[1592/4/114]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now after his age of 25 years, with advice of the estates of this present parliament, ratifies, approves and, for his majesty and his successors, perpetually confirms the contract and appointment made and perfected between his majesty on the one part and the late William Douglas, then of Glenbervie and last earl of Angus, father to his highness's right trusty cousin and councillor William, now earl of Angus, lord Douglas, Abernethy etc., which the late William, earl of Angus was at that time nearest and apparent male heir and of tailzie to the late Archibald [Douglas], earl of Angus, lord Douglas, Abernethy etc., his immediate successor in the said earldom of Angus, and also nearest and lawful apparent heir of tailzie to the late Archibald [Douglas], earl of Angus, who was great uncle to the said late Archibald, earl of Angus, that last deceased on the other part, of the date at Edinburgh, 7 March 1588 [1589], acted and registered in the books of council and discerned to have the strength of an act and decreet of the lords of council and their authority interposed thereto upon the same day, month and year regarding the renunciation, alienation and disposition made by his highness to the said late William, earl of Angus, his male heirs and of tailzie specified in the said contract, of all and sundry the lands, living and earldom of Angus specified therein, containing the particular lands, lordships, baronies, regalities, castles, towers, fortalices, mills, multures, woods, fishings, advocations, donations and right of patronages of kirks, benefices and chaplainries of the same and all their pertinents together with the lead mines and minerals thereof and pertinents of the same; and also ratifies, approves and confirms the said late William, earl of Angus's service and retour, whereby he was served and retoured as nearest and lawful heir to the said late Archibald, earl of Angus that last deceased in the foresaid earldom of Angus, with his infeftments and sasines of the same passed upon the said retour, and also the said William, now earl of Angus, his retour, infeftments and sasines of the same earldom with the pertinents as nearest and lawful heir to his said late father, with all other infeftments, sasines, retours and rights, if any be passed upon the said contract, in favour of the said late William, earl of Angus, William, now earl of Angus, his son, or either of them, in all and sundry points, passages, articles, clauses, immunities, privileges, liberties, conditions and circumstances thereof whatsoever therein contained; and decrees and declares that the foresaid contract and appointment with the services, retours and infeftments respectively above-written following thereupon passed and made in favour of the said late William, earl of Angus, William, now earl of Angus, his son, his heirs and assignees, presently are, have been since the first making thereof and shall be in all time coming effectual, good, valid and sufficient in themselves to the said William, now earl of Angus, his heirs and assignees mentioned in the said contract and to whom he shall happen to tailzie or provide the foresaid living and earldom of Angus in time coming, for peaceable possessing and enjoying of the same whole earldom and living of Angus with the pertinents and every part of the same perpetually in all time coming according to the tenors thereof in all points, notwithstanding whatsoever right our said sovereign lord has, or may pretend thereto, by forfeiture as nearest of kin to any of his predecessors or otherwise by whatsoever right competent to his highness, and notwithstanding his majesty's revocation made in this present parliament, or to be made in any time hereafter or any others of his highness's revocations, acts, laws, statutes or constitutions general or special made, or to be made, in the contrary in prejudice thereof, under the which the foresaid contract, services, retours, infeftments and sasines respectively above-written nor any of them, nor nothing therein contained, shall never be comprehended by any manner of way. And further, his majesty, with advice of the said estates and whole body of this present parliament, wills and grants and, for his highness and his successors, decrees and ordains that this present general ratification and approbation of the contracted services, retours, infeftments and sasines above-written is, and shall be, of as great efficacy, force, strength and effect in all respects and conditions as if the same were at length and word by word engrossed herein.
[1592/4/115]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament, understanding that diverse of the free tenants and heritable feuars of the temporal lands of the priory of St Andrews, being for the most part mean vassals, have been entered to their lands by his highness's trusty cousin and councillor Ludovic, duke of Lennox, commendator of the priory of St Andrews, and his steward since the making of the late act of annexation of all ecclesiastical lands to the crown that being in good faith that the right of the superiority continued in the person of the said commendator; and considering that a great number of the said vassals are of so mean rent and quality that they are not able to make the expenses upon their resignation and interests at his highness's chancellery, and also in respect that a great part of the patrimony of the said abbey is exhausted by tacks and pensions taken out of the same so that little or no commodity thereof shall remain with the said commendator if he be excluded from the superiority thereof; therefore our said sovereign lord and estates foresaid grant and convey to the said commendator, during all the days of his lifetime, the right of the superiority of the temporal lands of the said priory of St Andrews, with power to him and his commissioners and others in his name specially constituted to that effect according to the old use and custom used by the said commendator and his predecessors in the said prelacy, to receive all and sundry resignations to be made by whatsoever heritable tenants or feuars of the said temporal lands and to give interests to them and their heirs of the said temporal lands according to their old infeftments made to them thereupon; and also ratify and approve all and whatsoever resignations made in any time bygone since the said act of annexation to whatsoever feuars of the said lands in the hands of the said commendator, his steward and commissioners foresaid with all and sundry interest made and given by them in time bygone, declaring all and sundry resignations and interests of the free tenants of the said priory made, or to be made, to be as good, valid and sufficient to the receivers thereof for possessing and enjoying of the said lands as if the same had been given and granted by his highness, or if they had been entered by his highness's chancellery, notwithstanding of the said act of annexation, to the which this present act shall make express derogation in so far as the same may be extended to the superiority of the said lands during the said commendator's lifetime.
