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†Our sovereign lord, after his lawful and perfect age of 21 years complete and general revocation, with advice and consent of his three estates in this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the charter and confirmation made and granted by his highness under his great seal to his well beloved and familiar councillor Alexander, late commendator of Pluscarden, and his male heirs specified therein, of all and sundry the lands, lordships, baronies, immunities, regalities and privileges thereof pertaining of old to the priory and monastery of Pluscarden, with the mills, multures, salmon fishings, woods, parks, forests, mansions, manor places, teind sheaves, other teinds, mails, annualrents, kanes, customs duties, tenants, tenantries, service of free tenants, yards, orchards and all profits, rights and emoluments pertaining and belonging to the said monastery and priory and whereof the priors thereof have been in use and possession in any times past, of the which charter and confirmation the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that we, now after reaching our age of 21 years, in order to keep a promise made by the word of a prince to the following effect in the charter and infeftment detailed below and for the reasons contained in them, with the advice and consent of the three estates of our realm now gathered in the same parliament, have ratified, approved and for ourselves and our successors in perpetuity confirmed the charter, infeftment, donation and disposition contained in it made by us and granted after our completion of our age of 21 years, under our great seal, to our beloved familiar and councillor Alexander Seton, for a long time past commendator of Pluscarden and his legitimate male heirs, whom failing Master John Seton of Barns, knight, his brother and his legitimate male heirs, whom failing William Seton, his brother, and his legitimate male heirs, whom failing any of the male heirs of the said Alexander bearing the name and arms of Seton, of, all and singly, the lands, baronies, immunities, regalities and privileges of the same and pertaining to the foresaid priory and monastery of Pluscarden from of old, with mills, multures, salmon traps, woods, parks, forests, mansions, manors, teind sheaves, other teinds, ferms, annualrents, kanes, customs, dues, tenants, tenancies, services of freeholders, gardens, orchards, and all profits, rights and emoluments relating and pertaining to the said monastery and priory, and of which the priors and community of the same in some past time were in use or possession; these lands, lordships, baronies, immunities, regalities, privileges and other things specified by name above were expressed and inserted in our foresaid infeftment, together with the right of patronage of offices of rector and churches of Urquhart, Bellie, Dalcus and Durris specified, designated and erected in the said infeftment and lying within our sheriffdom of Elgin and Forres. All and singly, these lands, baronies with mills, multures, woods, fishtraps, teind sheaves and other things specified above, we, by the wording of the present charter and infeftment, have unified, annexed and incorporated into one temporal lordship and barony to be called Urquhart and to be called that for all time to come, in favour of the foresaid Alexander and his heirs male and entailed, and to this effect we have dissolved the said abbey and monastery of Pluscarden and treat them as suppressed, and with the consent of our collector general we renounce all right and title of right which we had or have or could have to a third of the fruits of the foresaid benefice, and we have given and granted to the forenamed Alexander and his foresaids various other privileges, freedoms and immunities of the forementioned and concerning them; they are to be held from us and our successors in fee and heritage and free barony in perpetuity for the annual payment of the sum of 700 merks of the usual currency of our realm as blench ferm, just as the said charter and infeftment completed and granted at Falkland in July in this year of the Lord 1587 contains at greater length, in each and every one of its points, clauses and articles; following its contents and for the reasons contained in it and clearly appreciated and explored by us and by the said orders of our parliament, and approved in terms of acknowledgement and truth of the case, accordingly we have decreed and ordained and by the contents of this charter of ours do decree and ordain that the said charter and infeftment is and will be for all time to come good, valid and effective, in favour of the foresaid Alexander and his male heirs as mentioned above, and of sufficient robustness, efficacy and effect in all its points to the effect contained in it following the contents of the same; notwithstanding any other acts, statutes, laws and resolutions passed or to be passed which could or seem to be able to damage, annul or prejudice the same, by dispensing with them and repealing them in perpetuity by means of the present document; with supplement of all defects whether named or not which we wish to be as if expressed in this confirmation of ours. Further, we decree and ordain that this confirmation of ours is and will be of such strength, robustness, efficacy and effect as if the said charter and infeftment had word for word been inserted at greater length in this confirmation of ours. Also we have ordained that one special act of ratification is to be made in our parliament now in session regarding the contents and to the above-mentioned effect, and that the said infeftment, as is necessary, is to be included in it. In testimony of this, we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton etc., commendator of our monastery of Arbroath, Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy etc., Lord John Maitland of Thirlestane, knight, our chancellor and secretary, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Walter [Stewart], commendator of our monastery of Blantyre, warden of our privy seal, our beloved familiars and councillors Alexander Hay of Easter Kennet, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master Robert Scott, director of our chancellery. At Holyroodhouse on 29 July in the year of the Lord 1587, and in the twenty first year of our reign.
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†Our sovereign lord, understanding that in the parliament in August 1584 there was an act made in favour of a reverend father Patrick [Adamson], archbishop of St Andrews, abrogating and annulling diverse pensions conveyed by the said reverend father himself to sundry particular persons out of the said benefice, they never being lawfully called nor convicted of any crime, whereby they were compelled, to their great hurt, to seek their said pensions to be renewed, confirmed and conveyed of new to them by the said reverend father, likewise the said reverend father has of new conveyed the said pensions to the said persons for the most part, albeit of before they had the same lawfully confirmed by our sovereign lord, with decreets of the lords of session and possession following thereupon; therefore, with advice of his highness's three estates of parliament, retreats and annuls the said former act and declares that the rights of all pensions conveyed lawfully out of the said benefice of before shall be as valid and effectual to the possessors and titulars thereof for the peaceable possessing of the said pensions of all terms past and to come during their lifetimes, according to their rights, as if the said act had never been made.
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†Our sovereign lord, with advice of his three estates of parliament, now after his perfect age of 21 years complete, ratifies and approves and, for his highness and his successors, perpetually confirms the gift and donation made by his majesty before to John Ruthven, son lawful of his late right trusty cousin and councillor, William [Ruthven], earl of Gowrie, lord Ruthven and Dirleton, etc., of the gift of the abbacy of Scone, whole fruits, profits and emoluments thereof, for all the days of his lifetime, as then vacant in his highness's hands for the reasons and causes contained in the said other letters of gift, which are of the date at the castle of Stirling on 7 May 1580; and further, our said sovereign lord, now after his perfect age of 21 years complete, of new gives, grants and conveys to the said John, for all the days of his lifetime, the said abbacy, with all fruits, profits and emoluments thereof in the estate wherein the same now stands, to be possessed by him during the space aforesaid without any revocation. And forasmuch as by the erection of the said earldom the lands, lordships and baronies thereof which of before pertained to the abbacy of Scone are separated from there, our said sovereign lord, with advice of his said three estates in the parliament held at Edinburgh on 29 November 1581, ordained and commanded the collector general and lords auditors of his highness's exchequer to alter the assumption of the third of the said benefice of Scone and to make the just third of the whole rents thereof resting over the yearly feu mails and duties of the said temporal lands, of the which the said earldom was erected as said is, and to assume the said third out of the readiest of the duties, either money or victuals, paid for the kirks and teinds of the said abbey beginning at the crop and year of God 1581, and so forth yearly in time coming, until further order were taken by his highness, with advice of his estates in parliament, and that there should [...]† more be assigned to be paid out of the third of the said abbey, either ministers' stipends or in payment of whatsoever pensions, gifts or other assignations accustomed to be paid out of the third of the said abbey of before but according to [the third]† to be then newly assumed, as the said act of parliament of the date aforesaid at [more]† length purports; according to the command whereof, the lords auditors of our sovereign lord's exchequer, on 20 April 1586, received the rental of the said abbacy of Scone, as the same now stands, and interposed their decreet thereto that the same might stand for the just rental of the said abbacy in the estate wherein it now is in time coming, as an act made thereupon of the date aforesaid at more length purports; which act of parliament and act and decreet of the said lords of exchequer following thereupon, our said sovereign lord and his said three estates of parliament ratify and approve. And further, by the authority of this present parliament, our said sovereign lord, with advice of his said three estates, statutes and ordains that the said act of parliament and act and ordinance of the said lords of exchequer following thereupon shall stand in full strength, force and effect in all time coming, and that the said abbacy shall be no further burdened with the third nor any other charge or burden which may be laid upon the said abbey but according to the present estate of the fruits thereof, nor yet shall the same be in any way stented and taxed in any other charges or impositions but proportionally as the same now is of value; excepting the canons' portions, which of the consent of the said commendator and Sir Lewis Bellenden of Auchnoull, knight, justice clerk, his administrator, are liquidated, every one of them to the sum of 50 merks yearly, whereof they shall make yearly payment to the treasurer and his deputes according to the act of parliament made [concerning]† monks' portions, canons' and nuns' portions after the form and tenor thereof, and ordained the same to be extended in the best form with all clauses needful.
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†Our sovereign lord, after his highness's perfect age of 21 years complete, with advice of the three estates of this present parliament, ratifies, approves and confirms the gift and disposition made of before by [Mary], our sovereign lord's dearest mother, to Master James Haliburton, provost of Dundee, of all and whole the town and lands of Clin, with the place, yards, orchards, meadows, corns, crofts, mill and acres adjacent to the town of Clin, with the wood and park thereof, with the sheep steadings adjacent and pertaining thereto, called the Mains Hill and Pettevie, and also to the town and lands of Over and Nether Durdrie, with all their pertinents, lying within the sheriffdom of Perth, which were sometimes a part of the patrimony of Scone and were conveyed to the said Master James for all the days of his lifetime, with all points, articles and clauses specified therein. And further, our sovereign lord, with advice aforesaid, after his highness's general revocation, gives, grants and conveys the said pension to the said Master James for all the days of his lifetime, with power to him to possess and enjoy the said lands and others before specified as freely in all respects as any liferent does within this realm.
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†Our sovereign lord and three estates of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the charter of annexation and mortification of the parsonage and vicarage of Govan, lying within the diocese of Glasgow, with all and sundry teinds, profits, emoluments, glebe and kirkland of the same, annexed, given, granted and mortified by his highness to the college of Glasgow by his charter under his great seal of the date 13 July 1577, after the form and tenor of the foundation inserted at length in the said annexation, as the same at more length bears, together with another annexation made by the provost, bailies, council and community of the city of Glasgow to the said college, of all lands, tenements, houses, yards, annualrents, lying as well within the freedom of the said city as in any other part within this realm, which pertained of before to whatsoever order of friars, altars or chaplainries of whatsoever kirk situated within the said city, and of all other profits and commodities contained in the said annexation, as is at more length contained in the same, which lands, with the annualrents, other profits and commodities aforesaid, by [Mary], his highness's late dearest mother of worthy memory, were conveyed to the said provost, bailies, council and community, and thereafter were annexed by them to the said college for sustenance of the masters, regents and students in the same, after the form and tenor of the said annexation of the date of 8 January 1572 [1573], which disposition made by our said sovereign lord's dearest mother in manner aforesaid to the said provost, bailies, council and community of the lands, annualrents and others above-written, his highness ratifies and approves and, for him and his successors perpetually confirms, together with the donation, union and annexation made by the archbishop for the time, with consent of the chapter of the same, to the said college of the customs of the tron weights and of all merchandise and gear used to be weighed at the said tron, with all measures great and small used within the said city of Glasgow and liberty of the same, ratified and approved of before by his highness's letters under his privy seal, as at more length likewise is contained in the same, together with the immunity granted by his majesty of before to the said college that the whole rents of the same shall be in all times coming free of all taxations and impositions, as in the said letter of the date 26 May 1579 at length is contained, together with all and sundry liberties and privileges granted to the said college of old by whatsoever persons. Moreover, his highness, for the ardent zeal and affection which he has and bears to the propagation of good letters and sustenance of the professors thereof, of new has given, granted, annexed and mortified and, by this act, gives, grants, annexes and mortifies to the said college and to the principal masters, regents, students and other officers specified in the said foundation and to their successors in all time coming all and sundry the aforesaid lands, with the rents, tenements, annualrents, teind sheaves, other teinds, customs forenamed, immunities and privileges specified particularly in the foundations, annexations, mortifications and donations respectively above-written and after the form, tenor, circumstances and conditions contained in the same, and that notwithstanding the annexation of the ecclesiastical lands lately annexed to the crown of this realm and the general revocation or other restoration whatsoever, in the which his highness wills and declares the said lands, tenements, annualrents, customs, teinds mortified and annexed to the said college as said is in no way shall be comprehended.
