[1592/4/139]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, understanding that [Henry Stewart], his highness's late dearest father, and [Mary], his mother, of most noble memory, king and queen of this realm, conveyed to Master David Chalmers of Ormond, one of the ordinary senators of the college of justice, his heirs and assignees in feu ferm, all and whole the town and lands of Castleton and boats thereof, Belmaduthy, Auchterflow and Meikle Suddie, with the mill, mill lands, ale houses and ale house croft thereof, lying within the lordship of Ardmeanach and sheriffdom of Inverness, to be held of our said late sovereign lord and lady, his majesty's predecessors and their successors for yearly payment according to the old rental, with a yearly augmentation contained in the said Master David's charter of feu ferm of the date at Stirling, 23 December 1566, which was duly ratified and approved by her majesty, with advice of the whole estates of her parliament held at Edinburgh, 19 April 1567, in her highness's perfect age, likewise our sovereign lord, after his perfect age of 25 years complete, under the testimony of his great seal, has ratified and confirmed the said infeftment (with a clause of novodamus); together with the said act of parliament of the dates respectively foresaid, just as the said confirmation of the date at Edinburgh, 2 July 1591, with the said infeftment and act of parliament bears; likewise also his majesty in his perfect age of 21 years and act of annexation, annexing the spiritual lands to the crown, conveyed to the said Master David heritably all and whole the glebes and manses of the chancellery of Ross and vicarage of Suddie, all and whole the glebe, manses and kirklands of Kynnettis (with the teinds included) lying in the Chanonry of Ross at the kirks of Suddie and Kynnettis respectively within the diocese of Ross and sheriffdom of Inverness; also and all and whole two oxgang of Navity, with the pertinents, lying within the sheriffdom of Cromarty, bounded, to be held and for payment respectively specified in the said Master David's infeftments made relating thereto. And moreover, his majesty has given, granted and conveyed to the said Master David, his heirs and assignees, all and whole the tenement of land back and fore, under and above, with the pertinents, lying within the burgh of Edinburgh on the south side thereof at the head of the close called Stewart's Close, endowed of old to the college kirk of Crichton and pertaining to our said sovereign lord by virtue of the said act of annexation, which infeftment, with the said glebes, manses, kirkland, two oxgang of land of Navity, together with the said tenement of land lying as said is, his highness, after his perfect age of 25 years complete, has ratified, approved and of new given as his grace's disposition thereof of the date at Edinburgh, 2 July 1591, at more length purports. And seeing this is the first parliament after his majesty's perfect age of 25 years complete, his majesty, with advice of the estates of this present parliament, ratifies, approves and confirms the foresaid dispositions, infeftments and act of parliament of the dates and tenors above-mentioned, for giving of the same further strength, force and effect, if any further right, consent or authorisation may be found needful thereto in any time hereafter; and wills that this present ratification be extended and interpreted in as ample form as the said act made in the said Master David's favour and ratified in parliament, held by his highness's late dearest mother, with all and sundry points, articles and clauses specified in the same.
[1592/4/140]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament ratify and approve the infeftments made by our said sovereign lord to his beloved Alexander Home of North Berwick, his heirs and assignees therein specified, of the barony of North Berwick, lands, mills, fishings, houses, yards, mansions, feu ferms, tenants, tenancies and service of free tenants of the same, advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk of North Berwick therein contained: the one thereof made by our said sovereign lord after his perfect age of 21 years, the other after his perfect age of 25 years complete, both containing liberty of free barony, as the same at more length purport; which infeftments our said sovereign lord and his estates of this present parliament, decree and ordain to stand in full force, strength and effect, and in no way to be comprehended under any of his highness's revocations, either in general or in special, from the which and every one of them, our said sovereign lord and his said estates have declared and declares the said infeftments to be excepted.
[1592/4/141]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament ratify and approve the first original infeftment made by our sovereign lord after his perfect age of 21 years complete to his well-beloved Sir Robert Melville of Murdocairnie, knight, his highness's treasurer, his heirs and assignees and successors therein specified, of all and whole the wood of Garvock and manured lands thereof, mansion and houses of the same; and also of all and whole the barony of Burntisland and lands annexed thereto, with the castle and fortalice of the same, advocation, donation and right of patronage of the benefices, with procuratories and instruments of resignation whereupon the same proceeded, together with diverse other infeftments of the same lands and barony made to the said Sir Robert and Robert Melville, his lawful son, and their heirs therein mentioned, specially the last infeftment made thereof to them by our said sovereign lord in his perfect age; and find and declare the same to have orderly proceeded and to have been justly and well given and granted to the said Sir Robert, his said son, their heirs and successors therein mentioned, for the reasons and causes specified in their said infeftments. And therefore, his majesty and his said estates of parliament have ratified and approved and, by the tenor of this ratification, ratify and approve the said infeftments, with the procuratories and resignations whereupon the same proceeded, in all heads, clauses, articles and circumstances thereof, and declare, decree and ordain the same to stand in full force, strength and effect to the said Sir Robert, his said son, their heirs and successors therein contained, for possessing of the said barony, lands and others annexed thereto in all time coming, notwithstanding any statute and ordinance, general or special revocation made in this present parliament, or at any time before the date hereof.
