[1600/11/7]*[print] [email] [cite] [preceding] [following]
The parliament of the most excellent prince James VI, most illustrious king of Scots, held in Edinburgh on 15 November in the year of the Lord 1600, by our said supreme lord the king, himself being present, with all the estates of his realm, together with Francis [Hay], earl of Erroll, the constable, George [Keith], earl Marischal, and Daniel Graham, sheriff depute of Edinburgh, and David Lindsay, dempster.
[1600/11/8]*[print] [email] [cite] [preceding] [following]
†The which day Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, produced in presence of the king's majesty and whole estates of parliament, likewise he did diverse [times]† of before, a summons of treason raised and pursued by our said sovereign lord and his highness's advocate and justice against William Ruthven, brother and apparent heir to the late John [Ruthven], earl of Gowrie and Master Alexander Ruthven, his brother, and his tutors and curators, if he has any, and all others having or pretending to have interest in the matter of treason underwritten, to have answered to the points of the said summons and to the crimes of treason and lese-majesty contained therein; and also the said advocate produced in presence of the king's majesty and estates summons raised by them against Alexander and Harry Ruthven, sons to the late Alexander Ruthven of Freeland, Patrick Eviott, brother to Colin Eviott of Balhousie, and Hugh Moncreiffe, brother to William Moncreiffe of that Ilk, to have likewise answered to the points of another summons of treason regarding the enterprising of the slaughter of our sovereign lord at Perth upon 5 August last; the which two summonses, reasons and causes therein contained, being first read in presence of the king's majesty and in presence of the lords of articles, they found both the same summonses relevant; and thereafter this instant day, both the said summonses of treason being read in presence of the king's majesty and whole estates and the said William Ruthven, his tutors and curators and all others having or pretending to have interest, the said Alexander and Harry Ruthven, Patrick Eviott and Hugh Moncreiffe being thrice called at the tolbooth window and none of them compearing, the said whole estates found both the said summonses, reasons and causes therein contained relevant and therefore they admitted the same to the said advocate's probation.
And immediately thereafter the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign, for proving of the points of both the said summonses of treason, produced the letter of horning duly executed and endorsed against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott, and that they were denounced rebels and put to the horn for the crimes of treason therein contained, and repeated the whole depositions of the witnesses examined before the lords of articles and the depositions of the late Master Thomas Cranston and George Craigengelt, and their execution to the death for the foresaid crime of treason; and lastly, the said advocate repeated the notoriety of the deed of the said treason, together with the whole circumstances of the said matter, and renounced further probation for proving of the points of both the said summonses of treason and desired the said process to be advised; and thereupon the said advocate asked instruments.
The which day the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, after that he had repeated and produced all his probations to the said whole estates which he would use for proving of the points of the said summonses of treason raised and pursued at the instance of our said sovereign lord and his highness's justice against the said William Ruthven, brother and apparent heir to the said late John, earl of Gowrie and Alexander Ruthven, his brother, his tutors and curators and all others having or pretending to have interest in the matter of treason underwritten, whereby they were summoned to have compeared before our said sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty contained in the said summons; of the which summons the tenor follows:
James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Marchmont, Islay, Ross, Rothesay, Albany and Snowdon, heralds, Robert Stewart, David Bryson, Alexander Douglas and James Chalmers, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, and messengers, and whichever, jointly and severally, of our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses William Ruthven, brother and heir apparent or successor of the late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, in person if you are able conveniently to have his personal presence, otherwise at his dwelling places; if indeed he has been outwith our kingdom, that you summon the said William Ruthven and, all and singly, his tutors and curators, if he has any, for his interest, and also, all and singly, others who have or claim an interest, by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Perth and other necessary places, on notice of sixty days, in such a way that a summons of this kind could reasonably reach their ears and notice - that they should compear before us or our justice on 4 November next in our parliament held at Edinburgh on 1 November following, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament. For hearing and seeing, on the basis of the foregoing, it is decided and decreed, by us and by the decreet of the three estates of our realm, that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, have committed the crime of lese-majesty in their lifetimes, for the reason that, rejecting all fear of God and respect for king and reverence for the laws, and forgetful of our benevolence, who when they were condemned on account of their father's crimes and reduced by exile, infamy and poverty, were elevated by us to great wealth and position; nevertheless, displaying great hatred towards us, and repaying our incredible benevolence with unheard of ingratitude, in July past and at the beginning of August they plotted our betrayal, death and murder, and so that they might follow through their criminal and nefarious plans, the said late John, earl of Gowrie on 5 August this year sent his brother the late Master Alexander Ruthven to Falkland in the very early morning, in order to persuade us that he (unknown to the said earl, his brother) had discovered a huge amount of gold found by a discreet man, and had entrusted the treasure and its finder to custody secretly with all skill until he could declare everything to us as part of our jurisdiction, and hoped that we would be mindful of such a service to us and would load him with a share of the gold and every other favour, and that this would be expedient for the avoidance of suspicion, so that without any escort, and the accustomed crowd of domestics forbidden to follow, we should set out for Perth with him, so that having brought us into his power, as he intended, he might the more easily slay us; and acting the part allocated to him in this tragedy, the said late Master Alexander, with incredible cunning and confidence, with his very sweet address, expression and words responding obsequiously to our benevolence, respect and humble trust, easily persuaded us as he wished, and we, not suspecting that we were under any deception or danger, and accompanied by very few people (and those unarmed) hurried towards Perth, unprepared for the ambush he was leading us to. The earl meanwhile had been warned, first by Andrew Henderson and secondly by Andrew Ruthven (who had both been sent ahead by the said Master Alexander) that we were approaching - bereft of mercenary arms and everything else necessary for our defence - and eventually he was informed by Master Alexander himself, and, concealing his execrable and most crafty conspiracy, advanced to meet us outside the town, and treasonably led us within his walls and house which were identified for the detestable crime. There, he detained us for some time in a secluded bedroom until he could prepare everything necessary for the murder, on the pretence of a meal. With the said late Master Alexander, his brother, and the said Andrew Henderson, whom he had ordered to arm himself with a breastplate and helmet, he came in and ordered forcefully that he should carry out whatever the said Master Alexander ordered, and when he enquired out of curiosity what Andrew wished to order, the door was barred and he left him until they should return to perpetrate the crime. When things were thus arranged, the said late Master Alexander easily enticed us to the said bedroom, affirming that he would there carry out his grand promises, and so that indeed the earl could entirely snatch away all resource and hope of help from us, he spread through familiars of his a rumour that we had suddenly departed at the postern gate, with the said earl and Master Thomas Cranston, his servant, improperly asserting that it was true, to our most beloved kinsmen Ludovic [Stewart], earl of Lennox, John [Erskine], earl of Mar and a few others of our domestics who happened to be there. As a result, our earls, so deceived, spurred on their horses and burst out of the town to go to follow us to Falkland, to where the said earl was affirming that we had hastened. Meanwhile, the said late Master Alexander, barring many doors behind him, led us eventually to that room in which, as we said, he had placed the said Andrew Henderson, armed, to perpetrate the most dastardly crime. Then, thinking the time had come, he covered his head and rushed at us, following this through with hideous clamour and threatened us with immediate death by pressing a dagger to our throat. We resisted as best an unarmed person could, and tried to persuade him to desist from the foul, detestable and treasonable crime, undertaken without any just cause or hope of a good future, and that he should return to saner counsels, with the promise of pardon for the attempted treason if he should accept it. By small stages we repressed the rapid fury of the man to the extent that he replied that he would consult the earl about what he wanted to do with us. Leaving us prisoner in the said bedroom, barring the door behind him, and soon returning, he declared that we should die instantly, and our hands be bound, so that he might the more easily kill us, tied up. The said Andrew Henderson having been called to his assistance, when he noticed that we were ready to die rather than bear such shame, and resisting, he tried to draw his sword, preparing treasonably to kill us. We, relying on no arms and no companions but only on the spirit of almighty God, began a strong resistance, and holding his hands tightly, after a long struggle, against his will opened the bedroom window which looked on to the main square of Perth,† and noticing our loyal kinsmen Ludovic, lord Lennox and John, earl of Mar who, by chance, were waiting for their horses so that they could follow us, we called them to our aid against the horrible treason and force brought to bear on our life. When they, concerned about our safety rather than their own and neglecting the risk, ran forward, could not reach the said bedroom, as so many doors had been barred by the said Master Alexander on purpose, by the wonderful mercy of God Almighty, our most loyal young servant John Ramsay climbed up by another approach and finding open another door by which the said Andrew Henderson had fled in terror, horrified by the crime which had been undertaken, went in, and seeing force being threatened against our life by the said late Master Alexander, exerted himself greatly and, having inflicted several wounds on the said Master Alexander, threw him out of the bedroom with our help. Now the said late John, earl of Gowrie, when he saw a few of our domestics who happened to be there preparing to bring help to us, abandoning all pretence, decided to perpetrate the planned crime on us by his own hand and bring about our death forthwith. Armed with two drawn swords, and accompanied by 100 or so associates, who had all furnished themselves with swords, lances and other arms, he burst from the road into the yard of his house and rushed to the bedroom in which he knew that we had been shut, and treasonably attacked the said John Ramsay, Lord Thomas Erskine [of Gogar] and Hugh Herries, a doctor, and all of proven loyalty towards us who by chance ran to our aid and were striving to offer their lives for our safety and keep the said earl from the approach to the said bedroom in which we then were. He fiercely repelled them, accompanied as he was by the said Master Thomas Cranston, Hugh Moncreiffe, Alexander and Henry Ruthven, Patrick Eviott and many other domestics and kinsmen of his, and entered by force the said bedroom in which our most noble and sacred person then was - our loyal servants, fighting with the greatest force, having been repulsed - and pursuing us most monstrously and treasonably almost overwhelmed our most loyal servants, who were wounded with many blows. He did not desist from the detestable, fierce and pertinacious execution of his treason until he fell, wounded by our said most loyal servants, before the monstrous breath of his body abandoned its home, as [the source of] the planning and execution of detestable, nefarious and horrendous treason. Hence the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed the crime of lese-majesty against us and our royal authority and in open violation of all laws. Accordingly the said William Ruthven, brother and heir apparent and successor of the said late John, earl of Gowrie and the late Master Alexander, his brother, and all the tutors and curators of the said William, if he has any, for his interest, and all others who have an interest or claim - it is decided and declared by us and by the decreet of the three estates of our realm that the late John, earl of Gowrie and the late Master Alexander, his brother, have committed the forementioned crimes of lese-majesty in their lifetimes, for sight and hearing. Thus it is decreed that the name, memory and dignity of the said John, earl of Gowrie and of the late master Alexander Ruthven, his brother, are and shall be annulled, and that their arms and insignia are deleted from the book of arms and nobility and cancelled. Thus their descendants are unfit and unable henceforth in perpetuity to enjoy and possess, or in any way to claim honours, dignities, successions and possessions, and all their goods, both movable and immovable, rights, titles, expectation of succession and anything else in our kingdom, and also all their goods, lands, rents, offices, honours, dignities, successions and all expectation of succession and apparence, rights, titles, possessions and other rights and goods, movable and immovable, and everything else which related to the said John, earl of Gowrie and Master Alexander Ruthven, his brother, or could relate or pertain by any right, title, expectation of succession, possession or in any way, are confiscated and devolve to us, pertain to us and henceforth remain in our possession in perpetuity. It is intimated to the said William Ruthven, heir apparent or successor of the foresaid, his said tutors and curators, if he has any, and all others who have or claim an interest, whether they have compeared on the said day and in the said place, with continuation of days, or not, either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite Master John Moncrieff, advocate, Alexander Blair, younger, of Balthayock, George Hay of Netherton, prior of Charterhouse, Robert Graham of Thornick, John Graham of Balgowan, Andrew Hay, bailie of Perth, Alexander Peebles, burgess of the same, John Murray of Arbeny, William Robertson, notary in Perth, Gilbert Richardson of the same place, William Rhind, from the same, David Rhind, from the same, John Rintoul of the same, George Forrest of the same, Thomas Burrell of the same, Henry Leys of the same, and Robert Christie, janitor of the late earl of Gowrie, Ludovic, duke of Lennox, John, earl of Mar, Patrick [Leslie], commendator of Lindores, John Graham of Urquhill, Lord Thomas Erskine of Gogar, Lord John Ramsay, Lord Hugh Herries, Sir Robert Galbraith, Sir Robert Brown, Sir James Bogg, Sir James Liddell, Sir John Bogg in the ale cellar, and Master Peter Hay to compear before us or our justice on the said day and in the said place, with continuation of days, to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the said letter, duly executed and endorsed, to their bearer. Also you who have had writs served on you in person are to be on the said day in the said place, in the presence of ourselves or our judge, bearing with you written proof of your summons, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 26 August in the year of the Lord 1600, and in the thirty-fourth year of our reign.
Follows the executions of the foresaid summons upon 28 August 1600: I, John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and summons of treason to the dwelling house of Alexander Adamson in Edinburgh, in the late Master Thomas MacLean's close, where William Ruthven, brother and apparent heir or successor to the late John, earl of Gowrie, and the late Master Alexander Ruthven, his brother, made residence, and likewise to the castle of Dirleton, where the said William resorted and made sometime residence with Dame Dorothy Stewart, countess of Gowrie, his mother, because I could not apprehend him personally; and at every one of the said dwelling houses respectively, with my displayed coat of arms and sound of trumpet, after I had knocked six several knocks at every one of the said dwelling houses respectively, by virtue of the said letters in his highness's name and authority, I summoned, warned and charged the said William Ruthven, brother and apparent heir and successor foresaid, and his tutors and curators, if he had any, for their interest, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next in the hour of cause, with continuation of days, in the parliament to be begun and held by our said sovereign lord and three estates of this realm at Edinburgh upon 1 November next, with continuation of days, to answer to our sovereign lord and his justice in the said parliament and to hear and see it be found, declared and discerned by decreet of our said sovereign lord and three estates of parliament that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed in their lifetimes the crimes of treason within libelled; and therefore, the said William Ruthven, brother and apparent heir and successor foresaid, and his tutors and curators, if he has any, for their interest, to hear and see it found and discerned by decreet of parliament the name, memory and dignity of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, to be abolished and extinguished and their arms deleted and cancelled out of the books of nobility and arms so that their posterity shall be secluded and declared unworthy and incapable of all offices, honours, dignities, successions, possessions, goods and gear moveable and immoveable, rights, titles, hope and appearance of succession and other rights whatsoever within this realm and altogether unable to hold, enjoy or possess the same or any of them in any time coming; and all their goods, lands, rents, offices, benefices, honours, dignities, successions and hope and appearance of successions, rights, titles, possessions and other rights, goods and gear moveable or immoveable and others whatsoever which belonged to the said late John, earl of Gowrie or the late Master Alexander Ruthven, his brother, or in any way might have pertained to them, to be escheat and confiscated to our said sovereign lord, devolved in his highness's person and to appertain to his highness and remain in property with him forever, with certification as is contained within, according to the tenor of the said summons in all points. †Whereof I affixed an authentic copy at every one of the said dwelling places respectively after I had knocked six knocks thereat, as said is, before the witnesses William Ramsay, one of his majesty's trumpeters, Robert Elder, messenger in Edinburgh, Thomas Wallis and William Baxter, postmasters in Edinburgh, with diverse others; and for the more verification of the premise to this my execution, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, Islay herald. Upon 28 August 1600, I, the said John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters to the market crosses of Edinburgh, Haddington and shore and pier of Leith respectively, head burghs of the shires where the said William Ruthven, brother and apparent heir and successor foresaid, made his residence; and likewise, upon 30 August and year of God foresaid, I, the said John Blindseil, passed at command foresaid to the market crosses of Perth, Scone and Kinross respectively, head burghs of the shires where the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, made their residence in their lifetimes, and at every one of the said market crosses respectively, with displayed coat of arms and sound of trumpet, at command of the said letters, by open proclamation thereof, lawfully and peremptorily summoned, warned and charged the said William Ruthven, brother and apparent heir and successor to the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, and the said William's tutors and curators, if he had any, and all others having or pretending to have interest in the action of treason and forfeiture underwritten, upon the premonition of 60 days' warning because the said William was suspected to be out of the country, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next, in the hour of cause, with continuation of days, in the parliament to be begun and held by our said sovereign lord and three estates of his realm at Edinburgh upon 1 November next, with continuation of days, to answer to our said sovereign lord and his justice in the said parliament and to hear and see it found, declared and discerned by decreet of our said sovereign lord and three estates of parliament that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed in their lifetimes the crimes of treason libelled within; and therefore, the said William Ruthven, brother and apparent heir and successor foresaid, and his tutors and curators, if he has any, for their interest, to hear and see it be found and declared by decreet of parliament the name, memory and dignity of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, to be abolished and extinguished, and their arms to be deleted and cancelled out of the books of nobility and arms so that their posterity shall be secluded and declared unworthy and incapable of all offices, honours, dignities, successions, possessions, goods and gear moveable and immoveable, rights, titles, hope and appearance of succession and other rights whatsoever within this realm, and altogether unable to hold, enjoy or possess the same or any of them in any time coming and appearance of succession and other rights whatsoever and all their goods, lands, rents, offices, benefices, honours, dignities, successions and hope and appearance of succession, rights, titles and possessions and other rights and goods and gear moveable or immoveable, and others whatsoever which belonged to the said late John, earl of Gowrie or the late Master Alexander Ruthven, his brother, or in any way might have pertained to them, to be escheat and confiscated to our said sovereign lord, devolved in his highness's person and to pertain to his highness and remain with him in property forever, with certification as is within contained according to the tenor of the said letters in all points; whereof I affixed an authentic copy upon every one of the said market crosses, shore and pier of Leith respectively, before these witnesses respectively, William Ramsay, one of his majesty's trumpeters, William Forsyth and Robert Elder, messengers, Thomas Wallis and William Baxter, postmasters, witnesses to my executions at the market cross of Edinburgh, shore and pier of Leith and market cross of Haddington respectively; and the said William Ramsay, trumpeter, Robert Gray and John Elder, messengers, Thomas Wallis and David Young, postmasters in Edinburgh, witnesses to my executions in Perth, Scone and Kinross with diverse others. And for the more verification to this my execution, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, with my hand.
The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty and whole estates of parliament, first in Latin and thereafter in Scots, and the said William Ruthven, his tutors and curators and all others having or pretending to have interest, being many times called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reasons contained therein, and he not compearing to have defended in the said matter and to have answered to the said summons, the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, desired the said estates' declaration if the reason of the said summons was relevant against the said William Ruthven; which estates, all in one voice, found the same relevant against the said William. Therefore, the said advocate of new, for verifying of the said reason contained in the said summons of treason, produced and repeated the said letter of horning executed and registered against the said William Ruthven, the whole depositions of the witnesses examined before the lords of articles, with the depositions of the said late Master Thomas Cranston and George Craigengelt, their executions to the death for the same crimes, the notoriety of the said fact of treason and whole circumstances of the said matter, and also repeated the whole other probations repeated by him of before in the said matter this instant day and desired the said estates of parliament to advise the probations foresaid led and deduced in the said matter and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter the whole writs and probations being read, seen and considered by the whole estates of parliament in presence of the king's majesty and they therewith being ripely advised, the said lords and estates of parliament find, decree and declare that the said late John, earl of Gowrie and Master Alexander Ruthven, his bother, committed and did open and manifest treason against our said sovereign lord in all points, articles and manner contained in the said summons; and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows: This court of parliament shows for law that the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, committed the foresaid crime of treason and lese-majesty in their lifetimes against our sovereign lord and his authorities royal in manner at length contained in the said summons, and therefore decrees and declares the name, memory and dignity of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, to be extinguished and their arms to be cancelled and deleted out of the books of arms and nobility so that their posterity shall be unable and incapable in all time coming to hold, possess or enjoy any offices, honours, dignities, successions, possessions and all goods moveable and immoveable, rights, titles, hope of succession and others whatsoever within this realm; and all goods, lands, rents, offices, benefices, honours, dignities, hope and appearance of succession, rights, titles, possessions and other goods and gear moveable and immoveable, and others whatsoever which in any way pertained to the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, or which by any right, title, hope of succession, possession or any other manner of way might have belonged and pertained to them, to be confiscated, devolved in our sovereign lord and to appertain to his highness and in all time coming remain in property with his majesty forever. And further, his majesty and estates foresaid, in detestation of the said horrible, unnatural and vile treason attempted by the said late John, sometime earl of Gowrie and the late Master Alexander Ruthven against his highness's own life, decree, statute and ordain that the dead bodies of the said traitors shall be carried upon Monday next to the market cross of Edinburgh, and there to be hung, quartered and drawn in presence of the whole people, and thereafter the heads and quarters of their carcases to be affixed upon the most patent parts and places of the burghs of Edinburgh, Perth, Dundee and Stirling. And this I give for doom.