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†Our sovereign lord and three estates of this present parliament, understanding that the New College of St Andrews, of all the colleges of this realm, is only appointed for teaching of tongues and theology and for the training up of learned men and qualified persons to the ministry, as well for the maintenance of the truth against the adversaries of the same as in instructing of the ignorant, of the which learned ministry there is a great decay and scant number within this realm; and that the rents of the aforesaid college (which were given in time of blindness and in no way helped but much hurt since the light of the evangel) be very small and always unable to sustain the few number of present masters and bursars, besides others founded persons, the fabric of the place and common affairs, and diverse promises were made after the reformation of the said college by our said sovereign lord's commissioners for the augmentation as well of the stipends of masters as of the number of bursars therein, nevertheless, nothing has been done thereupon and a great part of the small rents thereof have been lately otherwise conveyed and specially assigned to ministers in their stipends against the old foundation, our said sovereign lord's reformation and diverse promises, and specially obligation in writ made to the masters of the said college for setting in tack the parsonage of Conveth, which otherwise might have been a great supply and help to the aforesaid college, to the great hindrance of learning and godliness and decay of the sacred ministry, with the fall of that most necessary and godly work; therefore our said sovereign lord, now after his lawful and perfect age of 21 years complete and general revocation, with advice of the said three estates in this present parliament, ratifies, approves and confirms all privileges and immunities granted of old by his highness's progenitors or by himself to the said college and the old foundation thereof, especially so far as it helps the aforesaid privileges and rents with the late reformation concerning the tongues and theology and the act of repossession and restitution of the masters of the said college. Also our said sovereign lord, with advice of his said three estates, ratifies and approves the gifts of prebendaries, commons, chaplainries, annualrents, mails and other duties specified therein, of the date of 31 January 1586 [1587], and statutes and ordains that the said college be free in all times coming from paying of any part of stipend to any minister or reader serving at the kirks thereof. And to the effect the ministers and readers serving at the kirks of the said New College may be sufficiently provided of their stipends or otherwise, our said sovereign lord and estates aforesaid have remitted and remit the same and order to be taken therewith to the lords commissioners to be appointed for modifying of the ministers' stipends, and whatsoever they appoint, ordain and determine therein, the same to have as great strength, force and effect in time coming as if it had been done by his majesty, with advice of the said three estates in this present parliament.
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†Forasmuch as in the parliament held at Linlithgow in the month of December 1585, because certain spiritual persons who were banished or otherwise exiled themselves out of the realm of before were prejudiced by their absence concerning their rights and titles of their benefices had by them preceding the said act, whom the king's majesty, by advice of his estates, thought good to reinstate and restore wholly, and thereupon made ordinance that decreets given by his majesty's privy council at any time of two years preceding the said act should not be prejudicial to them in so far as trial was not taken by the judge ordinary, ordaining such decreets to be of no value and the persons dispossessed to be repossessed to the strength and vigour of the said act, the execution of the which act was meant to have been towards the beneficed persons exiled and absent out of the realm and not to such as were present and had place to compear and use defences; and, willing as is most reasonable, that the decreets given against parties compearing and defending should have full effect, which ought not to be comptrolled again by inferior judges, and especially the decreet of secret council given and pronounced in favour of Master Peter Denniston against Patrick Gates concerning the right of the parsonage and vicarage of Duns, bearing the said Patrick Gates the time of the giving and pronouncing of the aforesaid decreet to have compeared personally before the said lords of secret council, as the said decreet of the date at Holyroodhouse on 23 February 1584 [1585] at more length purports; therefore, his majesty, with advice of the three estates of this parliament, decrees and declares that the aforesaid act of parliament made at Linlithgow shall in no way be extended nor be interpreted in favour of the said Patrick Gates, whom against the aforesaid decreet was given during the said two years in favour of the said Master Peter Denniston in the court of appeals, the said Patrick Gates compearing personally as said is the time of the pronouncing of the aforesaid decreet; and therefore ordains the same decreet of the date above-written to stand in the full strength, force and effect as if the aforesaid act of parliament had never been made.
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†Our sovereign lord, with advice of the three estates and whole body of this present parliament, ratifies, approves and perpetually confirms a charter of donation and concession therein contained, made and granted by his majesty, with consent of his late dearest grandfather, Matthew [Stewart], earl of Lennox, lord Darnley, his highness's regent for the time, to his beloved clerk, Master David Lindsay, minister at Leith, his heirs and assignees, of all and sundry lands, tofts, crofts, annualrents, mills, multures, parts and pendicles whatsoever, wherever the same lie in any part within this realm, which pertained to the friars Carmelite, sometime situated beside the burgh of Inverbervie, together with his highness's late charter of confirmation made and granted thereupon, comprehending a new donation and disposition of the aforesaid whole lands, with the pertinents; decrees, statutes and declares, with advice aforesaid, the aforesaid charters and each one of them to be valid and of sufficient force, strength and effect to the said Master David and his aforesaids, whereby they may peaceably use, enjoy and possess all and sundry the aforesaid lands, with the pertinents, perpetually in time coming, notwithstanding whatsoever act, law, statute, proclamation or inhibition, special or general, made or to be made in the contrary; concerning the which his majesty, with advice and consent of the said three estates, for him and his successors, by this act, dispenses forever, saving and reserving always the feu mails indebted out of the same to the hospital of Montrose, according to the original charter made to the said Master David and the gift made to the hospital thereupon, subscribed by our said sovereign lord.
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†Our sovereign lord, with advice of his three estates assembled in this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the letter made by his highness, with advice of the lords of his secret council and of his collector general, making his beloved daily servant Thomas Hudson, musician, master of his highness's chapel royal and commissioner to the effect specified in the said letter, and of the yearly fee contained therein, as the same of the date of 5 June 1586 at length bears, and ordains the said letter to have full effect and execution, not only concerning his highness's chapel royal of Stirling, but his highness's other chantry colleges, whereupon his majesty grants like power and commission to the said Thomas as upon his highness's own chapel royal, saving to all parties their own titles and rights to which they [were]† lawfully and orderly provided, and that this present ratification and commission shall be no prejudice to the order to be taken by the lords modifiers of stipends of ministers concerning the provision of the ministry of the kirks annexed to the said colleges, and discharges all other commissions and gifts toward the ordering of the said colleges or intromission and taking up of any parts of the rents of the same, except that which is conveyed to ministers and readers actually serving at the kirks annexed to the said colleges, or to students for seven years actually remaining at their study, to the condition of the gifts made to them thereupon.
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†Concerning the articles presented to the lords of the articles of this present parliament, making mention that Robert, earl of Orkney, by virtue of a general clause, namely, with patronage and donation of all the benefices existing in that place, contained in the infeftment made to him by [Mary], his highness's dearest mother, or his majesty's self, that thereby the said earl presumes and takes upon him to convey the provostry of Orkney, the chancellery thereof, the archdeanery of Shetland, the treasury and chantry of Orkney and such other benefices of honour and dignity, so that thereby he will pretend no less title and right of patronage to the bishopric of Orkney when the same shall chance to become vacant than he does to the said benefices of honours and dignities, to the great prejudice and hurt of the patrimony of his highness's crown and privileges of the same; desiring that it should be declared that the said general clause, with patronage and donation of the benefices, import no right nor title to the patronages of any of the benefices above-expressed, nor of any other kind of benefices of dignity and honours, but that the same remain at his highness's disposition and presentation, notwithstanding of the said general clause, so that thereby the said earl had never, nor has not, nor cannot, have any right of patronage to the said benefices as is above-specified, unless the same had been contained in the said infeftment expressly.
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†Forasmuch as by an act of our sovereign lord's parliament held at Edinburgh on 22 May 1584, concerning the ratification of the constitution of certain officers of the estate, especially of James [Stewart], earl of Arran,† lord Aven and Hamilton, to use and exercise the office of chancellery enduring his lifetime, according to his gift made to him thereupon, it is statute and declared that none of the said officers shall be removable from their offices in time coming except for just and worthy causes tried by his highness and his estates in parliament; and that in the parliament held at Linlithgow in the month of November 1585, it is declared that the said James, earl of Arran of before had departed and was in his highness's danger for his majesty's jewels undelivered, and therefore his majesty, with advice of his three estates, found and declared the said office of chancellery to be vacant and that the same might be served thereafter by such a person and in such manner as his highness should appoint. And now his majesty, through long and daily experience having notable proof and knowledge of the singular qualities and dexterity being in Sir John Maitland of Thirlestane, knight, his highness's secretary, tending greatly to the relief, welfare and quietness of his realm and lieges whereby his highness understands him most apt, worthy and able to use, exercise, possess and discharge the said office of chancellery, therefore our said sovereign lord, with advice of the three estates and whole body of this present parliament, has nominated, chosen and elected the said Sir John Maitland of Thirlestane, knight, his highness's secretary, to be chancellor of this realm, and to use and exercise the office thereof as well in parliaments, privy council and otherwise during his lifetime, giving, granting and conveying to the said Sir John the said office of chancellery, to be possessed and enjoyed by him for all the space of his lifetime as freely and with all honours, dignities, privileges, power and authority, fees, duties and casualties whatsoever as any person within this realm possessed the said office of before; and the said Sir John Maitland, being personally present, at command and obedience of his majesty, accepted the said office of chancellery in and upon him and made faith loyally and truly to administer and institute therein as he shall answer to the eternal God and his highness thereupon; and to the effect the said Sir John Maitland may be the more encouraged diligently to pass forward in the said office, as experience has declared him to have done in times past, and that he may the more surely possess the same for his lifetime, his majesty, with consent of the said three estates of this present parliament, retreats, abrogates, rescinds and annuls the aforesaid act of parliament made on 22 May 1584 in so far as the same extends or may be extended in favour of the said Earl of Arran for possessing and using of the said office of chancellery enduring his lifetime and ratification of the gift granted to him thereupon of before, and decrees and declares the said office of chancellery to be as freely and surely possessed and used by the said Sir John Maitland for the space of his lifetime likewise and in the same manner as if the aforesaid act of parliament and gift of the said chancellery had never been made and granted to the said Earl of Arran and in his favour.