[1592/4/142]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, after his lawful and perfect age of 25 years complete, with advice of his estates in this present parliament, ratifies, approves and confirms the letters of gift made, given and granted by his highness, with advice and consent of his trusty and well-beloved councillors, Sir John Maitland of Thirlestane, knight, chancellor, Thomas [Lyon of Baldukie], master of Glamis, treasurer, Sir Lewis Bellenden of Auchnoull, knight, justice clerk, Sir Robert Melville of Murdocairnie, knight, treasurer depute, and Master Robert Douglas, provost of Lincluden, collector general and treasurer of the new augmentations, to his daily servant, Andrew Melville of Garvock, his majesty's master household, during all the days of his lifetime, of all and whole a yearly pension of all and sundry the feu mails and annualrents of the temporal lands of the abbacy of Crossraguel pertaining to his highness by virtue of the act of annexation of temporal and kirk lands to the crown, extending yearly to the sum of 400 merks money of this realm, a safe and just calculation, together with 8 chalders of oats yearly to be taken up out of the third of the old assumption of the oats of the bishopric of St Andrews at the terms of payment used and wont in all and sundry points, articles and clauses thereof; decreeing and ordaining that the said gift is not, nor shall not, be comprehended in any of his past revocations or to come, but specially excepted and reserved out of the same.
[1592/4/143]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, having consideration of the good, true and thankful service done to his majesty and his predecessors, specially tending to the setting forward of the common welfare of this realm by his highness's familiar servant Sir John Murray, one of his majesty's master householders, and his predecessors these many years bygone, sufficiently known to his majesty, therefore ratify, approve and confirm the charter and infeftment made by his majesty after his highness's lawful and perfect age of 25 years complete and general revocation made of before, to the said Sir John Murray of Tullibardine and his male heirs, lawfully procreated or to be procreated of his body, which failing to his nearest and lawful male heirs whatsoever bearing the surname and arms of Murray, of all and sundry the lands and lordship of Balquhidder, with castles, towers, mills, woods, fishings and others thereof particularly contained in the said charter, containing therein an union of the same, with his majesty's promise to make this present ratification, and all and sundry other points, articles, heads and clauses contained in the said charter and infeftment after the form and tenor thereof in all points, as the same of the date at Holyroodhouse, 14 October 1591, bears.
[1592/4/144]*[print] [email] [cite] [preceding] [following]
†Forasmuch as our sovereign lord in the month of January 1588 [1589], after his perfect age of 21 years, gave and granted to Sir John Cockburn of Ormiston, knight, and Dame Janet Home, his spouse, the longer liver of the two, and the male heirs lawfully procreated or to be procreated between them, which failing, to the said Sir John, his male heirs and assignees, all and whole the barony of Ormiston, with annexes, connexes, parts and pendicles thereof specially mentioned in the said infeftment which proceeded upon the said Sir John's own resignation in our said sovereign lord's hands for the said new infeftment to be granted in free blench, whereas the said lands and barony were held of before by service of ward and relief, and also by the said new infeftment the advocations, donation and right of patronage of the parish kirk of Ormiston is united and annexed to the said barony, as the said infeftment at more length purports. And our said sovereign lord and his said estates of parliament, having consideration of the good, true and thankful service done to his highness by the said Sir John, in the which he has been often employed since his majesty's coronation, to his great charges and expenses, have ratified and approved and, by this ratification, our said sovereign lord, for his highness and his successors, confirms the said infeftment in all clauses and circumstances thereof, ordaining the same to stand in full effect, force and strength to the said Sir John, his said spouse, their heirs and assignees foresaid in all time coming, notwithstanding of the change of the ward service in free blench and right of patronage, and notwithstanding of whatsoever revocations made by our said sovereign lord before the date hereof.
[1592/4/145]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, has declared and, by the tenor hereof, declares that the benefit of pacification, restitution and abolition made in favour of the bairns and heirs of the late Patrick Whitelaw of that Ilk at any time heretofore, or that shall happen to be made or granted in their favour at any time hereafter, shall in no way be extended to the lands of East Fenton, commonly called Fenton Tower of Over Sydserf, with the tower, fortalice, manor places, houses, buildings, yards and pertinents of the same whatsoever, lying within the constabulary of Haddington and sheriffdom of Edinburgh, but that the said lands and others above-written, with their pertinents, shall pertain to his highness and his successors as fallen and become in his highness's hands through the process and doom of forfeiture led and deduced against the said Patrick Whitelaw of that Ilk, to be used and conveyed by his highness and his successors in all time coming at his pleasure, notwithstanding whatsoever pacification, restitution, abolition or other act of parliament whatsoever granted or to be granted that may be extended or interpreted in the contrary, which his highness in that part expressly revokes, makes void and declares to be null and of no value; and that our said sovereign lord, with advice foresaid, revokes, makes void and annuls all infeftments, gifts and dispositions made by his highness of the said lands, tower, fortalice and others above-written, with their pertinents, to whatsoever person or persons heretofore preceding by reason of the said forfeiture, or by whatsoever other manner of way with all that has followed or may follow thereupon.
[1592/4/146]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, after his lawful and perfect age of 25 years complete, has declared and, by the tenor hereof, declares that the benefit of pacification, restitution and abolition made and granted in favour of John Mossman, goldsmith, burgess of Edinburgh, at any time heretofore, or that shall happen to be made and granted in his favour at any time hereafter, shall in no way be extended to the lands of Longhermiston, Currie and mill thereof, nor to annualrents out of the same, which pertained to the late James Mossman, lying within the sheriffdom of Edinburgh principal, but that the said lands, annualrents and others above-written, with their pertinents, shall appertain to our said sovereign lord and his highness's successors as fallen and become in his highness's hands through the process and doom of forfeiture led and deduced against the said late James Mossman, goldsmith, to be used and conveyed by his highness and his successors in all time coming at his pleasure, notwithstanding whatsoever pacification, restitution, abolition or other act of parliament granted or to be granted that may be extended or interpreted in the contrary, which our said sovereign lord in that part expressly revokes, makes void and declares to be null and of no value; likewise his highness, with advice foresaid, revokes, makes void and annuls all infeftments, gifts and dispositions made by his highness of the foresaid lands and annualrents, with their pertinents, to whatsoever person or persons at any time heretofore proceeding by reason of the said forfeiture or by whatsoever other manner of way with all that has followed or may follow thereupon.