The which day the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, after that he had repeated and produced all his probations to the said whole estates which he would use for proving of the foresaid summons of treason, raised and pursued at the instance of our said sovereign lord and his highness's justice against the said Alexander and Harry Ruthven, sons to the late Alexander Ruthven of Freeland, Patrick Eviott and Hugh Moncreiffe, whereby they were summoned to have compeared before our said sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty contained in the said summons, of the which summons the tenor follows:
James, by the grace of God, king of Scots, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon and Marchmont, heralds, Robert Stewart, David Bryson, Alexander Douglas and James Chalmers, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, and messengers, and whichever, jointly and severally, of our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Alexander Ruthven and Henry Ruthven, legitimate sons of the late Alexander Ruthven of Freeland, Hugh Moncreiffe, brother of William Moncreiffe of that Ilk, Patrick Eviott, brother of Colin Eviott of Balhousie, as conspirators, perpetrators and concealers of the following crimes of lese-majesty, in person if you are able conveniently to have their personal presence, otherwise at their dwelling places and by public proclamation at the market crosses of our burghs of Edinburgh, Perth, Haddington and other necessary places if they stay or live outwith our realm or have no fixed abode, at the said market crosses and other necessary places on notice of sixty days, in such a way that a summons of this kind could reasonably reach their ears and notice - that they should compear before us or our justice on 4 November next in our parliament to be held at Edinburgh on 1 November following, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament, regarding the following treasonable crimes, that is to say the said persons and any of them for their treasonable art and part, plotting and aid, and their nefarious and execrable conspiracy, plotting and perpetration of the most horrendous and savage treason carried out against our most noble and sacred person and life, by the said persons and the late John, earl of Gowrie, the late Master Alexander Ruthven, his brother, the late Master Thomas Cranston and George Craigengelt, his servants, and their other accomplices in their name, and by his causation, instruction, assistance and advice, on 5 August this year, committed and perpetrated in the following fashion. For when the said late John, earl of Gowrie and the said late Master Alexander Ruthven, his brother, loaded with innumerable benefits out of our outstanding benevolence conspired, with unheard of and incredible ingratitude, with a view to our death, and the said earl had sent his late brother to Falkland to us on 5 August, so that having raised the expectation of outstanding advantage he could entice us to Perth, having acquired as travelling companions Andrew Henderson and Andrew Ruthven, who, on Alexander's orders, were to warn him most swiftly regarding our response to him, and the said late Master Alexander acted out so cunningly and in such an underhand way the part in the tragedy which he had undertaken, so that he drew us, free of any feeling of suspicion, easily to his opinion and, our accustomed band of companions having been prevented from following, brought us with him to Perth, having in the meantime sent ahead the said Andrew Henderson to warn of our approach. The earl, having ordered the said Andrew to arm himself with breastplate, helmet and sword, awaited the arrival of Andrew Ruthven, and having been informed by him that we were approaching, gave no sign by his expression or his words that he knew anything such, began to provide for us in the accustomed fashion. Eventually having been warned by Master Alexander Ruthven himself that we were at the town gate, he came out to meet us and, leading us into his house - identified for a treasonable deed - detained us a while on the pretext of a meal, until he called the said Andrew Henderson with his said late brother to the secluded bedroom, and there ordered the said Andrew to carry out seduluously whatever the said Master Alexander should order him, and suddenly returning to us invited the few of our familiars who had followed us to a meal, then when it was finished to the garden some distance away from that part of the building, with the intention that with no witnesses the said late Master Alexander who, pretending that he was willing to provide what he had promised had attracted us to the said bedroom, by knowing the name of our familiars, would be able the more safely, without any noise and with no impediment, end our life; and when the said earl, so that he might deprive us of any hope of help, spread a false rumour by the late Master Robert Cranston, his servant, regarding our sudden departure, our familiars, influenced by the earl affirming on his oath that it was true, and believing it, rushed headlong into the road so that they could follow us at top speed on horseback. In the meantime the said Master Alexander, thinking that everything had succeeded as he wished and that the time had come for perpetrating the deed, bolting many doors behind him, and leading us to the seclusion of the said bedroom, and the said Andrew Henderson, who was armed, approached, the said Master Alexander fiercely and treasonably rushed at us, and slashing with most foul and false cries, put a dagger to our throat and threatened us with imminent death. We, deprived of any companions, arms and all other human aid, and relying only on the help of the divine power, restrained - with most serious words and, if he were to desist and return to saner counsels, the promise of immunity for his treason - the fury of that most evil man, to the extent that when he said he would consult his brother as to what they should decide regarding us, and having previously extorted an oath from us that we would remain prisoner and silent until his return in the said room, he left, bolting behind him the door and closing us in, and after a very short delay returned, and declared that we had to die instantly, and when he strove treasonably to bind our hands so that might finish us off with less trouble when tied up, and we strenuously resisted, he began to draw his sword with his right hand, and with his left prevented us from speaking and obstructed our throat; we, however, strengthened by the help of Almighty God and struggling forcefully, against his will reached a window which looked on to the main square of the town, and noticing there our beloved kinsmen Ludovic, earl of Lennox and John, earl of Mar, who by chance were there, waiting for horses so that they could follow us, we called them to bring us help against the horrendous treason and imminent death. Struck by the enormity of this unexpected treason, when they heard that help needed to be brought to us to enable us to get down very quickly, so many doors having been deliberately closed by the late Master Alexander in vain, they ran forward, and undoubtedly led by the spirit of God our young familiar John Ramsay climbed in another way and entered by another door of the said bedroom which the said Andrew Henderson, astonished by the horrid nature of the crime, had recently opened in order to make his escape from there, and noticing the said late Master Alexander bearing down on us determinedly he inflicted several wounds on him with our help, and nearly drove him out of the room, when the said earl, seeing that the conspiracy had been detected by our shout, and what his brother was not able to do he rushed to complete by his own hand and by his desperate and treasonable intention. Drawing the swords he carried, he rushed from the road into the yard of his house accompanied by 100 or so armed accomplices and, in the presence of the late Master Robert Cranston, the said late earl and the said Alexander and Henry Ruthven, Hugh Moncreiffe, Patrick Eviott and other accomplices of theirs, burst straight into the bedroom in which they knew we had formerly been shut in. With no time to draw breath or for our domestics to look after anyone, they most savagely attacked the said John Ramsay, Lord Thomas Erskine and Hugh Herries, a doctor, who by chance were the only ones of our people who ran up and tried to keep the said traitors from the approach to the bedroom, and when they had been driven back with extreme force they forcibly entered the bedroom most rapaciously seeking to kill our said most loyal servants who were fighting most bravely for our safety, and almost overwhelmed them by inflicting many wounds, until when the said earl had been stabbed and the said late Master Thomas Cranston, Hugh Moncreiffe and Patrick Eviott had been wounded several times and had been driven from the bedroom, they were forced to flee to the yard. There, gathering a huge crowd of all desperate men, they blocked all the approaches to the building, and posting guards on all sides treasonably surrounded us in a siege, and brought a battering ram to smash the doors, and bringing gunpowder they asked how they could rip from its foundations, lift into the air and destroy the building we were besieged in, and treasonably kill us, our said kinsmen and other loyal subjects besieged with us by overwhelming us with fire and ruin. They threatened the cross, nooses and all most foul modes of death to all of those who were defending the building with us, and with our wounded persevered during the siege with their treasonable plan almost to death, until as the gathering of our loyal subjects to us increased, with everyone running to our aid, against their foul expectation, the conspirators were gradually forced to surrender. Thus, the said persons and any of them have committed the crime of lese-majesty against us, our royal authority and laws. Accordingly it is decided and declared by us and by the decreet of the three estates of our realm that as conspirators, traitors, executors of treason and concealers of the foresaid crimes, the said Alexander Ruthven, Henry Ruthven, his brother, Hugh Moncreiffe and Patrick Eviott and any of them respectively have committed the forementioned crimes of lese-majesty, for sight and hearing. Also for the forementioned and very many other rebellions, transgressions and treasonable crimes impiously and nefariously perpetrated by them respectively against us, our realm and our royal authority, they should present and show themselves on the said day in the said place, with continuation of days, in obedience to the law. Further, they should await and subject themselves to our justice and that of our parliament in this regard, following the laws of our realm. The said persons, conspirators, traitors and concealers of the preceding crimes respectively, and any of them, for hearing and seeing, on the basis of the foregoing, it is decided and decreed, by us and by the decreet of the three estates of our realm, that they have incurred the charge of lese-majesty. For that reason, their persons undergo the penalty of treason and the ultimate punishment prescribed by the laws of our realm, and all their goods, movable and immovable, both lands, offices and benefices, and other things relating to them or in any way capable of pertaining to them, are confiscated by us in perpetuity, and remain with us as property. Also, their descendants are unfit and unable henceforth in perpetuity to obtain and possess honours, dignities, offices, benefices, successions and all their goods, both movable and immovable in our kingdom. Further, it is intimated to the foresaid conspirators and to whomsoever of them that they must answer these charges and obey the law, whether they have compeared on the said day and in the said place, with continuation of days, or not, either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite Master John Moncrieff, advocate, Alexander Blair, younger, of Balthayock, George Hay of Netherton, Master Peter Hay, Robert Graham of Thornick, John Graham of Balgowan, John Murray of Arbanie, Andrew Hay, bailie of Perth, Alexander Peebles, William Robertson, Gilbert Richardson,William Rhind, David Rhind, John Rintoul, George Forrest, Thomas Burrell, Henry Leys of the same, and Robert Christie, janitor of the said late earl, Ludovic, duke of Lennox, John, earl of Mar, Patrick, commendator of Lindores, John Graham of Urquhill, Lord Thomas Erskine, Lord John Ramsay, Lord Hugh Herries, Sir Robert Galbraith, Sir Robert Brown, Sir James Bogg, Sir James Liddell, Sir John Bogg in the ale cellar, and Master Peter Hay, to compear before us or our justice on the said day and in the said place, with continuation of days, to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the said letter, duly executed and endorsed, to their bearer. Also you who have served writs in person are to be on the said day in the said place, in the presence of ourselves or our judge, bearing with you written proof of your summons in respect of the foregoing, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 26 August in the year of the Lord 1600, and in the thirty-fourth year of our reign.
Follows the executions of the foresaid summons upon 28 August 1600: I, John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and summons of treason to the market crosses of Edinburgh, Haddington and shore and pier of Leith respectively; and upon 30 August I passed to the market crosses of the burghs of Perth, Scone and Kinross, head burghs of the shire where Alexander and Harry Ruthven, sons to the late Alexander Ruthven of Freeland, Hugh Moncreiffe, brother to William Moncreiffe of that Ilk, and Patrick Eviott, brother [to Colin]† Eviott of Balhousie, sometimes made their residence; and there, with sound of trumpet and displayed coat of arms, and by proclaiming of these our sovereign lord's letters at every one of the said market crosses and shore and pier of Leith respectively, with displayed coat of arms and sound of trumpet as said is, I lawfully and peremptorily summoned, warned and charged the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott upon 60 days' warning because some of them were suspected to be out of the country, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next in the hour of cause, with continuation of days, in the parliament to be held and begun by his majesty and estates of this realm at Edinburgh, 1 November next, to answer at the instance of our said sovereign lord and his justice in the said parliament and to hear and see it be found and declared by decreet and sentence of our said sovereign lord and his estates foresaid that the said persons and every one of them have committed the crimes of treason and lese-majesty within mentioned and are art and part thereof; and therefore they, and every one of them, to be discerned by decreet foresaid to have incurred the pains of treason in their bodies, lands, possessions, goods and gear, memory and posterity, with certification as is within contained, according to the tenor of the said letters in all points; whereof I affixed authentic copies upon every one of the said market crosses and shore and pier of Leith respectively before these witnesses, William Ramsay, one of his majesty's trumpeters, William Forsyth, Robert Elder and John Gray, messengers, Thomas Wallis and William Baxter and David Young, postmasters in Edinburgh, with diverse others; and for the better verification of the premises to this my executions and endorsement, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, Islay herald. Upon 30 August 1600, I, John Blindseil, Islay herald, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters to the dwelling house of the late John, earl of Gowrie in Perth, and to the dwelling house and chambers respectively of the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott within the said burgh of Perth, and there at the said late Earl of Gowrie, their master's dwelling house, with whom they, and every one of them, being his servants, made their ordinary residence, and likewise every one of their said dwelling houses and chambers in Perth; with sound of trumpet and displayed coat of arms, I lawfully and peremptorily summoned, warned and charged the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott at these said dwelling houses, after I had knocked six several knocks at the principal gate and door of every one of them respectively, to compear before our sovereign lord and his justice at Edinburgh upon 4 November next, in the hour of cause, with continuation of days, in the parliament to be held and begun by his majesty and estates of this realm at Edinburgh upon 1 November next, to answer at the instance of our said sovereign lord and his justice in the said parliament, and to hear and see it be found and declared by decreet and sentence of our said sovereign lord and his estates foresaid that the said persons and every one of them have committed the crimes of treason and lese-majesty within mentioned and are art and part thereof; and therefore, they, and every one of them, to be declared to have incurred the pains of treason in their bodies, lands, possessions, goods, gear, memory and posterity, with certification as is within mentioned according to the tenor of the said letters in all points; whereof I affixed an authentic copy upon every one of the said dwelling places respectively where every one of the said persons remained and for every one of them before these witnesses, William Ramsay, one of his majesty's trumpeters, John Gray and Robert Elder, messenger, Thomas Wallis and David Young, postmasters in Edinburgh, with diverse others; and for the more verification of the premises to this my execution, subscribed with my hand, my signet is affixed. It is thus written below, John Blindseil, Islay herald.
The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty and whole estates of parliament, first in Latin and thereafter in Scots, and the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott being many times called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reason contained therein, and they nor any of them compearing to have defended in the said matter and to have answered to the said summons, the said Master Thomas Hamilton of Drumcairnie, advocate to our sovereign lord, desired the said estates' declaration if the reason of the said summons was relevant against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott and every one of them; which estates, all in one voice, found the same relevant against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott and each one of them. Therefore the said advocate of new, for verifying of the said reason contained in the said summons of treason, produced and repeated the said letters of horning executed and registered against the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott, the whole depositions of the witnesses examined before the lords of articles, with the depositions of the said late Master Thomas Cranston and George Craigengelt, their execution to the death for the same crimes, the notoriety of the said fact of treason and whole circumstances of the said matter and also repeated the whole other probations repeated by him of before in the said matter this instant day, and desired the said estates of parliament to advise the probations foresaid led and deduced in the said matter and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter the whole writs and probations being read, seen and considered by the whole estates of parliament in presence of the king's majesty, and they therewith being ripely advised, the said lords and estates of parliament find, decree and declare that the said Alexander and Harry Ruthven, Hugh Moncreiffe and Patrick Eviott, and each one of them, committed and did open and manifest treason against our said sovereign lord in all points, articles and manner contained in the said summons; and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows: This court of parliament shows for law that the said Alexander Ruthven, Harry Ruthven, his brother, sons lawful to the late Alexander Ruthven of Freeland, Hugh Moncreiffe, brother to William Moncreiffe of that Ilk, and Patrick Eviott, brother to Colin†Eviott of Balhousie, committed the crimes of treason and lese-majesty against our sovereign lord and his authority royal in manner at length contained in the said summons; and therefore decrees and declares their persons to underlie the pains of treason and lese-majesty and last punishment prescribed by the laws of this realm and all their goods moveable and immoveable, as well heritages as offices, benefices and others whatsoever pertaining to them, or which might in any way belong or appertain to them, to be confiscated to his majesty and to remain with his highness in property forever and their posterity to be now and in all time coming incapable and unable to hold and possess within this realm any honours, dignities, offices, benefices, successions or other goods or gear, moveable or immoveable. And this I give for doom.
[1600/11/9]*[print] [email] [cite] [preceding] [following]
Follows the depositions of the witnesses examined in presence of the lords of articles for proving of the said two summonses of treason:
[Ludovic Stewart], duke of Lennox, sworn and examined, testifies that upon 5 August last, this witness, for the time being in Falkland in company with his majesty, he saw Master Alexander Ruthven speaking with his grace beside the stables between 6 o'clock and 7 o'clock in the morning; and shortly thereafter his majesty, passing to the hunting of the buck and having slain one in the park of Falkland, his highness spoke to the witness desiring him to accompany his majesty to Perth to speak with [John Ruthven], earl of Gowrie; and immediately thereafter this witness sent his servant for another horse and for a sword and mounted on horse-back and followed his grace; and as this witness overtook his grace, Master Alexander Ruthven was speaking with his majesty and shortly after the witness's coming to the king his highness rode apart and spoke with this witness saying, 'You cannot guess what errand I am riding for; I am going to get a hoard in Perth and Master Alexander Ruthven has informed me that he has found a man that has a pitcher full of coined gold of great sorts'. And in the meantime his highness enquired at this witness of what humour he thought Master Alexander Ruthven to be of, who answered that he knew nothing of him but an honest discreet gentleman. And after that his highness had declared to this witness the whole circumstances of the man who had the said gold, the place where it was found, where it was kept, this witness answered, 'I like not that (sir) for that is not likely'. And they riding beside the bridge of Earn, his majesty told to this witness that Master Alexander desired him to keep that matter of the hoard close secret and to take nobody with him. And than his highness, both at that time and thereafter in Perth, within the Earl of Gowrie's hall, said to this witness, 'Pay attention when I pass with Master Alexander Ruthven and follow me'. And as his majesty was within a mile to Perth, after that Master Alexander had come a certain space with his highness, he rode away and galloped to Perth before the rest of the company towards his brother's lodging, of purpose, as the witness believes, to advertise the Earl of Gowrie of his majesty's coming there. And, as his majesty was within two pair of boot lengths to the town of Perth, the Earl of Gowrie, accompanied with diverse persons, all on foot, met his highness in the Inch and saluted him, and immediately thereafter his majesty, accompanied with this witness, [John Erskine], earl of Mar, [Patrick Leslie of Pitcairlie, commendator of] Lindores, [James Drummond, commendator of] Inchaffray, Sir Thomas Erskine [of Gogar], [John Graham], laird of Urquhill, James Erskine, William Stewart, Sir Hugh Herries, Sir John Ramsay, John Murray, John Hamilton of the Grange and John Graham of Balgowan, passed altogether in the Earl of Gowrie's hall, the said Earl of Gowrie and Master Alexander Ruthven being both present with them, and after their entry his majesty cried for a drink, which was long of coming and it was an hour next after his first coming before his majesty got his dinner. And the time that his majesty got his dessert the Earl of Gowrie came to this witness and to the Earl of Mar and remaining persons foresaid, and desired them to dine, which they did in the hall; and when they had almost dined, the Earl of Gowrie came from his majesty's chamber to the hall and called for wine and said that he was directed from his majesty's chamber to drink his toast to my lord duke and rest of the company, which he did. And immediately after the toasting cup had passed about this witness rose from table to have awaited upon his majesty, according to his former direction, and then the Earl of Gowrie said to this witness that his majesty was gone up quietly on some quiet errand. And next the said Earl of Gowrie cried for the key of his yard and passed in company with this witness to the yard, accompanied with Lindores and Sir Hugh Herries and certain others, and shortly after their being in the yard Master Thomas Cranston came down to the yard crying the king's majesty is mounted on horse-back, and riding through the Inch. And then the Earl of Gowrie cried 'Horse, horse', and the said Master Thomas Cranston answered to him 'Your horse is in Scone', which the Earl of Gowrie pretended not to hear but cried 'Yes, horse, horse'. And the witness and the Earl of Gowrie came out of the yard through the hall to the close and came to the outer gate and this witness enquired at the porter if the king was forth, who answered that he was assured that his majesty was not out of the place. Then the Earl of Gowrie said, 'I am sure he is forth; always stay my lord duke and I shall go up and get your lordship the verity and certainty thereof'. And the said Earl of Gowrie passed up and immediately came down again to the close and he affirmed to this witness that the king's majesty was forth at the back gate and away, whereupon this witness, the Earl of Gowrie and Mar and whole company passed forth at the fore-gate of the lodging and stood before the same gate upon the high-gate, and as they were standing there advising where to seek the king, at once and in this meantime this witness heard a voice and said to the Earl of Mar, 'This is the king's voice that cries! Be where he will?' and so they all looked up to the lodging. They saw his majesty looking out of the window missing his hat, his face being red and a hand gripping his cheek and mouth, and the king cried, 'I am murdered, treason, my lord Mar, help, help!' And immediately this witness, the Earl of Mar and their company ran up the stair to the gallery chamber where his majesty was to have relieved him, and as they passed up they found the door of the chamber fast, and seeing a ladder standing beside they bashed at the door with the ladder and the rungs of the ladder broke, and next they sent for hammers and notwithstanding long forcing with hammers they got not entry at the said chamber until after the Earl of Gowrie and his brother were both slain. That Robbie Brown passed about by the back door and came to his majesty and assured his highness that it was my lord duke and the Earl of Mar that were breaking down the chamber door and then the hammer was given through the hole of the door of the chamber and they within broke the doors and gave them entry. And at their first entry they saw the Earl of Gowrie lying dead in the chamber, Master Alexander Ruthven being slain and taken down the stair before their entry. And at their first entry within the said chamber where the king's majesty was, the witness saw sundry halberts and swords striking under the door of the chamber and sides thereof by reason the same was no close door, and knew none of the strikers except Alexander Ruthven, one of the defenders, who desired to speak with this witness through the door and enquired at him, 'For God's sake, my lord, tell me how my lord Gowrie does'. To whom this witness answered, 'He is well', and the said witness bade the said Alexander to go his way and that he was a fool and that he would get little thanks for that labour. And in this meantime, as they were continuing in striking with halberts under the door, big John Murray, servant to Tullibardine, was struck through the leg, and as soon as the said Alexander Ruthven had heard the said lord duke speak, he and his whole accomplices passed from the foresaid door and made no more troubling thereafter thereat and passed down to the close and stood there. And saw none of the remaining defenders present at the doing of the violent turns that day except by report but the said Alexander Ruthven, but says that he saw Hugh Moncreiffe, Harry and Alexander Ruthven and Patrick Eviott with the Earl of Gowrie at the king's dinner that day and of before, and thereafter looking over the chamber window he saw George Craigengelt and Alexander Ruthven and diverse others of the Earl of Gowrie's servants whom this witness knew not standing in arms within the close, and also saw other persons carrying a timber beam† from the town to the close of the Earl of Gowrie's lodging, and declares that there abode sundry persons within the said close and in the high street before the said earl's lodging crying and making tumult for the space of two hours and more next after the death of the said Earl of Gowrie and his brother. It is thus written below, Lennox.