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†Our sovereign lord and his three estates in parliament, for the good, true and thankful service done to his highness by his right trusty councillor Sir John Maitland of Thirlestane, knight, his majesty's chancellor and secretary, now after his highness's perfect age and general revocation, has ratified and approved and, by the tenor of this present act, ratify and approve and, for his highness and his successors, perpetually confirm the new infeftments of the lands, lordships, baronies and offices after-specified made to his said right trusty councillor, his heirs and assignees after-specified, in fee and heritage, and of a part thereof to Dame Jean Fleming, his spouse, as is after-mentioned: that is to say, the new infeftment of all and whole the lands, lordship and barony of Thirlestane, with all lands, lordships and baronies annexed thereto and incorporated within the same lately resigned by the said Sir John in our said sovereign lord's hands for the said new infeftment to be given thereof, of the which lordship the special lands after-following are conveyed to the said Dame Jean Fleming in liferent: they are to say, all and whole the mains and town of Blythe and Hedderwick, the lands of Garmire, with their pertinents, lying in the barony of Blythe and lordship of Lauderdale, within the sheriffdom of Berwick; all and whole the lands of Trottenshaw and the equal half of the lands of Byrecleugh, with woods, shaws, pasturages, parts and pendicles of the same, lying within the lordship of the forest of Dye and the said sheriffdom of Berwick; and likewise of the office of the heritable bailiary and jurisdiction upon all the tenants and inhabitants of the lands and lordship of Lauderdale, except the lands specially contained in the said new infeftments, which are separated from the jurisdiction of the said bailiary and are united and annexed to the said lordship of Thirlestane, with full and free privilege of regality and justiciary, to be possessed in free regality and with jurisdiction and power of justiciary by the said Sir John Maitland of Thirlestane, knight, his heirs and assignees in all time hereafter, as in the said infeftment at more length is contained. And likewise our said sovereign lord and his said three estates in parliament, for the causes aforesaid, have ratified and approved and, by the tenor hereof, ratify and approve the other infeftment made under our sovereign lord's great seal to his said right trusty councillor and his male heirs lawfully procreated or to be procreated of his body, which failing, to his male heirs whatsoever, of all and whole the lands, lordship and barony of Musselburghshire, with annexes, connexes, parts and pendicles of the same, advocation and donation of the kirks, chaplainries and preceptories thereof, as they are specially contained, mentioned and incorporated in the said infeftment lying within the sheriffdom of Edinburgh. And also our sovereign lord and his three estates aforesaid, for the causes above-specified and of their certain knowledge, have ratified and approved and, by the tenor hereof, ratify and approve our said sovereign lord's letters under his great seal, granted and given to his said right trusty councillor, making him and his heirs his highness's undoubted cessioners and assignees in and to the letters of reversion made by the provost, bailies, council and community of his highness's burgh of Edinburgh to [Mary], our said sovereign lord's late dearest mother, her heirs and successors, for redemption from them of the superiority of the town of Leith, lying within the said sheriffdom of Edinburgh, transferred by our said sovereign lord's late dearest mother under reversion, containing the sum of 10,000 merks usual money of this realm, as the said reversion and the said letters of assignation under the great seal at more length purport; which infeftments particularly above-written and assignation aforesaid his highness and his said three estates will shall stand in full force and effect in time coming in all heads and clauses and circumstances thereof for ever.
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†Our sovereign lord and his three estates of parliament, remembering the long, good, true and thankful service done to his highness by his well beloved and familiar servant and councillor, Master Peter Young of Seton, his grace's master almoner, not only in his great pains taken for institution of his grace in literature the time of his youth, but also since his highness proceeded in years in his continual attendance upon his majesty's person and his affairs, as well within his realm as in foreign countries, where it pleased his majesty to direct the said Master Peter, ambassador, in his weighty causes, specially toward [Frederick II], king of Denmark, to whom the said Master Peter was lately directed of new in his second voyage by our said sovereign lord, and at present is resident in performing of his highness's service committed to him; and our said sovereign lord, being of determined mind that the said Master Peter and his spouse and bairns shall possess and enjoy the particular gifts, fees and pensions underwritten, conveyed to them of before, in manner following, after the form and tenor of the dispositions and gifts made to them thereof, be such security and force as the same shall never be called in question hereafter, but that the said Master Peter, his spouse and bairns aforesaid, without quarrel or impediment to be made by our said sovereign lord and his successors, or any other particular person pretending to have interest, shall peaceably possess, use and enjoy the said gifts, fees and pensions wherein stand the only support and relief which the said Master Peter has had for all his service bygone, and without the which he is not able to continue in his majesty's service hereafter; therefore, our said sovereign lord, now after his perfect age of 21 years complete, with advice of his said three estates in parliament, has ratified, approved and, for him and his successors, perpetually confirmed, likewise his highness, by the tenor hereof, with advice aforesaid, ratifies, approves and, for his highness and his successors, perpetually confirms the gifts, fees and disposition whatsoever made by our said sovereign lord before to the said Master Peter for his lifetime and after his decease, in case he make no disposition in his own time to Harry, Peter, Robert, Patrick, John, Marie and Margaret Young, his lawful bairns, by equal portions, and failing of any one of them by decease, the portion of the person deceasing to accrue to those who shall happen to remain alive, during all the days of the longest living to the said seven bairns, of all and whole sum of 500 merks usual money of this realm as for the feu mails of the lordship of Torphichen owing yearly to our said sovereign lord by the Lord Torphichen, his immediate tenant thereof, and with power to the said Master Peter to convey the said pension, all or in part, to whatsoever persons, one or more, at any time before his decease, which disposition made by him shall be of as good strength, force and validity as if they were contained expressly by their names in the said Master Peter's gift, as the same at more length purports. And also our said sovereign lord, with advice of the said three estates in parliament, ratifies and approves the gift and dispositions made by his highness to the said Master Peter for all the days of his lifetime, and after his decease to Harry and Peter Young, his sons lawful, equally between them for all the days of their lifetimes, and failing of any one of them by decease, the portion of the [person]† deceasing to accrue to the other living for all the days of his lifetime, with power to the said Master Peter to convey the same as said is of a yearly pension of 200 merks usual money of this realm yearly, to be lifted and taken out of the surplus of the third of the archbishopric of Glasgow and of the particular places thereof whereof the said Master Peter has been in possession of before. And likewise our said sovereign lord and his three estates in parliament ratify, approve and, for him and his successors, perpetually confirm the other gifts and dispositions whatsoever made to the said Master Peter for all the days of his lifetime by the late James Boyd, archbishop of Glasgow, of all and whole a yearly pension of £200 money aforesaid, to be yearly lifted out of the two parts of the said archbishopric, for thankful payment thereof there is assigned to the said Master Peter the duties of the kirk of Drymen, extending to £102 13s 4d, and for the remainder thereof, certain temporal lands of the said archbishopric specially mentioned in the said gift, which was confirmed by our said sovereign lord before by his letters under his privy seal. As also our said sovereign lord and his said three estates in parliament ratify and approve the gift and disposition made by the late Robert [Stewart], earl of March, commendator of the priory of St Andrews for the time, ratified, approved and renewed by Ludovic [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny, now commendator of the said priory, to the said Master Peter, Elliott Gib, his spouse, James and Harry Young, their sons, and the longest liver of them four, of seven chalders of barley and three chalders of wheat, to be lifted and taken out of certain places, rooms and lands pertaining to the said priory and specially mentioned in the said gift, as the same at more length purports. And likewise our said sovereign lord and his said three estates of this present parliament ratify and approve the gift and constitution of the said Master Peter, his highness's master almoner, for all the days of his lifetime with the fee therein contained, and further, our said sovereign lord, with advice of his said three estates, now in his perfect age, gives, grants and conveys to the said Master Peter, his said spouse and their aforesaids respectively, all and sundry the aforesaid pensions and gifts, with all right, claim, title and interest that his highness and his successors may pretend thereto, with the said gift of the office of almoner and fee therein contained, and wills and grants that the same gifts, pensions and fees nor none of them are, or shall be, comprehended under his highness's general revocation, but that the same is, and shall be, [comprehended under his highness's general revocation, but that the same is, and shall be,]† specially excepted from there, to the which generality this special act shall make and makes special derogation. As also our said sovereign lord, with advice of his said three estates, wills and grants and, for him and his successors, decrees and ordains that all and sundry the aforesaid pensions, gift of almoner and fee therein contained shall be yearly paid to the said Peter and his said spouse, his bairns and others aforesaid respectively during their lifetimes likewise and as freely as they have been paid in time past, and that notwithstanding the general annexation of the kirklands to the crown or any assumption for our sovereign lord's third of any of the lands and rooms whereof the said Master Peter and his aforesaids have been in possession of before, and also that the general restitution of all persons forfeited and convicted of barratry shall give no right nor title to James Beaton, archbishop of Glasgow, to quarrel the said Master Peter nor his aforesaids in the said pensions which they have to be lifted out of the said archbishopric, the effect of the which restitutions shall in no way extend to the pensions aforesaid, but the same irrevocably shall stand in full force and strength, and the archbishop, who may pretend right by virtue of the said restitution, shall in no way possess the benefit thereof, unless he ratify, approve and renew the right of the said pensions to the said Master Peter and his aforesaids in such form and order as the said Master Peter shall think expedient. And further, our said sovereign lord and his said three estates in parliament, of their certain knowledge, ratify and approve the alteration and change of the assumption of the lands of Easter Seaton and half of Dickmontlaw, lying within the regality and barony of Arbroath and sheriffdom of Forfar, now pertaining heritably to the said Master Peter and assumed of old in a part of the third of the abbacy of Arbroath, because his highness has received as many as profitable lands in recompense thereof, as at more length is specified in the decreet given thereupon by the lords auditors of his highness's exchequer of the date at Edinburgh, 23 February 1586 [1587], which decreet our said sovereign lord, with advice of the said three estates in parliament, ordains to stand in full strength and force in all time coming.
[1587/7/118]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, after his lawful and perfect age of 21 years complete and general revocation, with advice of his three estates of parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made by his highness, with advice of his highness's comptroller for the time, to his well beloved and familiar councillor Sir Patrick Vans of Barnbarroch, knight, one of the senators of his highness's college of justice and presently one of his highness's ambassadors directed to [Frederick II], king of Denmark, and to the said Sir Patrick's heirs and assignees specified therein, of all and whole the lands of Knoktane, Kildarroch, Kirrywaltane and five merk land of Kereburne, lying within the sheriffdom of Wigtown, old kindly possessions to the said Sir Patrick and his predecessors, as the same infeftment of the date at Holyroodhouse, 27 November 1582, at more length purports; and decrees and ordains the said infeftment to be as effectual and valuable to them for possessing and enjoying of the said lands as if the same had been given and set by his highness after his said lawful and perfect age of 21 years complete and general revocation aforesaid.
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†Our sovereign lord, with advice and consent of the three estates and whole body of this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the presentation, collation and whole provision of his daily servant Master George Young in and to the archdeanery of St Andrews, together with the letter of tack set by him to James Reid, of all and whole the parsonage and vicarage of Rescobie for the space of 19 years, paying for that yearly the sum of 120 merks usual money of this realm, as in the said letter bearing the date [...] May 1587 more fully is expressed, willing and granting and, for his highness and his successors, decreeing and ordaining the said provision and letter of tack to have been from the beginning and to be in all times coming firm, valid and effectual to the said Master George and James and his assignees, enduring the said space, without any pain or danger of nullity or deprivation to be incurred by them thereof, notwithstanding whatsoever act of parliament or other constitution general or specially made or to be made in the contrary, concerning which his highness, with advice aforesaid, dispenses and derogates all force and execution in behalf; and for that the said Master George, being subject to the daily and continual attendance upon his majesty, cannot conveniently be spared out of his service to discharge him of the cure whereunto by his provision aforesaid he may appear to be bound, and therewith all that conscience and reason craves that the kirks pertaining to his benefice shall not be frustrated of sufficient ministers, therefore, his highness, with advice and consent aforesaid, ratifies, approves and perpetually confirms the dispensation granted to him by his highness, with advice and consent of his secret council in July 1585, and ordains the same to be valid and effectual to him in every point expressed within the same, providing that he allow and answer such two ministers as shall be presented to him from time to time by the kirk of as great yearly stipends as have been granted by assignation to them in any time preceding; and likewise, with advice aforesaid, frees and relieves the said Master George of whatsoever import, taxation or subsidy to be raised at any time hereafter, for whatsoever cause or occasion, enduring his said lifetime, discharging all and sundry his highness's commissioners appointed or to be appointed for trial and taking order with non-residents, collectors of taxations and subsidies and whatsoever others of his highness's judges and ministers of laws, of all calling, pursuing or proceeding against the said Master George for the causes aforesaid, troubling or executing any of his highness's letters against him for that and of their offices in that part.
