick's pension as said is for the said terms only, ordaining also the lords of session and exchequer to grant letters in accordance with to the said Patrick for answering him thereof and no others for the terms past, according to his highness's declaration.
[1587/7/100]*[print] [email] [cite] [preceding] [following]
†Forasmuch as in the parliament held at Linlithgow in the month of December 1585, our sovereign lord and three estates of parliament then convened, for extinction of all factions, sedition and strife fallen out by civil troubles that had occurred within this realm since his highness's coronation, and for other very good and necessary causes contained in the act of pacification made thereupon, decreed, declared and ordained not only that the persons forfeited of before during the said troubles, so many as are alive, and the heirs of them which are deceased, and all others dispossessed of their possession, which they and their predecessors had before respectively the forfeitures led against them or trouble moved to them in their livings and the beneficed persons, to be restored and repossessed likewise to their benefices, notwithstanding whatsoever decreets and sentences intervening that might appear to impede the full effect of the said repossession, but also decreed, declared and ordained that all and sundry persons yet alive which were provided to benefices and pensions and were debarred from there by sentence of forfeiture or barratry etc., shall be restored in its entirety to their said benefices and pensions; and then his highness and estates aforesaid retreated and reduced whatsoever provision thereof to any other persons by reason of the said sentences, and restored the said persons first provided and debarred from there in its entirety to the said benefices and pensions and in the same estate and case wherein the same were before the said sentences, etc., as the same act of parliament at more length purports; notwithstanding whereof, many of the said beneficed persons' provisions, rights, titles and other evidences, as well of their benefices as of their lands, being omitted, lost or destroyed through their absence and troubles aforesaid at the times of the apprehension, downcasting and plundering of their houses and fortalices, or otherwise by the said troubles, other persons in their absence craftily obtained and procured new provisions and other pretended titles of their said benefices to which the said persons, purchasers thereof, never had any right, title or provision of before, and thereby have moved great question and lawsuit against the forenamed persons dispossessed by the said troubles in their said benefices, which will not fail to tend to their great hurt unless timely remedy be provided. And forasmuch as it is well known that Lord Claud Hamilton, commendator of Paisley, was provided to the parsonage and vicarage of Cambuslang and was in possession of the same and whole teinds, fruits and emoluments thereof as parson of the same, so reputed and held by the space of seven years and more preceding the pretended doom of forfeiture led against him in the said last troubles, and also his rights, titles and provisions thereof so scattered, lost and dispersed by his absence and troubles aforesaid that he cannot, after sufficient diligence, find the same again, through which Master John Howison, minister, procured and obtained from the kirk or otherwise some presentations, gift, disposition and provision of the said parsonage and vicarage of Cambuslang during the said Lord Claud's absence and troubles above-mentioned, and thereby daily has moved action and controversy against the said Lord Claud Hamilton for the same. For remedy whereof, our said sovereign lord and three estates of parliament retreat, rescind, abrogate and annul all and sundry presentations, gifts, provisions, admissions, institutions and other titles whatsoever made or granted to the said Master John Howison or any others of the said parsonage and vicarage of Cambuslang during the time of the said forfeiture, banishment or absence of the said Lord Claud Hamilton, whereof the said Lord Claud was in peaceable possession as titular thereof, so held, reputed and commonly esteemed without contradiction of any other having or pretending title to the said parsonage and vicarage by the space of seven years immediately before he was dispossessed from there by the said troubles and forfeiture, without interruption, and whereunto the said Master John Howison had never any right, title nor provision before the same troubles, with all decreets following or that may follow thereupon; and in that case our said sovereign lord and estates of parliament decree and declare that the said Claud, commendator of Paisley, as he who was forfeited and dispossessed and seven years of before in peaceable possession as said is, without interruption, as held, reputed and esteemed titular of the said benefice of Cambuslang, the premises being verified and proven, shall never be bound in times coming to show any provision or other title of the said parsonage and vicarage of Cambuslang, neither in pursuit nor defence of any actions concerning the teinds, fruits and rents thereof, but to possess the same as founded in common law, without further question or contradiction during his lifetime as he did before the said forfeiture led against him and before he was dispossessed as said is.