[John Erskine], earl of Mar, sworn and examined, testifies according to [Ludovic Stewart], lord duke of Lennox's deposition in all things substantial, except his lordship saw not Master Alexander Ruthven in Falkland until about 10 o'clock the day libelled, shortly before the slaying of buck, and also overtook not his majesty that day until his majesty was near the bridge of Earn, and that after their dinner my lord Mar passed not to the yard in company with [John Ruthven], earl of Gowrie but passed to chamber where the king dined and saw nothing of the timber beam.
Andrew Henderson, chamberlain of Scone, sworn, testifies that he is of the age of 38 years, declares that upon Monday at night, 4 August last, this witness being after supper in company with [John Ruthven], earl of Gowrie and Master Alexander Ruthven within my lord's own chamber, the Earl of Gowrie enquired at this witness what he had to do tomorrow, to whom this witness answered that he had to ride to Ruthven to speak with the tenants. Then the Earl of Gowrie answered, 'Delay that journey. You must ride to Falkland in company with my brother, Master Alexander, and take Andrew Ruthven with you, and that you be ready to ride by 4 o'clock in the morning and haste you back with answer as my brother directs you, by writing or otherwise, and let Andrew Ruthven remain with my brother'. And the morning after, 4 o'clock in the morning, they rode all three together to Falkland, and coming to Falkland they dismounted at John Balfour's house, and seeing that Colonel Edmond was there they lodged in one Law's house and the master sent this witness about 7 o'clock in the morning to see what the king's majesty was doing. And as he was within the palace he saw the king's majesty coming forth the mid-close, booted, and then he returned back again to the master and said to him, 'Haste you, the king's majesty is coming forth'. And immediately the master followed his majesty and spoke with his majesty opposite the royal stables and the king laid his hand on his shoulder and clapped him, where they spoke together by the space of a quarter of an hour. And thereafter the master directed this witness to ride to Perth in haste as he lost the Lord Gowrie's honour and his, and advertise his lordship that his majesty will be there with a few number immediately and cause make his dinner ready. Then this witness answered, 'Shall I ride presently?' The master answered 'No, but stay a while and follow the king and me until I speak with his majesty again'. And as his majesty was riding through the gap of the park wall, the master spoke to his majesty and immediately thereafter the master bade this witness to pass to Perth with all possible diligence according to his former direction. And at this witness's coming to Perth, which was shortly after 10 o'clock in the morning, he entered in the Lord Gowrie's chamber where he saw his lord speak with George Hay and Master Peter Hay, and as soon as my lord Gowrie saw this witness he came aside to this witness and enquired secretly what word he had brought from his brother and if he had brought a letter. This witness answered that he had brought no letter. 'What answer' (then said he) 'have you to me?' This witness answered then the master, his brother, bade tell his lordship that the king's majesty would be there at once and bade haste his dinner. Then the earl desired this witness to follow his lordship to the cabinet and enquired at him how his majesty had taken with his brother. He answered that he was well taken with and when he did his courtesy the king laid his hand upon his shoulder. The earl enquired what number of persons was with the king at the hunting, who answered that he knew not well but that there were sundry of his own with him and some Englishmen, and then the earl enquired what noblemen were with him: he answered, 'None but my lord duke'. And thereafter this witness passed to his own house in the town and took off his boots and returned to the earl within an hour, and as soon as the earl saw him in his chamber he called upon this witness and bade him put on his secret† and plate sleeves.† The witness enquired 'To what effect?' The earl answered, 'I have a highland man to take in the Shoegate'. And then this witness passed to his own house and put on his secret and plate sleeves, came back again to the Earl of Gowrie's house and about quarter to one the earl command this witness, 'Take up my dinner'. And this witness passed and took up the first service by reason George Craigengelt was sick. And at once the said earl passed to his dinner accompanied with Master John Moncrieff, laird of Pittencrieff, Master James Drummond and Alexander Peebles, baron of Findowie, and shortly after the first service was set down, my lord sitting at the table with the foresaid company, Andrew Ruthven came in from the master and rounded to the earl but heard not what he said. And shortly thereafter this witness, passing down to take up the second service, Master Alexander Ruthven and William Blair came in to the hall, my lord sitting at his dinner. And as soon as my lord saw them, he and his whole company rose from the table and then this witness, hearing my lord on foot, bade this witness send for his steel bonnet and gauntlet, believing that my lord was going to take the said highland man. And as the witness perceived my lord passing to the Inch, and not to the Shoegate, he sent home his steel bonnet and cast his gauntlet in the [...]† pantry, and thereafter followed the earl to the Inch, where he saw the said earl meet his majesty, [Ludovic Stewart], duke [of Lennox] and [John Erskine], earl of Mar and come in altogether to the earl's house. And after his majesty had come to the earl's lodging, the Master of Ruthven enquired at this witness where the key of the gallery chamber was; who answered that he handled not the said key since the earl came in Scotland. Then the master bade this witness speak to Master William Rhind to give to him the said key, and the master passed up towards the gallery, Master William Rhind followed him and gave to him the said key and thereafter, immediately after his majesty's sitting down to his dinner, Master Thomas Cranston came to this witness and bade him go to the Earl of Gowrie, which this witness did. And the Earl of Gowrie in the outer chamber, where the king dined, spoke to this witness secretly and bade† him pass up to the gallery to his brother. So he passed up and the earl followed him and they being all three together in the gallery chamber, whereof he had the key from Master William Rhind, the earl said to this witness, 'Stay still with my brother and do anything he bids you'. Then this witness turned to the master and enquired, 'What will you do with me, sir?' Then the master spoke to my lord, 'Let Andrew Henryson go in to the round of the chamber and I will lock him in and take the key with me', where this witness abided half an hour or thereby, locked by himself, having his secret, plate sleeves, sword and dagger with him and lacking his steel bonnet. And all this time this witness, fearing some evil to be done, sat upon his knees and prayed to God. And about the end of the half hour Master Alexander opened the door of the round and entered first within the same, having the king's majesty by the arm, and put on his hat on his head, drew forth this Andrew Henderson, witness, his dagger and said to the king, having the drawn dagger in his hand, 'Sir, you may be my prisoner, remember on my father's death'. And as he held the dagger to his majesty's breast this witness threw the same out of Master Alexander's hands and the time that the master held the dagger to his majesty's breast the king was beginning to speak. The master said, 'Hold your tongue, sir, or by Christ you shall die'. Then his majesty answered, 'Master Alexander, you and I were very great together and as touching your father's death, man, I was but a minor; my council might have done anything they pleased. And further, man, albeit you deprive me of my life you will not be king of Scotland, for I have both sons and daughters and there are men [in] this town and friends that will not leave it unrevenged'. Then Master Alexander answered, swearing with a great oath that it was neither his life nor blood that he craved. And the king said, 'What does it matter, albeit you take off your hat'. And then Master Alexander took off his hat and the king said 'What is it you crave man, and you crave not my life?'; who answered, 'Sir, it is but a promise'. The king answered, 'What promise?' The said Master Alexander answered, 'Sir, my lord my brother will tell you'. The king said 'Fetch hither your brother,' and next the said Master Alexander said to the king, 'Sir, you will not cry nor open the window until I come again', and the king promised so to do. Then Master Alexander passed forth and locked the door of the round and passed not from the door as he believes. In the meantime, the king entered in conference with this witness: 'How came you in here man?' And this witness answered, 'As God lives I am shut in here in the same way as a dog'. His majesty answered, 'Will my lord Gowrie do me any evil man?' This witness answered, 'I vow to God, sir, I shall die first'. And then the king bade this witness open the window, and he opened the window that looked to the Spey tower. The king answered, 'Fie, the wrong window man', and thereafter this witness passed to the other window nearest his majesty, to open the same. Before he got to the window Master Alexander opened the door and came in again and said to his majesty, 'By God, sir, there is no remedy', and then he rushed to the king and got him by both the hands, having a garter in his hands. Then the king answered, 'I am a free prince man, I will not be bound'. So his majesty cast loose his left hand from Master Alexander and at that same time this witness drew away the garter from Master Alexander, and his majesty leapt free from the said Master Alexander, and the said Master Alexander followed his majesty and, with his left hand about his majesty's neck, put his right fist in his majesty's mouth, so his majesty struggled to be free from him. This witness put his hand out of his majesty's mouth and thereafter the witness put his left hand over his majesty's left shoulder and pulled up the board of the window to which the said Master Alexander had thrust his majesty's head and shoulders and with the force of the drawing up of the window it pressed his majesty's body about his right side to the window, at the which time his majesty cried forth, 'Treason treason!' So the master said to this witness, 'Is there no help with thee? Woe worth thee, thou will cause us all die?' So trembling the master put his hand on the guard of his own sword and immediately the king's majesty put his hand on the master's hands and prevented him from drawing of his sword. And this way, they both being clasped together, came out of the cabinet to the chamber. And in the meantime this witness threw about the key then standing in the door of the head of the turnpike which entered to the chamber and opened the door thereof to eschew himself and to let his majesty's servants in. And as soon as he opened the door, John Ramsay came in at the same door with a hawk in his hand and passed to the king's majesty and went about him and drew his dagger, and as he saw him take aim with the dagger this witness passed forth at the said door and passed down the turnpike. It is thus written below, Henderson. And as the witness passed through the close and came to the fore-gate, the witness saw the Earl of Gowrie standing before the gate accompanied with diverse persons, of whom he remembers none, but remembers well that the Earl had this witness's knapscall† on his head and two swords drawn in his hand. And immediately thereafter the witness passed to his own lodging, where he remained until the king passed out of the town, and then the witness passed to the bridge and walked up and down by the space of an hour and returned not again to the earl's lodging that night. And the time of his entry to his house that night this witness's wife enquired at this witness what trouble was within the place, to whom he answered, 'Well is me of one thing, that if I had not been there the king had been twice stabbed this night, but woe is me for the thing that is fallen out'. And this witness, being demanded by Master John Moncrieff after his returning from Falkland, 'Where have you been with your boots on?', answered he had been two or three miles beyond Earn and dared not tell him the verity by reason the Earl of Gowrie had discharged him to tell the errand he send him to anybody. And further, this witness declares that when he saw the Earl of Gowrie standing with his drawn swords before the gate, this witness spoke not to the earl, neither yet the earl to him at that time, but he passed to his own house. It is thus written below, Andrew Henderson.
[James Drummond], abbot of Inchaffray, sworn and examined, testifies that upon 5 August last, this witness being in Falkland, about 7 o'clock in the morning he met Master Alexander Ruthven accompanied with Andrew Ruthven and at that time only saluted the said Master Alexander, without any conference further at that time. And at that time he saw the said Master Alexander enter in conference with his majesty upon the green, between the stables and the park, which conference enduring for the space of a quarter of an hour, and the said Master Alexander accompanied his majesty until they came to the meadow. And at his returning from his majesty, this witness desired Master Alexander to breakfast with him by reason his own could not be so soon prepared, to whom Master Alexander answered he might not delay by reason his majesty had commanded him to await upon him. And as this witness passed to Falkland, leaving Master Alexander behind him, he met his horse with his man coming from Falkland to him. And then this witness, after he had breakfasted in Falkland, he took his journey the high way to Inchaffray, and the witness being but a mile north of Strathmiglo, his majesty, accompanied with [Ludovic Stewart], my lord duke [of Lennox], [Patrick Leslie of Pitcairlie, commendator of] Lindores, [John Graham], laird of Urquhill, John Hamilton of the Grange, Finlay Taylor and Master Alexander Ruthven, came by this witness riding the high way to Perth. Then immediately this witness mounted on horseback and accompanied his majesty to Perth where he saw [John Ruthven], earl of Gowrie meet his majesty in the Inch and passed in company with his majesty and his noblemen and servants to the Earl of Gowrie's lodging where they dined altogether. And after dinner, this witness being in the chamber at the north end of the hall, word passed through the hall that his majesty was passed away and riding towards Falkland. And then this witness, in company with [John Erskine, earl of] Mar and remainder present for the time, passed to the close and from that to the high street; and the Earl of Gowrie being present with them desired them to stay until he returned and advertised them of the verity thereof. And immediately the Earl of Gowrie passed up the stair and returned back and certified the witness and his colleagues of his majesty's departure. Then the lord duke, this witness and remainder cried for their horses to follow the king, then, as they were standing upon the high street, they heard a cry and a voice and the duke first declared, 'I am assured that is his majesty's voice, be where he will himself?' And immediately thereafter this witness saw his majesty looking out at a window of the round, lacking his hat and his face red, crying, 'Fie, help, my lord Mar, treason, treason! I am murdered'. And at that same instant by his judgement his majesty was pulled violently in at the same window and immediately thereafter this witness passed in haste up with the Earl of Mar and my lord duke to the chamber within the gallery where he saw, heard and did in all things according to the duke's deposition. It is thus written below, Inchaffray.
[Patrick Leslie of Pitcairlie], abbot of Lindores, sworn and examined, testifies according to the lord duke of Lennox in all things, adding that after dinner when word was of his majesty's departure towards Falkland and that they had altogether come down to the porter and had enquired at him if the king's majesty was gone forth, the porter answered he was not passed forth and [John Ruthven], earl of Gowrie affirmed that he was passed forth at the back gate. And the porter said to the Earl of Gowrie, 'That cannot be, my lord, because I have the key of the back gate'. And after that his majesty had cried out of the window of the round, 'Treason, treason!', and this witness saw James Erskine immediately lay hands upon the Earl of Gowrie upon the high street and immediately Sir Thomas Erskine [of Gogar] gripped the Earl of Gowrie, 'Fie, traitor, this is your deed, thou shall die'. Then the Earl of Gowrie answered, 'I know nothing in the matter'. Then instantly the Earl of Gowrie's men surrounded the said Sir Thomas Erskine and James Erskine from the Earl of Gowrie, who at once ran the space of half a pair of boot lengths from them towards [Duncan Campbell of] Glenorchy's house and drew forth his two swords and cried, 'I will either be at my own house or die by the gate'. And immediately thereafter the said earl, accompanied with 30 persons or thereby, passed within the said place where his majesty was for the time and shortly thereafter the witness, as appeared to him, saw a multitude of people carrying a timber beam towards the place. It is thus written below, Lindores.
Sir Thomas Erskine [of Gogar], of the age of 36 years, sworn, testifies according to [James Drummond], lord Inchaffray and [Patrick Leslie], lord Lindores, adding that immediately after this witness heard his majesty cry out of the window of the round, 'Fie, help, I am betrayed, they are murdering me', he ran with diligence towards the place to have helped his majesty. And before his entry, seeing [John Ruthven], earl of Gowrie, this witness and his brother gripped him by the neck and said to him, 'Traitor, this is your deed'. Which earl answered, 'What is the matter? I know nothing'. Immediately the earl's servants severed him from this witness and his brother and then this witness entered within the close. He assembled with Sir Hugh Herries, who demanded of the witness what the matter meant; and in the meantime the witness heard Sir John Ramsay crying out at the turnpike head, 'Fie, Sir Thomas, come up this turnpike directly to the head'. And as this witness had passed up five steps of the turnpike he saw and met with Master Alexander Ruthven, bloodied in two parts of his body, namely, in his face and in his neck. And immediately this witness cried to Sir Hugh Herries and others that were with him, 'Fie, this is the traitor, strike him'. And immediately he was struck by them and fell and as he was fallen he turned his face and cried, 'Alas, I had no wit of it', this witness being standing above him in the turnpike. Thereafter, this witness passed to the head of the turnpike and entered within the chamber at the end of the gallery where the king and Sir John Ramsay were there alone present. And at the first meeting, this witness said to his majesty, 'I thought your majesty would have accredited more to me than to have commanded me to await your majesty at the door if you thought it not fit to have taken me with you'. Whereupon his majesty answered to the witness, 'Alas, the traitor deceived me in that as he did in the leave, for I commanded him expressly to bring you to me, which he promised to me to do, and returned back as I thought to fetch you, but he did nothing but shut the door'. Shortly thereafter Sir Hugh Herries followed this witness in to the chamber and George Wilson, servant to James Erskine, and immediately thereafter Master Thomas Cranston, with his sword drawn in his hand, entered within the said chamber and the Earl of Gowrie followed him within the same chamber with a drawn sword in every one of his hands and a knapscall on his head, who struck at this witness and his colleagues a certain space, likewise they defended them and struck again. And that same time the said witness was hurt in the right hand by Master Thomas Cranston. And this witness heard my lord Gowrie speak some words at his entry but understands them not. And lastly, Sir John Ramsay gave the Earl of Gowrie a deadly strike and then the earl leant him to his sword and the witness saw a man hold him up, whom he knew not, and as soon as the earl fell to the ground Master Thomas Cranston and the remainder who accompanied him departed and passed down the turnpike. And the witness remembers that at that time there were more persons in the chamber with the Earl of Gowrie by Master Thomas Cranston but knew none of them, except he believes that a black man that was there in company within the chamber was Hugh Moncreiffe, brother to [William Moncreiffe], laird of Moncreiffe, but the witness knows not well whether or not it was Hugh Moncreiffe. It is thus written below, Sir Thomas Erskine.
Sir John Ramsay, of the age of 23 years or thereby, sworn, testifies that immediately after he had dined the day libelled in [John Ruthven], earl of Gowrie's house, he took his majesty's hawk from John Murray to the effect the said John might have dined. And the witness, missing his majesty and assembling with [John Moncrieff], laird of Pittencrieff in the Earl of Gowrie's hall, and demanding of Pittencrieff where his majesty was, the said laird first convoyed the witness to the chamber where his majesty dined, thereafter to the yard, hoping that his majesty had been there. And missing his majesty in the yard, the said laird convoyed the witness up to a fair gallery where this witness was never before, where, having remained a certain space beholding the gallery, they came both down to the close where they met with Master Thomas Cranston in the middle of the close, who said to them that his majesty was away upon horseback at the Inch. Whereupon this witness and Pittencrieff separated and the witness passed out of the gate to his stable to have got his horse. And being standing at the stable door, he heard his majesty cry, knew his highness's voice but understood not what he spoke. Whereupon he immediately came within the close and finding a turnpike door open he entered within the same and ran up the turnpike until he came to the door upon the head thereof, and hearing a struggle and din of men's feet he ran with his whole force at the door of the turnpike head, which enters to the chamber at the end of the gallery. The witness having in the meantime his hawk on his hand and having battered down the door, he saw his majesty and Master Alexander Ruthven in each other's arms, struggling and wrestling together, his majesty having Master Alexander's head under his arm and Master Alexander, being almost on his knees, had his hand upon his majesty's face and mouth. And his majesty, seeing† the witness said, 'Fie, strike him low because he has a secret doublet upon him', whereupon the witness cast the hawk from him and drew his dagger wherewith he struck the said Master Alexander. And immediately after he was struck his majesty thrust him down the stair whereat this witness had entered. Thereafter this witness proceeded to a window and looking out thereat and seeing Sir Thomas Erskine [of Gogar], the witness, cried, 'Sir Thomas, come up this turnpike directly to the head'. In the meantime his majesty put his foot upon the hawk's leash and held her a long time until the witness came and took her up again. And then Sir Thomas Erskine entered, and in the rest testifies according to Sir Thomas Erskine in all points. And further says that when this witness entered first within the chamber he saw a man standing behind his majesty's back whom he in no way knew nor remembers not what apparelling he had on, but after that this witness had struck Master Alexander he saw that man no more. It is thus written below, Sir John Ramsay.
John Graham of Urquhill, sworn and examined, testifies according to [Ludovic Stewart], lord duke of Lennox and [John Erskine], earl of Mar in all things providing the same source of knowledge, adding that this witness, the time that he was at dinner in the hall with my lord duke and Earl of Mar, he saw the king and Master Alexander Ruthven pass through the hall, up the turnpike towards the gallery, and as this witness, John Hamilton and others were following, Master Alexander cried, 'Back gentlemen, stay, for so it is his highness's will'.
John Graham of Balgowan, of the age of 50 years or thereby, married, testifies according to [Ludovic Stewart], lord duke [of Lennox] in all things, adding that this witness, the day libelled, after the death of [John Ruthven], earl of Gowrie and his brother and hearing his majesty report that Master Alexander pressed to have bound his highness's hands with a garter, this witness found a garter at the side of the round door among the coarse grass. And immediately thereafter this witness presented the same garter to his highness and at the sight thereof his majesty said that the same was the garter wherewith Master Alexander pressed to have bound his hands. And then Sir Thomas Erskine [of Gogar] grabbed the same garter and said that he would keep it, which he has yet in keeping. It is thus written below, J. Graham of Balgowan.