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†Item, the king's majesty, with advice of the estates of this present parliament, after his lawful and perfect age of 21 years complete, ratifies, approves and confirms the two gifts and dispositions made by his highness, the one of 200 merks money of this realm to Master George Young, assigned to be paid yearly of the readiest of his majesty's customs of the tron of Edinburgh, during all the days of his lifetime, and the other of 200 merks to John Andrew, assigned to be paid yearly of the readiest silver mails of the fishings of the abbacy of Kinloss assumed in the third, during also all the days of his lifetime, in all and sundry points and clauses thereof, decreeing and ordaining that the said gifts are not nor shall not be comprehended in any of his bygone revocations present or to come, but specially excepted and reserved out of the same, likewise his majesty, by this act, specially excepts and reserves the aforesaid gifts out of the said revocations. As also, for the said persons' further security, of new gives, grants and conveys to them during their lifetimes as said is the same pensions, with power to them, by themselves and their servants in their names, to crave, receive, intromit with and take up the said pensions from the persons indebted in payment thereof yearly during the said space, and thereupon to convey at their pleasure likewise and as freely as they used at any time past preceding the date hereof, discharging his highness's comptroller, collector general and their deputes and officers of all craving, receiving or executing of any letters against the persons indebted in payment of the said pensions, and of all stop, trouble or impediment making to the said Master George and John in taking up of the same yearly during the said space and of their offices in that part, decreeing and declaring also the same pensions in no way to be subject to any his majesty's revocations to be made hereafter.
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†Our sovereign lord and his three estates of parliament have at length seen, considered and understood the act made in the parliament held at Holyroodhouse on 30 April 1573, containing the grant of the pacification then concluded and ratified in parliament concluded at Perth on 23 February 1572 [1573], and ratified in parliament held in the same month of April 1573, to the late Sir James Balfour of Pittendreich, knight, and also his highness's letters under the great seal of the date at Holyroodhouse on 21 December 1583, and likewise a decreet, ordinance and declaration made and given by our sovereign lord and lords of his highness's secret council of the date at Holyroodhouse on 24 January 1583 [1584] aforesaid, declaring and decreeing the signature upon the which the said other letter under his highness's great seal passed to have been justly and orderly granted and ordaining the same to be inserted in the books of secret council and to have the strength of a decreet thereof, and also ordaining the said signature and letter to be passed and expedited through the seals as the same was directed according to the order used in such cases, as the said ordinance, decreet and declaration of the date aforesaid at more length bears; together with the other act made in our sovereign lord's parliament held at Edinburgh on 22 May 1584, and another act made in the parliament held in the great hall of the palace of Linlithgow on 10 December 1585, ratifying and approving the act immediately preceding, all tending to this effect: that our said sovereign lord, with advice of his secret council and three estates of parliament, decreed and declared that the process and sentence of forfeiture led against the said late Sir James for the alleged crimes therein contained, was duly and orderly retreated by the said pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], and ratified and approved in the said parliament held at Holyroodhouse on 30 April 1573, and that the said late Sir James, from the time of the reduction thereof to his decease, abiding and remaining our said sovereign lord's loyal and dutiful subject, and therefore that his bairns and his posterity should not be hurt nor harmed by the said process and doom of forfeiture led and given against him nor by act made in our sovereign lord's parliament held at Edinburgh in October 1579, by the which the said late Sir James's bairns and posterity were declared to be unable to possess heritages, honours, lands, rooms or possessions within this realm for the causes and reasons contained in the said acts, letters, decreet and ordinances; which all and sundry acts, and every one of them, in so far as the same might concern the bairns and posterity of the said late Sir James, our said sovereign lord and his said three estates of parliament decreed and declared to have been and to be of no value, force nor effect; as also our said sovereign lord and his three estates of parliament, by the tenor of the said act of the date at Edinburgh on 22 May 1584, ratified and approved in the said parliament held at Linlithgow on 10 December 1585, decreed and declared that the said bairns and posterity of the said late Sir James are and shall be able to possess and enjoy all lands, heritages, rooms and possessions acquired or to be acquired by them and others to the which they may succeed by their said late father, their mother or any of them, or whereunto every one might succeed as heirs to others or to whatsoever other persons, likewise and as freely as any other our sovereign lord's lieges may conquest and acquire lands, rooms, heritage and possessions or succeed thereto within this realm. And further, his highness, with advice and consent aforesaid, for him and his successors, renounced and discharged the actions that his grace might have or pretend against the said late Sir James, his memory, heirs and posterity for the causes contained in the said sentence of forfeiture, as is more amply contained in the said letter, under the great seal, of the date of 21 December 1583; which letter, decreet and declaration our said sovereign lord, now after his perfect age of 21 years complete, ratifies, approves and, for him and his successors, perpetually confirms, willing and granting that the whole tenors thereof be held as expressed in this present act, and ordains the same to be at length engrossed therein, if need be, which his highness and his three estates of parliament in points, clauses and circumstances thereof affirm to be veritable and true and that they shall be of sufficient force and effect in all times hereafter. As further, his highness and three estates of this present parliament of new have retreated, rescinded, abrogated, reduced and annulled and, by the force of this present act, of new retreat, rescind, abrogate, reduce and annul the said pretended process of forfeiture led against the said late Sir James, with whatsoever acts following thereafter disabling his bairns and posterity, with all that has followed or may follow thereupon, and by this act decree and declare them and their successors to be as able to possess lands, honours, heritage, rooms and possessions within this realm by conquest or succession as any others may within the same and as if the said pretended process of forfeiture had never been led and as if the said acts made in hurt of his posterity had never been made. In like manner, our said sovereign lord, with express advice of his said three estates of parliament, now after his said perfect age, of his proper motive and certain knowledge, of new renounces all action, suit, claim and challenge that his highness, his predecessors, himself and his successors had, has or might have or any way in time coming may pretend against the said late Sir James, his memory, his widow, bairns and posterity, their lands, heritages, goods, gear, rooms and possessions for the alleged crimes contained in the said process of forfeiture, or for any other action or cause bygone, which our said sovereign lord for him and his successors simply renounces and discharges in all time coming.
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†Item, where as the act made in the parliament held at Edinburgh on 24 October 1581, ratified and approved, with an addition, in the parliament held at Linlithgow, in the great hall of the palace thereof, in December 1585, gives action for repetition of whatsoever lands and heritage given and conveyed to keepers of our sovereign lord's castles for rendering of the same to the receivers thereof, it being verified that the said lands, heritages and possessions were given for the cause aforesaid, our sovereign lord and his three estates of parliament have declared and declare that where there is, or shall be, any lands or heritage repeated and given for the cause aforesaid, the said cause shall be sufficiently verified by writ, to wit, either by the infeftments and evidences of the said lands containing the said cause or by another authentic writ and evidence under the subscription of the party, receiver of the said lands and heritage, granting that the said lands and heritage were given and received for that cause; and that in repetition of lands and heritage for the causes aforesaid, no other verification nor probation shall be received except by the said authentic writs and evidences as said is; and this declaration to have place in repetition of lands and heritage only, the remaining points of the aforesaid addition and ratification thereof standing in the same form as they were conceived before and to be ruled by the common law at the discretion of the judge.
[1587/7/123]*[print] [email] [cite] [preceding] [following]
†Item, forasmuch as the refined salt, otherwise called salt upon salt, is very necessary and profitable for salting of salmon, cod, ling and other great fish, which cannot be made or dressed with the small salt which now is accustomed to be made and has been made before within this realm, and therefore the said fish behoved to be made and salted with great salt, brought within this realm from Spain and Brittany, upon large cost and expenses and sometimes by perilous voyages; at other times, partly for the troubles in France and partly when weather was not seasonable, there was no salt to be had in Brittany and other parts where the same commonly used to be made, by the which the traffic of fish has sometimes ceased and the said great salt was at great dearth. And seeing that Dame Margaret Balfour, lady Burleigh, having some commodity of coals and pans within the lordship of Pittenweem and sheriffdom of Fife, for the welfare and commodity of the realm, has, upon her large cost and expenses, procured the knowledge of the making of refined salt, otherwise called salt upon salt, which will serve for the same uses for the which great salt served before, for furthering and setting forth of the which work she must bestow and employ great sums of money for making of houses, salt pans, other instruments necessary and subsistence of servants, which for a large space will be more costly than profitable to her, our sovereign lord and his said three estates in parliament, having consideration how profitable the said salt shall be to the whole realm by this industry to be begun by the said Dame Margaret, and being in no way of mind that for her good intention and meaning she should be in any way damnified, therefore, his highness, with advice of his said three estates, has given and granted and, by the tenor of this present act, gives and grants full liberty and privilege to the said Dame Margaret, her heirs, assignees, servants and factors having commission and power, to her to make and cause be made the said refined salt, otherwise called salt upon salt, in any other manner than the same was made in this realm of before, to sell and convey the same in small or great, at their pleasure, during the space of seven years coming after the date hereof, during the which space it shall not be lawful to any of his highness's lieges and subjects of his realm, nor any stranger repairing within the same, to make or cause be made the said refined salt, otherwise called salt upon salt, in the manner whereby the same shall be made by the said Dame Margaret and her aforesaids; and if it shall happen to be made by them during the space aforesaid, contrary to the tenor of this inhibition, the same shall be escheated to the said Dame Margaret, her heirs and assignees as their own proper goods to be intromitted with and conveyed by them at her pleasure, and the pans, houses and lands whereupon the same shall be made shall be confiscated to our sovereign lord. And to that effect, our said sovereign lord and his said three estates, by this act, give full power to the said Dame Margaret to make searchers, one or more, who may search and intromit with the said refined salt to be made by other persons contrary to the tenor of this privilege and to convey thereupon as said is; and if the said searchers in execution of their offices shall happen to be deforced, the committers of the said deforcement shall be rigorously punished as if they had deforced our sovereign lord's officers in execution of his office: that is to say, by escheat of their goods moveable and by punishment of their persons to the will and pleasure of our said sovereign lord.