[1592/4/147]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, remembering that his majesty, upon a special, good consideration mentioned in the infeftment after-specified, with advice of Andrew Wood of Largo, his highness's comptroller for the time, in the month of January 1585 [1586], gave and conveyed heritably in feu ferm to his grace's beloved Master Gilbert Moncrieff, his highness's doctor, his heirs and assignees, all and whole the lands of Myreside and Bachilton, with their parts, pendicles and pertinents, lying in the lordship of Methven and sheriffdom of Perth, to be held of his majesty and his successors in feu ferm, for payment of certain yearly duty specified in the infeftment granted thereupon to the augmentation of his highness's rental; and also that his highness, respecting the particular cause mentioned in the said former infeftment in the month of July 1587, after his majesty's perfect age of 21 years complete and general revocation made in parliament, with advice of his grace's comptroller for the time, gave and conveyed in feu ferm to the said Master Gilbert, his heirs and assignees heritably, all and whole the said lands of Myreside and Bachilton with their parts, pendicles and pertinents, lying within the lordship and sheriffdom foresaid, to be held of his highness and his successors in feu ferm; and also that his majesty, in the month of September 1591, after his highness's lawful and perfect age of 25 years complete, with advice of David Seaton of Parbroath, comptroller, upon the said Master Gilbert's resignation, not only gave and conveyed heritably in feu ferm to the said Master Gilbert Moncrieff, his heirs and assignees whatsoever, all and whole the foresaid and pertinents lying within the lordship and sheriffdom above-rehearsed, but also for the good and thankful service done and to be done by the said Master Gilbert to his highness, of sure knowledge and free will of new, gave and conveyed to the said Master Gilbert, his heirs and assignees, all and whole the said lands of Myreside and Bachilton, with houses, buildings, yards, parts, pendicles, annexes, connexes, tofts, crofts, outsets and all their pertinents, together with all right, title, interest, claim of right as well petitioner as possessor, which his highness, his predecessors or successors had, has or in any way might claim or have thereto or any part thereof or to the feu mails, feu ferms, profits and duties of the same, of whatsoever years and terms bygone by reason of ward, non-entries, relief, escheat, forfeiture, resignations, purprestures, disclamations, bastardry, provisions of tailzie, reductions of infeftments, sasines or retours, alienation of whole or most part, or for whatsoever other cause, action or occasion bygone, renouncing and discharging the same with all action and instance thereof for his grace and his successors to the said Master Gilbert, his heirs and assignees, for then and ever with an agreement not to petition, and with supplement of all faults, as well not named as named, which his highness has held as expressed in the said last infeftment, to be held of his majesty and his successors in feu ferm for payment of the yearly ferm and duty contained in the first and second infeftments, in no way to the diminution of his highness's rental, but to the augmentation thereof, as in the said three infeftments of feu ferm under the great seal and sasines respectively following thereupon are at more length contained; therefore our said sovereign lord, considering the long, good, true and faithful service done to his highness and his grace's dearest cousin Ludovic [Stewart], duke of Lennox, at his highness's special command and direction, whereof his majesty has good experience, and willing to give him the better occasion to continue therein in time coming, with advice of the estates and whole body of this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the whole three infeftments of feu ferm respectively above-written made and granted by his majesty, with advice of his grace's comptrollers, to the said Master Gilbert Moncrieff, his heirs and assignees whatsoever, of all and whole the said lands of Myreside and Bachilton, with houses, buildings, yards, parts, pendicles, annexes, connexes, tofts, crofts, outsets and all their pertinents lying within the lordship and sheriffdom foresaid, whole articles, clauses and conditions specified and contained in the same infeftments of feu ferm, together with the sasines respectively following thereupon after the forms and tenors thereof; and wills and grants and, for his highness and his successors, perpetually decrees and ordains that this present general ratification, approbation and confirmation is, and shall be, as sufficient as if the foresaid infeftments and sasines respectively following thereupon were at length, word by word, inserted herein for the said Master Gilbert's, his heirs', successors' and assignees' better security of the premises.
[1592/4/148]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, willing that the gift and letter of pension of twenty chalders of victual to be taken out of the surplus of the thirds of the priory of St Andrews made and given by his highness to Patrick Hume, apparent heir of Polwarth, and Patrick Murray, his domestic servant, shall be effectual in all time coming, with advice of the estates of this present parliament, ratifies and approves the said letter of pension and special assignation therein contained, of the date 18 October 1589, and of new gives and conveys the same to them according to the former gift in all points; and wills, statutes and ordains that the said letter of pension and assignation foresaid be in no way hurt nor prejudiced by any erection of the kirklands of the said priory in a temporal lordship, but they peaceably to possess the same notwithstanding thereof and of all other acts made in the contrary, to the which this ratification makes express derogation. And seeing the said pension has been held and possessed by the said Patrick Hume and Patrick Murray by virtue of their said gift, as a part of the surplus of the thirds of the said priory these diverse years bygone, which was reserved to his highness and unassigned to the ministry, therefore his highness likewise wills and ordains that the same shall at all times hereafter remain as a part of the said surplus, to be free of all assignations made or to be made to the ministry of any part of their stipends and of all other impediments that in any way may stop or trouble them in the peaceable possessing and enjoying of the same.