I, Master John Moncrieff, testifies as follows after: namely, that day I was still present with [John Ruthven], my lord Gowrie to the time I heard his majesty cry 'Treason!' and saw him put his arm forth at the window of the round, and then left him, for I conceived in my heart that it was a plain treason conspired against his majesty and was induced hereto in respect of the presumptions following: First, I saw the king's majesty and the late Master Alexander Ruthven, my lord's brother, go forth at the hall door alone, whereas his majesty had no weapons and Master Alexander had a sword. Next, I saw his majesty come in quiet and sober manner to the town, through which apparently he would have no evil purpose in his mind. Item, the said Master Alexander riding to Falkland in the morning was obscured from me and my brother Hugh, where he was, and I having enquired of my brother Hugh where he was riding to he knew nothing thereof, so that neither he nor I could get trial of the same. Item, I, having enquired at Andrew Henderson himself, who rode to Falkland with the master and returned two hours before him deceived me and answered that he had been two or three miles above the town, and also the said Andrew had another doublet on him than he used commonly and was more buxom, and, as appeared, might have contained a secret. Item, that day being the council day of the town, my lord excused himself in respect of his affairs. Item, I, having pressed him to subscribe a confirmation of a lady, first refused in respect foresaid, always passed it thereafter. Item, my lord delayed longer from his dinner than he used and albeit Andrew Ruthven who was with the master came and rounded to my lord at the table, he pretended to be unaware of all things to the time the said Master Alexander came himself, and then rose from the table and met his majesty. Item, my lord obscured altogether that he knew the coming of any man until the master came. Item, Master Thomas Cranston was the first that I heard cry, 'The king's majesty is away'. Item, after [Ludovic Stewart], my lord duke [of Lennox] and [John Erskine], my lord Mar and his majesty's servants were in the close, my lord Gowrie came back again to the hall saying the king was away, so that, as I thought, he would have each man thinking so; and I thought his majesty was not received with that sincere entertainment as became. Item, after his majesty's riding away, my brother Hugh came to my house and I enquiring of him what he thought of these matters, answered before God so far as I can perceive, 'I believe it shall become evident to be a plain treason on my lord's part'. And I enquiring at him if he knew anything thereof, answered he knew nothing but he and Harry Ruthven, after all things were ended, fell in conference regarding this and he thought things were likely. Lastly, Andrew Henderson's letter moves me most of all, and upon my salvation and condemnation I know no further in this matter nor yet can remember of any other circumstance or presumption might have induced me to conceive the former treason which I apprehended in manner foresaid. It is thus written below, Master John Moncrieff.
†I, Andrew Ray,† one of the bailies of the burgh of Perth, by this deposition testify upon my conscience and in the sight of God as I shall answer to him in the great day, that upon 5 August 1600, I, being in the late [John Ruthven], earl of Gowrie's lodging when his majesty was there, saw his majesty after his dinner, accompanied with [Alexander Ruthven], master of Gowrie, rise from the table and go out of the chamber where he had dined, but to what place I know not, being beholding the said late Earl of Gowrie's entertainment of the noblemen in drinking of his majesty's health to them, which his majesty before his rising from the table had commanded him to do. And that after that the lords, namely [Ludovic Stewart], my lord duke [of Lennox], [John Erskine], my lord Mar, [Patrick Leslie], lord Lindores and [James Drummond], lord Inchaffray, with sundry of his majesty's gentlemen and servants, accompanied with the Earl of Gowrie in person, a short space after dinner had missed his majesty and enquired where he should be. They went to the fore-gate and enquired at the porter if he saw the king go forth at the fore-gate and heard the porter answer that his majesty was not gone forth that way. Also that the Earl of Gowrie said to the porter, 'You lie, knave, he is forth'. And the porter replied that he should give his head in case his majesty were forth. Yet upon the Earl of Gowrie's assurance that his majesty was forth to the Inch, the lords rushed out in haste at the fore-gate and enquiring where the king was, I, being with them, I saw one force up the long mullioned window in the north side of the turret upon the high gate, but who forced it up I know not. And further saw clearly his majesty, bare-headed, thrust forth his head and arm at the foresaid window and heard his majesty crying loudly, 'Fie, treason, treason, and murder, help Earl of Mar!' Whereupon I, being very aghast and wonderfully astonished at that cruel and terrible sight and pitiful and woeful cry, I not knowing what the matter meant but perceiving his majesty in extreme and great danger, ran with all possible diligence through the streets, crying loudly, 'Fie, treason, treason against the king, for God's sake all honest men haste and relieve the king!', and commanded to ring the common bell that all men might come in haste to his majesty's relief. And then I returned with all possible diligence with a great number of the people with me and came afore the foresaid turret and window where I saw his majesty first cry out. And than I cried out, 'How is the king?' But my lord duke and my lord Mar answered, 'The king is well (praise be God)'. Then I cried again up to his majesty and showed his majesty that the bailies and township had come there in all haste to supply and relieve his majesty and therefore besought his majesty to command what was his majesty's will and best to be done. And then his majesty beckoned forth his hand to me and to the people, commanding me to cause the people to retire to their lodging, which commandment I at once obeyed and commanded all manner of men to retire themselves to their lodgings, and likewise passed to the market cross and by open proclamation commanded in his highness's name that all men should retire to their lodgings under the pain of treason; who obeyed immediately after my charge. And this I testify to be of verity by the faith and truth of my body so far as I justly can remember. I, witness of the which, I have subscribed this deposition with my hand at Perth, 13 October 1600, before these witnesses: Master Patrick Galloway, minister to his majesty, James Drummond of Letchill, Oliver Young, Constantine Mallice, Thomas Johnstone, bailies, Henry Elder, clerk, Robert Anderson, Andrew Arnott and William Jack, burgesses of Perth. It is thus written below, Andrew Ray, bailie, with my hand, Master Patrick Galloway, witness, James Drummond, witness, Oliver Young, bailie, witness, Thomas Johnstone, bailie, witness, Robert Anderson, witness, Andrew Arnott, witness, William Jack, witness, Henry Elder, scribe, witness.
Robert Christie, porter to the late John [Ruthven], earl of Gowrie, of the age of 30 years, single, testifies that he was porter to the Earl of Gowrie on 5 August libelled, likewise he was by the space of five weeks of before. And shortly after the dinner this witness saw [Ludovic Stewart], my lord duke [of Lennox], [John Erskine], earl of Mar and the Earl of Gowrie come to the close and my lord duke enquired at this witness if his majesty was passed out of the close. The witness answered that he was not forth. Then the Lord Mar said, 'Friend, tell me the verity if his majesty be forth or not'. And he answered, 'In truth he is not forth'. The Earl of Gowrie, looking with an angry countenance, said, 'Thou lied, he is forth at the back gate and through the Inch'. Then this witness answered, 'That cannot be, my lord, for I have the key of the back gate and of all the gates of the place'. Thereafter this witness heard and saw his majesty looking out of the window of the round and crying, 'Treason, treason, fie, help, help, my lord Mar!' And at once my lord duke and Earl of Mar and others ran up the great turnpike to the gallery and thereafter the Lord Gowrie came from the high street within the close having a steel bonnet on his head and a drawn sword in each hand, accompanied with Alexander and Harry Ruthven, Patrick Eviott and Hugh Moncreiffe and Master Thomas Cranston, all having drawn swords in their hands, and passed altogether with my lord up the old turnpike, but what was done within the house and place thereafter knows not but by report. Neither saw he any timber beam brought to the place by any of the town and knows no more in the matter. It is thus written below, Robert Christie.
Alexander Blair, younger, of Balthayock, sworn and examined, testifies according to that immediately preceding except that he saw not [John Ruthven], my lord Gowrie pass with his company and drawn swords up the turnpike but saw Alexander and Harry Ruthven and Hugh Moncreiffe come down the little turnpike where they and my lord had ascended, the said three persons having drawn swords in their hands, but saw not Patrick Eviott there. And this witness says that after the tumult was risen and this witness pressed to enter within the place he was a little prevented by them in the place but they yielded together and the witness got entry. Likewise he saw a timber beam brought in from the town and set up at the wall of the close but who brought the same in he knows not. It is thus written below, A. Blair, apparent heir of Balthayock.
George Hay, prior of Charterhouse, of the age of 28 years or thereby, married, testifies according to [Ludovic Stewart], lord duke of Lennox in all things after his majesty's entry in Perth the day libelled, adding that that same day, the witness having concerns in Perth with [John Ruthven], earl of Gowrie and speaking with him in his own place, he saw Andrew Henderson come in booted from Falkland and heard the said Lord Gowrie enquire of the said Andrew who was with his majesty in Falkland. And thereafter the said earl took the said Andrew Henderson to the cabinet and after a certain space the earl, coming to the chamber, he gave this witness his dispatch saying that he had to do that day and might not await on his errand and bade him come any other day.
Master Peter Hay, of the age of 30 years or thereby, married, testifies according to George Hay in all things the witness immediately preceding.
Robert Graham of Thornick, sworn and examined, testifies according to [Ludovic Stewart], duke of Lennox after that his majesty entered in Perth.
Oliver Young, bailie in Perth, sworn and examined, testifies that the day libelled this witness was in [John Ruthven], earl of Gowrie's lodging where he saw the king dine and after dinner saw the king's majesty and Master Alexander Ruthven pass alone through the hall and up the turnpike. And immediately thereafter this witness passed to his own lodging in the town where he abided until the cry and tumult rose. And immediately this witness ran to the place libelled, his majesty cried out at the window and commanded this witness by name to prevent the tumult of the people. The which this witness obeyed and did and saw Hugh Moncreiffe coming out of the place with his face being bloody, and Harry Ruthven, one of the defenders, at the mouth of the Wattergait with a drawn sword in his hand and knows no more in the matter.
James Drummond of Pitcairn, sworn and examined, testifies according to that immediately preceding in all things, adding that as this witness, immediately after the cry rose, coming to the place libelled, he met upon the high street Alexander Ruthven, one of the defenders, having a drawn sword in his hand and crying 'Fire and powder', and knows no more in the matter.
William Rhind, butcher in Perth, of the age of 30 years or thereby, married, testifies that he saw within the close of Perth, after the affray rose, Patrick Eviott and Hugh Moncreiffe, both bleeding, having drawn swords in their hands.
Henry Leys, burgess of Perth, sworn and examined, testifies according to James Drummond and William Rhind, but he saw not Patrick Eviott there.
George Wilson, servant to James Erskine, of the age of 24 years or thereby, single, testifies according to Sir Thomas Erskine [of Gogar] in all things, by reason this witness was in company with the said Sir Thomas after the first time that he and James Erskine, his brother, had gripped [John Ruthven], earl of Gowrie and was separated from him by his servants. And immediately thereafter this witness accompanied the said Sir Thomas Erskine up to the turnpike into the chamber where his majesty was, where he saw as the said Sir Thomas has testified in all things.†
David Rhind, butcher in Perth, sworn and examined, testifies according to James Drummond and heard Alexander Ruthven cry for powder but saw not Patrick Eviott.
Gilbert Richardson in Perth, of the age of 24 years or thereby, single, testifies according to James Drummond in all things and David Rhind.
John Murray of Arbany, of the age of 58 years or thereby, married, testifies the day libelled the witness came to Perth after dinner where he heard his majesty crying out at the window of the round, 'Fie, treason, my lord Mar, help!' Immediately thereafter [John Erskine], my lord Mar and [Ludovic Stewart], duke [of Lennox] ran up the broad turnpike and the witness followed them in the close where he saw [John Ruthven], lord Gowrie, having a steel bonnet on his head and two drawn swords, one in each hand, and saw the said earl pass up the turnpike accompanied with certain of his servants, having drawn swords in their hands, of whom he knew none.†
†Thomas Burrell, burgess of Perth, sworn and examined, testifies according to James Drummond, adding that the time of the affray this witness, entering within the close of the place libelled, he saw standing in the close with drawn swords in their hands Alexander and Harry Ruthven and Hugh Moncreiffe, bleeding in his face. And at that same time this witness saw Master Thomas Cranston come down the black turnpike and he took out of his hand his sword and heard the said Alexander Ruthven cry for fire and powder, and saw not Patrick Eviott there.
Alexander† George Forrest, tailor in Perth, of the age of 40 years or thereby, married, testifies the day libelled he saw George Craigengelt and Walter Cruickshank, lackey, standing in the yard with drawn swords.
William Robertson, notary in Perth, of the age of 34 years or thereby, married, testifies the day libelled, this witness being within the close of the place libelled, he saw [John Ruthven], lord Gowrie standing in the close accompanied with seven or eight persons of whom he knew none, the said earl then having a steel bonnet on his head and a drawn sword in each hand, at the which sight this witness, being afraid, passed out of the place and knows no more in the matter.
Robert Galbraith, servant to the king's majesty, of the age of 30 years, testifies according to [Ludovic Stewart], lord duke of Lennox in all things by reason this witness all that day was in company with his majesty, and after that his majesty had cried out at the window, 'Treason!', this witness followed the duke and [John Erskine], earl of Mar up the turnpike and testifies as they have testified.
Robert Brown, servant to the king's majesty, testifies according to that immediately preceding in all points because this witness the time libelled accompanied John Hamilton to fetch the hammers up to the gallery. And this witness passed up the little black turnpike and at his first entry within the chamber he saw [John Ruthven], earl of Gowrie lying dead, there being at that time in company with his majesty Sir Thomas Erskine [of Gogar], Sir Hugh Herries, Sir John Ramsay and George Wilson.
James Bogg, porter to his majesty, sworn and examined, testifies that he saw the king's majesty and Master Alexander Ruthven pass through the hall to the chamber and saw that day George Craigengelt with a drawn sword in his hand, accompanied with certain rascals, and in all other things testifies according to [Ludovic Stewart], lord duke [of Lennox] and [John Erskine], earl of Mar in all things.
John Bogg, servant to the king's majesty in the ale cellar, sworn and examined, testifies according to James Bogg.
Alexander Peebles, burgess of Perth, of the age of 30 years or thereby, married, testifies the day libelled, this witness being within his own house opposite [John Ruthven], earl of Gowrie's lodging, as soon as his mother heard the common bell ring she locked the door and held him in all the time. And saw at that time the Earl of Gowrie enter in at the gate with two drawn swords, one in each hand, and a lackey put a steel bonnet on his head. And a certain space thereafter the witness saw Hugh Moncreiffe come out of the place with a bloody head and Patrick Eviott's man likewise bleeding. And also saw Patrick Eviott come out of the gate but remembers not if he had a sword in his hand, and saw Alexander Ruthven also come forth with a sword drawn in his hand. It is thus written below, Alexander Peebles.
[1600/11/10]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this realm, understanding the obstinate malice of treasonable rebels takes so deep root in the hearts of their perverted posterity that the mercy, favour and clemency of their native princes graciously extended to them cannot expel their natural inclination to treasonable cruelty and ingratitude, but by the contrary furnishes to them convenient occasions of desperate revenges against the prince for the lawful and condign punishment of their treasonable forbearers according to their demerits, as the horrible treason lately attempted against his highness's most noble person by the late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, following the footsteps of William [Ruthven], earl of Gowrie, their father, whose manifold treasons his majesty had pardoned and remitted to them and his remaining posterity and restored them to the integrity of their same and estate manifestly declared; for remedy whereof, and to the effect that the severity of punishment may terrify and divert such malicious and wicked persons as by favourable and clement means cannot be restrained from attempting of so detestable and treasonable enterprises, our said sovereign lord, with advice and consent of the whole estates of this present parliament, statutes and ordains that the apparent heirs and successors of the said late John, earl of Gowrie and the late Master Alexander Ruthven, his brother, and their whole brothers, either lawful or natural procreated of the said late William, earl of Gowrie, and the whole remaining posterity, heirs and successors of the said late John, earl of Gowrie and Master Alexander Ruthven, his brother, are and in all time coming shall be unable and incapable to enjoy, hold or possess any honours, dignities, offices, benefices, lands, heritages, rooms, possessions, goods, gear, successions or other rights or commodities whatsoever within this realm, and that our said sovereign lord and his successors by the right of his crown shall have full and undoubted right to all and whatsoever lands, heritages, offices, benefices, tacks, steadings, rooms, possessions, goods, gear, successions, hope and appearance of succession and other goods, rights or titles whatsoever which either appertained or in any way might have belonged or hereafter may befall or appertain to the said late John, earl of Gowrie and the late Master Alexander Ruthven or to any other of their brothers, their heirs, posterity or successors foresaid through the rebellion and memory of the said persons or inability of their brothers, posterity or others respectively foresaid, to the which persons above-written and every one of them our sovereign lord and his successors foresaid shall now and in all time coming succeed and to all such others of his highness's lieges whom they or any of them, their brothers or posterity might have succeeded to in any time bygone or to come; and that the said brethren of the said late John, earl of Gowrie and Master Alexander Ruthven and their posterity shall in all time coming be banished and expelled out of this realm and whole bounds of his highness's dominions under the pains of death, to be executed without delay upon any of them that shall contravene the same. And to the effect that the exemplary punishment of the foresaid treason and constant observation and execution of the premises may be a terror to all posterity ever to attempt the like, our said sovereign lord and estates foresaid statute and ordain that whatsoever advocate, clerk, writer or other of his highness's subjects of whatsoever estate or degree give counsel, advice, help or assistance to form, write, devise or propose any pardon, remission, rehabilitation or restitution of the posterity of the said rebels and traitors or reduction of the forfeiture of the memory of the said traitors and their posterity or assist them relating thereto directly or indirectly in judgement or outwith or shall presume to make suit, request or supplication to our sovereign lord or his successors in their favour, being tried and lawfully convicted of any of the said points, shall incur the pains of treason in their bodies, lands and goods notwithstanding of whatsoever warrant to be purchased relating thereto of the princes for the time, with consent of parliament or otherwise, which shall be no impediment to the said princes or their successor to cause challenge, accuse, convict and punish the said persons or their posterity for that, as for an unpardonable treason, notwithstanding of the warrants foresaid, in granting whereof the said princes for the time and their successors shall be reputed minors and have perpetual privilege and liberty of revocation thereof and punishing the purchasers and users of the same in manner foresaid.
[1600/11/11]*[print] [email] [cite] [preceding] [following]
Forasmuch as the surname of Ruthven has been so naturally bent these many years bygone to attempt most high and horrible treasons against his majesty and his most noble progenitors that his majesty is thereby brought in vehement suspicion of their whole race and of his natural clemency, being careful that the infamy justly inflicted to the guilty shall not disgrace such of his subjects as are innocent of the said treasons, for extinguishing of the memory of the treasonable committers of the crimes foresaid and removing of the blot that with the surname might follow such of his highness's lieges as have not been participant of the said crimes, his majesty, with advice and consent of the estates of this present parliament, statutes and ordains that the surname of Ruthven shall now and in all time coming be extinguished and abolished for ever, and that such of his highness's subjects bearing the said surname in time past as are free and innocent of the said crimes of treason attempted against his majesty and his predecessors in manner foresaid shall be held and astricted to renounce the said surname of Ruthven, and never to use the same in any time coming, and to take to themselves, their bairns and posterity any other honest and undisgraced surname between now and Whitsunday [31 May] next, whereby they, their bairns and posterity shall be called in all time coming, and to use the same in all contracts, bonds, pacts, infeftments, writs, securities, proclamations of banns, subscribing of letters, speeches, conferences and other occasions whatsoever under the pain of banishment during the king's pleasure to be executed against them and every one of them with all [rigour]† and extremity as often and so often as they or any of them does in the contrary; and ordain the name of the barony and place of Ruthven to be changed and called in all time coming the place and barony of Huntingtower. And to the effect that the foresaid odious fact may abide and remain manifest to the posterity, the said estates ordain the round of the said lodging in Perth within the which his majesty's murder was treasonably attempted to be demolished and razed to the ground and a monument to be erected in the place thereof containing inscription of the danger wherein his majesty was and form of the same conspiracy and manner of his highness's delivery.
[1600/11/12]*[print] [email] [cite] [preceding] [following]
Forasmuch as the whole estates of this realm, acknowledging that singular benefit, grace and favour of God bestowed upon them by his miraculous and extraordinary delivery of their most gracious sovereign from the horrible and detestable murder and parricide attempted against his majesty's most noble person by the late John [Ruthven], earl of Gowrie and the late Master Alexander Ruthven, his brother, upon 5 August last, and that it becomes them with most humble and thankful hearts to give unfeigned and daily praise to their merciful God for the safety of every one of themselves and of the whole body of this commonwealth preserved from wrack and utter confusion by the miraculous and bountiful deliverance of his majesty from the said treason in manner foresaid; therefore our sovereign lord, with advice and consent of the whole estates, statutes and ordains that in all times and ages to come 5 August shall yearly be appointed and kept in all the presbyteries and parishes within this realm and bounds of his whole dominions for public preachings, prayers and solemn thanksgiving to God for his great mercy and favour granted to this realm and every member thereof by his majesty's gracious and miraculous preservation as said is upon the said day, and a perpetual monument of their most humble, hearty and unfeigned thanks to God for the same; and that all work, labour and other occupations which may in any sort distract the people from the said godly exercises and thanksgiving yearly upon the day foresaid shall be forborne and abstained from and that all judges, civil and ecclesiastical, shall cause the same to be universally observed, every one of them within the bounds of their own jurisdiction, and see the contraveners thereof punished according to the quality of their transgression.