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†Our sovereign lord, with advice of the three estates in this present parliament, knowing perfectly that John Aitchison, sometime his highness's master coiner, had contracted diverse and great debts through his highness's service and become cautioner and surety for William [Ruthven], earl of Gowrie, treasurer for the time, to diverse merchants and others, his creditors, and at his command become bound and obliged to them to content and pay to them for the said late earl great sums of money upon condition to have been paid of the first and readiest profits of the said coin-house; likewise also the said John received his obligation for his relief, through which the said John has incurred great hurt and wrack; and in case our said sovereign lord and his estates aforesaid support not the said John, who merits good thanks, rewards and support for his good will and service done to our said sovereign lord and his highness's treasurer for the time, he is able to decay and his lands will be comprised. And our said sovereign lord and three estates aforesaid, having pity of the said John, who is able to wrack for no deed than occasion committed by him, but rather for service and good will shown and done to his highness and his officers for the time in the parliament held at Linlithgow on 10 December 1585, has statute and ordained the said John to have execution upon the lands which pertained to the said late Earl of Gowrie for payment of the said sum of £10,000, wherefore the said John became cautioner for the said late earl, except so much as he should be found by just calculation to be freed and relieved of, and that John should have execution of horning, poinding and comprising against James [Ruthven], now earl of Gowrie, and his lands and living, as if he were entered heir to his said late father by brieves, as at more length is contained in the said act. Which act and benefit contained therein our said sovereign lord and three estates aforesaid, in no way willing to prejudice or derogate, have ratified and approved the same, likewise his majesty and three estates aforesaid ratify and approve the same, and decree, statute and ordain the same to stand in full force, strength and effect, notwithstanding any act or benefit particularly granted in favour of the said earl or his mother in this present parliament or other general act or statute which may in any ways derogate or prejudice the said act.
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†Concerning the supplication presented to the king's majesty and lords of articles of this present parliament by Jean Toschach and [...] Toschach, lawful daughters and apparent heirs to Edward Toschach of Monzievaird, and John Campbell of Lawers, their grandfather, for his interest, making mention that where there was marriage long time past contracted and solemnised between the said Edward Toschach and Marjory Campbell, daughter to the said John Campbell, their mother, of the which marriage the said complainers are procreated and thereby nearest to succeed to their father's whole lands and living, failing of male heirs procreated of his body; which being well known and understood by the said Edward, nevertheless, by instigation of certain their enemies has been moved in his highness's minority to make a charter of tailzie of his whole lands and living, namely, of Monzievaird, Methven, the free forest of Glen Turret and certain others more at length specified in the said charter of tailzie, and that in favour of Duncan Toschach, baron of Pettenzie, and certain other persons in whose favour the said tailzie is made, whereupon he has obtained in his grace's minority confirmation, and for his better security intends now, after his grace's majority, to obtain the same ratified either in his parliament or hereafter, knowing perfectly that the same confirmation falls directly under revocation as being a confirmation of an tailzie made in prejudice of the female heirs interposed in his grace's minority, to the hurt of his highness's conscience; through which, necessary it is that provision be made in the said complainer's favour that as the said confirmation falls directly under his grace's revocation, in like manner special ordinance be made that no new confirmation shall be granted hereafter, that his grace's treasurer and their deputes be simply discharged thereof, and in case any shall be granted, that the same shall be decreed and declared, now as then, to be null and of no value, and therefore desiring his highness and lords of articles to have consideration of the premises, and, in respect, that the said complainers might have special act and ordinance made in their favour discharging the treasurer and his deputes, the keepers of his great and privy seals from all passing of any confirmation purchased or to be purchased of the said charter tailzie hereafter, as they will answer to his grace upon their duty and obedience, and if any shall happen to be purchased, decreeing and declaring the same to be null and of no value, with all that has followed or may follow thereupon, as at more length is contained in the said supplication. Which being seen and considered by our said sovereign lord and lords of articles, they have remitted and remit the decision and answer to be given to the said supplication to the lords of council and session, after that the party be lawfully warned thereto, as is appropriate, and his defences had thereupon, and ordain them to proceed and do justice therein to both the said parties as they will answer to his highness; and in the meantime discharge his grace's treasurer and his deputes, the keepers of the great and privy seals of all passing of any confirmation purchased or to be purchased of the said charter tailzie until the end and decision of the aforesaid lawsuit by the said lords of session.
[1587/7/126]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented and given in to our sovereign lord and lords of articles by James Menzies of Ford and John Menzies, his son, making mention that where they are denounced our sovereign lord's rebels and put to his highness's horn at the instance of some persons who, upon pretence thereof, intend to seclude them from all compearance in judgement in pursuit and defence of diverse actions presently depending before the lords of session and other judges, which are of great weight and consequence to the recovery of the which actions, relief of the said horning and satisfaction of their creditors, seeing it is necessary that they be heard in judgement by themselves and their procurators; and therefore desiring our said sovereign lord, with advice of his said estates, to dispense with all and whatsoever hornings or other acts of parliament made in the contrary led against the said James and John Menzies, at the instance of whatsoever person or persons, for any cause or occasion past preceding the date hereof, to the [...] day of [...] coming, to the effect that they, by themselves or their procurators, may pursue and defend in their just actions and thereby recover relief of the said hornings, and in the meantime that they may lawfully resort within the realm in doing of their lawful business, ordaining therefore the lords of council and session to suffer and permit the said persons, by themselves and their procurators, to do and defend in their said actions, notwithstanding of the said hornings or anything therein contained made in the contrary, concerning the which it will pleasure his highness and three estates to dispense, as at more length is contained in the said supplication. Which being heard, seen and considered by his majesty and lords of articles, and they therewith being ripely advised, our said sovereign lord, with advice and consent of the said estates of parliament, dispenses with all and whatsoever hornings or acts of parliament made in the contrary led against the said James and John Menzies, at the instance of whatsoever person or persons, for any cause or occasion past preceding the date hereof, so far and in the same manner as the lords of council and session have dispensed already with the aforesaid hornings; to the effect the said James and John Menzies, by themselves and their procurators, may pursue and defend in their just actions and thereby recover relief of the said hornings, and in the meantime that they may lawfully resort within the realm in doing of their lawful business as amply and freely in all sorts as the said lords of council and session have granted the same to them of before.
[1587/7/127]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented to our sovereign lord and lords of articles by Margaret Stewart, sister and heir to the late George Stewart of Rosyth, and Robert Durie, fiar of that Ilk, her spouse, for his interest, making mention that where Harry Stewart, the said Margaret's uncle, has presented a supplication to his majesty and lords desiring a ratification and confirmation of all pretended tailzies made by his highness's predecessors in their minorities, which are taken away by the general revocation made by his highness's most noble predecessors, and whereupon the said Margaret has summons of reduction instantly depending before the lords of session for annulling of the same for diverse very good, necessary causes, likewise she is served and retoured as heir in general to her said late brother and through that has undoubted right in and to the said whole lands and living of Rosyth, to which her said late brother deceased last invest and seased as of fee, and thereby having special interest as party, no such article or any other thing which may in any way tend to the hurt and prejudice of the said Margaret's heritable right of the said lands until she, as party, and her said spouse, for his interest, be first called to that effect; beseeching therefore his grace and lords of articles that no article concerning the ratification of the said tailzies or any other thing which may any way tend to the hurt and prejudice of her said right be in any way granted to the said Harry until the said Margaret and her said spouse (as lawful party contradictor to him in the said matter) be first lawfully called to that effect, and that thereafter, by production and inspection of her said rights, justice may be indifferently administered therein, according to the law, as at more length is contained in the said supplication. Which being heard, seen and considered by his highness and lords of articles, the said lords of articles remit the aforesaid supplication, contents and desire thereof, to our said sovereign lord, to be decided by his highness according to law, conscience and right, and howsoever his majesty shall pronounce and decree therein, the same to have as great strength, force and effect as if the same had been pronounced and decreed by his highness, with advice of the said estates of this present parliament; and to that effect, the aforesaid lords have interposed and interpose their authority to the premises and to his majesty's proceedings thereupon.
[1587/7/128]*[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, having consideration of the great age of the house of Rosyth and of the good service done to his majesty's predecessors by the heritable proprietors of the same, and that the same shall not pass from the surname in his majesty's time, specially by any occasion or question that his majesty may quarrel the same for himself and his successors, ratifies and approves all and whatsoever infeftments of tailzie given by the late David Stewart of Rosyth to the late William Stewart of Barryhill, his male heirs and assignees, of all and whole the barony and mains of Rosyth, with the tower, fortalice, mill, fishings, dovecots, annexes, connexes, parts, pendicles and pertinents thereof, the lands of Craigie, Gartpor, third part lands of Fordel, Culbate and Straburne, the lands of Leucheld, Pitreavie, Wester Cleish, Dunduff, Colstoun, Balnamvill and Monctoy, with the pertinents, lying within the sheriffdom of Fife; the lands and barony of Durisdeer, lying within the sheriffdom of Dumfries; the lands of Corbies, Balquhandy, Laitgrene, with the pertinents, lying within the sheriffdom of Perth, all united and annexed in one barony called the barony of Rosyth; and also of all and whole the lands and barony of Shambodie, lying within the sheriffdom of Clackmannan, with the confirmation granted by his highness's predecessors of good memory, King James III thereupon, together with whatsoever other infeftments of tailzie passed since by any of his majesty's predecessors to David Stewart, son to the said William Stewart of Barryhill, and his male heirs and of tailzie, of all and whole the lands and others above-written, or to Henry Stewart of Rosyth, son to the said David, or to Robert Stewart, son to the said Henry, or to George Stewart, son to the said Robert, and their male heirs and of tailzie contained therein, passed either upon resignation or confirmation, notwithstanding the same are granted by his majesty's predecessors in their minorities, together with sasines following thereupon; and wills and declares that the same shall be of as great strength and force as if they had been granted by his majesty's predecessors in their majority, notwithstanding of any revocation which his highness, for himself and his successors, of his certain knowledge, has renounced and renounces for ever, with all action that his majesty may have against the said lands for any cause past, to the effect that the same may remain with Harry Stewart, now present proprietor thereof, and his male heirs and of tailzie in all time coming, discharging his highness's advocate present and to come of all calling, troubling or quarrelling of the said Harry Stewart upon the validity of the title of any of the said infeftments or of his own present infeftment and right thereof for any of the said causes and of their offices in that part.
[1587/7/129]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his lawful and perfect age of 21 years complete, with advice of the three estates convened in this present parliament, ratifies, approves and confirms the letters of gift and pension made by his majesty to James Stewart and Christian Strang, his spouse, during their lifetimes, of seven chalders of oats assigned to be paid out of the readiest of the surplus of the bishopric of St Andrews, in all and sundry points, clauses and articles thereof, decreeing and declaring by this act that they shall use, enjoy, possess and take up the said pension yearly in time coming during the space aforesaid likewise and as freely as they used in any time past preceding the date hereof, notwithstanding any his majesty's revocations bygone or presently made by his highness in this present parliament, which gift his majesty wills and declares shall in no way be comprehended therein, but specially excepted and reserved out of the same; likewise his majesty excepts and reserves the said gift out of the same revocation, declaring this present exception to be as sufficient as if it were specially inserted and engrossed therein; providing always that this present ratification shall in no way be prejudicial to the tack already made by his highness to John and James Meldrum, sons lawful to James Meldrum of Seggie, younger, of certain victuals of the surplus of the archbishopric of St Andrews, bishopric of Dunkeld and priory of Haddington specially contained in the same tack, which his highness, with advice of his estates, ordains to have full force and effect during the years thereof, to which this present ratification nor his highness's revocation shall make no derogation.
