[1593/4/67]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that George, earl Marischal, lord Keith etc. has lately founded and erected a college within the burgh of New Aberdeen and endowed the same with diverse rents and patrimony of his own proper lands, for advancing of the which also the provost, bailies, council and community of the said burgh has given to the said earl the place, kirk, close and yard which appertained sometime to the greyfriars of Aberdeen to be annexed to the said college, as at more length in the letters of foundation and erection of the said college is contained; therefore his highness and estates foresaid ratify, approve and confirm the said foundation and erection which is of the date the [...] day of April 1593, with all the clauses, articles, heads and conditions therein contained, and further gives and conveys thereto all freedoms, franchises, liberties, free privileges and jurisdiction that to a free college within this realm by law and practice is known to appertain, providing always that the masters, members, students, bursars and whole inhabitants of the said college is and shall be in all times hereafter subject to the jurisdiction of the provost, bailies and council of the said burgh of Aberdeen in all things to be done or committed by them outwith the walls of the said college and within the territories or freedom of the said burgh.
[1593/4/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering that the town and harbour of Peterhead was erected in a burgh in barony by our said sovereign lord, and understanding perfectly that the same has been in all times bygone a very commodious receipt for ships and boats of all the lieges of this realm and strangers repairing thereto, upon apparelling of the which harbour, George, earl Marischal, proprietor thereof, has bestowed large expenses and yet the same will have need of much more before the said harbour may be brought to perfection; therefore our said sovereign lord and his said estates of parliament have given and granted to the said George, earl Marischal, an impost of 20d for every last of goods coming in at the said port, and going out of the same, accounting 20 bolls of victual to the last, and so forth in other goods according to the weight and quantity thereof; and the said impost to endure for the space of five years next after the date hereof, and with power to the said George, earl Marischal, his servants and factors in his name, to arrest, poind and distrenzie thereof during the space foresaid.
[1593/4/69]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that Andrew, commendator of Jedburgh, having raised letters before the lords of session for annulling and simply suspending of the letters of horning raised by six sundry parties claiming right to the monks' portions, surplus and temporality of the said abbacy of the crops and years of God 1587, 1588, 1589, 1590, 1591 and 1592, as the letters of suspension raised thereupon in themselves at length bears; which being called, Roger Ashinton, gentleman in his highness's chamber, and his majesty's treasurer, comptroller and advocate for his highness's interest, Robert Kirkton and Robert Trotter compeared by themselves and their procurators, and the said matter being reasoned verbally in presence of the said lords of session and the parties' rights produced finding the questions to arise through the multitude of the acts of parliament made regarding the said monks' portions, surplus of benefices and annexation of temporal lands to the crown, remitted the decision of the foresaid action and cause to his highness and his said estates for certain order to be taken and set down concerning the said monks' portions, and to reduce all the acts of parliament made of before relating thereto to one certain act and rule, whereby the said lords of session may proceed summarily to the decision of all such causes, as the act made thereupon bears. And seeing the lords commissioners of the augmentations upon 12 October the year of God 1587, finding the temporality of the abbacy of Jedburgh and Restenneth to extend to £604 11s with everything removed, of the which the said lords, by virtue of the act of parliament made regarding the annexation of temporal lands of benefices to the crown, then assumed and appropriate thereto the sum of £276 16s 8d yearly to be charged for and intromitted with by his highness's treasurer of augmentations, and in recompense thereof adjudged, assigned and allowed to the said commendator in satisfaction of the same the surplus of the thirds extending to 11 bolls wheat, estimated to 5 merks the boll, and so amounting to the sum of £36 13s 4d; 13 bolls of barley, 2 firlots, 2 pecks, 2 part pecks, estimated to 4 merks every boll, and so extending to £36; and 36 bolls of meal, estimated to 40s the boll, extending to £72, amounting in the whole to £144 13s 4d, together with four dead monks' portions. And it is true that the said Roger Ashinton has assigned and conveyed to him in pension the foresaid sum of £276 16s 8d out of the temporality of the said abbacy of Jedburgh, and the said Robert Trotter and Robert Kirkton has the whole monks' portions of the foresaid abbacy conveyed to them, and the surplus is assigned to the ministry, so that the said commendator is altogether defrauded both of that part of his temporality and also of the foresaid surplus and monks' portions which were assigned to him in recompense thereof; therefore, and seeing the said monks' portions are conveyed to Robert Trotter and Robert Kirkton and the surplus of the said abbacy assigned to the said ministry, our sovereign lord and estates foresaid restore the said Andrew, commendator of Jedburgh to his own right of the temporality of the said abbacy during his lifetime, as if the same had never been taken from him; and discharges the said Roger Ashinton and all others of all further troubling of the said commendator relating thereto, notwithstanding any gift or disposition made to them of the same at any time heretofore during the said commendator's lifetime as said is.