[1600/11/13]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is clearly understood by the king's majesty and estates of this realm that the augmentation of the patrimony and revenues of the crown thereof not only serves for the advancing and maintenance of his highness's honour and royal estate but also relieves greatly his subjects of diverse charges and heavy burdens, therefore our said sovereign lord, following the commendable example of his most noble progenitors, with advice and consent of his majesty's estates, unites, annexes and incorporates to his highness's crown, therewith to remain perpetually and inseparably in all time coming, the lands, lordships, baronies, abbacy and others underwritten which may neither be given in freehold, fee or otherwise, to any person of whatsoever estate or degree without advice, decreet and deliverance of the whole parliament; and for great, reasonable, profitable and seen causes concerning the welfare of the realm, first to be advised and maturely considered by the whole estates; and albeit it shall happen our said sovereign lord that now is, or any of his successor kings of Scotland, to transfer or convey the said lands, lordships, baronies, abbacy or others underwritten with their pertinents, presently annexed to the crown as said is, or any part thereof, that the said alienation shall be null and of no value and that it shall be permissible to the king for the time or his successors to receive the said lands, livings, abbacy and others foresaid with the pertinents to their own use whenever it shall please them without any process of law, and the taker shall refund and pay all profits that they have taken up of the said lands and others foresaid to the king for all the time that they have had them, with such other restrictions as are contained in the acts of parliament made by his majesty and his most noble progenitors, kings of Scotland, in their annexations to the crown and whole former acts of annexation, and all and sundry articles, provisions and restrictions therein contained are held as repeated and specially expressed and comprehended in this present act. These are the names of the lands and others with the pertinents presently annexed to the crown: all and whole the lands, earldom, lordship and barony of Gowrie and Scone; all and whole the lands, lordship and barony of Ruthven, Balerno, Newton, Coulgask, Strathbraan, Glenshee and Trochrie; all and whole the lands, lordships, baronies, teinds, commodities and rents which pertained to the abbacy and monastery of Scone with all and sundry the lands, lordships, baronies, mills, multures, thickets, woods, parks, fishings, towns, villages, burghs of regality or barony, tenements, annualrents, revisions, customs, feu ferms, places, houses, buildings, castles, towers, manor places, outsets, yards, orchards, kirks, teinds, advocation, donation and right of patronage of kirks, hospitals, chaplainries and prebendaries, tenants, tenancies and service of free tenants, profits, emoluments, commodities and pertinents whatsoever of the same lordships, baronies, lands, abbacy, benefices, patronages, teinds and others particularly above-mentioned or any part thereof; all and whole the tenement and lodging in Perth which pertained to the late John [Ruthven], earl of Gowrie, with the yards and other pertinents pertaining thereto, with all and sundry other lands, lordships, baronies, benefices, rents and possessions which either pertained to the said late John, sometime earl of Gowrie, or to his predecessors to whom he was heir or apparent heir or to which in any way he might have succeeded or have had right to or was possessed by him by the space of five years before the committing of the crimes of treason, for the which his memory and posterity is forfeited and declared unable and incapable to hold and possess lands, heritages, benefices, offices or other dignities or commodities within this realm, and now pertaining to our said sovereign lord and being in his highness's hands by reason foresaid. Moreover, our said sovereign lord, with advice foresaid, suppresses and abolishes the regalities and heritable offices pertaining to the said late John, earl of Gowrie or his predecessors or which were annexed to any of the lands, lordships and others foresaid and unites and incorporates the same to his highness's royalty, therewith inseparably to remain in all time coming, and ordains his comptroller present and to come to intromit with, uplift and dispose upon the whole rents, profits and commodities of all and sundry the lordships, baronies, lands, teinds, rents, revenues, profits, commodities and others whatsoever above-specified to his highness's proper use and maintenance of his highness's house and other honourable charges belonging to the said office of the term of [...]† and in all time coming. Finally, our said sovereign lord, with advice and consent foresaid, unites all and sundry the lands, lordships, baronies, benefices and others particularly above-mentioned annexed to his highness's crown as said is, to the said lordship of Ruthven, now and in all time coming to be called the lordship and stewartry of Huntingtower, and the tenants, inhabitants and possessors thereof to be answerable to his highness's stewart of the said lordship, united as said is, with such freedoms, privileges and liberties as are in any way competent to any stewartry of his highness's property or to the tenants and indwellers of any of his highness's proper lands within the realm, excepting always and reserving out of this annexation all and whole the third part of the lands and barony of Dirleton, with the tower, fortalice, manor place thereof, Brakeynpark, Highfield, Mensles and Menslesmuire, the town and lands of Dirleton which were apprised by the late Master Adam Otterburn and redeemed by the late Dame Jean Haliburton, with mills, multures, rabbits, rabbit warrens, fishings, as well in salt water as in the fresh, with the advocation and donation of the provostry of Dirleton, with the tenants, tenancies and service of free tenants of all and whole the lands and baronies of Dirleton, with all the pertinents thereof; the third part of the lands and barony of Bolton with mills, multures, tenants, tenancies and service of free tenants of all and whole the said lands and barony of Bolton with the pertinents; the third part of the lands and barony of Hassendean and Haliburton, mills and multures thereof, advocation and donation of the chaplainry of Haliburton, with tenants, tenancies and service of free tenants of all and whole the lands and barony of Haliburton with all the pertinents; all and whole the superiority and tenancies of the half lands and barony of Ballegarno with the pertinents; all and whole the third part of the lands and barony of Abernyte with the mills, multures, mill lands, waulk mills thereof, tenants, tenancies and service of free tenants of the same; all and whole third part of the half lands of Forgandenny with the mills, multures, mill lands, tenants, tenancies and service of free tenants of the said half lands and barony, advocation and donation of the chaplainry of Forgandenny with the pertinents; all and whole the third part of the lands and barony of Seggie with mills, multures, mill lands thereof, tenants, tenancies and service of free tenants of all and whole the lands and barony of Seggie, with all and sundry parts, pendicles and pertinents, annexes and connexes of all and sundry the said lands and others respectively above-written; which lands, baronies and others respectively above-specified are ordained by his majesty and estates to be conveyed heritably to his highness's familiar and domestic servant Sir Thomas Erskine of Gogar, knight, for great, evident and reasonable causes of the realm and are declared in no way to be comprehended under this present annexation nor any clause nor condition thereof. As likewise excepting and reserving out and from the said annexation all and whole the lands and teinds of Cousland with all and sundry their pertinents, which lands and teinds with their whole pertinents are likewise ordained by his majesty and estates to be conveyed heritably to his highness's faithful and trusty servant Sir Hugh Herries, knight, for great, seen, profitable and necessary causes of the realm at length expressed in the said Sir Hugh's infeftment and security of the said lands and teinds granted to him in this present parliament, which are held as specially expressed herein, and also excepting and reserving out of this present annexation the yearly pension of 20 chalders of victual thereof, 10 chalders, 10 bolls of barley, 9 chalders and 6 bolls of meal to be yearly uplifted and taken by the said Sir Hugh Herries, his heirs and assignees out of the best and readiest payment of the whole fruits, rents, mail, ferms, kanes, customs and other duties whatsoever of the lands and lordship of Scone and Gowrie until the infeftment of the lands and barony of Cousland may take full effect by possession in their persons, either by decease of Dame Dorothy Stewart, countess of Gowrie, or by the eviction of the same lands and barony of Cousland from her by the law, and as soon as the said Sir Hugh Herries or his foresaids shall happen to recover or enjoy all and whole the said lands and barony of Cousland and teinds thereof that then the said letter of pension to remain with his highness's crown for ever. As also excepting and reserving out and from this present annexation all and whole the lands of Nether Liff, teinds, feu ferm, arriage, carriage and all other duties and service whatsoever due to be paid out of the same of before to the earls of Gowrie, or to the commendators or convent of Scone or either of them; as also all and whole the town and lands of Durdie Inglis, alias called Nether Durdie, teinds, feu ferms, arriage, carriage and all other duties and service whatsoever due to be paid out of the same of before to the said earls of Gowrie or to the said commendators and convent of Scone or either of them to the effect that his majesty may give and convey the said lands of Nether Liff, teinds, feu ferms, arriage, carriage and all other duties of the same to George Hay of Nether Liff, his heirs and assignees whatsoever heritably or otherwise, and the foresaid town and lands of Durdie Inglis, alias called Nether Durdie, teinds, feu ferms, arriage, carriage and all other duties thereof to Master Peter Hay of Durdie, his heirs and assignees whatsoever heritably or otherwise, in such form and manner as best shall please his majesty. Moreover, his majesty, with advice foresaid, declares and ordains that this present annexation of the lordship and abbacy of Scone to the crown shall in no way be hurtful nor prejudicial to the yearly pension of 10 chalders of victual granted or to be granted by his highness to Master Patrick Galloway forth thereof during all the days of his lifetime according to his gift of pension and special annexation thereof made or to be made to him thereupon, which his highness, with advice and consent foresaid, ratifies and approves in all points and ordains if need be that the same gift be at length inserted in the books of parliament for the said Master Patrick's better security, declaring that the said annexation shall not be effectual but shall be suspended enduring the lifetime of the said Master Patrick in so far as concerns the said teinds conveyed or to be conveyed to him in manner foresaid. Only and also excepting and reserving out of this present annexation of the earldom and living of Gowrie to his highness's crown, all and whole the lands of Craigton with the teinds thereof and the teind sheaves of the lands and town of Goukton, Rybnes, Seggieden, Pitfendy, Nether Kinfauns, Over Kinfauns, The Binn and Tullyhow, with their pertinents, lying within the parish of Kinfauns, the teind fish of the fishings of Craigton, Inchyra, Fleiplace, Stobribnodeip, the Cruik and all other teind fishing pertaining to the abbey of Scone from the wood of Kinnoull to Inchyra to the effect that our sovereign lord may give and convey the same to John Lindsay, alias Charteris, eldest son and apparent heir to Harry Lindsay, alias Charteris, fiar of Kinfauns, his heirs and assignees, to be held of his highness according to the condition and manner of holding as the same was held of before of the earls of Gowrie or abbots of Scone and for the same self duty which the said lands and teinds were in use to pay to the earls of Gowrie or abbots of Scone before the making of this present act.
[1600/11/14]*[print] [email] [cite] [preceding] [following]
The which day Alexander Seton, lord Fyvie, president of the college of justice, protested in name and on behalf of the queen's majesty that the foresaid exception contained in the act of annexation made in favour of Sir Hugh Herries, knight, regarding the teinds of the lands of Cousland, be in no way prejudicial to her majesty nor to any right which she has or may have in and to the same teinds pertaining to the lordship of Dunfermline, and also that the infeftment or right made in this present parliament or to be made hereafter to the said Sir Hugh of the said teinds of Cousland be not prejudicial to her majesty and to her right of the same teinds; the which protestation the whole estates of parliament granted and admitted.
[1600/11/15]*[print] [email] [cite] [preceding] [following]
The which day, in presence of our sovereign lord and estates of parliament, compeared Masters John Sharp and Robert Learmonth, procurators for a right noble and mighty earl, Andrew, earl of Rothes, lord Leslie, and produced an acquittance and discharge made to him and the late Dame Jean Ruthven, his spouse, by the late William [Ruthven], lord Ruthven, as tutor testamentar to the late Henry [Stewart], lord Methven, by the which the said late William, lord Ruthven, as tutor testamentar foresaid, granted him to have received from the said noble earl and his said spouse the heirship goods pertaining to the said late Henry, lord Methven, which are particularly specified in the foresaid discharge, and further granted him as tutor testamentar foresaid to have received full and complete payment and deliverance from the said noble earl of all other goods and gear intromitted with by him and his said late spouse which in any way pertained to the said late Lord Methven, and exonerated and discharged them thereof and also bound and obliged him, his heirs and successors to warrant and keep them undamaged of the same at all hands, as in the said acquittance and discharge bearing the foresaid obligation of warrandice of the date at Methven, 18 January 1574 [1575], which the said procurators procured in judgement, at more length is contained, and protested that the process and doom of forfeiture led and given against John [Ruthven], sometime earl of Gowrie, heir by progress and successor to the said late William, lord Ruthven should in no way hurt the said Andrew, earl of Rothes, his heirs and successors regarding the said acquittance and discharge but that he, his heirs and successors might be relieved of the said heirship goods and other goods contained therein at the hands of the heirs and successors of the said late Henry, lord Methven by reason of the deliverance of the same made by the said Andrew, earl of Rothes to the said late William, lord Ruthven, tutor testamentar foresaid, who at that time justly might have received the same being tutor testamentar as said is; which protestation our said sovereign lord and his said estates in parliament have admitted and admit according to the law.
[1600/11/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of his highness's realm convened in this present parliament, calling to remembrance the long, true and thankful service done to his majesty by the late Alexander Erskine of Gogar, master of Mar, in the education and preservation of his majesty's most noble person from his infancy and tender age, with his earnest care, foresight and diligence to prevent all perils and dangers which might in any way appear to touch his majesty's person, honour or estate during the keeping and custody of his highness's person committed to his charge, and also his continual perseverance in his sincere affection towards his majesty's service during all the days of his lifetime; and therewithal considering the most loyal and faithful service continued by his familiar and domestic servant, Sir Thomas Erskine of Gogar, knight, gentleman of his highness's chamber and captain of his highness's guard and eldest lawful son to the said late Master of Mar, towards his majesty at all times, both before his said late father's decease and continually since, and specially the worthiness of the late notable service done to his majesty by the said Sir Thomas upon 5 August last at Perth within the great lodging of the late John [Ruthven], sometime earl of Gowrie, in the resisting of the unnatural, ungodly and abominable treason and conspiracy attempted by the said late earl and the late Master Alexander Ruthven, his brother, against his majesty's most noble person, he being for the time secretly and treasonably convoyed by the said late Master Alexander Ruthven to a turret of the said lodging, of set purpose and intention there to have murdered and bereft his majesty of his life; and being then destitute of all his servants and standing courageously in the meantime upon the defence of his own life, the said Sir Thomas came to his majesty's rescue and relief and exposed his own life to most evident peril and danger of death to the great effusion of his blood, shed by the said traitors and their accomplices in the defence of his majesty's person and by the providence of God assisted his highness most valiantly and courageously in the preserving of his highness's person out of their bloody hands. And seeing it has pleased God to honour the said Sir Thomas with this dignity by his prowess, manhood and virtue to be one of the chief instruments of the preservation and delivery of his majesty's most royal person, to his great praise and perpetual commendation, and that thereby his majesty's nobles and whole estates of his highness's realm have reported so rare and singular a benefit of the safety and continuance of their natural prince and sovereign to reign over them in justice and equity to the great glory of God, tranquillity of this realm and universal comfort and solace of the whole people, which being great, evident and reasonable causes of the realm and being duly and sufficiently verified and proven before the lords of the articles and whole estates of this present parliament, therefore his majesty, moved of his princely honour and conscience to be mindful of the said most worthy and acceptable service and to gratify the said Sir Thomas with some honourable reward thereof to encourage him to persevere in his sincere affection towards his majesty's service and to steer and provoke all other good subjects by his good and laudable example to be followers of his virtue and courage in their dutiful obedience and service to his majesty's and his successors' careful preservation and defence of their lives and honours according to their bound duty, with consent and authority of this present parliament, ordains an infeftment to be made under his great seal in due form giving, granting and conveying to the said Sir Thomas, his heirs and assignees heritably all and whole the third part of the lands and barony of Dirleton, with the castle, tower, fortalice, manor place, houses, buildings, yards, orchards, dovecots, woods, parks thereof, Braikin Park, Highfield, Mensles and Mensles Mure, with the lands of the town of Dirleton which were comprised by the late Master Adam Otterburn and were lawfully redeemed by the late Dame Jean Haliburton, with mills, mill lands, multures, links, rabbits, rabbit warrens, fishings in salt water and fresh, together with the advocation and donation of the provostry of Dirleton, with tenants, tenancies, service of free tenants of all and whole the lands, lordship and barony of Dirleton with all other parts, pendicles, annexes, connexes and pertinents thereof, lying within the sheriffdom of Edinburgh and constabulary of Haddington; all and whole the third part of the lands of Bolton, with mill, multures, tenants, tenancies, service of free tenants thereof and all their pertinents, lying within the constabulary and sheriffdom foresaid; all and whole the third part of the lands of Hassendean and Haliburton, with mills, mill lands thereof, advocation and donation of the chaplainry of Haliburton, with tenants, tenancies, service of free tenants of all and sundry the lands foresaid with their pertinents, lying within the sheriffdom of Berwick; all and whole the superiority and tenancy of the half lands and barony of Ballegarno with the pertinents, with tenants, tenancies and service of free tenants of the said half lands and barony; all and whole the third part of all and whole the lands and barony of Abernyte, with the mills, multures, mill lands, waulk mills thereof, tenants, tenancies and service of free tenants of the same; all and whole the third part of the lands and barony of Forgandenny, with the mills, multures, mill lands, tenants, tenancies and service of free tenants of the said half lands and barony, advocation and donation of the chaplainry of Forgandenny, all lying within the sheriffdom of Perth; all and whole the third part of the lands and barony of Seggie, with the mills, multures, mill lands thereof, tenants, tenancies and service of free tenants of the same lands and barony with all and sundry parts, pendicles, annexes, connexes, outsets and pertinents thereof, lying within the sheriffdom of Kinross; which lands, baronies and others respectively above-specified with their pertinents pertained to the said late John, sometime earl of Gowrie, heritably, at the least the said late John had right to succeed thereto as apparent heir to the late James [Ruthven], earl of Gowrie, his brother, or the late William [Ruthven], earl of Gowrie, his father, who was heritably infeft and seised in the same. And now the said lands, baronies and others respectively foresaid pertain to our said sovereign lord, fallen and become in his highness's hands and at his highness's gift and disposition of escheat through the process and doom of forfeiture orderly led and deduced against the said late John, sometime earl of Gowrie, and the said late Master Alexander Ruthven, his brother, for certain crimes of treason and lese-majesty committed by them of the which they were convicted in this present parliament, as the said process and sense of forfeiture pronounced against them at more length bears, or by virtue of whatsoever other right, cause or occasion that the same lands, baronies and others particularly above-mentioned may fall and become in his highness's hands. And for the said Sir Thomas and his foresaids better security, giving and conveying to them the escheat of all and whatsoever reversions, bonds, contracts, obligations or promises for making of reversions made and granted by whatsoever person or persons to the said late John, sometime earl of Gowrie, or any of his predecessors for redemption of the said lands, baronies and others respectively foresaid, with their pertinents or any part thereof, with all other rights, titles, contracts, bonds and obligations made and conceived in favour of the said late John, sometime earl of Gowrie, or any other of his predecessors or in favour of the said late Master Alexander Ruthven, his brother, whereby the property and possession of the said lands, baronies and others respectively above-specified, with their pertinents or any part thereof, might have returned and pertained to them or either of them or whereby they or either of them might have claimed or recovered any right, title, property or possession of the same lands, baronies and others foresaid or any part thereof now pertaining likewise to our said sovereign lord and at his highness's gift and disposition by reason of escheat through the process and doom of forfeiture foresaid orderly led and deduced against the said late John, sometime earl of Gowrie, and the said late Master Alexander, his brother, as said is, with full power to the said Sir Thomas and his foresaids to call and pursue the possessors of the said reversions, contracts, bonds, obligations, rights and securities for the delivery of the same to them and to use all necessary execution thereupon for fulfilling of the same to them and to redeem and outquit the lands and others above-specified by virtue of the said revisions according to the tenor of the same and to do, use and exercise all other things necessary for recovering and obtaining of the right and possession of the said lands, baronies and others respectively foresaid and every part thereof also and as freely in all respects as the said sometime earl or any of his predecessors or the said late Master Alexander or any of them might have done themselves by virtue of the same reversions, rights and evidents; and also renouncing and transferring for his highness and his successors all right, title, interest, claim of right, both property and possession, which his highness or his successors may claim, have or pretend in and to the said lands, baronies and others respectively above-specified or any part of the same by reason of ward, relief, non-entries, recognitions, forfeiture, bastardry, purpresture, disclamation or for whatsoever other cause or occasion present, bygone or to come to the said Sir Thomas, his heirs and assignees heritably for now and ever with a supplement of all the defaults and with an agreement not to appeal; and for the said Sir Thomas's better security of all and whole the said lands, lordship and barony of Dirleton and others foresaid principally conveyed to him as said is and in special clause of warrandice thereof, giving, granting and conveying to the said Sir Thomas, his heirs and assignees all and whole the lands, baronies, mills, mill lands and others after-specified of the lordship of Stirlingshire, with the whole mails, ferms, profits, commodities, customs, grassums and other casualties and duties whatsoever pertaining to his majesty as a part of his property, namely: all and sundry the lands and baronies of Tillicoultry, with the towers, fortalices, manor places, houses, buildings, yards, orchards, mills, multures, fishings, mails, feu ferms, kanes, customs, tenants, tenancies and service of free tenants thereof and their pertinents, lying within the sheriffdom of Clackmannan; and all and sundry the lands of Cornton; all and sundry the lands of Bothkennar, the lands of Manner, the lands of Powhouse, the lands of Logie, the lands of Blairlogie, the lands of Skeoch, alias Blairgib, the mill of Skeoch, the lands of Greenyards, the lands of Walkershill and Walkmyln respectively, with towers, fortalices, manor places, houses, buildings, yards, orchards, mills, multures, fishings, mails, feu ferms, kanes, customs, casualties, grassums, rents and duties thereof, tenants, tenancies and service of free tenants of the same and all their pertinents lying within the said lordship of Stirling and sheriffdom thereof and that in special warrandice of the lands, baronies and others respectively above-specified principally conveyed as said is, so that if it shall happen the said Sir Thomas or his foresaids to be deprived, molested or troubled in the peaceable possessing and enjoying thereof or in the intromitting and uplifting of the mails, ferms, profits and duties of the same or any part thereof or the same to be evicted from them, in that case it shall be permissible to the said Sir Thomas and his foresaids to have full and free regress and ingress in and to the property and possession of the said lands and lordship of Stirlingshire, whole mails, ferms, kanes, customs, profits, casualties and other duties whatsoever belonging thereto. And to the effect that the said infeftment of warrandice of the said lands and lordship of Stirlingshire may be good, valid and effectual in the self to the said Sir Thomas, his heirs and assignees in all time coming, his majesty, of his own proper motive and certain knowledge, with consent and authority of this present parliament, in respect of the said great, evident and reasonable causes moving his majesty to the granting hereof, allowed and approved by his highness's estates as said is, has dissolved and by this act dissolves all and whole the said lands and lordship of Stirlingshire from all annexations thereof to the crown made by his highness or any of his predecessors to the effect the same may be conveyed in free blench ferm in manner above-written to the said Sir Thomas, his heirs and assignees in special security and warrandice of the said lands and barony of Dirleton and others foresaid principally conveyed to him as said is; and also the same infeftment shall contain an union of all and whole the said lands and barony of Dirleton and others respectively above-specified conveyed principally as said is and erection thereof in a free barony, to be called in all time coming the barony of Dirleton, and that a sasine to be taken at the place and castle of Dirleton shall be sufficient to the said Sir Thomas, his heirs and assignees for all the particular lands above-mentioned together with an union of all and sundry the said lands and baronies of the lordship of Stirlingshire conveyed to him in clause of warrandice as said is and erection thereof in a free barony, to be called the barony of [...], and that a sasine to be taken upon the ground of the lands of [...] shall be a sufficient sasine to the said Sir Thomas, his heirs and assignees for all and sundry the said particular lands of the said lordship of Stirlingshire, notwithstanding that the same lands lies apart from all the said lands and others respectively foresaid principal and warrandice to be held of our said sovereign lord and his successors in free heritage, free blench ferm and free barony forever with all privileges and liberties pertaining to free baronies in most ample form, for yearly payment for that to our sovereign lord and his successors of a silver penny at the feast of Whitsunday [May/June] in name of blench ferm if it be asked only. And that the said infeftment be completed in due form with extension of all clauses needful, ordaining his highness's great seal and the seals of the lords of his parliament to be appended thereto, which infeftment, with the sasine to follow thereupon, his majesty, with advice and consent foresaid, now as if the same were made and granted and then as now, ratifies and approves in all heads, clauses, articles, provisions and conditions thereof and finds and declares that the changing of the old holding of the said lands and barony of Dirleton and others respectively above-mentioned principally conveyed as said is from ward to blench, together with the disposition of the said lands and baronies of the lordship of Stirlingshire in warrandice thereof to be held in like manner by him in free blench ferm as said is, is well and lawfully done by his majesty with the mature deliberation and advice of the estates of parliament for the great, evident and reasonable cause to the realm, and that the same is and shall be in all time coming good, valid and effectual rights to the said Sir Thomas, his heirs and assignees for possessing and enjoying of the said lands and baronies both principal and warrandice in free blench, notwithstanding that the said lands and barony of Dirleton and others respectively above-specified principally conveyed as said is were held by service of ward and relief of before, and notwithstanding that the said land and lordship of Stirlingshire was his highness's annexed property, and notwithstanding of whatsoever acts of annexation thereof to the crown made by his highness or his predecessors, any clause or condition thereof, or of whatsoever others acts, laws or constitutions made or to be made in the contrary, forbidding the changing of ward held in blench and all kind of disposition of the king's property otherwise than in feu ferm and with augmentation of the rental or disposition in feu of the feu ferms; with the which acts and every one of them, and all others which may in any way prejudice or derogate the said infeftment holding therein contained, both of the principal and warrandice, or any other clauses, liberties, privileges, provisions and conditions specified therein, his majesty and estates foresaid expressly dispense and makes full derogation to the same in so far as they may be extended in any way to the said lands and baronies, both principal and warrandice, to the effect the said Sir Thomas, his heirs and assignees may peaceably hold, enjoy and possess all and whole the said lands, baronies and others respectively above-mentioned after the form and tenor of his said infeftment to be made to him thereupon without any revocation, contradiction or recalling whatsoever.