[1592/4/149]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament have ratified and approved and, by this ratification, our said sovereign lord, for his highness and his successors, ratify, approve and perpetually confirm the pension and letters of gift granted by our said sovereign lord to his highness's beloved servant Thomas Erskine of Gogar, eldest lawful son to the late Alexander Erskine of Gogar, and to Master George, James, and Archibald Erskine, also his lawful sons, proportionally amongst them, as is contained in the said gift, of all and whole the yearly pension of money and victual therein contained, which gift is under the privy seal of the date 6 September 1591, in all and sundry points, articles and clauses thereof; and decree and declare that this present ratification of the said gift in this general form shall be as sufficient as if the said letter of gift were inserted in this ratification. And further our said sovereign lord, with advice of his said estates, for his heirs and his successors, declares and decrees that the said letter of gift shall be a full right to the said Thomas, Master George, James and Archibald Erskine, and every one of them, for possessing of the said pensions proportionally in manner and form specified in the said gift during their said lifetimes, notwithstanding of any of his highness's revocations, either in general or in special, from the which, and every one of them, our said sovereign lord and his said estates has declared and declare the said gift shall be excepted, as also notwithstanding of the act of revocation made in the month of February 1580 [1581], to the which this ratification shall make express derogation.
[1592/4/150]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord the king's majesty and estates, understanding and considering that in respect of the long service of his beloved Thomas Lindsay, Snowdon herald, collector depute within the bounds of Lothian and Merse, and for sundry reasonable and good causes moving his majesty, he gave, granted and conveyed to the said Thomas and Bernard Lindsay, his son, during all the days of their lifetimes respectively and successively after others, all and whole six chalders, four bolls of barley yearly to be uplifted of the best and readiest of the surplus of the thirds, ferms and duties of the abbacy of Fearn, and twenty bolls of horse corn also to be taken up by them of the thirds and surplus of the deanery of Restalrig, teinds and ferms thereof, according to the gift and disposition made by his highness thereupon, as the same at length bears, which six chalders, four bolls of barley above-specified the said Thomas had of before assigned and conveyed to him in yearly fee for his service, whereof he has been in possession these diverse years past, likewise he yet is; and that since the gift thereof foresaid made to the said Thomas and his son there is an heritable infeftment and disposition made by his majesty to Patrick Gordon of Letterfourie of all and sundry the lands and possessions pertaining to the said abbey of Fearn, and that the time of the granting thereof to him, it was his majesty's mind and intention that thereby the said Thomas and his said son in no way be hurt nor prejudiced regarding their pension of the victual foresaid, but that the gift thereof should remain effectual to them during their lifetimes, likewise the said Patrick faithfully promised to his highness, before the subscribing of the said infeftment, that the same should in no way hurt nor prejudice the said Thomas and his son regarding the gift foresaid of the victual above-written, and his majesty being yet of the same mind and intention, by this ratification declares his will relating thereto; therefore, with advice of his said estates in plain parliament, has ratified, approved and confirmed and, by the tenor hereof, ratifies, approves and confirms the gift and disposition foresaid made to the said Thomas and Bernard, his son, of the victual above-mentioned in all points, after the form and tenor thereof, and of new gives, grants and conveys to them and either of them respectively and successively after others during their lifetimes, all and whole the victual above-written so that they shall peaceably receive, intromit and uplift the same during all the days of their lives without any impediment, question or contradiction whatsoever; and decrees and declares the gift foresaid to have full force, strength and effect in time coming, notwithstanding whatsoever infeftment, right, title or disposition made by his highness to the said Patrick Gordon of the abbacy foresaid, lands and possessions thereof, or any other dispositions made of the same in any way, or any revocation made or to be made by his highness thereof; which infeftment and disposition made to the said Patrick in so far as the same may be hurtful or prejudicial to the said pension only, his majesty, with advice foresaid, revokes, makes void and annuls, and also wills and declares that this present ratification and approbation of the gift above-written of the victual above-expressed is, and shall be, as good, valid and sufficient in all respects as if the same had been specially excepted and reserved in the said infeftments and dispositions.
[1592/4/151]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, respecting the good, true, thankful and acceptable service done to his highness these many years bygone by his well-beloved servant Master George Young, archdean of St Andrews, in great and weighty affairs of his estate, both within and without the realm, whereof he has worthily discharged him to his highness's honour and contentment; and finding it, in that respect, most reasonable that the pensions mentioned within either granted to him immediately by his highness in a remembrance of his said service, or given to him by others and confirmed by his majesty, should by the approbation of the said estates in parliament be made effectual and valid to him and his according to the content and tenor thereof in all points; therefore his highness, with advice foresaid, ratifies and approves the gift of pension of £200 granted by his majesty and often confirmed to the said Master George and others mentioned within, out of the readiest customs of the burgh of Edinburgh, dated at Falkland, [...] June 1591, the pension granted likewise by his majesty of the sum of £80 to be paid to him yearly by the commendator of Glenluce, as the duty wherein he is due yearly to his highness for the disposition made to him by his majesty of his own monks' portions, together with the pension and assignation therein contained, made, given and granted to the said Master George and others specified within by the late Robert [Pitcairn], commendator of Dunfermline, and Patrick [Gray], master of Gray, likewise commendator thereof for the time respectively, out of the readiest fruits of the said living; and for his better security out of the readiest duty of the tack of the kirk of Carnbee, willing and granting and, for his highness and his successors, decreeing and ordaining all and sundry the said pensions and assignations foresaid to be and remain valid and effectual to the said Master George and others specified therein in all and sundry points, clauses and articles thereof enduring their lifetimes; and this present act to be as largely interpreted and extended in favour of the said Master George and his foresaids as if the said pensions were at length herein inserted; and decreeing the same to be good, valid and sufficient to him and them for possessing and enjoying of the said whole pensions and assignations foresaid according to the tenor thereof in every point, notwithstanding of the act of repossession extended in favour of Master George Durie, or any claim made by him to the said parsonage of Carnbee; to the which his majesty and estates foresaid will and ordain this present act to make express derogation so far as concerns the assignation foresaid, decreeing and ordaining that notwithstanding of the said act of repossession, or any other that may be interpreted or extended to the prejudice of the said assignation, the said Master George and his foresaids shall possess the same unaltered or taken away, in the same way as the same had never been made.