[1592/4/116]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament have seen and at length considered the infeftment made by our sovereign lord, with advice and consent of [David Seaton of Parbroath], his highness's comptroller, after his majesty's perfect age of 25 years complete, to his well-beloved uncle Robert, earl of Orkney, lord of Shetland in liferent, and to Patrick [Stewart], master of Orkney, his eldest son and heir apparent, and to his male heirs lawfully to be procreated of his body, which failing to the male heirs lawfully procreated or to be procreated of the said Robert, earl of Orkney, his body, which failing to his highness's dearest cousin Ludovic [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton and d'Aubigny, and to his male heirs lawfully procreated or to be procreated of his body, which all failing to return to our said sovereign lord, his heirs and successors, of all and whole the earldom of Orkney and lordship of Shetland, main lands, isles, islets, with the castle of Kirkwall, mills, multures, fishings in fresh water and salt with advocation, donation and right of patronage of all and sundry prelacies, dignities, parsonages, vicarages of kirks, prebendaries, chaplainries, stewards and of all other ecclesiastical benefices founded and lying within the foresaid earldom and lordship, as well the patronages which pertained to our said sovereign lord and his predecessors of old as which appertained to ecclesiastical persons and were lately devolved in his highness's hands by the laws and constitutions of this realm, with tenants, tenancies, service of free tenants and others particularly contained in the said infeftment, which are all united, annexed and incorporated in the said earldom and lordship and endued with the estate and honour of a lord in parliament, together with the offices of justiciary and sheriffship of the said earldom and lordship, with all fees, duties and casualties appertaining thereto, for the yearly payment of the sum of 3,110 merks good and usual money of this realm at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of feu ferm, as for the duty of foresaid lands and doubling of the said feu ferm the first year of the entry of the heir, and for payment of one penny in name of blench for the said offices of justiciary and sheriffship, and with administration of justice to all our sovereign lord's lieges in the said offices, as in the said infeftment, which is of the date at Linlithgow, 11 March 1591 [1592], at more length is contained; and the causes of the said infeftment, for the which the same was granted and which are specified therein, being now tried by our said sovereign lord and his said estates of parliament, they have found and declared, and by the tenor hereof, find and declare the said causes to have been and to be causes true, veritable, sufficient and seen to his highness and said estates, to be profitable for the well of his majesty and of the realm; and therefore, our said sovereign lord and his estates foresaid have declared and declare that his highness for the causes foresaid might have conveyed the foresaid earldom and lordship and lands therein contained with pre-eminencies and offices above-specified to his said right trusty uncle Robert, earl of Orkney, the said Patrick, his eldest son and heir apparent, and to their heirs and successors foresaid, for payment of the duties and doing of the service above-specified, to the which disposition his majesty and his said estates in parliament of their certain knowledge and after due trial and examination in the cause have interposed, and interpose, their decreet and authority by this ratification. And to the effect the said infeftment may abide and remain in full force, strength and effect in all time hereafter, our said sovereign lord and his said estates in parliament ratify and approve the same and of new gives, grants and conveys the same to the said Robert, earl of Orkney in liferent, and to the said Patrick, master of Orkney, his son, in fee and heritage, all and whole the said earldom and lordship, pre-eminence and offices foresaid, to be held, enjoyed and possessed by them after the form and tenor of the said former infeftment in all points; and ordain a new infeftment to be completed thereupon to them with all clauses needful, keeping the substance foresaid if they think it needful and expedient for their security. And further, our said sovereign lord and estates foresaid have dissolved and dissolve the lands of the earldom of Orkney and lordship of Shetland with the patrimony and offices foresaid from the annexation thereof to the crown, to the effect that the said former infeftment already completed or the said new infeftment, if the same be thought expedient by the said Robert, earl of Orkney and his foresaids, may remain in full strength and force perpetually hereafter. And his majesty and his estates of parliament have declared and declare and, for majesty and his successors, decree and ordain the said dissolution presently made to be as good, valid and effectual in itself to the effect foresaid as if the same dissolution had been made in parliament before the granting of the said former infeftment, supplying the same and all defections that may result thereby in all points by this ratification. And moreover, because it is fully understood to his majesty and his estates foresaid that [Mary], our said sovereign lord's late dearest mother, after her perfect age, conveyed to the said Robert, now earl of Orkney, the right of patronages of all the benefices within Orkney and Shetland, likewise the right of the said patronage was renewed to him diverse times thereafter, and last of all, the right of patronage of all the said benefices are conveyed to the said Robert, earl of Orkney in liferent, and to the said Patrick, master of Orkney, his son and heir apparent, and his foresaids, in fee and heritage, as is before specified; therefore our said sovereign lord and his said estates, upon certain knowledge, after examination of the cause, have found and declared and, by the tenor hereof, find and declare the right and title of the said patronages to have remained with the said Robert, now earl of Orkney, from the time of his said first infeftment and to remain with him in liferent, and the said Patrick, master of Orkney, his heirs and assignees foresaid in fee and heritage in all time coming; and that no other has had nor shall pretend right thereto, notwithstanding of whatsoever act, statute or constitution made in this present parliament or any of his highness's revocations general or special made therein, or at any [time]† heretofore before the date hereof.