[1600/11/17]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is understood by his majesty and estates of this present parliament that Dame Dorothy Stewart, widow of the late William [Ruthven], earl of Gowrie, is in present possession of all and whole the third part of the lands, lordship and barony of Dirleton and pretends her to have right of the liferent of the same, through which the infeftment made by his majesty, with consent of the said estates, to his familiar and domestic servant Sir Thomas Erskine of Gogar, knight, his heirs and assignees of the said lands and barony of Dirleton cannot presently take effect by possession in his person until the quality of her right be tried by the law; therefore his majesty, respecting the late worthy and notable service done by the said Sir Thomas in defence and preservation of his majesty's life against the abominable treason conspired and attempted by the late John [Ruthven], sometime earl of Gowrie and the late Master Alexander Ruthven, his brother, against his majesty's most noble person and life upon 5 August last within his own great lodging of the town of Perth, and willing to gratify the said Sir Thomas, his heirs and assignees with the yearly pension underwritten out of his own property until his said infeftment of the said lands and barony of Dirleton may take full effect by possession in their persons, either by the decease of the said Dame Dorothy Stewart or by the eviction of the same lands and barony of Dirleton from her by the law, with advice and consent of this present parliament, gives, grants and conveys to the said Sir Thomas and his heirs a yearly pension of 12 chalders of victual to be yearly uplifted and taken by the said Sir Thomas and his foresaids out of the best and readiest payment of the whole fruits, rents, mails, ferms, kanes, customs and other duties whatsoever of the lands and lordship of Stirlingshire, his first entry thereto to be and begin in this instant crop and year of God 1600 and so forth yearly during the space foresaid; and for the more sure payment thereof his majesty, with consent foresaid, assigns and conveys to the said Sir Thomas and his heirs the ferms, kanes, customs and other duties of the lands particularly after-specified, namely: the lands of Blairlogie, paying yearly a chalder of wheat, a chalder of malt; the lands of Inverallan, with the mill, paying yearly a chalder of wheat, a chalder of barley; the lands of Logie, paying yearly 2 chalders of malt; the lands of Powhouse, alias Maner, paying yearly a chalder of wheat, a chalder of malt; the lands of Skeoch, alias Blairgib, paying yearly 14 bolls of barley; the lands of Greenyards, paying yearly 10 bolls of malt; the mill of Skeoch, 3 bolls of malt, Walkmyln and Walkershill, a boll of malt; and, out of the lands of Cornton, 2 chalders, 4 bolls of barley, and ordains the said Sir Thomas and his foresaids to be thankfully answered and obeyed of all and whole the ferms, mails and duties of the lands particularly above-specified of this present crop and year of God 1600 instant and also yearly in time coming during the space foresaid. And seeing the said pension is granted for great, evident and reasonable causes of the realm, therefore his majesty and estates foresaid decree and declare that the annexation of the said lands to the crown shall be no cause of nullity nor reduction of the said pension, nor that the same in any way falls nor shall fall under his majesty's revocations, general or special, nor shall in any way be comprehended under the same nor any other laws nor acts of parliament made or to be made in the contrary, annulling all pensions out of his highness's property, with the which acts of parliament, both general and special, which may be prejudicial in any way to this present gift and pension, his highness, with advice and consent foresaid, expressly dispenses and makes express derogation thereto by the authority of this present act in such sort that the said Sir Thomas and his heirs shall possess and enjoy peaceably the said pension of 12 chalders of victual during the space foresaid without any trouble or impediment to be made to them therein, discharging his highness's comptroller present and to come of all troubling, pursuing, charging, poinding or molesting of the said Sir Thomas and his heirs in the peaceable holding, enjoying and possession of the said pension or of the feuars, farmers, tenants, tacksmen and other possessors of the lands foresaid due in payment thereof during the space above-written, and also commanding the lords auditors of his highness's exchequer to allow the said yearly pension to the said Sir Thomas and his foresaids and also charging the lords of his highness's session to grant and direct letters of horning at the said Sir Thomas's instance against the said feuars, farmers, tenants, tacksmen and possessors of the said lands to answer, obey and make thankful payment to the said Sir Thomas and his foresaids of all and sundry the mails, ferms, kanes, profits and duties of the said lands of the said crop and year of God 1600 and also yearly in time coming during the space foresaid upon a simple charge of 10 days only. Moreover, our said sovereign lord, with advice foresaid, declares that the act of dissolution shall be extended to this present pension during this space thereof foresaid providing always that as soon as it shall happen the said Sir Thomas or his heirs to recover and enjoy the peaceable possession of all and whole the said lands and barony of Dirleton and others specified in his infeftment by the decease of the said Dame Dorothy Stewart, or otherwise by the order of law, that then and in that case this present letter of pension shall cease and expire in the self; and also providing that this present gift and pension shall in no way be prejudicial to the said Sir Thomas's infeftment of the said lands and barony of Dirleton and others specified therein principally conveyed to him and of the whole lands and lordship of Stirlingshire conveyed to him in clause of warrandice thereof. And for the said Sir Thomas's better security of the premises, his majesty, with advice foresaid, ordains if need be a letter of pension to be made by his highness and his comptroller under the privy seal in due form giving, granting and conveying to the said Sir Thomas and his foresaids all and whole the said yearly pension of 12 chalders of victual, containing the special assignation thereof above-mentioned with all the rest of the provisions and conditions above-specified and that the said letter of pension be extended in the best form with all clauses needful.
[1600/11/18]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is understood by his majesty and estates of this present parliament that Dame Dorothy Stewart, widow of the late William [Ruthven], earl of Gowrie, is in present possession of all and whole the town, lands and barony of Cousland, with the pertinents, lying within the sheriffdom of Edinburgh, through which the heritable infeftment made thereof by his majesty, with consent of the said estates, to his familiar and domestic servant Sir Hugh Herries, gentleman of his highness's chamber, cannot presently take effect in his person until the quality of her right be tried by the law; therefore, his majesty, respecting the late worthy and notable service done by the said Sir Hugh in defence and preservation of his majesty's life against the abominable treason conspired and attempted by the late John [Ruthven], sometime earl of Gowrie, and the late Master Alexander Ruthven, his brother, against his majesty's most noble person and life upon 5 August last within the said sometime earl's own great lodging in the town of Perth, and willing to gratify the said Sir Hugh, his heirs and assignees with the yearly pension underwritten out of his highness property until the said infeftment of the said lands and barony of Cousland may take full effect by possession in their persons, either by decease of the said Dame Dorothy Stewart or by the eviction of the same lands and barony of Cousland from her by the law, with advice and consent of this present parliament, gives, grants and conveys to the said Sir Hugh, his heirs and assignees a yearly pension of 20 chalders of victual thereof, 10 chalders, 10 bolls of barley and 9 chalders, 6 bolls of meal to be yearly uplifted and taken by the said Sir Hugh and his foresaids out of the best and readiest payment of the whole fruits, rents, mails, ferms, kanes, customs and other duties whatsoever of the lands and lordship of Scone and Gowrie, his first entry thereto to be and begin in this instant crop and year of God 1600 and so forth yearly during the space foresaid. And for the more sure payment thereof his majesty, with consent foresaid, specially assigns and conveys to the said Sir Hugh, his heirs and assignees the ferms and duties of the particular lands after-specified, namely: 13 bolls, 2 firlots of barley, 20 bolls of meal out of the lands of Blair pertaining to George Drummond of Blair; 4 bolls of meal, 4 bolls, 2 firlots of barley out of the said lands of Blair possessed by [...], widow of the late David Nairn in Blair; 6 bolls of barley, 14 bolls of meal out of the lands of Little Blair pertaining to Andrew Herring of Little Blair; 33 bolls of barley out of the lands of Clevin pertaining to William Ogilvie of Clevin; 6 bolls of barley, 10 bolls of meal out of the lands of Friarton pertaining to Andrew and Alexander Blair of Friarton; 5 bolls of barley out of the lands of Polkmyln possessed by William Brown there; 4 bolls of barley out of the lands of Bonhard pertaining to Adam Hepburn of Bonhard; 8 bolls, 1 firlot of barley, 10 bolls, 2 firlots of meal out of the lands of Balformok pertaining to Robert Graham of Balformok; 8 bolls of barley, 10 bolls of meal out of the lands of Arnbathie pertaining to Patrick Lindsay of Arnbathie; 2 bolls of barley, 4 bolls of meal out of the lands of Spoutwallis† pertaining to John Rattray of Spoutwallis; 17 bolls of meal out of the lands of Ewelyk pertaining to John Lindsay of Ewelyk; 2 bolls, 2 firlots of barley, 6 bolls, 2 firlots of meal out of the lands of Boghall possessed by John Lindsay; 4 bolls of barley, 10 bolls of meal out of the lands of Gairdrum possessed by John Chalmers there; 26 bolls, 1 firlot, 1 peck of barley, 8 bolls of meal out of the lands of Clein possessed by Andrew Simm there; 14 bolls of barley and 8 bolls meal out of the said lands of Clein possessed by John Ogilvie there; 2 bolls of barley, 10 bolls of meal out of the lands of Nether Collave possessed by James Kinross and [...], widow of the late John Wallace there; 36 bolls of barley out of the said lands of Nether Collave possessed by Laurence Drummond there; 13 bolls of barley out of the lands of Clein possessed by John Little there [...] [...],† extending in the whole to the said 20 chalders of victual above-specified. And in special warrandice of the said pension giving and conveying to the said Sir Hugh, his heirs and assignees foresaid all and sundry the feu ferms and duties of the lands respectively after-specified, being a part of his highness's property, that is to say the feu ferms of the lands and barony of Largo, extending yearly to 5 chalders of oats, 3 chalders, 8 bolls of barley and a chalder, 10 bolls of wheat; the feu ferms of the lands of Ardeth, extending yearly to 4 chalders, 4 bolls of barley and 3 chalders, 4 bolls of wheat; and the feu ferms of the lands of Rathillet, with their pertinents, extending yearly to 2 chalders, 4 bolls of barley and 10 bolls of wheat; and that in special warrandice and security of the principal pension foresaid so that if it shall happen the said Sir Hugh or his foresaids to be troubled, deprived or molested in the peaceable possessing and enjoying thereof or the same to be evicted from them by restitution of the said sometime earl, reduction of his forfeiture or by whatsoever other manner of way, that then and in that case the said Sir Hugh and his foresaids shall have as often full and free regress, ingress and access in and to all and sundry the said feu ferms of the said lands of Largo, Ardeth and Rathillet, with their pertinents, given in warrandice foresaid, to be possessed and enjoyed by them until they may peaceably and freely possess the said principal pension, without troubling as said is, and ordains the said Sir Hugh and his foresaids to be thankfully answered and obeyed of the said pension of this present crop and year of God 1600 instant and also yearly in time coming during the space foresaid. And seeing the said pension is granted for great, evident and reasonable causes of the realm, therefore his majesty and estates foresaid decree and declare that the annexation of the said lands to the crown shall be no cause of annulling or reduction of the said pension nor that the same in any way falls nor shall fall under his majesty's revocations, special nor general, nor shall in any way be comprehended under the same nor any other laws or acts of parliament made or to be made relating thereto in time coming, annulling all pensions out of his highness's property or annexed lands, with the which acts of parliament, both general and special, which may be prejudicial in any way to this present gift and pension, his highness, with advice and consent foresaid, expressly dispenses and makes express derogation thereto by the authority of this present act in such sort that the said Sir Hugh, his heirs and assignees shall possess and enjoy peaceably the said pension of 20 chalders of victual during the space foresaid without any trouble or impediment to be made to them, therein discharging [Sir David Murray of Gospertie], his highness's comptroller, and [Master John Preston of Penicuik], his collector, and all their officers present and to come of all troubling, pursuing, charging, poinding or molesting of the said Sir Hugh, his heirs and assignees in the peaceable holding, enjoying and possessing of the said pension or of the feuars, farmers, tenants, tacksmen and other possessors of the said lands due in payment thereof during the space above-mentioned; and also commanding the lords auditors of his highness's exchequer to allow the said yearly pension to the said Sir Hugh and his foresaids and also charging the lords of his highness's session to grant and direct letters of horning and poinding at the said Sir Hugh's instance charging the said feuars, tenants, farmers, tacksmen and possessors of the said lands to answer, obey and make thankful payment to the said Sir Hugh and his foresaids of all and sundry the said ferms and duties of the said lands of the said crop and year of God 1600 and also yearly in time coming during the space foresaid upon a simple charge of 10 days only. Moreover, our sovereign lord, with advice foresaid, finds and declares that the act of dissolution shall be extended to this present pension during the space thereof foresaid, providing always that as soon as it shall happen the said Sir Hugh, his heirs and assignees to recover and enjoy the peaceable possession of all and whole the said lands and barony of Cousland and teinds thereof and others specified in his infeftment by the decease of the said Dame Dorothy Stewart or otherwise by the order of law, that then and in that case this present letter of pension shall cease and expire in the self; and likewise providing that this present gift and pension shall in no way be prejudicial to the said Sir Hugh's infeftment of the said lands and barony of Cousland and others specified therein, as well principal as warrandice, and for the said Sir Hugh's better security of the premises, his majesty, with advice foresaid, ordains if need be a letter of pension to be made by his highness and his comptroller and his collector and all other officers whom it pertains under the privy seal in due form, giving, granting and conveying to the said Sir Hugh and his foresaids all and whole the said yearly pension of 20 chalders of victual, containing the special assignation thereof above-written with all the rest of the provisions and conditions above-specified and that the said letter be extended in the best form with all clauses needful.
