[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.