[1592/4/152]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates in parliament, having consideration that his highness's familiar and domestic servant, Alexander Young, usher, depute of his highness's chambers, has bestowed the whole time of his youth in his highness's service, awaiting continually upon his majesty's person from the time of his highness's infancy to this hour, and calling to remembrance that the said Alexander, partly by his highness's gift and liberality, partly by his own travail and industry, has conquest the rights of the rooms and possessions after-specified, has therefore, of his highness's certain knowledge, in recompense of the said service and to give the said Alexander the better occasion to continue in time coming for good causes and considerations known to his highness, and foreseen to the said estates, after his highness's perfect age of 25 years complete and his highness's general revocation, ratified and approved and, by the tenor hereof, ratifies and approves all and sundry infeftments, donations, dispositions, confirmations, gifts of pensions and other rights and securities whatsoever made by his highness of before to the said Alexander Young, his heirs and assignees specified thereto, of the lands of Inch; and of diverse tenements of land, yards and acres lying within the lordship of Pittenweem and sheriffdom of Fife; the town lands and fishing of Little Keithock and quarter lands of Kincairney, lying within the lordship of Dunkeld and sheriffdom of Perth; and the tenements of land, crofts and annuals which pertained to the canons and chaplains of the cathedral kirk of Elgin, lying within the sheriffdom of Moray; and of certain towns, lands and pensions out of the bishopric of Ross within the sheriffdom of Inverness; and wills and grants and, for his highness and his successors, decrees and ordains that this present act shall be as largely interpreted and extended in favour of the said Alexander and his foresaids as if all the said infeftments, gifts, donations, confirmations, other rights and securities were at length inserted hereunto with all the heads, articles and clauses thereof, and that the same shall be good, valid and sufficient to the said Alexander and his foresaids for possessing and enjoying of the said lands, rooms, possessions, crofts, annuals and pensions according to the tenor of the said rights, notwithstanding the act made regarding the annexation of the whole kirklands within this realm to his highness's crown, or whatsoever head or clause therein contained, and notwithstanding whatsoever other act made in this present parliament, or in any other parliament preceding the same, or that shall happen to be made hereafter, which his highness, with advice foresaid, declares shall in no way be extended to anything that may hurt or prejudice his highness's foresaid servant and his heirs regarding the premises, or any part thereof, but for his highness and his successors dispenses with them relating thereto by this ratification for ever.
[1592/4/153]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament have seen and considered a charter and infeftment of feu ferm granted by John Stewart, son lawful to Francis [Stewart], sometime earl of Bothwell, and commendator of the abbey of Coldingham, convent and steward thereof; as also with consent of our said sovereign lord and of the said sometime earl and of certain others to Sir George Home of Prymroknow, knight, his heirs and assignees, of all and whole the lands of Horsley, with their pertinents, lying within the barony of Coldingham and sheriffdom of Berwick, to be held of the said commendator and convent and their successors in feu ferm and heritage, as the said infeftment bears; which infeftment, with the sasine and all that has followed thereupon, our said sovereign lord and his said estates have ratified and approved and, by this ratification, ratify, approve and confirm in all points, clauses and articles thereof, and the said ratification in this general form to be as sufficient as if the said infeftment were at length inserted in this ratification. And further our said sovereign lord, with advice of the said estates, for his highness and his successors, declares and decrees that the said infeftment granted to the said Sir George and his foresaids shall be a full and sufficient right to them for possessing and enjoying of the said lands according to the tenor thereof, notwithstanding whatsoever processes of forfeiture led, or to be led, against the said Francis, sometime earl of Bothwell, or whatsoever sentence or judgement given, or to be given, against the inability of his heirs and posterity, and specially against the said John Stewart, commendator foresaid, that they shall possess no lands, heritages, rooms, benefices or possessions within this realm, and notwithstanding whatsoever other reason that may be opposed against the said infeftment and validity thereof in any way.