[1600/11/19]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, calling to remembrance the most excellent and singular service done to his majesty and to this whole realm upon 5 August last by Sir John Ramsay of East Barns, knight, at Perth, within the lodging of the late John [Ruthven], sometime earl of Gowrie, in assisting, defending and revenging of his majesty against the said sometime earl and the late Master Alexander Ruthven, his brother, who, having most definitely and falsely upon pretence of great service to be done by the said Master Alexander to his majesty, lured his highness to come from Falkland to the said burgh of Perth to the said sometime earl's lodging; and there the said late Master Alexander having most secretly and treasonably convoyed his highness to the turret of the said lodging upon set purpose to have cruelly and vilely murdered his majesty by assistance of an armed man enclosed therein by the said sometime earl and Master Alexander, and prepared with armour and weapons necessary for that wicked purpose, and the said late Master Alexander, with most vile language and horrible cruelty, having then treasonably put violent hands in his grace's most sacred person, offering himself to the utmost of his rage and malice to have bereft his majesty of his life and only prevented by that courageous resistance which his majesty, destitute of all manner of armour, weapons or other help, could possibly make, at last, by the merciful providence and saviour of God, his highness, coming to the window of the said turret by force and despite of the said late Master Alexander, and by his cry making warning to his grace's faithful servants and subjects, being of accident upon the street opposite the said window, of the foresaid most horrible enterprise and treasonable violence used against his most royal person and life, the said Sir John Ramsay, albeit at that time further removed from the place of his highness's danger than the most part of his highness's remaining faithful servants yet led by the spirit of God and vehement affection to spend his life in safety of his most gracious prince and master, came with so wonderful diligence to his majesty's relief that entering before all others within the said chamber where his highness was so treasonably and cruelly assailed and pursued and finding his majesty without armour or weapons in that exceptional distress and strife against that desperate traitor provided for that purpose, the said Sir John made such help to his majesty that after certain wounds given with his dagger to the said Master Alexander expelled him out of the said chamber, foreseeing the danger that might ensue by the said late earl's prosecuting of the said treasonable enterprise. For better resistance thereof, the said Sir John called Sir Thomas Erskine of Gogar and Sir Hugh Herries to his highness's defence, who scarcely could with such diligence come to the said Sir John as the foresaid sometime earl, accompanied with a great number of desperate traitors speedily following and fiercely invading them in the said chamber for slaughter of his majesty, and his said faithful servants ready to die in his defence, and having by the advantage of armour and number of his accomplices reduced them to very great extremity, at length the said Sir John Ramsay, with marvellous valour and divine success, assailed so courageously the said traitors that having struck the said earl through the heart and wounded sundry of his treasonable accomplices expelled them with assistance of the said Sir Thomas and Sir Hugh out of the said chamber, whereby their whole devilish enterprises were disappointed by the great providence of God and courageous resistance of the king's majesty, with the faithful concurrence of the said Sir John and remainder of his grace's faithful servants his highness was miraculously preserved and the whole estates, body and members of this commonwealth thereby delivered from extreme danger of confusion, wrack and utter subversion. Which being manifest and known to this whole realm and clearly and evidently verified, tried and proven to the whole estates convened in this present parliament and found by them the most singular and happy service that could fall in a subject's hand to do to his prince and to have tended to the highest blessing and well that could have been wished of God to this realm, our said sovereign lord and estates foresaid, willing to gratify and reward the said Sir John Ramsay and his heirs, find, decree and declare that the said service done by him in manner above-mentioned is great, weighty and acceptable service to his majesty and to this whole realm, and that the lands after-specified, conveyed to the said Sir John for the same, are conveyed for great, evident and reasonable causes of the realm. For the which causes, albeit his highness's annexed property may not be conveyed by his majesty, his predecessors or successors, yet, in the first act of annexation of lands to the crown made by King James II of most noble and worthy memory, it is excepted, considered and provided that the annexed lands to the crown may be conveyed by the kings of Scotland by advice, deliverance and decreet of the whole parliament for great, evident and weighty causes of the realm; and so the singular service above-mentioned being found and declared by his majesty and whole estates of this parliament to be a great, evident and reasonable cause of the realm for the which his majesty may convey the lands underwritten, therefore our sovereign lord, with advice of the whole estates of this present parliament, ordains a charter to be made under the great seal in due form in favour of the said Sir John Ramsay, his heirs and assignees containing the narrative above-specified and making mention that it is found and declared by act of this present parliament that the said Sir John Ramsay's service above-mentioned is found, decreed and declared a great, evident and reasonable cause, tending to the well of his majesty and of this whole realm, for granting and conveying to the said Sir John and that the† foresaid estates may convey to the said Sir John the lands underwritten, giving, granting and conveying to the said Sir John Ramsay, his heirs and assignees heritably the lands of East Barns, occupied presently by John Bryson there, paying yearly 52 bolls and 2 pecks, half wheat, half barley; John Gullane there, paying yearly 52 bolls and 2 pecks, half wheat and half barley; William Maslett there, paying yearly 52 bolls, 2 pecks; George Smith there, paying yearly 26 bolls, 1 peck; John Purves there, paying yearly 26 bolls, 1 peck of wheat and barley; [...] Purves there, paying 26 bolls, 1 peck of wheat and barley; George Maslett there, paying yearly 26 bolls, 1 peck; and William Wolf there, paying yearly 26 bolls, 1 peck of wheat and barley; the lands of Newtonlees, occupied by Master John Acheson, paying yearly 72 bolls, 3 pecks of wheat and barley; the lands of Rig and Fluiris, occupied by William Kelly, treasurer of Dunbar, paying yearly 33 bolls, 1 [...],† William Nisbet, portioner of Newton, paying yearly 20 [...]† extending to 26 chalders of victual of the[...]† tenants, tenancies, service of free tenants parti[...],† lying in the parish and lordship of Dunbar wi[...]†[...]dom of Edinburgh, to be held of our sovereign lord and his grace's successors in free blench for payment of a red rose yearly upon 5 August in name of blench ferm, if it be asked only, with power to reduce all and whatsoever infeftments, rights and title made to whatsoever persons of the foresaid lands or any part thereof for any cause, ground or occasion competent of the law, and to set the same in feu ferm or otherwise convey thereupon at his pleasure in all time coming. And to the effect the foresaid infeftment of the lands above-written may be effectual and stand perpetually valid to the said Sir John Ramsay, his heirs and assignees, our sovereign lord, with advice of the said estates, dissolves the said lands particularly above-rehearsed, union and annexation thereof from the patrimony of the crown in all time coming as if the same had never been annexed to the effect above-mentioned; and likewise his majesty, with advice of the said estates, for the good, true and thankful service foresaid, by the tenor hereof, grants and conveys to the said Sir John Ramsay the whole ferms and duties of all and sundry the towns and lands particularly above-rehearsed of the crop and year of God 1600 years instant, with power to him to uplift, receive and intromit with the same from the tenants, occupiers and possessors thereof to his own behalf and utility and upon his receipt to grant acquittances, which shall be sufficient to the receivers as if his majesty and his comptroller had received the same and gave discharges thereupon.
[1600/11/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of his highness's realm convened in this present parliament, calling to remembrance the good, true and thankful service done to his majesty this long time bygone by his familiar and domestic servant Sir Hugh Herries, gentleman of his majesty's chamber, not only within this realm but also in foreign countries where he has been employed by his highness, meriting good remembrance, and specially considering the worthiness of the late notable service done to his majesty by the said Sir Hugh upon 5 August last at Perth within the great lodging of the late John [Ruthven], sometime earl of Gowrie, in the resisting of the unnatural, ungodly and abominable treason and conspiracy attempted by the said late earl and the late Master Alexander Ruthven, his brother, against his majesty's most noble person, he being for the time secretly and treasonably convoyed by the said late Master Alexander Ruthven to the turret of the said lodging of set purpose and intention there to have murdered and bereft his majesty of his life; and being then destitute of all his servants and standing courageously in the meantime upon the defence of his own life, the said Sir Hugh came to his majesty's rescue and relief and exposed his own life to the most evident peril and danger of death, to the great effusion of his blood, shed by the said traitors and their accomplices, in the defence of his majesty's person and by the providence of God assisted his highness most valiantly and courageously in the preserving of his highness's person out of their bloody hands. And seeing it has pleased God to honour the said Sir Hugh with this dignity by his prowess, manhood and virtue to be one of the chief instruments of the preservation and delivery of his majesty's most royal person, to his great praise and commendation, and thereby his majesty's nobles and whole estates of his highness's realm have reported so rare and singular a benefit of the safety and continuance of their natural prince and sovereign to reign over them in justice and equity to the great glory of God, tranquillity of this realm and universal comfort and solace of the whole people, which being great, evident and reasonable causes of the realm and being duly and sufficiently verified and proven before the lords of articles and whole estates of this present parliament, therefore, his majesty, moved of his princely honour and conscience to be mindful of the said most worthy and acceptable service and to gratify the said Sir Hugh with some honourable reward thereof, to encourage him to persevere in his sincere affection towards his majesty's service and to steer and provoke all others of his good subjects by his good and laudable example to be followers of his virtue and courage in their dutiful obedience and service to his majesty's and his successors' careful preservation and defence of their lives and honours according to their bound duties, with consent and authority of this present parliament, ordains an infeftment to be made under his great seal in due form giving, granting and conveying to the said Sir Hugh, his heirs and assignees heritably all and whole the town, lands and barony of Cousland, with the tower, fortalice, manor place, houses, buildings, yards, orchards, dovecots, mills, multures, tenants, tenancies, service of free tenants thereof, advocation and donation of the chaplainries thereof and all their pertinents, lying within the sheriffdom of Edinburgh, which lands and others respectively foresaid pertained heritably of before to the said late John, sometime earl of Gowrie, at the least the said late earl had right to succeed thereto as apparent [...]† to the late James [Ruthven], earl of Gowrie, his brother, or the late William [Ruthven], earl of Gowrie, his father, [...]† was heritably infeft and seised in the same. And now the said lands, baronies [...]† respectively foresaid pertains to our said sovereign lord, fallen and become in his highness's hands and at his highness's gift and disposition by reason of escheat through the process and doom of forfeiture orderly led and deduced against the said late John, sometime earl of Gowrie, and the said late Master Alexander Ruthven, his brother, for certain crimes of treason and lese-majesty committed by them of the which they were convicted in this present parliament, as in the process and doom of forfeiture led and deduced thereupon at more length is contained, or by virtue of whatsoever other right, cause or occasion that the same lands and others respectively foresaid may fall and become in his highness's hands; and for the said Sir Hugh and his foresaids better security, giving and conveying to them the escheat of all and whatsoever reversions, bonds, contracts, obligations or promises for making of revisions made and granted by whatsoever person or persons to the said late John, sometime earl of Gowrie, or any of his predecessors for redemption of the lands above-specified with their pertinents, with all other rights, titles, contracts, bonds and obligations made and conceived in favour of the said late John, sometime earl of Gowrie, or any of his predecessors or in favour of the said late Master Alexander Ruthven, his brother, whereby the property and possession of the said lands with their pertinents might have returned and pertained to them or either of them, or whereby they or either of them might have acclaimed or recovered any right, title, property or possession of the same lands with their pertinents now pertaining likewise to our said sovereign lord and at his highness's gift and disposition by reason of escheat through the process and doom of forfeiture foresaid orderly led and deduced against the said late John, sometime earl of Gowrie, and the said late Master Alexander, his brother, as said is, with full power to the said Sir Hugh and his foresaids to call and pursue the possessors of the said reversions, contracts, bonds, obligations, rights and securities for delivery of the same to them, and to use all necessary execution thereupon for fulfilling of the same to them and to redeem and outquit the lands above-specified, with their pertinents, by virtue of the said revisions according to the tenor of the same and to use and exercise all other things necessary for recovering and obtaining of the right and possession of the said lands, with their pertinents, in the same way and as freely in all respects as the said sometime earl or any of his predecessors or the said late Master Alexander or any of them might have done themselves by virtue of the same revisions, rights and evidents; and also renouncing and transferring for his majesty and his successors all right, title, interest and claim of right, both property and possession, which his highness or his successors may claim, have or pretend in and to the same lands, with their pertinents, by reason of ward, relief, non-entries, recognition, forfeiture, bastardry, purpresture, disclamation or for whatsoever other cause or occasion present, bygone or to come to the said Sir Hugh, his heirs and assignees heritably for now and ever, with a supplement of all the defaults and with an agreement not to appeal, and likewise giving, granting and conveying to the said Sir Hugh and his foresaids the gift of escheat of all and sundry tacks, assedations made and granted to the said late John, sometime earl of Gowrie, or any of his predecessors to whom he has succeeded or may succeed as heir or in any way conceived in his favour of all and sundry the teind sheaves and other teinds, fruits, rents and emoluments, as well parsonage as vicarage, of all and sundry the said town, lands and barony of Cousland with their parts, pendicles and pertinents now fallen and become likewise in his majesty's hands by reason of escheat through the process and doom of forfeiture foresaid, orderly led and deduced against the said sometime earl as said is or through whatsoever other cause or occasion whereby the escheat of the said teinds and right thereof has pertained or may pertain to his majesty in any way, with power to the said Sir Hugh and his foresaids to collect, gather, lead, teind, intromit with, set, use and convey upon all and sundry the said teinds yearly in time coming during all the years contained in the said rights and tacks to run and, if need be, to call and pursue for that as appropriate. Likewise our said sovereign lord, with advice foresaid, for the causes above-specified, faithfully promises in the first word and binds and obliges his highness and his successors to perfect and deliver to the said Sir Hugh and his foresaids new sufficient letters of tacks and assedations of all and sundry the said teind sheaves and other teinds, fruits, rents and emoluments, as well parsonage as vicarage, of all and whole the said town, lands and barony of Cousland, with parts, pendicles and pertinents now fallen and pertaining likewise in his majesty's hands by reason of escheat through [...]† for such spaces as they shall devise, for yearly payment of the duty thereof presently paid for that, and at the expiry of the said tacks and so often after the same expires to renew the same as often for the duty foresaid, to the effect the said Sir Hugh and his foresaids may peaceably possess and enjoy the same teinds with the lands foresaid perpetually in all time coming, without any revocation, question or contradiction whatsoever and to that effect to make and perfect such right and security to them thereupon as can, or may be, devised, which teinds are esteemed by his majesty, with consent foresaid, to extend yearly to 10 chalders of victual. And for the said Sir Hugh's better security of the lands, teinds and others respectively above-specified, conveyed in manner foresaid and in special clause of warrandice thereof, giving, granting and conveying to him, his heirs and assignees above-mentioned all and sundry the lands and others respectively after-specified and feu ferms thereof, being a part of his highness's property and lordship of [...], lying within [...]; that is to say: all and whole the lands of Largo, with the pertinents and feu ferms thereof, extending yearly to 5 chalders of oats, 3 chalders, 8 bolls of barley and 1 chalder, 10 bolls of wheat; all and whole the lands of Ardeth, with the pertinents and feu ferms thereof, extending yearly to 4 chalders, 4 bolls of barley and 3 chalders, 4 bolls of wheat; and all and whole the lands of Rathillet, with their pertinents and feu ferms thereof, extending yearly to 2 chalders, 4 bolls of barley and 2 bolls of wheat; and that in special warrandice of the said town, lands and barony of Cousland, with the teind sheaves thereof above-specified principally conveyed as said is, so that if it shall happen the said Sir Hugh or his foresaids to be molested, deprived or troubled in the peaceable possessing and enjoying thereof or in the intromitting and taking up of the mails, ferms, profits and duties of the same or any part thereof or the same to be evicted from them by restitution of the said late John, sometime earl of Gowrie, or reduction of the said forfeiture or for whatsoever other cause or occasion in any time coming, or if it shall happen his majesty or his successors to fail in perfecting of the tack and assedation of the said teind sheaves and in the renewing of the said tacks perpetually after expiring of the former tacks, each one after others respectively and successively, to the said Sir Hugh, his heirs and assignees, and that the said Sir Hugh and his foresaids be debarred from the right and possession of the said teind sheaves in any way in time coming, that then and in that case it shall be permissible to them as often to have full and free regress, ingress and access in and to all and sundry the lands respectively above-mentioned, with their pertinents and feu ferms thereof above-specified, given in warrandice in manner above-written, to be possessed and enjoyed by them until they may peaceably and freely possess and enjoy the said lands, teinds and others respectively above-mentioned principally conveyed as said is. And to the effect the said infeftment of warrandice of the lands above-specified and feu ferms thereof may be good, valid and effectual in the self to the said Sir Hugh, his heirs and assignees in all time coming, his majesty, of his own proper motive and certain knowledge, with consent and authority of this present parliament, in respect of the said great, evident and reasonable causes moving his majesty to the granting hereof allowed and proven by his highness's estates as said is, has dissolved and by this act dissolves all and sundry the said lands respectively and feu ferms thereof from all annexation of the same to the crown made by his majesty or any of his predecessors, to the effect the same may be conveyed in free blench ferm in manner underwritten to the said Sir Hugh, his heirs and assignees in special security and warrandice of the said town, lands and barony of Cousland, with the teinds thereof and their pertinents principally conveyed as said is; and also that the same infeftment shall contain an union and erection of the said town, lands and barony of Cousland, with the tower, fortalice, manor place, houses, buildings, yards, orchards, dovecots, mills, multures, tenants, tenancies, service of free tenants thereof, advocation and donation of the chaplainry thereof and all their pertinents in a whole and free barony, to be called in all time coming the barony of Cousland, and that a sasine to be taken at the principal mansion thereof shall be sufficient to the said Sir Hugh, his heirs and assignees for the said whole lands and barony. And also has united the lands respectively above-specified and feu ferms thereof given in warrandice in manner foresaid in a free tenancy and ordains a sasine to be taken thereof upon the ground of any part of the lands respectively foresaid to be sufficient sasine for the whole, notwithstanding the same lies apart and are of diverse baronies. The said lands and barony of Cousland principally conveyed to be held by the said Sir Hugh and his foresaids of our sovereign lord and his successors in free blench, free barony, fee and heritage for ever, and the said lands of Largo, Ardeth and Rathillet, with their pertinents and feu ferms thereof above-specified, to be held likewise in fee and heritage, and that the said infeftment contain all privileges and liberties pertaining to a free barony in most ample form, for yearly payment for the said barony and tenancy of a silver penny at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked only, and that the said infeftment be completed in due form with extension of all clauses needful, ordaining his highness's great seal and the seals of the lords of his parliament to be appended thereto. Which infeftment, with the sasine to follow thereupon, his majesty, with advice and consent foresaid, now as if the same were made and granted and then as now, ratifies and approves in all heads, clauses, articles, provisions and conditions thereof, and finds and declares that the changing of the old holding of the said town, lands and barony of Cousland, with their pertinents above-specified, principally conveyed as said is from ward to blench, together with the disposition of the other lands respectively above-mentioned and feu ferms thereof in warrandice of the same, to be held in like manner by him in free blench ferm as said is, is well and lawfully done by his majesty with the mature advice and deliberation of the estates of parliament for the said great, evident and reasonable causes to the realm and that the same is and shall be in all time coming good, valid and effectual rights to the said Sir Hugh, his heirs and assignees above-written for possessing and enjoying of the lands and others above-specified principal and warrandice in free blench, notwithstanding that the same town, lands and barony of Cousland principally conveyed as said is were held by service of ward and relief of before, and notwithstanding the said lands and others given in warrandice thereof were his highness's annexed property, and notwithstanding of whatsoever acts of annexation thereof to the crown made by his highness or any of his predecessors or any clause or condition thereof or of whatsoever other acts, laws or constitutions made or to be made in the contrary, forbidding the changing of ward holding in blench and all kind of dispositions of the king's property otherwise than in feu ferm, and with augmentation of the rental or disposition in feu of the feu ferms; with the which acts and every one of them and all others which may any way prejudice or derogate the said infeftment held therein contained both of the principal and warrandice or any other clauses, liberties, privileges, provisions and conditions specified therein, his majesty and estates foresaid expressly dispense and make full derogation to the same in so far as may be extended in any way to the said lands and others respectively above-rehearsed, both principal and warrandice, to the effect the said Sir Hugh, his heirs and assignees may peaceably hold, enjoy and possess all and whole the said town, lands and barony of Cousland and others respectively above-specified, principal and warrandice, after the form and tenor of his said infeftment to be made to him thereupon, without any revocation, contradiction or recalling whatsoever.
[1600/11/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and whole estates of this present parliament, remembering the godly and notable act made in his majesty's parliament held at Stirling in the month of August 1571 in favour of his highness's true and faithful subjects for possessing of their lands, heritages, annualrents, life rents, pensions or possessions whatsoever held of any persons called and forfeited in the said parliament, notwithstanding the forfeiting of their superiors thereof; and his highness now being willing and fully resolved to renew the foresaid act and to grant the benefit and favour therein contained to all his faithful and true subjects who, or their predecessors to whom they are heirs or the last apparent heirs albeit as yet not entered, held lands, heritages, annualrents, life rents, mills, woods, fishings or other possessions whatsoever of the late John [Ruthven], sometime earl of Gowrie, or any of his predecessors; therefore our said sovereign lord, with advice of the said estates and whole body of this present parliament, statutes, ordains and declares that all his highness's faithful and true subjects, their heirs and successors being in no way culpable of the abominable and horrible crimes of treason and lese-majesty attempted by the said late John, sometime earl of Gowrie, against his grace's most noble person shall hold, enjoy and possess all their lands, heritages, woods, mills, fishings, annualrents, life rents, tacks, rentals and possessions whatsoever held by them or their predecessors of the said late John, sometime earl of Gowrie, or his predecessors, and hold the same of our said sovereign lord, his highness's successors and others, their next immediate superiors, their heirs and successors, according to their infeftments, rights and securities thereof in all points, in the same way and as freely in all respects as if the process and doom of forfeiture had never been led, deduced nor pronounced against the said late John, sometime earl of Gowrie, in this present parliament, and also notwithstanding of the act made in his highness's parliament held at Edinburgh, 8 June 1594, annulling the acts of parliament made in favour of vassals of persons forfeited, to the which act and all other acts, statutes or constitutions made at any time of before and made or to be made in this present parliament, this act makes and shall make full derogation; and that in favour only of the said persons who, or their predecessors, held lands, heritages and others foresaid of the said late John, sometime earl of Gowrie, or his predecessors as said is, the foresaid vassals and each one of them paying to his majesty and his successors or any others their next immediate superiors for each twenty shilling land which they held of before of the Earl of Gowrie £10 money of this realm between now and Whitsunday [May/June] next for composition.
[1600/11/22]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, understanding that Robert Jossie, merchant burgess of Edinburgh, was due to James Lundie, brother-german to John Lundie of that Ilk, in the sum of 3,000 merks usual money of this realm, and also that Christian Ruthven, spouse to the said James Lundie, was infeft by the late John [Ruthven], earl of Gowrie, in all and whole an annualrent of 200 merks yearly to be uplifted out of the lands of Culgask under reversion of the sum of 2,000 merks, of the which sums our said sovereign lord is most willing that the said James receive payment and satisfaction according to his majesty's promises made to him of before; therefore, his highness and estates of this present parliament decree and declare that it shall be permissible to his highness, with advice of [Sir David Murray of Gospertie], comptroller, to convey and wadset 500 merks of yearly annualrent out of any part of his majesty's proper lands now annexed to the crown to the said James Lundie, his heirs and assignees and decree and declare the said wadset and alienation to be lawful, good and sufficient right to the said James Lundie to intromit with, hold and possess the said annualrent yearly according to the order of wadsets until the said annualrent be lawfully redeemed by payment of the said sum of 5,000 merks by his highness or his successors to the said James Lundie and his foresaids, notwithstanding the acts of annexation annexing the same lands out of the which the said annualrent should be uplifted to the crown, acts of parliament or statutes whatsoever that may any way derogate or be prejudicial to the foresaid infeftment to be granted of the foresaid annualrent, with the which annexation, acts and statutes our sovereign lord and estates dispense for ever.