[1587/7/130]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication given in and presented to our sovereign lord and three estates of this present parliament by David Ferguson of Glenschynroch, elder, and David Ferguson, younger, making mention that where they intended action before the lords of session against John [Maxwell], earl of Morton, lord Maxwell and Robert Charteris of Kelwood, for the wrongful, violent and masterful spoliation from them of diverse and sundry cattle, sheep, nags, plenishing, gold, silver, writs and evidences extending to diverse values, quantities and prices, contained in the summons raised thereupon, which being admitted to their probation and diverse terms assigned to them for proving thereof, and the said earl and Robert Charteris perceiving that they would prove the same against them, compeared by their procurators and alleged that they should be absolved therefrom in respect of the act of parliament made at Linlithgow on 10 December 1585, by the which all deeds, wrongs, oppressions and other faults alleged, committed and done by the said earl, or any others contained in the said act since our said sovereign lord's coronation, should be remitted and discharged, and the said plunder was committed within the same time and therefore the same should be taken away; to the which it was answered for the said David Ferguson, elder and younger, that the said allegiance ought not to be heard, seeing there is litiscontestation made in the cause long of before and their summons admitted to their probation, notwithstanding the whole defences proposed by the said earl and Robert and sundry witnesses examined in the cause long of before the said act of parliament; and also the said act of parliament can in no way be extended to particular parties' actions which proceeded not upon the common causes between the Maxwells and Johnstons, and seeing the said David Ferguson, elder and younger, were in no way partakers with the said common troubles, the same act of parliament upon good conscience cannot be extended to take away the said plunder; which allegiance, with the answer made thereto, being seen and considered by the said lords, they remitted the decision of the said allegiance founded upon the said act of parliament to our said sovereign lord and three estates of this present parliament for giving of his highness's declaration and interpretation if the said act made in favour of the said earl takes away the said plunder, and until the same be done, has superseded all further process in the said matter, as an act made thereupon bears; through which the said complainers are heavily damnified and harmed through the want of their whole goods and gear intromitted with by the said earl and Robert, and can get no process nor justice in the said matter unless our said sovereign lord and three estates aforesaid provide remedy, requiring them, therefore, seeing the said matter in no way concerns the said act of parliament, that his highness will take trial thereto and remit the same to the session to be discussed by the lords thereof, commanding them to proceed and do justice therein and all other actions pursued or to be pursued by the said David, elder and younger, against the said earl and Robert Charteris, or any others, the said earl's servants, plunderers of their goods and gear from them, notwithstanding the said act of parliament, as at more length is contained in the said supplication. Which being heard and considered by our said sovereign lord and his said three estates, they have remitted and remit the decision as the aforesaid allegiance and answer made thereto, grounded on the said act of parliament made in favour of the said earl of Morton and his dependants, with the actions and matters presently depending before the said lords between the said parties, to the lords of council and session, where the same took first beginning; and ordain them to proceed and do justice therein to the final end and decision thereof, as they will answer to God and his highness upon the execution of their offices.
[1587/7/131]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of parliament, understanding that by the late annexation of kirklands to the crown the tax of the clergy must be altered and a great part thereof laid upon the said temporal annexed lands, and because the free burghs of this realm abide in the same estate wherein they were of before, therefore our said sovereign lord, now after his perfect age of 21 years complete, with advice and consent of the three estates of this present parliament, statutes and ordains that the taxation of free burghs shall in no way be altered, but should stand as the same stood in all times preceding: that is to say, their part of all general taxations in time coming shall extend to the sixth part thereof only.
[1587/7/132]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his perfect age of 21 years complete and general revocation made in parliament, being moved with the careful zeal and godly intention of the provost, bailies, council and community of the burgh of Edinburgh in the provision for the ministry serving within the said burgh who have no appointed stipends out of the thirds of the benefices, and that they have also employed large sums of money upon the building of a hospital, where the college called the Queen's College stood before, for sustaining of poor and miserable persons, and further, have lately erected within the said burgh a college wherein good letters and sciences are professed for the commodity of the realm and augmentation of the policy of the said burgh of Edinburgh, being the principal town where our said sovereign lord and his estates make most residence, which ministry, hospital and college cannot be goodly maintained without our said sovereign lord's help and support, notwithstanding the great expenses already bestowed by the said provost, bailies, council and community, as well of the common good as by the particular contribution of such as were bent to the help and supply of the said godly works; and our said sovereign lord, having now consideration that [Mary], his late dearest mother, and himself donated, gave and mortified to the sustaining of the said ministry, hospital and college diverse lands, rents, teinds and annualrents which his highness is willing shall remain with the said provost, bailies, council and community in all time coming, the same being excepted from the late annexation of the kirklands to the crown and out of the general revocation, for the which causes our said sovereign lord has, with express advice of the said three estates of parliament, ratified and approved and, for him and his successors, perpetually confirmed, likewise his highness, by the tenor hereof, ratifies, approves and, for him and his successors, perpetually confirms the gift, infeftment and mortification made and granted by his late dearest mother in her perfect age to the said provost, bailies, council and community of the said burgh and their successors, for help and supply of the ministers and poor within the same, of all lands, tenements, annualrents and other profits and emoluments whatsoever situated within the liberty and freedom of the said burgh which pertained before to any college, prebendary, chaplainry, friars of whatsoever order and other beneficed persons, as the said gift, donation and mortification of the date of 13 March 1566 [1567], under the great seal of our said sovereign lord's late dearest mother, at more length purports; together with the other gift and disposition made by our said sovereign under his great seal to the said provost, bailies, council and community and their successors of the college kirk, called the Trinity College, with the kirkyard thereof, the mansions, the houses and yards thereof, the hospital, called the hospital of the Trinity College, and yard, to the effect that the said provost, bailies and council might build and erect a hospital upon the same for sustenance of the poor, honest, aged and decayed persons within the said burgh and others having need of support, as the said donation and gift of the date of 12 November 1567 in like manner at more length purports; and likewise the other gift, mortification and annexation of the benefice of the provostry of the said Trinity College, with all lands, rents, profits and emoluments, advocation and donation of all hospitals of the said hospital and all other rights and privileges pertaining to the said provostry, as the said mortification of the date of 23 June 1585, with our said sovereign lord's confirmation and new gift of the same provostry, and of all lands, profits and emoluments pertaining thereto, and to the prebendaries and chaplainries of the same college in property or community, as the same confirmation and new gift of the date of 26 May 1587 at more length bears; and in like manner the annexation of the archdeanery of Lothian, lands, rents and teind sheaves pertaining thereto, annexed and mortified to the said college lately erected within the said burgh for instruction of the youth in learning, as the same of the date of 4 April 1584 bears; together with the decreet of the lords of his highness's council and session by the which the said provost, bailies, council and community are decreed and declared to have right to the teinds, fruits and emoluments of the parsonage of the kirk of Dunbarney for the reasons and causes contained in the said decreet, which is of the date of 29 March 1583, in all and sundry points, heads, clauses and circumstances of the same, which our said sovereign lord and his said three estates hold for expressed in this present act and ordain all and sundry the said gifts and ratifications to be at length inserted therein if need be. Moreover, our said sovereign lord, with advice of his said three estates of parliament, of new gives, conveys and mortifies to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors, for sustentation of the ministry, of the poor and for sustaining of their said college, lately erected by them, all and sundry the lands, rents, teinds and other profits and emoluments of the particularity contained in the said former gifts, donations and mortifications and in the decreet aforesaid given by the said lords of council of the date of 19 March 1583 [1584], to remain with them for the use specified and mentioned therein and no other way, after the form and tenor thereof forever, providing that they sustain the ministers serving at the said kirks or pay to them the third of the fruits of the same kirks at their option and pleasure. Moreover, our said sovereign lord, with advice of his said three estates, ratifies, approves and confirms all and sundry infeftments of feu ferm made by the said provost, bailies and council of the said burgh of Edinburgh to whatsoever person or persons of the common muir of the said burgh pertaining to them as a part of the common lands thereof, and finds and declares the same to be set for the good, utility and common profit of the said burgh, and therefore statutes and ordains that none of our sovereign [lord's]† lieges, of whatsoever degree or quality, and especially the sheriff of Edinburgh and his deputes, make the said provost, bailies, council and community and their feu farmers aforesaid any trouble, molestation or impediment in the peaceable enjoying and using thereof in any time coming, providing always that this ratification be in no way hurtful nor prejudicial to any other man's title or right of the lands, benefices and others aforesaid mortified to the said burgh for sustaining of the said ministry, hospital and college; and ordains letters to be directed hereupon, if need be, in the appropriate form.
[1587/7/133]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his lawful and perfect age of 21 years complete declared in this present parliament and general revocation, with advice and consent of his three estates, ratifies, approves and, for [his]† highness and his successors, perpetually confirms the charter, infeftment and confirmation underwritten, made, given and granted by his highness, with advice of [John Maitland of Thirlestane], chancellor, [Thomas Lyon of Baldukie], treasurer, [Robert Douglas, provost of Lincluden], collector general, and [John Seton of Barns], comptroller, to the poor members of Jesus Christ, now and in all times coming, dwelling and resident within the burgh of Perth, of all and sundry lands, tenements, houses, buildings, kirks, kirkyards, chapels, colleges, yards, orchards, crofts, annualrents, feu mails, feu ferms, pensions, mills, mill lands and their sequels, fishings, fruits, rents, duties, profits, revenues, emoluments, ferms, kanes, services, alms, dail silver, obits,† anniversaries and others whatsoever which in any way pertained, or are known to pertain, or might or may pertain, to whatsoever chaplainries, altarages, vicarages, prebendaries and benefices founded in whatsoever kirk, chapel, college, suburbs or place within the freedom, territory, suburbs or parish of the said burgh of Perth by whatsoever patron or patrons, or which in any way pertained, or are known to pertain, or might or may pertain, to whatsoever hospitals, maison-dieus, almshouses, lepers or poor within the said burgh of Perth, freedom, territory, suburbs or parish thereof, in the possession whereof, the chaplains, prebendaries, vicars and other beneficed persons of the same or the said hospitals, maison-dieus, almshouses, lepers or poor respectively were or might have been of before, wherever the said lands, tenements, houses, buildings, kirks, kirkyards, chapels, colleges, yards, orchards, crofts, annualrents, feu mails, feu ferms, pensions, mills, mill lands, and their sequels, fishings, fruits, rents, duties, profits, revenues, emoluments, ferms, kanes, services, alms, dail silver, obits, anniversaries and others whatsoever lie or were lifted of before respectively, with places, manor places, mansions, kirks, kirkyards, yards, orchards, lands, acres, crofts, annualrents, pensions, fishings, mills, mill lands and their sequels, duties, profits, revenues, emoluments and others whatsoever which pertained of before, or might or may pertain, to the friars, to the blackfriars or predicators, or to the friars minor or Franciscan or to the whitefriars of the said burgh of Perth, together with the yards, monastery or place of the Charterhouse situated beside the same burgh, and with all and sundry other lands, houses, tenements, annualrents, pensions, fruits, rents and duties lying or lifted within the said burgh of Perth, freedom, territory, suburbs or parish of the same given, donated, founded or used to be paid to whatsoever chaplainries, altars, altarages, monasteries, places, colleges, kirks, benefices, mortuaries or anniversaries wherever the same are or lie within this realm, and also all and sundry annualrents, pensions and other duties used to by paid by the provost, bailies or inhabitants of the said burgh of Perth or within the freedom, suburbs, territory or parish thereof, or which might or may be asked or craved from them or any of them out of the common good mills or rent of the same burgh, or out of any lands lying therein or within the freedom, suburbs, territory or parish thereof, by whatsoever other kirk, chapel, college, altar, monastery, prebendary, place or benefice without the said burgh, for whatsoever cause or occasion, and specially for celebration of suffrages; and wills, decrees and ordains the said charter, infeftment and confirmation to be inserted in this present act of parliament to have the strength thereof in time coming, and