[1592/4/154]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, remembering the long, good, true and faithful service done to his majesty, as well in his highness's minority as majority, by his grace's daily servant John Gibb, one of the valets in his grace's chambers, and willing to give him the better occasion to continue therein in time coming, with advice and consent of the estates of this present parliament and whole body of the same, ratifies, approves and, for his majesty and his successors, perpetually confirms the letters of constitution and ordination made and granted by our sovereign lord and lady, with an express consent and assent to the said John Gibb and James Gibb, his son and apparent heir, and the longest liver of the two successively, during all the days of their lifetimes, making, constituting and ordaining them keepers of the place and yards of Dunfermline, as well vacant by decease of the late Robert [Pitcairn], commendator of Dunfermline, and monks departed this present life, or when the same shall fall vacant by decease of any of the monks, present possessors thereof, and giving to them and each one of them the office thereof for all the days of their lifetimes, with power to the said John Gibb and James, his son, and each one of them, to make deputes for keeping of the foresaid place and yards for whom they shall be held to answer. And for keeping of the which place and yards, and using of the office thereof, our said sovereign lord and lady gave, granted, conveyed and specially assigned to the said John and James, and the longest liver of the two during their lifetimes, all and whole the feu mails of the town and lands of Masterton, with the pertinents, being a part of the patrimony of the said abbacy of Dunfermline, together with the whole teind victual, teind straw extending to forty threaves, kanes, reek fowls,† customs and other duties whatsoever, whereof the feuars and possessors of the foresaid town and lands have been in use of payment to the commendators of the said abbacy and their chamberlains in their names since the setting of the same lands in feu, to be paid to the said John and James, and each one of them respectively during their lifetimes, at the terms of payment used and wont at the crop and year of God 1591, and so forth yearly in time coming during the spaces respectively above-specified, whole points, articles, clauses, conditions and circumstances whatsoever mentioned in the said letters of constitution and ordination, as in the same under the privy seal of the date at Holyroodhouse, 18 March 1591 [1592], is at more length contained; and wills and declares and, for his highness and his successors, with advice and consent foresaid, decrees and ordains that the said letters of constitution and this his majesty's ratification granted thereupon is, and shall be, sufficient right and title to the said John Gibb and James, his son, and the longest liver of them, during their lifetimes, for using and exercising of the foresaid office, intromitting with and uplifting of the feu mails, teind victual, teind straw, kanes, reek fowls, customs and other duties respectively above-mentioned, specially conveyed and assigned thereof, without any claim, question or contradiction to be made or moved by the said John and James, or any of them during the space above-specified.
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†Forasmuch as our sovereign lord understands that [Mary], his highness's dearest mother of good memory, gave and conveyed heritably after her perfect age and general ratification heritably in feu ferm to his highness's beloved servant John Chisholm, comptroller of his highness's artillery, all and whole his highness's lands called the King's Wark in Leith, with houses, buildings, closes and all other places and pertinents thereof, back and fore, lying within the said town of Leith and sheriffdom of Edinburgh, as at more length is contained in the infeftment made to him thereof of the date at Edinburgh, 21 October 1564, and of his mother's reign the 22nd year, the which infeftment and disposition made as said is his highness's dearest mother of good memory ratified and approved to the said John, his heirs and assignees after her said perfect age, in all points, clauses and articles, as the said act of parliament held at Edinburgh, 19 April 1567, in itself at length purports; the which infeftment of feu ferm made to the said John, his heirs and assignees, and ratification and confirmation of the dates respectively foresaid, our sovereign lord has ratified and approved in all and whatsoever clauses, conditions and articles, as his highness's charter under his great seal of the date at Holyroodhouse, 22 May 1588, at more length bears; therefore his highness, with advice of his estates in this present parliament, for the reasonable causes contained in the said first infeftment and ratification thereof, and for the good and faithful service done to him by the said John, ratifies, approves and confirms the said first infeftment given and conveyed to him, his heirs and assignees, and the said act of parliament and ratification of the said infeftment contained therein, together with his said highness's charter of confirmation of the premises of the dates respectively above-written, in all and sundry points, passages, privileges, clauses and conditions contained therein, or any one thereof; and statutes and ordains that the said John and his foresaids shall possess and enjoy in all time hereafter the forenamed lands called the King's Wark, with all bounds, meiths and marches, after the form and tenor of his said first infeftment, without any revocation, contradiction or impediment to be made to him or them in any way in time coming, renouncing, quitclaiming and discharging, for his highness and his successors, all action and instance his highness had, has or may have against the said John or his foresaids regarding the premises forever by this ratification; and moreover, ordains this ratification to be of as great force and effect to the said John and his foresaids as if the said first infeftment granted to him by his highness's dearest mother, and the said act of parliament containing the ratification and confirmation thereof, together with the confirmation granted by his highness of the said infeftment and act of parliament, had been word by word and expressly inserted herein.
[1592/4/156]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, remembering the good, true and thankful service done to his highness by his beloved William Beaton, embroiderer, ratify, approve and, for his highness and his successors, perpetually confirm the office of embroiderer and keeping of his highness's wardrobe conveyed of old by his highness to the said William, and ratified thereafter upon 24 January 1588 [1589], with the special salary of the sum of £30 money assigned to him in the said gift to be paid to him yearly out of the readiest of the customs of the tron of Edinburgh by the customs officer thereof during all the days of the said William's own lifetime only; and ordains our sovereign lord's comptroller present and to come and others due and in use of payment of the foresaid salary, and of all other casualties and duties belonging and pertaining to the said office, to answer and make thankful payment of the same to him during his lifetime as said is.