[1593/4/70]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves and for him and his successors perpetually confirms the infeftment, gift and disposition made, given and granted to Andrew, lord Ochiltree of the lands of Earlston, lying within the sheriffdom of Wigtown, sometime pertaining to Francis [Stewart], sometime earl of Bothwell, and fallen and become in his majesty's hands by the doom of forfeiture orderly led and prosecuted against the said Francis, sometime earl of Bothwell, and given, granted and conveyed to the said Andrew, lord Ochiltree with all rights, privileges and commodities belonging and pertaining to the said lands, according to the said Andrew's gifts, infeftments and rights thereof given and granted to him of the same lands; as also ratifies and approves all and whatsoever gifts and rights, patronages and donation of benefices made, given and granted to the said Andrew, lord Ochiltree by our said sovereign lord, and decrees and declares the same to be valid and sufficient in all time coming, notwithstanding any act and ordinance made by our said sovereign lord and his estates foresaid at this present parliament or any time preceding, and notwithstanding whatsoever his highness's revocations made in the contrary, with the which his majesty and estates foresaid dispense by this act.
[1593/4/71]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, with express advice and consent of his highness's trusty and well-beloved councillor, John [Maitland], lord Thirlestane, his highness's chancellor, Sir Thomas Lyon of Auldbar, knight, treasurer, the late Sir Ludovic Bellenden of Auchnoull, knight, justice clerk for the time, and Master Robert Douglas, provost of Lincluden, collector general and treasurer of his majesty's new augmentations, has made and granted under his majesty's great seal a charter and infeftment containing a new disposition for diverse and sundry good causes contained therein to his highness's trusty and well-beloved councillor Master George Lauder of the Bass, his male heirs bearing the arms and surname of Lauder and assignees whatsoever heritably of all and sundry the lands of the lordship of Tyninghame underwritten, namely: the mains of Tyninghame, twenty husband lands, twenty cottage lands, five brewlands, the mill of Tyninghame, wardlands, Gillieischot, the south land with the fishing in the water of Tyne, as well as fresh as salt within the sea flood, the lochs and rabbit warrens of the said lands of Tyninghame, all and whole an annualrent of 10 merks money of this realm, to be uplifted at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions out of all and whole the half of the town of Oldham lying in the said lordship of Tyninghame, all and whole the principal mansion, tower and fortalice, barns, yards and dovecot of Tyninghame, the lands of Briggis easter and wester, Greenspott, baxter lands, alias dovecot acre lying in the town of Tyninghame, of all and whole the lands of Lochhouse extending to two husband lands and six acres of land with all and whole the lands called Harkarislandis, Spenslandis and Gilleislandis, with tenants, tenancies and service of free tenants of the foresaid whole lands, parts, pendicles and pertinents thereof lying as said is and also the office of bailiary of all and whole the foresaid lordship of Tyninghame, as well as of the property as tenantry thereof; of all and whole the isle of Bass with the pertinents, all lying within the lordship of Tyninghame, regality of St Andrews, constabulary of Haddington and sheriffdom of Edinburgh; of all and whole the lands of Newgrange, Penscheillis, Priestlaw, Kingisyde, Frieris Dykes and Winter Scheillis, with tenants, tenancies and service of free tenants, parts, pendicles and pertinents thereof, together with the common pasture in the east and west muirs of Lammermuir, called the communities of Innerwick, Thornton and Dunbar respectively, with privilege to cast and extract peats, turves, fuel, fail and divot in and through the parts and bounds of the said muirs and communities wherever the said Master George and his foresaids shall think most expedient, lying within the said constabulary of Haddington and sheriffdom of Edinburgh; and of all and whole three acres of arable land with the pertinents, lying beside the burgh of Haddington in the shed called Baxterflat beside the new gate of Haddington, together with the foresaid office of bailiary of the lands of Knowis, Scougall, Broxmouth, Oldham, Halkerslandis, Spenslandis, Gillieislandis and of the whole lordship of Tyninghame, as well as of the property as tenantry of the foresaid whole lands and others above-written. And has made, created and erected the town of Tyninghame in a free burgh of barony and regality, to be called in all times coming the burgh of Tyninghame, giving, granting and committing to the said burgh in all times coming free liberty and privilege to buy and sell and to have and hold within the same a market day each week and free fair yearly upon 21 September, to continue eight days, with all and sundry other freedoms, privileges, liberties, commodities and immunities whatsoever pertaining or known justly to pertain to a free burgh of barony. With power to build a port and harbour upon any part of the said lands of Tyninghame where the sea flows and where the same may be most conveniently built, with all and