letters and executorials to pass thereupon after the form specified therein, of the which charter and infeftment the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that we, moved by piety and by a true fear of the Lord and out of zeal for his glory, and out of compassion towards poor, maimed, weak and pitiable people, orphans, those deprived of their parents, infants and other needy members in Jesus Christ within our burgh of Perth, and for their permanent support, help and sustenance then and in the future, with the advice and consent of our late dearest kinsman James [Stewart], earl of Moray, lord Abernethy etc., our regent and regent of our realm and our subjects, and with the advice of the lords of our privy council, gave, granted and conveyed by another charter under our great seal, and for ourselves and for our successors confirmed in perpetuity to the poor members of Jesus Christ then and for all future times staying and residing within our said burgh of Perth, in perpetuity, all and singly, any lands, tenements, houses, buildings, churches, chapels, gardens, orchards, crofts, annualrents, fruits, dues, profits, emoluments, ferms, alms, dail-silver, mortuary payments and anniversary dues which in any way pertain or are recognised to pertain to any chaplaincies, altarages and prebend churches, in any church, chapel or college founded within the liberty and privilege of our said burgh, through any patron in whose possession their chaplains and prebendaries formerly were, wherever the foresaid houses, tenements, buildings, gardens, orchards, crofts, annualrents, anniversary dues, fruits, profits and emoluments lie or formerly as appropriate were levied, together with any places, manors, gardens, lands, annualrents, emoluments and dues which formerly pertained to the Dominican brothers or the minor order of preachers, or Franciscan and white brothers of our said burgh of Perth, together with the gardens pertaining to the monastery or house of Charterhouse situated in our said burgh, and also, all and singly, the lands, houses and tenements lying within our foresaid burgh and liberty which were given, donated and founded in favour of any chaplaincies, altars, churches, mortuary or anniversary dues, wherever they are within our realm; also with, all and singly, annualrents and other dues which have been paid or which through any other church outwith our said burgh could have been demanded by the provost, bailies and inhabitants of the same in common as a rent of a burgh of this kind or from other lands lying in the same burgh, for the celebration of intercessions. These with all their pertinents are to be held by the foresaid poor members of Jesus Christ present within our said burgh at the time and in future and living there for the time being, from us and our successors, in perpetuity, with various powers and privileges granted and contained in our said other charter for the fulfilment and implementation of the forementioned for the hospitality and sustenance of the said poor and for other pious and divine uses and particularly so purporting. We, having taken into consideration the substantial fraud committed, and [as] publicly known, by a not inconsiderable number of the foresaid prebendaries, chaplains and brothers, who from the time of the reformation of religion have conveyed, alienated and removed their lands, annualrents and tenements which have been alienated by mortmain in favour of chaplaincies, prebends and houses as appropriate, to particular persons; similarly because various subjects of ours, by means of brieves from our chancellery or otherwise, claiming right to certain lands, tenements and annualrents which have been extinguished by their predecessors, and asserting sasine regarding them as if heirs of their predecessors, have gained ownership of lands, annualrents and tenements formerly founded and donated in favour of the church. This situation has continued, partly through neglect on the part of officials or masters of our foresaid burgh and partly through collusion among the chaplains, prebendaries and brothers themselves. Accordingly we, with the foresaid advice, have rescinded and annulled, just as we with the advice and consent of the undermentioned do through the present document rescind and annul, all and singly, alienations, dispositions and sasines of this kind, by the existence of which the original thought or intention of those who founded them has been broken, alienated and changed through the application and removal of the same for private uses, to the effect that the above-mentioned lands, tenements and houses are diverted to the forementioned uses, and wishing, just as we with the advice and consent of the undermentioned by means of the present document do wish, our said declaration to be of such great strength and efficacy as if the persons who are claimants of the said dispositions had been called specifically at law and their infeftments had been specifically rescinded, without further procedure, just as our other charter of 9 August in the year of the Lord 1569, produced and shown in the presence of ourselves, our chancellor, treasurer, comptroller and collector and by the same persons seen and considered set out in fuller form. We, certainly knowing and acknowledging our foresaid other charter, and the donation, disposition, powers, privileges, bringing to judgment and declaration contained in it, carried out, given, granted and completed in favour of the said hospice and support of the said poor people and of other pious and godly uses as has been said, in recognition and consideration of it and to that effect and not otherwise, in another way nor in any way, likewise being in the same frame of mind and benevolence, that the foresaid hospice should be continued, defended and watched over perpetually in future; also that the foresaids should be fully and completely applied, only, to the said hospice and sustenance of the said poor people, and for other pious and godly uses (as said before) and not otherwise in any other way or by any other means; and that to that effect, with the same intention and consideration as insofar as they could be extended in that direction, our foresaid other charter and its contents should be observed, implemented and applied, and not further or otherwise. Therefore we, after our legitimate coming of age decreed in parliament, and our general revocation made by us in the same, with the advice and consent of our said chancellor, treasurer, comptroller and collector, do ratify, approve and for ourselves and our successors in perpetuity do confirm our foresaid other charter, donation, disposition, powers, privileges, restoration and declaration contained in it and the sasine which follows, respectively, to the extent that they do not detract, prejudice nor lead to loss or prejudice, but concern and could be extended to the said hospice and sustenance of the said poor people and to other pious and godly uses, as has been said, and no further, otherwise, in another way, nor in any fashion, in such a way as they are valid and efficacious in the future in perpetuity, not otherwise, in no other way, nor in any other fashion. Further, we, after our foresaid legitimate coming of age and our general revocation as has been said, for the foresaid good and pious reasons, with the advice and consent of our said chancellor, treasurer, comptroller and collector by the present document do give, grant and convey, and for ourselves and our successors in perpetuity do confirm in favour of the foresaid poor members of Jesus Christ now and in all times to come staying and residing within our said burgh of Perth, in perpetuity, all and singly, the lands, tenements, houses, buildings, churches, cemeteries, chapels, colleges, gardens, orchards, crofts, annualrents, feu ferms, payments, pensions and multures, with mill lands and their consequents, fish traps and fisheries, fruits, rents, dues, profits, proceeds, emoluments, ferms, kanes, services, alms, almsgivings called dail silver, death payments, anniversary dues, and any other things which in any way pertained or are recognised to pertain or which could have pertained or could pertain to any chaplaincies, altarages, prebends and benefices in any church, chapel, college or place within the liberty, privilege, territory, suburbs or parish of our said burgh of Perth, founded by any patron or patrons, or which in any way pertained or are recognised as pertaining or which could have pertained to any hospices, religious houses called maison dieus, almshouses, lepers called leperfolk or the poor within our said burgh of Perth or the liberty, privilege, territory, suburbs or parish of the same, which chaplains, vicars and other beneficiaries of the same or the foresaid hospices, religious houses, almshouses, lepers or poor people respectively were formerly in possession of, or could have been, irrespective of where the foresaid lands, tenements, houses, buildings, churches, cemeteries, chapels, gardens, orchards, crofts, annualrents, feu ferms, payments, pensions, mills with mill lands and their consequents, fish traps, fisheries, fruits, rents, dues, profits, proceeds, emoluments, ferms, kanes, services, almsgivings, death dues, anniversary dues and any others lie or were formerly levied, respectively; these together with places, manors, mansions, churches, cemeteries, gardens, orchards, lands, acres, crofts, annualrents, pensions, fish traps, fisheries, mills, mill lands and their consequents, dues, profits, proceeds, emoluments, and anything else which formerly pertained or could have pertained to the said brothers of our said burgh of Perth, no matter which order they belonged to, together with the said gardens and monastery or place of Charterhous situated near our said burgh of Perth; these together with, all and singly, the lands, houses, tenements, annualrents, pensions, fruits, rents and dues lying or levied within our foresaid burgh of Perth, its liberty, territory, suburbs or parish and given, donated, founded or accustomed to be paid to any chaplains, altars, altarages, monasteries, places, colleges, churches, benefices, death payments or anniversary dues, wherever they are or lie within our realm; further, all and singly, the annualrents, pensions, and other dues accustomed to be paid by the provost, bailies or inhabitants within our said burgh or within the liberty, territory, suburbs or parish of the same, or which could have been demanded or sought of them by any of these, of the common assessment, multures or rents of our said burgh or of any lands lying within our said burgh, liberty, territory, suburbs or parish of the same, through any other church, chapel, college, altar, monastery, prebend, place or benefice outwith our said burgh for any cause or account, and especially for the celebration of intercessions; all and singly, the foresaid lands, tenements, houses, buildings and other things already mentioned, with, all and singly, their annex and connex, parts, pendicles and pertinents, in favour of the foresaid poor members of Jesus Christ now and for all times to come staying or residing within our said burgh of Perth, in perpetuity, of us and our successors in pure and perpetual alms in perpetuity etc.; together with authority to the foresaid poor members of Jesus Christ through their collectors, masters or master of the hospice annually through the minister and the elders of our said burgh, at election time for the nomination and election of their elders and deacons, to levy and receive the foresaid lands and tenements and other things already mentioned, as appropriate, and to remove tenants, rent, lease, use, build and repair as appropriate, for the hospice and sustenance as already said of the said poor and for other pious and godly uses, just as it shall seem expedient to apply, through the counsel and consultation of the minister and councillors of our said burgh; providing that, nevertheless, these same things are applied to that effect and not otherwise, in any other way or in any fashion; we with the advice and consent of our said chancellor, treasurer, comptroller and collector wish, grant and for ourselves and our successors and for any others in perpetuity decree and ordain that our foresaid other charter, donation and disposition, powers, privileges, restoration and declaration contained in it, and this present ratification, approbation and confirmation of ours, and this foresaid new donation and disposition of ours of the said lands, rents, advantages and other things mentioned above, have been, are and shall be not only prejudice and are valid in prejudice of the foresaid alienations, dispositions and sasines now as before rescinded, as has been said, and also of all reservations, rights, titles, confirmations, clauses and conditions which have been made, given and granted or excepted in respect of the foregoing, or any part of them, to any persons or person or in anyone's favour, or for the private use or convenience of any of them or theirs, but rather that they should be robust and be valid and effective in themselves and should stand in strength, fortitude and effect, and be observed in perpetuity in future, only for the said hospice and sustenance of the said poor and for other pious and godly uses as already said, without any revocation, contradiction or obstacle of any kind, by our successors or any others in any way to the contrary, by anything they effect, do or oppose; this by renouncing them in perpetuity on our word as a prince. Further, we, with the advice and consent of our foresaid chancellor, treasurer, comptroller and collector, by the contents of the present document not only revoke, retract, rescind, quash and annul the foresaid alienations, dispositions and sasines formerly rescinded and annulled as has been said, with all confirmations and other things following or granted thence or thereupon, with their clauses and provisions made or drafted in their favour whether mentioned in our foresaid other charter through this present confirmation or otherwise, but also without any single exception we revoke, retract, rescind, quash and annul, all and singly, any donations, dispositions, reservations, rights, titles, confirmations, clauses and conditions made, given, granted or drawn up from the time of the reformation of religion, which happened on 6 March in the year of the Lord 1558 concerning or about the foresaid lands, rents, advantages and other things already mentioned or any part of them, which at any time pertained or could have pertained to the said hospices, religious houses, almshouses, lepers or paupers, regarding or about the said gardens, monastery or place of Charterhouse, and regarding or about the places, manors, lands and other things already mentioned which have belonged or could have belonged to the said friars of whatever order they were, made for any person or persons, in favour of anyone, to the injury, loss or prejudice whether of our foresaid charter or of the donation and disposition contained in it, or of this, our present ratification, approbation and confirmation of the the same, or of this, our new donation and disposition and the contents thereof, or of the said hospice or of the said poor members of Jesus Christ, or which could impede, defraud or frustrate the said paupers or their collectors or the masters of the hospice in any way at all or on the point of full and plenary use and possession of the said lands, rents or other things already mentioned or of any part of the profits and advantages of the same, or through which the foresaid or any part of them