[1592/4/157]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, having consideration of the long and true service done by his beloved domestic servant Master Henry Keir of Greenlaw, as well to his majesty's self as to [Mary], his late dearest mother, but especially to his dearest cousin, Esme [Stewart], late duke of Lennox, for whose affairs the said Master Henry made great disbursements and advancements of silver as yet not refunded to him, and whereof he has no security, but only an infeftment made to him and his heirs of the mains and mill of Darnley, lying within the barony of Darnley and sheriffdom of Renfrew, and his majesty, in no way willing that the said Master Henry be prejudiced in the security of his advancements foresaid, which were made for the most part at his majesty's own command, therefore, with advice of the estates of this parliament, ratifies and approves the infeftment made by his said late dearest cousin Esme, duke of Lennox, to the said Master Henry and his heirs contained therein, of all and whole the mains and mill of Darnley lying as said is, together with the sasine following thereupon, in all the points, clauses and articles thereof, and declares that the same neither comes under his majesty's revocation, nor any other revocation made by his highness of before, but that the said infeftment shall stand in the full force and effect from the beginning and in all time coming undisputed or challenged by his highness, or any other having right or power of his majesty in any manner of way; likewise also his majesty, with advice of his said estates, has ratified and approved the other infeftment made by his majesty to the said Master Henry and his heirs foresaid of the said lands after his highness's first general revocation made in the parliament held in July 1587 and his perfect age of 21 years at that time complete; as also ratifies and approves the last infeftment made to the said Master Henry and his heirs above-specified of the same lands in the month of December last, after his majesty's perfect age of 25 years and after the new general revocation made by his majesty in the month of August of before; from the which revocations our said sovereign lord, with advice of the said estates of parliament, declares the said infeftments made to the said Master Henry and his heirs both of before and now, to be expressly excepted and not to be comprehended within the bounds thereof, but the same to be valid and effectual in all time coming as said is, without prejudice always of the reversion of £2,000 granted by the said Master Henry to the said duke of Lennox for redemption of the said lands and mill of Darnley.
[1592/4/158]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, understanding that the late Euphame MacCalzean, daughter and heir to the late Master Thomas MacCalzean of Cliftonhall, was lately for certain crimes of witchcraft and treason allegedly committed by her convicted and forfeited in a justice court held at Edinburgh, in the month of [...] 1591; notwithstanding whereof, his majesty touched in honour and conscience and now being of mind that the said forfeiture and conviction should in no way hurt or prejudice her posterity, namely: Martha, Elizabeth and Euphame MacCalzean, her daughters and apparent heirs, in their worldly honour, name, fame, estimation and right of succession to whatsoever lands, heritages, annualrents, tacks, steadings, rooms and possessions whereto they, or either of them, may succeed, or have succeeded as daughters and heirs to their said mother, or to the late Master Thomas MacCalzean, their grandfather, or either of them, but that they and their heirs may hold, enjoy and possess their said lands and heritages, and succeed therein to their said late mother and grandfather and others of their predecessors as if the said late Euphame had deceased naturally, and that the said pretended forfeiture had never intervened; therefore, his majesty, with advice of the estates and whole body of this present parliament, has restored and rehabilitated and presently restores and rehabilitates the said Martha, Elizabeth and Euphame MacCalzean, daughters and heirs foresaid, against the said pretended conviction and forfeiture with all penalties and sequels depending thereupon, and to their worldly honour, name, fame and right of succession foresaid as if such forfeiture had never intervened. Likewise his majesty and estates foresaid decree and ordain that the same forfeiture, with the pretended process whereupon the same proceeded, shall never be used in judgement nor outwith judgement, and reduce, retreat, makes void and annul all and whatsoever deduced relating thereto, decree and declare the same to have been from the beginning, both presently and in all time coming, null and of no value, force nor effect, with all that has followed, or may follow thereupon, and for his highness and his successors, renounce and discharge all action, pursuit or instance that may be competent by virtue of the said sentence and doom of forfeiture; and likewise, reduce, retreat etc. all gifts and dispositions, infeftments, charters, precepts, instruments of sasine, presentations and others granted to whatsoever of his highness's lieges of any part or portion of the said late Euphame's lands or heritage to burgh or land, falling or depending upon the said pretended forfeiture, or to the right of whatsoever reversions, tacks, steadings, rooms or possessions pertaining to the said late Euphame; and will and declare that it shall be lawful to the said Martha, Elizabeth and Euphame MacCalzean, bairns, daughters and heirs foresaid, to enter thereto freely, without obstacle or impediment, by brieves of his highness's chapel or otherwise according to the law. And finally his highness, with advice foresaid, ordains the memory of the said pretended forfeiture to be damned and put in oblivion forever, providing always that Patrick MacCalzean, spouse to the said late Euphame, be satisfied by the said daughters and apparent heirs of the said late Euphame of the sum of 5,000 merks paid and delivered by the said Patrick to our said sovereign lord and his highness's donator for the gift of forfeiture of the said late Euphame. And for the said Patrick's better security, our said sovereign lord and estates foresaid decree and ordain the said daughters and apparent heirs foresaid to content, pay and thankfully deliver to the said Patrick, their father, the said sum of 5,000 merks, paid and delivered by him in manner foresaid, so that the said sum be taken upon the said late Euphame's heritage by the said daughters and apparent heirs, with consent of the said Patrick; excepting and reserving the lands of Cliftonhall, with the mill, mill lands, houses, buildings and pertinents thereof, to Sir James Sandilands of Slamannan, knight, his heirs and assignees provided thereto by his majesty, as fallen in his highness's hands by reason of escheat through the said process and doom of forfeiture led against the said late Euphame MacCalzean, to stand in the same strength, force and effect as if this restitution had never been granted, so that the said Sir James, his heirs and assignees, may possess the said lands of Cliftonhall, mill, mill lands and pertinents thereof by virtue of his infeftment granted to him of the same upon the forfeiture of the said late Euphame in all time coming; and also reserving to the said Sir James and his foresaids all action, interest and claim which the said late Euphame had against Master Henry MacCalzean and all others whatsoever, for redemption of the said lands of Cliftonhall, mill, mill lands and pertinents