sundry freedoms, anchorages and customs pertaining or known justly to pertain to a port and harbour at length specified and contained in the said charter. And likewise has made and constituted the said Master George, his male heirs and assignees foresaid his majesty's heritable justiciaries and lords of the direct lordship of all and sundry the lands and others above-written contained in the said charter, as well as of the property as tenantry thereof within and through all the bounds of the same, and has given and conveyed to him the heritable jurisdiction and direct lordship thereof, with free chapel and chancellery with escheats, unlaws and other commodities contained therein; and has united, erected, created and incorporated the foresaid whole lands of burgh and barony and others respectively contained therein in a free barony and regality, to be called in all times coming the barony and regality of Tyninghame; ordaining the foresaid castle to be the principal messuage of the said whole barony, and a sasine to be taken thereat to be a sufficient sasine of the foresaid whole lands and others above-rehearsed, to be held of his majesty in fee and heritage, free barony and regality heritably for ever for a certain yearly feu duty therein contained, as the said charter of the date 6 August the year of God 1591 in itself at more length purports. Therefore our said sovereign lord and estates of this present parliament, for the causes contained in the said charter, and for the good, true and thankful service done to his majesty and his highness's most noble progenitors of worthy memory by his highness's said trusty and well-beloved councillor Master George Lauder of the Bass and others his predecessors whom of he has lineally descended in all times bygone, as become true and faithful subjects without defection from their loyal and dutiful obedience, have ratified, approved and confirmed and, by the tenor of this present act, for him and his highness's successors, ratify, approve and perpetually confirm the foresaid charter and infeftment in all the heads, points, clauses, articles, circumstances, immunities, privileges and conditions at length contained therein, after the form and tenor of the same in all points. And also his majesty and estates foresaid, by the tenor hereof, decree, declare and ordain the same to be as effectual, valid and sufficient to the said Master George and his foresaids for their peaceably holding, enjoying and possessing of the said whole lands, office of bailiary, port and harbour, burgh of barony, privileges, liberties and immunities and all others specially and particularly contained in the said charter perpetually in all times coming likewise as if the said charter and infeftment were at length inserted and contained word by word in this present act, notwithstanding that the same is not inserted nor contained herein. Regarding which, and with supplement of all faults and defections that may be proposed and objected against the said charter, validity and effect thereof, our said sovereign lord, with advice of the said estates, has dispensed and by the tenor hereof irrevocably dispenses for ever.
[1593/4/72]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates of parliament have ratified and approved and, by the tenor hereof, for his highness and his successors, ratify and approve the infeftment of feu ferm given and granted by his highness at the special request and desire of his well-beloved councillor Sir John Cockburn of Ormiston, his highness's justice clerk, to his well-beloved Andrew Edmonstone, fiar of that Ilk, his heirs and assignees of all and whole the lands of Barningtoun, Barleis and Berryloch, with all their pertinents, as they are bounded and defined in the said infeftment, lying within the sheriffdom of Roxburgh; which lands pertained heritably and in feu ferm to Francis [Stewart], sometime earl of Bothwell, John and Francis Stewart, his sons, or either of them, held immediately of the commendator of the abbacy of Kelso and become in his majesty's hands and at his disposition by reason of the process and doom of forfeiture orderly led and given against the said Francis, sometime earl of Bothwell for certain crimes of treason and lese-majesty committed by him, and whereof he was convicted in a justice court held in the tolbooth of Edinburgh, 24 May the year of God 1589; which process and doom of forfeiture was ratified in the parliament held at Edinburgh in the month of June the year of God 1592, and also by declaration made in parliament that the said Francis, sometime earl of Bothwell nor his posterity should hold no lands nor benefices within this realm, as in the said declaration is in likewise at more length contained. And likewise our said sovereign lord and estates have ratified and approved and, by the tenor hereof, ratify and approve the dissolution of the annexation of the lands of the said abbey of Kelso to the crown, to the effect that the same might be set in feu ferm, as the said act of dissolution also bears in all clauses, points, heads and articles thereof, to the effect that the said Andrew Edmonstone, fiar of that Ilk, his heirs and assignees foresaid may hold and enjoy the said lands of Barningtoun, Barleyis and Berryloch, with their pertinents, as they are bounded and defined in the said infeftment perpetually in all time coming.