[1587/7/101]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his lawful and perfect age of 21 years complete, ratifies and approves and, by the tenor hereof, with advice and consent of his three estates of parliament presently convened, perpetually confirms the letters of gift, donation and disposition therein contained made and granted by his highness to his beloved Claud Hamilton, lawful son to his majesty's well beloved cousin and councillor Lord Claud Hamilton, commendator of the abbacy of Paisley, for all the days of the said Claud's lifetime, of the benefice of the same abbacy of Paisley, with the whole fruits, dignities, profits, emoluments and others whatsoever contained in his majesty's letter of gift of the same abbacy of Paisley pertaining, or that may pertain, or which in any time past has pertained, thereto, together with the express reservation inserted in his highness's said gift, reserving to his said well beloved cousin and councillor, then resigner and titular of the said benefice, the whole fruits of the same, powers, dignities, privileges, jurisdictions and others whatsoever comprehended in the reservation aforesaid made thereupon, engrossed in his highness's said letter of gift, and all other provisions, conditions, reservations and others whatsoever therein contained, as the letter of gift and donation of the date at Holyroodhouse on 31 May 1586, under his majesty's great seal, at more length purports, in all points, articles, clauses and circumstances thereof, after the form and tenor of the same. Moreover, our said sovereign lord decrees and declares that his said letter of gift and donation is and shall be in all time coming good, valid, effectual and of sufficient strength, force and efficacy to the said Lord Claud Hamilton and his son above-mentioned during either of their lifetimes successively, to the effect contained in his majesty's letter of gift, and for the whole fruits, mails, ferms, duties of lands, mills, multures, woods, fishings, teinds and others whatsoever contained in the letter of gift pertaining or that may pertain to the said benefice, without any exception or diminution thereof, notwithstanding whatsoever acts of his majesty's parliament, statutes, laws and constitutions made or to be made that might or may appear to annul, hurt or prejudice his highness's said letter of gift, in whole or in part, dispensing, likewise by this act his highness dispenses therewith and renounces the same forever in that behalf, of the which letter of gift, disposition and provision the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all his good men whom the present letter reaches. Let it be known that we, for the good, loyal and faithful service rendered to us by our most loyal kinsman Claud Hamilton, commendator of Paisley abbey, which has before now been proved at various times and of which we have definite experience, and for other good considerations which influence us, have given, granted and conveyed to our beloved Claud Hamilton, legitimate son of our foresaid very loyal kinsman Lord Claud Hamilton, for all the days of his life, the benefice of the abbey of Paisley; and that we have made, arranged and ordained as we have done, arranged and ordained by the contents of the present document the said Claud Hamilton indubitably and irrevocably commendator of the same, giving, granting and consigning to him for the duration referred to the care, direction and administration of the same, with all the honours, privileges and immunities pertaining to the same, together with, all and singly, the lands, lordships, regalities, baronies, mills, woods, fisheries, buildings, mansions, castles, towers, fortalices, orchards, gardens, meadows, parks, tenements, tenants, tenancies, services of freeholders, churches, offices of rector and vicar, teind sheaves, other teinds, and any profits, annualrents, incomes, dues, kanes, customs and other advantages relating and justly worthy of relating, or which in the past pertained to the said monastery, wherever they lie within our kingdom; also with advocation, donation and right of patronage of all churches, prebends, benefices and chaplaincies pertaining of old to the said monastery; notwithstanding that the same appear able to be devolved to us and our successors by any laws, acts of parliament, statutes and constitutions of our kingdom. This monastery with all its lands, lordships, baronies, regalities, lands, tenements, mills, fisheries, mansions, teinds and other things mentioned above are now vacant, in our hands, and at our disposal, through the surrender and resignation of them made by the said Lord Claud Hamilton mentioned above which were accepted and received by us so that we could provide such a person as we considered ought to be provided for the said monastery, reserving entirely, to the said Claud who is surrendering them, for all the days of his life all the fruits of the said monastery, with the gift regarding these of conveying and of making leases, feu ferms and rentals of the same in the manner mentioned above, as in the said surrender which makes fuller mention of the same and to which our charter makes special reference. This with full gift and freedom to the said Claud Hamilton, the foresaid commendator, for the duration of his life after the demise of the said author of the surrender, or in his time with his own consent, of arranging in feu ferm long or short leases and rentals of patrimonies, both spiritual and temporal, of the said monastery to any persons in a way which is not inconsistent with the laws of this realm. [We grant] the authority to withdraw, retract and rescind, all and singly, the leases, rentals, infeftments, pensions, other rights and any titles made by any commendators or abbots of the said monastery at any time in the past, and to bring, within the laws of our realm, a specific action, undertake and pursue it; also the authority to exercise jurisdiction over the foresaid lordships, baronies and regalities, through the bailies already