thereof, and all other action which was competent in her person against the said Master Henry for the said lands and profits thereof, both bygone and to come, in any other manner of way, to be pursued, called and obtained by the said Sir James and his foresaids, likewise and in the same manner as the said late Euphame might have done in her lifetime before the said forfeiture; and also excepting and reserving the servitude, the higher dwellings [are] not to block the views and impede the windows, constituted and imposed upon a tenement of land now pertaining to Master John Nicolson, advocate, lying within the burgh of Edinburgh upon the north side of the King's Street thereof, made and granted by whatsoever heritors and proprietors thereof to the said late Master Thomas MacCalzean, father to the said late Euphame, or to whatsoever other of his predecessor heritors of the tenement or tenements of land within the said burgh, lying upon the north side of the King's Street thereof, and contiguous and adjacent to the said Master John Nicolson's lands upon the east side thereof, and all other servitude whatsoever which the said late Master Thomas, Euphame, his daughter, and whatsoever other of their predecessor heritors of the said land, might or may in any way acclaim to be imputed and constituted upon the said Master John, his house, tenement of land, yard thereof and pertinents by virtue of any contract, bond or obligation or by whatsoever other manner of way. Which constitution, bond or obligation, or whatsoever other right of servitude imposed upon the foresaid tenement and others foresaid, our said sovereign lord and estates above-written make void, annul and discharge simply, and decree the same to be of no value, force nor effect in all time coming, so that the said Master John, his heirs and successors shall have homes free from all servitude that may be acclaimed thereof in any manner of way by the said Patrick and his said two youngest daughters, and by the said Martha and Master David Ogilvie, her spouse, in any time hereafter, to the which exceptions and reservations particularly foresaid made, as well in favour of the said Sir James Sandilands as of the said Master John Nicolson, the said Patrick MacCalzean, spouse to the said late Euphame, for himself and as father and lawful administrator to the said Elizabeth and Euphame MacCalzean, his two youngest daughters, as also the said Master David Ogilvie for himself and in name and on behalf of Martha MacCalzean, his spouse, consented and agreed.
[1592/4/159]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament, understanding that by act and ordinance of secret council and act of parliament ratifying the same, the keeping of the place of Robertland was committed to Robert [Montgomery], master of Eglinton, during the time it should happen David Cunningham of Robertland to remain at the horn and not to underlie the law for art and part of the slaughter of the late Hugh [Montgomery], earl of Eglinton, and until it should please his majesty to declare his express will in the contrary, and for the better keeping thereof, assigning monthly to the said Robert, master of Eglinton, and six keepers of the same, every one of the said six persons £6 monthly out of the readiest of his living, as the said act of the date 13 August 1586 at more length purports; and seeing that since it has pleased his majesty upon diverse great motives and respects to receive him in the number of his majesty's subjects, to relax him from the said process of horn and to grant him remission thereof, and that he in consideration thereof offered, as he yet does, to abide the trial of the laws for the crime foresaid, there was a special act of secret council made and set down in his favour relating thereto, decreeing and declaring in effect both the said acts of secret council and parliament, and all things that followed thereupon, to cease and have no execution at any time thereafter so far as the same is or may be extended to the said tower, fortalice and manor place of Robertland and taking up of the said David's living or any part thereof for the keeping of the same, to the effect that he might enter thereto, peaceably possess and enjoy the same; together with his whole lands, tacks, steadings, rooms and possessions whatsoever, without stop, trouble or impediment to be made to him, his tenants or servants by the said master of Eglinton or his servants in his name at any time hereafter by virtue of the said acts or otherwise; and also ordained letters to be directed against him for rendering thereof in manner specified in the said act of secret council, as in the same of the date at Edinburgh, 24 March 1591 [1592], at more length is contained. And now his majesty, always willing that the same act shall receive the own effect and execution, and that the foresaid other anterior acts both of secret council and parliament set down in favour of the said master of Eglinton as said is, shall be completely abolished and altogether taken away, therefore his highness, with advice of the said estates, has ratified and approved and, by the tenor hereof, ratifies and approves the foresaid act of secret council made in favour of the said David Cunningham of Robertland as is above-written, of the date above-specified, in all and sundry points, heads, passages, articles, clauses and circumstances therein contained after the form and tenor thereof in all points; and wills and declares that this present ratification is, and shall be, as sufficient as if the same act were at length engrossed herein. Likewise also his highness, with advice foresaid, ratifies whatsoever letters of grace, remissions or relaxations granted to the said David for the slaughter foresaid; and also wills and declares that the same are and shall be valid and sufficient to him for safety of his life, possessing of his house foresaid, and all others his houses, lands, heritages, tacks, steadings, rooms and possessions had and to be had in all time coming at his pleasure, notwithstanding the foresaid acts of secret council and parliament made in favour of the said Robert, master of Eglinton, as said is, which are, and shall be, by virtue of this act, entirely removed and perpetually abolished as if the same had never been made, so far as the same extends or may be extended to the said laird of Robertland, his said tower, fortalice and manor place of Robertland, and taking up of any part of his living for keeping thereof only, with special provision that the said David Cunningham, before the extracting of this act, grant and subscribe sufficient discharges to the said Robert, master of Eglinton, his cautioners, assisters and partakers, of all his intromission with the said place of Robertland, rents and duties of his living whatsoever intromitted with by the said master of Eglinton or any others in his name, and of all others of their proceedings relating thereto preceding the day and date hereof; and also the said David Cunningham finding sufficient caution acted in the books of council under the pain of [...] that none of the committers of the slaughter of the said late earl of Eglinton shall be reset within the said place of Robertland at any time hereafter. And further, his highness and estates foresaid declare that it shall be permissible to the said David Cunningham to intromit with and take up the whole bygone mails, ferms and duties of the lands and living of Robertland, resting as yet in the tenants' hands, uncollected by Robert, master of Eglinton, his servants and agents, to be conveyed by the said David as he shall think expedient in time coming.