[1597/11/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding that Alexander Fraser of Fraserburgh, knight, in the year of God 1592 obtained a new infeftment of his whole lands and baronies of Philorth, Tipperty, Faithlie, Tyrie, Scatterty and diverse other lands mentioned and contained in the said infeftment, with express union contained in the same. In the which also the said Sir Alexander has obtained the town and burgh of Faithlie, now called Fraserburgh, erected in a free burgh of barony, with privileges, liberties, immunities thereto contained in the said infeftment, as also with express liberty to build a tolbooth for administration of justice and a harbour for the ease and commodity of the country and lieges, with privilege for upholding of the same, to found a university, build and make colleges, place masters and teachers, with all privileges and immunities that may pertain to a free university, with the rest of the patronages of all and whole the parsonages and vicarages of the parish kirk of Philorth, Tyrie, Crimond and Rathen, with all the lands, prebendaries and alterages appertaining thereto, as at more length is contained in the said Alexander's infeftment given to him thereupon, as the same of the date 1 July the year of God foresaid at more length purports. Since the which time of the granting of the said infeftment, with the whole privileges and immunities therein contained, the said burgh has not only greatly flourished and increased in buildings, repair and resort of people so that sundry gentlemen of the country are become inhabitants and burgesses of the said burgh, but also the said Alexander, upon his large and exorbitant expenses, to the honour and decoration of the realm and ease of the whole lieges, has built a sure harbour and port to which ships, barks and boats may repair and daily repairs; as also the said Alexander, being of deliberate mind and purpose to erect a university within the said burgh, with all privileges appertaining thereto, according to the tenor of his infeftment, has given† to edify and build up colleges, which not only will tend to the great embellishment of the country, but also to the advancement of the lost and wasted youth in bringing them up in learning and virtue, to the great honour and benefit of our said sovereign lord and nation; which honourable intention and policy made and to be made by the said Sir Alexander upon his exorbitant and large expenses ought and should be furthered and advanced, and the said Sir Alexander not only allowed therein but also helped and supported to do the same. Therefore our said sovereign lord and three estates of this present parliament, for the further advancement of the said burgh and colleges and for the sustentation and maintenance of masters, teachers and officemen within the colleges of the same, has, with express consent and assent of the said Alexander, endowed, given and mortified the foresaid parsonages, vicarages, prebendaries, chaplainries and alterages, whole teinds, small and great, lands, rooms and possessions appertaining thereto, profits, duties, annualrents and emoluments whatsoever and with death at hand conveyed the same to the said college or colleges perpetually in all times coming, never to be separated nor secluded therefrom, but the whole fruits, rents, profits, duties, annualrents and emoluments of the same to be employed to the maintenance and sustentation of the masters, teachers and officemen serving in the said colleges to be given and distributed by the said Alexander Fraser of Fraserburgh, knight, patron and his male heirs, providing that this present mortification be in no way prejudicial nor hurtful to the said Sir Alexander's right in the holding, enjoying and possessing of all and whatsoever teinds, rents and emoluments of the said parsonage and vicarage above-written during the time of his tacks thereof, providing always the said masters of the said college or colleges either serve the cure of the said kirks or then the said masters, with advice of the patron, furnish sufficient men for serving the cure of the said kirks, so that the parishioners be not frustrated of the sacraments, teaching and preaching of the word of God. And our said sovereign lord and three estates foresaid ordain an infeftment to be passed under the great seal in the most large and ample form, if need be, mortifying, endowing and conveying to the said college or colleges, masters and teachers within the same, the said parsonages, vicarages, prebendaries, chaplainries and alterages, whole profits and commodities appertaining thereto. And for the better performing of the premises and for the said Sir Alexander Fraser of Fraserburgh, knight, his better security, our said sovereign lord and three estates ratify, approve and confirm the foresaid infeftment made and granted to the said Sir Alexander, his male heirs and of tailzie, the whole erections, unions, privileges, immunities and liberties contained therein, which his majesty and estates wills to stand as a perpetual and perfect security to the said Sir Alexander, his male heirs and successors according to the tenor of the said infeftment and mortification above-expressed of the date above-mentioned; and that the said infeftment, whole lands, privileges and immunities therein contained may remain with the said Sir Alexander, his heirs and successors therein mentioned in all times coming, never to be quarrelled, impeded nor taken away by act of parliament, statute, ordinance, revocation or other form of law, regarding which his majesty and three estates foresaid dispense and revoke, rescind, make void and annul all and whatsoever dispositions and rights of patronages of the said benefices, kirks or any of them made to whatsoever other person or persons and all and whatsoever other rights, titles and securities which in any way may stay or impede the effect of this act, mortification and erections foresaid. Reserving always action to [...] Hay of Urie for the kirk of Crimond, if any right he has in and to the said kirk and teinds thereof, to be proceeded before the judge ordinary according to the law.