could be diverted or applied to any private or other uses other than to the said hospice and sustenance of the said paupers and other pious and godly uses as has been said, or which could divert the foresaid or any part of them from the said pious uses to other private or particular uses or advantages. We decree and declare that, all and singly, any of this kind of alienation, disposition, sasine, donation, reservation, right, title, confirmation, clause and condition were from the start and are now and shall be for the future in themselves null and of no validity, force and efficacy; with everything which follows or will follow from or on top of these, and which could follow them to the effect that the said lands, rents, advantages and other things mentioned already, with full and plenary use and possession of the same, all and singly the profits, provided that they flow back, are turned and applied to the said hospice and sustenance of the said paupers and for other pious and godly uses as has been said, and not otherwise, in another way or in another fashion. Therefore we, with the consent of our chancellor, treasurer, comptroller and collector, wish and ordain that they shall be of a level of force, strength, robustness and efficacy as if the persons who were claimants or acquirers of the said alienations, dispositions, sasines, donations, reservations, rights, titles, confirmations, clauses and conditions, or those in whose favour these had been made, given, granted or drawn up, and those who by virtue of the same or thereby were able to claim or assert right, title or interest, specifically and in particular had been cited and had been brought together and came together, and their infeftments, rights, titles and all that follows and could follow from them specifically and in particular had been rescinded and were rescinded without any further stage or process of law. Further, we, with the advice of the foresaid, do unify and incorporate, all and singly, the foresaid lands, tenements, houses, rents, advantages and other things mentioned above, with their pertinents, into one body for all times to come, to be called our foundation of the hospice of our said burgh of Perth. We wish, decree and ordain that a single sasine taken up or to be taken up through one of the collectors or masters of the said hospice in the name of the above-mentioned poor members of Jesus Christ at the tolbooth of our foresaid burgh of Perth is and shall be in all time to come of the same strength, value and efficacy as if specific and particular sasines over the particular lands, houses, tenements and other things mentioned above, and over specific lands and restricted areas had been taken up and were taken up in dissolution of rents, advantages and other things mentioned above, notwithstanding lack of contiguity, and locational distance. In addition, we inhibit and prohibit our treasurers, comptrollers and collectors, present and future, their factors and deputes, and all others whose interest it is or could be, generally and specifically, that none of them should on his own account presume, attempt or assume a responsibility for the receipt or levying any part of the foregoing for any times, years or terms, past or future, or for the purpose of impediment or creating an obstacle for the foresaid paupers present or future or their successors, collectors or masters of the hospice in their name, in peaceful possession and enjoyment of the same. Similarly we require and ordain the lords of our council that they grant and issue letters of execution and charters regarding the foregoing in simple form within ten days at the request of the said paupers present and future, their collectors and masters of the hospice that it may satisfy them promptly and be obeyed in regard to the foregoing to the effect described above. We also instruct any who have been involved in intromitting or receiving the said rents and advantages and other things mentioned above that they should, in relation to the same said paupers present and future, their collectors and masters of the hospice, react promptly, pay attention, obey and make free dissolution, provided nevertheless that the same collectors or masters of the hospice each year fulfil their duty, and are chosen afresh by the foresaid minister and elders at election time as mentioned above. Likewise the minister and elders at their discretion are to allocate a reasonable stipend to the said collectors or masters of the hospice for their labours. We also ordain that the said collectors and masters of the hospice annually and every year not only render an account and calculation of their receipts, intromissions, distributions and applications of the foregoing to the superintendents and commissioners of the priory and to the ministers and elders of our said burgh, but also to our exchequer as required.
[1587/7/134]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, after his lawful and perfect age of 21 years complete and general revocation, has ratified and approved and, by the tenor hereof, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment underwritten made, given and granted by his highness to the provost, bailies, council and community of the burgh of Montrose and their successors of all and sundry the lands, tenements, houses, yards, orchards, acres, crofts, chapels, mills, fishings, with the ferms, teinds, customs, annualrents, dail silver, anniversaries, and others respectively mentioned in the said charter, which pertained to the friars, chaplainries and prebendaries specified therein, and whereof they were in possession and use to lift of before, as also with the superiorities, properties, tenants and tenantries of the lands aforesaid belonging to the said friars, chaplains and altarages, to the effect mentioned in the said infeftment and no otherwise; and wills, decrees and ordains the said charter and infeftment to be inserted and incorporated in this present act of parliament to have the strength thereof in time coming; and letters and executorials to pass thereupon after the form specified therein, of the which charter and infeftment the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout the land. Let it be known that we, moved by piety and by a true fear of the Lord and out of zeal for his glory, and out of compassion towards the poor, maimed, weak and pitiable, orphans and those deprived of their parents, infants, and other needy members of Jesus Christ within our burgh of Montrose, and for their permanent support and the assistance of a hospice in perpetuity, with the consent and assent of our late dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley etc., our lawful tutor and regent of the lieges and of our realm, and with the advice of the lords of our privy council, by means of another charter of ours under our great seal, freely gave, granted and conveyed, and for ourselves and our successors in perpetuity confirmed, to the provost, bailies, councillors and community of our said burgh of Montrose and their successors to the effect written below and not otherwise, all and singly, the ferms, the kanes and other dues of, all and singly, the tenements, houses, buildings, gardens, orchards, crofts, acres and fisheries which formerly pertained to the brothers preachers of our said burgh, or were acknowledged to pertain in any way, together with, all and singly, the annualrents, fruits, dues, profits, emoluments, the dail silver, death and anniversary dues, which related to them, wherever situated within our realm, with, all and singly, any lands, tenements, houses, buildings, churches, chapels, gardens, orchards, acres, crofts, annualrents, fruits, dues, emoluments, the dail silver, death and anniversary dues which [relate to] any chaplaincies, altarages, with all lands, annualrents, orchards, gardens and other dues pertaining to them, with all others in the parish church established in the said burgh, chapels of the brothers, and other churches within our said burgh, liberty and parish by whichever patron they were founded and funded, and of which the said friars as chaplains and prebendaries of the same were formerly in possession - wherever the same tenements, houses, buildings, orchards, gardens, acres, annualrents, crofts, anniversary payments, fruits, proceeds and emoluments lie or were accustomed to be levied as appropriate - with the church itself of the said friars and, all and singly, the accustomed annualrents or what they were able to demand from each other church or chaplaincy outwith our said burgh from provost and bailies from the common rent for the celebration of intercessions, together with, all and singly, the lands and tenements within our said burgh and its liberty as has been said, together with all annualrents from any house, tenement or land wherever they lie within it, and any chaplaincies, altarages, vicarages, churches, death or anniversary dues which have been granted, donated or founded, to be held and had from us and our successors in perpetuity in pure alms with various other clauses for the purpose mentioned above, just as is contained at greater length in the said charter completed in this regard and dated in Edinburgh on 1 January in the year of the Lord 1570, and also through one other charter with the advice of our foresaids under the great seal to the foresaid provost, bailies, councillors and community of our said burgh of Montrose and their successors; these we have given and granted for the purpose mentioned above, namely all and singly the annualrents, ferms and dues of, all and singly, the lands and annualrents formerly pertaining to the Carmelite brothers of Inverbervie, extending to the total of 45 merks 5s 4d, for whom they were formerly rented to Master David Lindsay, the minister, in feu ferm, to be held similarly from us and our successors in pure alms as above in perpetuity, just as is set out at greater length in the said other charter dated 23 June in the year of the Lord 1571 and shown and produced to us. Therefore we, understanding the foresaid charters and donations contained in them given and granted for good and pious causes in this way, and still being of that will and intention not only to continue and observe them in the form given above, but also to amplify them for the future for the foresaid pious causes, now after our lawful age has been declared in parliament, and after our general revocation made within it, do ratify, approve and for ourselves and our successors do confirm in perpetuity for the use of the foresaids only, in line with its contents in and through everything as is contained in it - not only by making these same charters and the dispositions contained in them without any revocation by us and our successors in perpetuity, by renouncing for them by the contents of our present charter - but also do give, grant and for ourselves and our successors in perpetuity confirm, afresh after our completed and lawful coming of age and general revocation mentioned above, from our certain knowledge and motivation towards the effect mentioned above, to the provost, bailies, councillors and community of our said burgh of Montrose and their successors, all and singly, the lands, tenements, houses, gardens, orchards, acres, crofts, chapels, mills and fishtraps, together with the ferms, teinds, customs, annualrents, the dail silver, anniversary payments and other things respectively as mentioned above which related to the said brothers, chaplaincies and prebends, and which the said friars, chaplains and prebendaries were formerly in possession of and customarily levied, together with the superiorities, proprieties, tenants and tenancies of the above-mentioned lands relating to the foresaid brothers, chaplains and altarages, to be held from us and our successors in perpetuity in pure alms, as they lie in longitude and latitude, with free entry and exit, and with, all and singly, the freedoms, advantages, profits, and easements and any just pertinents, named or not, under ground or above ground, far and near, relating to, or justly able to relate to, the foresaid ferms, the kanes and other dues specifically and respectively, with whatever pertinents for the future, freely, peacefully, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle; considering also the scale of the said fraud of the forementioned brothers, prebendaries and chaplains, who after the change of religion conveyed, alienated and granted into the hands of certain individuals a huge number of lands, annualrents, tenements and fishtraps which had formerly been mortified to their chaplaincies, prebends and places. Further, several of our lieges had claimed to themselves the right of certain lands, tenements, fishtraps and annualrents which had been mortified by their predecessors to these brothers, chaplaincies and prebends, and had by means of brieves of our chancellery or otherwise acquired sasine as if they were heirs of their predecessors, which seems to have happened partly by neglect on the part of the officials of our said burgh, and partly through the said collusion of the brothers, chaplains and prebendaries. Therefore we, now that our lawful coming of age has been decreed in our parliament, do by the contents of our present charter rescind and annul all alienations and sasines of this kind by which the original proposal and intention of the founders is infringed, by removing them to private use with the result that they could not be used to the above-mentioned effect. This declaration of ours we wish to be of the same robustness and efficacy as if the persons who held these had been specifically cited and their infeftments rescinded by process of law. We wish also that a single sasine through the said provost, bailies and any of them in the name of the said community once received at the tolbooth of the said burgh shall be adequately sufficient in perpetuity as if it had been taken up in respect of particular lands pertaining to the said brothers, chaplains and prebendaries or in relation to the foresaid annualrents, anniversary payments, ferms, profits and dues as mentioned above, distance notwithstanding. And so we instruct our comptrollers present and future, their collectors, factors and others who have an interest, in general and in particular, that none of them should presume to possess the foresaid lands or any part of them, or fishtraps, nor receive nor levy the said fruits mentioned in detail above, for any time past or in the future, and not impede the provost, bailies, councillors and community mentioned above, or their successors, in peaceful possession and levying of the same. We also require of our lords of council that they issue our charter in all four forms at the request of the said provost, bailies, community and their successors to the above-mentioned effect in the usual form. In testimony of this we have instructed our great seal to be applied to this, our present charter. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton etc., commendator of our monastery of Arbroath, Archibald [Douglas], earl of Angus, lord Douglas, Dalkeith and Abernethy etc., Lord John Maitland of Thirlestane, knight, our chancellor and secretary, the most reverend and venerable fathers in Christ Patrick [Adamson], archbishop of St Andrews, Walter [Stewart], prior of Blantyre, warden of our privy seal, our beloved familiars and councillors Alexander Hay of Easter Kennet, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master Robert Scott, director of our chancellery, at Holyroodhouse on 29 July in the year of the Lord 1587, and in the twenty first year of our reign.