[1593/4/73]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies, approves and perpetually confirms to Colin MacKenzie of Kintail and the male heirs lawfully received or to be received of his body, which failing, to the said Colin's male heirs whatsoever holding the surname and arms of the house of Kintail, the two several infeftments made and granted by his highness to the said Colin and his foresaids, the one thereof of the date at Holyroodhouse, 20 January the year of God 1591 [1592] of all and whole that the barony and lands of Assint and others contained therein as becoming in his highness's hands by resignation of Torquil MacLeod of the Lewis and his procurators, with the clause of novodamus therein contained; the other of certain lands, rights of patronages, advocation and donation of kirks, chaplainries and benefices and others therein contained as become in his highness's hands by virtue of the act of annexation annexing all the temporal lands of benefices to his highness's crown, as the infeftment made thereupon of the date at Edinburgh, 4 February the year of God 1591 [1592] in the self at length bears in all the heads, clauses and articles of the same, and holds both the said charters and either of them as fully and word by word engrossed and inserted in this present act; and this confirmation to be as valid and effectual as if the said charters and either of them were particularly expressed herein, which by this act are held as repeated word for word; and wills and ordains the same to stand effectual to him and his foresaids in all times hereafter, renouncing for now and ever all action or execution that in any way may be competent to his highness against the foresaid infeftments, and discharging all others of quarrelling thereof at any time hereafter.
[1593/4/74]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the greatest number of the vassals, free tenants and heritable feuars of the temporal lands belonging to the archbishopric and priory of St Andrews and to the archbishopric of Glasgow are of so mean rent and quality that they are in no way able to make the expenses upon the resignation of their lands in our said sovereign lord's hands and interest thereto by his highness's chancellery, which gives occasion to many of the said feuars to lie out unentered to their said lands; in consideration also that his highness's dearest cousin, Ludovic, duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny etc., being provided to the said priory of St Andrews, whereof the rent and patrimony, likewise the rent and patrimony of the said archbishoprics, is wholly exhausted by tacks, pensions and other dispositions, so that little or no commodity thereof remains, except the superiority of the same; therefore our said sovereign lord and estates foresaid give, grant and convey to his highness's said dearest cousin during all the days of his lifetime the right of the superiority of the whole temporal lands, mills, multures, woods, forests and fishings of all and sundry the said archbishopric and priory of St Andrews and archbishopric of Glasgow, with power to him and his commissioners and others in his name specially constitute to that effect during his lifetime as said is to receive all resignations to be made by whatsoever heritable tenants, vassals or feuars of the said temporal lands and others above-specified or any part thereof belonging to the said archbishoprics and priory, and to give interest to them, their heirs and successors of the said lands and others above-rehearsed; declaring all and sundry resignations foresaid of the said free tenants, vassals and feuars of the said temporal lands and others above-specified and interest thereof to be given to them or their foresaids by the said Ludovic, duke of Lennox or his said commissioners, under his proper seal and subscription, to be as good, valid and sufficient to the receivers thereof for holding and enjoying of their said lands and others above-written 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 act of annexation of all ecclesiastical lands to the crown made in the parliament held at Edinburgh, 29 July the year of God 1587, to the which this present act makes and shall make express derogation in so far as the same may be extended to the superiority of the said temporal lands and others above-rehearsed pertaining to the said archbishoprics and priory during the said Ludovic, duke of Lennox, his lifetime.
[1593/4/75]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates of his present parliament ratify and approve the gift and disposition made by his majesty to his beloved domestic servant Patrick Hume, younger, of Polwarth of the lands of Redden, Fishwick and Easter Laws of Whitsome, and decrees and declares the same to be a sufficient right to the said Patrick for holding and enjoying of the said lands, and to be as good as if the same were word by word engrossed and inserted herein.
[1593/4/76]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, gives and grants licence and liberty to the burgh of Aberdeen to hold a market and public fair within the freedom of the said burgh to begin yearly hereafter upon Monday immediately before Whitsunday [May/June], and thereafter to continue for the space of eight days, with the whole jurisdictions, freedoms, tolls and customs of the same.
[1593/4/77]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm and of new give, grant and convey to the burgh of Aberdeen all and sundry the annualrents, feu mails, chaplainries and prebendaries which belonged of before to chaplains of their parish kirk of Aberdeen contained in the gift made to the said burgh of before.
[1593/4/78]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that by act and ordinance made regarding the observation of the Sabbath day within this realm the market day of the burgh of Forfar, being the head burgh of the shire, which was Sunday, is taken from them, and his highness not willing that they in any way should be prejudiced hereby, therefore his highness, with advice of the estates of this present parliament, alters and changes their said market day from Sunday to Friday, and wills the same Friday weekly to be their market day to them in all times hereafter, and the same to stand with the same privileges and freedom as the Sunday did of before.†