constituted or to be constituted for the administration of justice, and appointing bailies, stewards and other members of court necessary for this purpose as often as is needed, hereditarily or for a limited time, and to bring in and receive the heirs and successors of the said feu ferms or freeholders of the said monastery, through brieves or otherwise receive them by surrender of hereditary tenancies; also by infeftment make, put together and agree the fruits, rents and dues of the said monastery, and receive and levy them, and to make, create and appoint factors and chamberlains for this purpose as is necessary, and to summon, prosecute and pursue as necessary in respect of the said fruits, rents, profits and emoluments of the said monastery; also to convey and turn to his own use and generally to do, use and exercise, all and singly, everything which any other commendators or abbots of the said monastery or of other monasteries within this realm have been or are able to do in respect of the foregoing; and in all respects to possess, enjoy and use the said monastery with all its fruits and profits just as any other commendator or abbot has treated and possessed the said monastery in any time past, without any counter claim, impediment, obstacle or repeal, with supplement of all errors and defects which exist or could befall the person of the said Lord Claud Hamilton who surrendered the foresaid or the person of the foresaid Claud Hamilton promoted to the present positions as has been said, for any past cause of whatever condition or quality it was, and with supplement of all other errors, specified or not, which we regard as if expressed from the fullness of our gift and by the wording of the present document; this while entirely reserving to the said Lord Claud Hamilton for all the days of his life, all and singly, the fruits, profits, dues and casual profits of the said abbey, lands, lordships, baronies and regalities of the same, the mills, woods, fisheries and other things specified above for the duration of his life, with the privileges and advantages of the office of commendator of the said monastery, and with full freedom to rent and convey the patrimony, both spiritual and temporal, of the said monastery in feu ferm rental, and long and short leases and to bring in freeholders and those on feu ferm of all the lands, lordships and tenements, castles, towers, fortalices and any other things held by the said monastery by brieves or precepts of clare constat or by other means as required within the laws of our realm, and to receive surrenders of all tenancies for new infeftments made in their place, and to set fines and payments and receive them for his use and disposal; this similarly as freely, quietly, as if the said surrender had never been made and as if Claud Hamilton had been able to do these things before its completion. Besides we wish and grant, and for ourselves and our successors decree and ordain that if it should happen (which God prevent) that the said Claud Hamilton who is now provided for in this document should die a natural death before the said Lord Claud, or himself live after the demise of the said Claud, then in that case the said Claud Hamilton, then as now and now as then, without any other provision, unless by virtue of the said surrender and reversion contained in our letter, should return and have full regress and access to legal right and title of the property of the said abbey to enjoy peacefully and of possession by him, as freely and securely as he could have done before the said surrender and further as if it had never been made. Therefore we instruct, all and singly, our subjects and lieges as necessary to respond promptly, pay attention to and obey our said Claud Hamilton regarding the fruits, emoluments and dues of the said abbey for the period mentioned above, notwithstanding that the said provision has been completed for the said Claud Hamilton through the handover of the said Lord Claud Hamilton, his father; and this with reservation of all fruits and the gift of administering the said monastery after the said surrender, and with regress of the said author of the resignation in the event of the decease of the foresaid Claud Hamilton who has been provided with it at present, or of any other clause which could appear to weaken or invalidate the said provision or any other article, condition or circumstance; also notwithstanding any acts of parliament, laws and resolutions made or to be made to the contrary, with which we with our royal gift and power have dispensed or shall dispense, and specially with the act of parliament passed at Edinburgh on 22 May in the year of the Lord 1584, regarding the succession of prelates through the surrender of their close kinsmen to make provision for their kinsmen, with reservation of fruits to themselves for the duration of their lives, because the said act was completed for my grace and favour, and so we when we can dispense with it prevent our advocate present and future from any pursuit and prosecution by virtue of the said act or of any other resolution or ordinance. Further, we instruct the lords of our session and all our other judges and servants of our laws and, all and singly, our lieges that no-one should presume to undertake anything directly or indirectly to the loss or prejudice of this letter of ours, or against it, providing in every way that the said Claud Hamilton who is now provided to the said monastery and the said Claud, the present commendator of the same, are subject to preserving and guarding the post which is being created for the maintenance of the ministers so that they may serve the churches of the said monastery, with their stipends allocated to our third following the act of our parliament formerly carried or any other arrangement which is established. In testimony of which we have instructed our great seal to be applied to the present letters. At Holyroodhouse on 31 May in the year of the Lord 1586, and in the nineteenth year of our reign.
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†Forasmuch as notwithstanding process and doom of forfeiture was led and given against Master Archibald Douglas, parson of Glasgow, for certain crimes contained in the said process, and that the said Master Archibald is in no way restored by parliament, and nevertheless, our sovereign lord has by his letters granted to him the benefit of his pacifications before, which gave occasion to his highness's servant, Walter, commendator of Blantyre, keeper of his highness's privy seal, to deal with him in diverse tacks, assedations and other securities upon the fruits, teind sheaves and other profits of the parsonage of Glasgow, who has made final end with him upon the said securities in good faith, taking him to be fully received in our sovereign lord's favour; therefore, our said sovereign lord and his three estates in parliament, in no way willing that the said commendator shall be in any way prejudiced in the said tacks, assedations and other securities made to him of the teinds, fruits and duties of the said parsonage, but that the same shall stand firm, sure and stable to him in time coming, decree and ordain the said tacks, assedations and other securities whatsoever made by the said Master Archibald to the said commendator at any time preceding the date hereof to stand in full force, strength and effect, and that the said commendator, his heirs and assignees shall possess and enjoy the teind sheaves and other duties specified therein after the form, tenor and conditions contained in the same, notwithstanding any question that may be opposed by reason of the estate of the said Master Archibald, his person, or any other manner of way. And further, our sovereign lord and his three estates decree, statute and ordain that neither the said Master Archibald himself nor any other provided at any time before, or that hereafter shall be provided to the said parsonage, shall be heard to impugn the said tacks, assedations and others above-specified more than if the said Master Archibald were fully restored in this present parliament.
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†Our sovereign lord, with advice of his highness's three estates of this present parliament, remembering the good, true and thankful service done to his majesty, his realm and lieges by Master Edward Bruce, advocate, one of the commissaries of Edinburgh, and to the effect he may be the more able to continue therein, has ratified, approved and confirmed, likewise his highness, with advice aforesaid, for him and his successors, ratifies, approves and perpetually confirms the gift and pension made and granted by his majesty to the said Master Edward of the abbacy of Kinloss, through demission of Walter [Reid], last commendator thereof, and now usufructuary of the same, in all heads, points and clauses contained therein, declaring the whole right and title of the said benefice to have been in the person of the said Master Edward since the date of his provision, which is of the date at Perth, 27 July 1583, and that the said Master Edward had the full dominion of his benefice in his person since the time aforesaid and had only power to set the feus of the temporality of the same, notwithstanding of the usufructuary reserved to the said Walter; therefore, his majesty, with advice aforesaid, for him and his successors, ratifies, approves and perpetually confirms all and sundry feus set by the said Master Edward to whatsoever person or persons of the temporality of the said benefice, or any part thereof, which are confirmed by his majesty before the date hereof, and rescinds, abrogates and annuls all and whatsoever infeftments made and granted by the said Walter to whatsoever person or persons of the patrimony of the said benefice, or any part thereof, at any time preceding the day and date of this act, whereupon no confirmation was granted and passed by our said sovereign lord before the date of the said Master Edward's provision; and declares the same to have been from the beginning and to be in all times coming null and of no value. Moreover, our said sovereign lord, with advice of his three estates aforesaid, has ratified and approved and, by this act, for him and his successors, ratifies, approves and perpetually confirms the letter of tack and assedation set by his majesty, with advice of the lords of secret council, of exchequer and collector general, to the said Master Edward during all the days of his lifetime, of all and whole the thirds of the abbacy of Kinloss, victual, silver, kanes, customs and duties thereof for the yearly payment of 500 merks to our sovereign lord and his collector general and to the ministers and readers resident at the proper kirks of the said abbey, their stipends assigned to them, of the date at Holyroodhouse on 28 May 1586, in all points, articles and clauses thereof; and by this act declares and ordains the said letter of tack to have been from the beginning and to be in all time coming during the said Master Edward's lifetime a sufficient right and title for using and possessing of all and whole the thirds of the said benefice, according to the tenor thereof, and the force and strength of the said letter of tack in no way to be derogated nor prejudiced by our general revocation made in this present parliament, nor by any other revocation preceding, neither yet by whatsoever law, statute or ordinance made and concluded by our said sovereign lord and his three estates in this present parliament, to the which whole revocation, acts, laws, statutes and ordinances this act shall make full derogation and the said tack shall stand in the own strength, force and effect, notwithstanding thereof, so that the said Master Edward may peaceably possess and enjoy the said thirds according thereto. And forasmuch as by act made in this present parliament the whole temporal lands of the benefices within this realm are annexed and united to the patrimony of our sovereign lord's crown and dissolved from the benefice thereof, it is specially provided that the present possessors of benefices within this realm shall be recompensed by our said sovereign lord for the loss and damage sustained by them through the annexation, which provision and benefit of recompense our said sovereign lord, with advice aforesaid, declares by this act to be extended to the said Master Edward Bruce, titular of the said abbacy of Kinloss, as amply in all respects as if he were or had been real possessor of the said benefice before the making of the said act or whatsoever benefit and recompense shall be granted to the said Walter, now usufructuary of the same, the said Master Edward to possess and enjoy the like commodity and recompense after the decease of the [said]† Walter during all the days of the said Master Edward's lifetime.