[1600/11/23]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that diverse of the lords of his highness's secret council and session and others of his highness's officers for the discharge of their bound duty in his highness's service incur the hatred, indignation, malice and hostility of sundry persons and often accuse them without any just cause, therefore statute and ordain that whatsoever person in time coming invades or pursues any of his highness's session, secret council or others of his highness's officers, it being verified and tried that any of the said councillors, sessioners and officers was pursued and invaded for doing of his highness's service, shall be punished to the death.
[1600/11/24]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his highness and his highness's predecessors, for the help and relief of his poor commons in diverse parts of this realm, have reserved great quantity of muirs and other common lands in no way conveyed in property to any particular person, notwithstanding whereof diverse persons have ploughed, enclosed, tilled, sown and laboured great portions of the same commonties, without any right of property competent to them, to the prejudice of his highness and utter wrack of the poor tenants and commons of this realm, therefore statute and ordain that all persons who have tilled, laboured, sown, fenced, enclosed or appropriated any part or portion of his majesty's common muirs or other commonties belonging to his highness within the memory of man, the same being tried either by way of molestation or by the lords of the session, that they within a year and a day after the said trial return the same commonties again to the effect the same may remain unlaboured or enclosed in any time thereafter but to remain as commonty likewise and in the same manner as it was before the ploughing or fencing thereof; and if they fail to do the same within the space foresaid, lawful trial being taken therein as said is, they shall be discerned to have committed purpresture. And also our sovereign lord and estates foresaid statute and ordain that whosoever in time coming shall till, labour, manure, sow, park, enclose or appropriate any part or portion of his majesty's common muirs or other of his highness's commonties (the same being sufficiently tried in manner foresaid) shall be also discerned to have committed purpresture and punished for that according to the laws, use and customs of this realm observed of old in matters of purpresture.
[1600/11/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that calling and pursuing of bearers, wearers and shooters with hackbuts and pistols and other firearms before his justice and his deputes breed such trouble to parties and assizers and such difficulty in the trial that often innocent persons are thereby vexed, and such as are guilty eschew their due punishment by declining of the assizers that best know the verity of the fact and other such subterfuges and delays of lawful trial; for remedy whereof his highness, with advice and consent of his estates of parliament, statutes and ordains that the bearers and wearers of hackbuts and pistols and other firearms who have neither committed slaughter nor mutilation or other odious violence therewith, but only borne and worn them upon their persons or in their companies contrary to his highness's laws and acts of parliament, may be either pursued criminally before the justice and his deputes according to the custom heretofore observed, or before his highness and the lords of secret council and lawful probation of witnesses or oath of party at the option of his highness's treasurer or advocate, providing always that such as shall be pursued before his highness and lords of his secret council and tried by probation of witnesses guilty of any of the said crimes shall not incur the corporal punishment prescribed by the former acts by amputation of the right hand, but only to be punished by warding of their persons, escheat of their goods moveable, or payment of such a pecuniary penalty and sum of money as his highness and lords of his secret council shall determine, without prejudice in any way of the execution of the former acts of parliament against such as shall be criminally pursued, convicted and found guilty by a condign assize before his highness's justice general or his deputes foresaid in case his majesty like rather that they be pursued criminally before the justice than before the secret council. And further, his highness and estates foresaid annul and discharge all licences given by his majesty for bearing and wearing hackbuts, pistols and other firearms and statute and ordain that no licences shall be granted in time coming to any persons for bearing and wearing of the same except that the same licences be granted by his highness and lords of secret council sitting in council; and when the same licences are so granted, ordain the same licences to pay composition to his highness's treasurer and to pass his register and to pass the signet and whole seals, and decree and declare all licences not granted in council and which shall not pay composition and pass the signet and whole seals as said is to be null and of no value; and notwithstanding thereof the said persons to be accused according to this present act and acts of parliament made of before.
[1600/11/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates, ratifies and approves the acts of parliament made regarding usury and taking of unlawful annualrent or profit for silver in all points according to the tenor of the same. And because the obscurity of the act of his majesty's 15th parliament, entitled 'It is not permissible to take more annualrent or profit than ten for the hundred', regarding the manner of trial and probation of the said crime by oath of party and all other lawful probation conjoined therewith competent of the law, has bred such difficulty in pursuit and decision of the said cause that justice thereby has been greatly frustrated and the contraveners of the said act altogether unpunished, therefore his majesty, with advice and consent foresaid, statutes and ordains that in all actions already intended, depending or hereafter to be intended against the contraveners of the said acts, litiscontestation being made therein by admitting the summons to probation, it shall be permissible to press the said summons and contravening of the said acts or any of them regarding the taking of unlawful and exorbitant profit for sums of money by writ or oath of party, receiver of the said unlawful profit, and by the witnesses inserted in the security made for the said sums, without receiving of the oath of the party, giver of the said unlawful profit, for eschewing of all occasion of perjury which might be suspected to proceed thereupon.
[1600/11/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that the ground and bounds where diverse castles, strengths and forts pertaining to his majesty's most noble progenitors were of old situated is now altogether waste, unsightly and unprofitable to his majesty, the said castles and forts being so demolished that there remains no kind of building therein either for strength or dwelling to his majesty, as likewise that his highness's coal pits within the bounds of his annexed property being unable to be wrought without advancement of great expense are so neglected that his majesty neither receives furniture of coals to his highness's house thereby nor any other profit or commodity of the same; for remedy whereof our said sovereign lord, with advice and consent of his estates of parliament, statutes and ordains that it shall be permissible to his highness to set all and sundry the said lands and bounds with the pertinents whereupon any of the said old, demolished and uninhabitable castles and forts were situated, together with the meadows and lochs belonging thereto and coal pits being within the bounds of his annexed property, in feu ferm heritably, so that it be not in diminution of his highness's rental, grassum or other duties, but in augmentation thereof, and to that effect, with consent foresaid, makes present dissolution thereof. And that the lands, meadows, lochs, coal pits and others set by his majesty by virtue of this act in manner foresaid shall stand perpetually and after his decease, the annexations made of before to return again to the own nature so that his successors, after his decease, shall have no further power to transfer nor set in feu any of the said lands, bounds, lochs, meadows, coal pits and others foresaid than they had before the making of this present dissolution. And his highness and estates of parliament declare that the foresaid dissolution shall in no way hurt nor prejudice Alexander [Livingston], lord Livingston, his right which he has to the coal of Bonnington, beside Linlithgow, and to his right which he has to the castle of Blackness, with the greens and pertinents belonging thereto.
[1600/11/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, moved to conceive a vehement suspicion against the posterity of rebels forfeited for their treasons attempted against his majesty's person and estate by the perilous experience of the horrible and desperate treason lately enterprised against his majesty's own life by the late John [Ruthven], earl of Gowrie and the late Master Alexander Ruthven, sons of the late William [Ruthven], earl of Gowrie, who, being infinitely obliged to his highness's clemency in so far as forgetting the many and great treasons committed against his highness by their said late father, of his princely grace and favour, restored them to their same dignity, living and integrity of their former estate, yet being unmindful of so many and great benefits, and following the treasonable example of their said father for revenge of his just and lawful execution to the death for his treasonable demerits, enterprised desperately and vilely to murder his majesty, their native prince; therefore, for preventing of the like occasions, our said sovereign lord, with advice and consent of the estates of this present parliament, statutes and ordains that the bairns and posterity of Francis, sometime earl of Bothwell and James Douglas, sometime of Spott, shall never be able nor capable in any time coming to hold, enjoy or possess any benefices, offices, lands, heritages, tacks, steadings, rooms, possessions, successions, goods or gear, moveable or immoveable, within this realm but that our said sovereign lord by himself and others having his right to the said lands, benefices, offices, goods or gear has and in all time coming shall have full and undoubted right to the same as fully in all respects as the said rebels and their bairns and posterity had or might have had or claimed to the same or any part thereof at any time bygone or to come. And seeing our said sovereign lord has gratified diverse of his most faithful servants who have given best proof of their true affection to his highness's service in resistance, pursuit, banishment or slaughter of the said traitors and their accomplices with the recompenses of their service out of the said forfeited traitors' lands and possessions by heritable infeftments, pensions and otherwise, to the effect his good subjects may be the better encouraged to expose their lives in defence of his royal person and authority and pursuit of his rebels and traitors in time coming, therefore his highness and estates foresaid statute and ordain that if it shall happen hereafter his highness or any of his successors to grant their pardon, grace, remission or restitution to any of the said forfeited rebels or their posterity, heirs or successors foresaid, the same shall in no way be extended to the lands, heritages, benefices, offices, possessions and others pertaining of before to the said rebels, their bairns or posterity and conveyed by his highness to any of his faithful servants in recompense of their good service but that the same shall perpetually remain with them, their heirs and successors as a due recompense for their loyalty, notwithstanding of any grace, pardon, remission or restitution in any way to be granted to the said traitors or any of them in time coming.
[1600/11/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having at length reasoned regarding the state of the coinage, as the same is presently current within this realm, declare that in this present parliament they will in no way alter the fines nor prices of the coinage, either of gold or silver, but that the same has free passage and course hereafter as it presently gives. And because his majesty and estates understand that there is great scarcity of coinage for the present within this realm, therefore have given power and commission to the lords of his highness's secret council for taking order regarding the importation of bullion, for furnishing of the mint-house and discharging the transporting and exporting of gold, silver and other forbidden gear under the pain of punishment of their bodies and goods according to the discretion of the said commissioners, whereby the country may be furnished with abundance of coinage of such fines and prices as the same presently gives and has passage within this realm. And this act to be published to all our sovereign lord's lieges.
[1600/11/30]*[print] [email] [cite] [preceding] [following]
The which day compeared personally Thomas Fisher, bailie of Edinburgh and one of the commissioners of this present parliament, and protested in name of the whole burghs that notwithstanding of the foresaid act of parliament that they be no further obliged in bringing home to this realm of bullion than is contained in the acts of parliament made of before.
[1600/11/31]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of the estates of this present parliament, statutes and ordains that no person nor persons, as well strangers as native born subjects of this realm, take upon hand to buy, pack, peel, salt, barrel or yet transport out of this realm any herring in small or great quantity at any time before Michaelmas [29 September] yearly, but to suffer the same to be brought to public markets and there sold to all his highness's lieges upon reasonable prices without attempting anything in contrary thereof, under the pain of confiscation of the same herring, barrels, ships and vessels and of all the rest of the moveable goods of the contraveners hereof in any point, the third part of the same to the apprehender and the rest to his majesty's use, to be intromitted with by his highness's comptroller and such as he shall give power and commission to that effect; and statutes and ordains that no licences be granted hereafter for packing, peeling, salting and transporting of herring before the time foresaid unless the same licences be granted with consent of the council sitting in council; and after the granting of the said licences ordains the same to pass the signet and whole seals, otherwise declares the same licences to be null and of no value.
[1600/11/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament statute and ordain that the slaying of salmon in forbidden time, or of kipper smolts or such black fish at any time, shall be in all time coming a crime of theft to the committer whatsoever and shall be punished as theft in every quality according to the committer's rank and estate, excepting always out of this present act the salmon, kipper smolts and all other fish slain or taken within the rivers of Annan and Tweed only.
[1600/11/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the great liberty that sundry persons take in provoking others to singular combats upon sudden and frivolous quarrels, which has engendered great inconveniences within this realm, therefore statute and ordain that no person in time coming without his highness's licence fight any singular combat under the pain of death and his moveable gear escheat to his highness's use, and the provoker to be punished with a more ignominious death than the defender at the pleasure of his majesty.
[1600/11/34]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the great expense and bother the lieges of this realm sustain by seeking of a notary and four witnesses to the registration of all letters of horning, relaxations, inhibitions and interdictions in the sheriffs', bailies' or stewarts' books within this realm, and also sustain great delay by seeking of the clerks who should register the same, therefore our sovereign lord and estates foresaid discharge that part of the act of parliament made in the month of December 1597 regarding the registration of the same letters of horning, relaxation, inhibition and interdiction before a notary and witnesses, and decree and declare the same letters which are or shall be registered in the said sheriffs', bailies' or stewarts' books by the clerk thereof, or by the clerk register and his deputes in the books of council, shall be valid and sufficient in the self and shall make faith in judgement or outwith in all time coming.
[1600/11/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament statute and ordain that the sloth and negligence of any of his highness's officers in the pursuing or defending of any of his actions or causes in any time bygone or to come shall in no way be prejudicial or hurtful to his highness but that he and his officers, successors in that office, may without any order of reduction and by way of exception or reply use and propose all and sundry exceptions, replies and defences competent of the law which were willingly or negligently omitted by their predecessors and thereby supply whatsoever thing that has been neglected or omitted by their said predecessors to the effect that his highness and his crown be in no way hurt nor prejudiced by negligent officers, and that the benefit of his laws may be competent to him at all times where it shall please him and his officers to crave and use the same.
[1600/11/36]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the estates of this present parliament, statutes and ordains that no person nor persons take upon hand in time coming to transport out of this realm or bring in within the same any forbidden or uncustomed goods under the pain of loss of all their moveable goods that shall happen to come in the contrary hereof; that is to say, the said forbidden and uncustomed goods that shall happen to be taken and apprehended to appertain as escheat to our sovereign lord and to be intromitted with and taken up by his highness's comptroller and account thereof to be made by him in the exchequer, and the remainder of the moveable goods and gear pertaining to the contraveners of this present act to be escheat for their contempt by our sovereign lord's treasurer, for the which he shall be likewise obliged to make account in all time coming; and discharge all licences already granted to that effect and that no licence pass hereafter unless the same be passed in council and pass the whole seals and pay composition to his highness, and ordain letters to be directed hereupon as appropriate.
[1600/11/37]*[print] [email] [cite] [preceding] [following]
The which day Thomas Fisher, bailie of Edinburgh and one of the commissioners of parliament, asked instruments that the whole commissioners of burghs present in this present parliament, all in one voice, dissented from the foresaid act and specially that part thereof regarding the escheating of the contraveners of the said act of their whole goods and gear.
[1600/11/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies, approves and confirms the liberty of the true and holy kirk and religion presently professed within this realm and established by the laws of the same, and all acts, constitutions and immunities made and granted to the same, as well in his highness's minority as since his perfect age, and ordains the same to be put to execution in all points against all persons whatsoever in all time coming.
[1600/11/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies, approves and confirms the act made in the convention of the estates at Holyroodhouse, [...] October 1598, regarding non-communicants, whereof the tenor follows: Forasmuch as by diverse and sundry laudable acts of parliament made by his highness and [Mary], his late mother of good memory, since the reformation of the religion, it is statute and ordained that all his highness's subjects should embrace the religion presently professed, as well by hearing of the word as participation of the sacraments; notwithstanding whereof sundry persons of the realm abstain from the receiving of the communion and Lord's supper, pretending an excuse of rancour and malice they have in their minds against some of their neighbours, bearing them a deadly hostility, alleging so long as the same rancour remains with them and they in no way reconciled with their said neighbours they cannot worthily receive the said sacraments nor cannot justly be burdened by the ministry to do the same, which pretended excuse is nothing but a colour and cloak to cover their papistry, which is the only cause of their abstaining to communicate. And in so far as by the acts of the general assembly it is found that deadly hostility can be no lawful cause why any person should debar himself from the seals and sacraments of his communion with Christ, therefore his highness, with advice of the estates presently convened, has statute and ordained that all his highness's subjects shall communicate once every year and shall in no way pretend any excuse of deadly hostility, rancour or malice to appear towards their neighbours; and whenever it shall happen any to abstain or to debar himself from the participation of the said sacrament upon the pretence of the said excuse or any other cause whatsoever, they being first lawfully required by their pastor or presbyteries to do the same, that then they shall be astricted and obliged to pay the particular penalties underwritten enjoined to them and that to his highness's treasurer; that is to say: every earl so often as he shall contravene the premise, £1,000; every lord, 1,000 merks; every baron, £500; every freeholder, 300 merks; every yeoman, £40; and every burgess according to the modification of the king's majesty and lords of secret council; which pains the said estates have ordained our sovereign lord's treasurer to exact with all extremity against the contraveners hereof and to intromit therewith to his highness's use.
[1600/11/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies, approves and confirms the act made in the secret council at Perth, 1 April 1600, regarding the Jesuits, seminary priests, excommunicate and tried trafficking papists, whereof the tenor follows: Forasmuch as by diverse acts and proclamations made and published heretofore all Jesuits, seminary priests, excommunicate and tried trafficking papists, common enemies to all Christian government, are specially commanded to depart and pass out of this realm under certain pains mentioned in the same acts, the non-execution whereof has produced such a contempt and disregard of the said acts that the reset and trafficking of the said Jesuits and seminary priests is very frequent in sundry parts of this realm, through which great numbers of ignorant and simple people are seduced by them to decline from the true and Christian religion to the offence and displeasure of God; for remedy whereof, it is statute and ordained by his majesty and lords of his secret council that whatsoever Jesuits, seminary priests, excommunicate and tried trafficking papists presently being within this realm, or that shall happen to be within the same, shall immediately after their report to his majesty be taken and apprehended by the ordinary magistrates of the bounds where they resort and committed to ward until they be converted to the religion, removed and put from the country or else punished according to the tenor of the said acts, so that always the benefit of the act of parliament granting to other papists the space of 40 days to satisfy the kirk or remove from the country shall be in no way extended to them. And because the reset which they have found in diverse parts of the country has given them the boldness so avowedly to condemn his majesty and his laws, that therefore such persons as shall be given up by the presbyteries or session of the kirk to be the resetters and hoarders of them shall be charged under such pecuniary pains as shall be modified by his majesty and lords of secret council not to reset them hereafter, with this addition: that his majesty and estates of parliament declare that every earl that shall happen to reset any shall pay £1,000; every lord, 1,000 merks; every baron, £500; every freeholder, 300 merks; every yeoman, £40; and every burgess according to the modification of the king's majesty and lords of secret council, the pain always not exceeding the sum of £100; which pains the said estates have ordained our sovereign lord's treasurer to exact with all extremity against the contraveners hereof and to intromit therewith to his highness's use.
[1600/11/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and confirms the act made by his highness and estates convened at Perth, 1 April last, against strong and idle beggars, whereof the tenor follows: The king's majesty and lords of secret council, remembering how there have been diverse good and laudable acts of parliament and secret council made and published heretofore for punishment of strong and idle beggars and relief of the poor and impotent, and how that the said acts have received little or no effect or execution by reason of the oversight and negligence of the persons who were nominated justices and commissioners for putting of the said acts to full and due execution, and that there was not a special penalty appointed and enjoined to them who should be remiss or negligent therein, so that the said strong and idle beggars being for the most part thieves, bards and counterfeit villains living most insolently and ungodly, without marriage or baptism of a great number of their bairns, are suffered to roam and wander throughout the whole country and the poor and impotent persons are neglected and no care had nor provision made for their maintenance and sustentation; for remedy whereof and supply of the said acts, and namely of the act of parliament made in the year of God 1597 whereby the execution of the said acts of parliament is committed to the particular sessions of the kirk, it is statute and ordained by the king's majesty, with advice of the estates of his secret council, that the said sessions of the kirk where need is shall be assisted by one or two of the presbyteries and that they shall put the said acts to full and due execution according to the tenor thereof in all points, every one of them within their own bounds under the pain of £20 to be exacted of them so often as they shall be found to be remiss or negligent herein, and that this ratification shall begin to that effect and have execution upon 1 June next. And to the effect his majesty may be the better assured of the care and diligence of the said sessions of the kirk in due execution of the said acts of parliament, his majesty commands the whole presbyteries in the whole land to take diligent trial of the obedience of the said sessions regarding this and to report their certificate and testimonial thereupon to his majesty's ministers between now and 1 August next, through which his majesty may thereafter proceed against such as shall be negligent as appropriate; and that letters of publication be directed hereupon as appropriate, through which the said session of the kirk nor any other pretend ignorance, and to command and charge the said sessions of the kirk to put the said acts of parliament made against strong and idle beggars, whereof the execution is committed to them by the said act of parliament made in the foresaid year of God 1597, to due and full execution in all points, according to the tenor thereof, between now and 1 June next under the said pain of £20 to be exacted of them so often as they shall be found to be remiss after the said day; certifying them that fail that the said pain shall be uplifted of them with all rigour, and also to command and charge the said presbyteries to take trial of the said sessions regarding this and to report their testimonial thereupon between now and 1 August as said is as they will answer to his majesty upon their obedience at their utmost charge and power.
[1600/11/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, declares all marriages to be contracted hereafter by any persons divorced for their own crime and fact of adultery from their lawful spouses with the persons with whom they are declared by sentence of the ordinary judge to have committed the said crime and fact of adultery, to be in all time coming null and unlawful in themselves and the succession to be procreated by such unlawful conjunctions to be unable to succeed as heirs to their said parents.
[1600/11/43]*[print] [email] [cite] [preceding] [following]
That all and whatsoever sheriff clerks in all times hereafter shall present their registers to the clerk register to be marked by him and his deputes, and whatsoever registration to be subscribed by them upon whatsoever letters, together with whatsoever extracts shall be given forth thereof to any person, shall contain in all time coming the leaf wherein the same is registered. And this order to begin from 1 March next, within the which they and every one of them shall present their said registers to be so marked and that none of them subscribe their registration upon any letter or give forth any extract subscribed by their hand after the foresaid day not specifying the leaf wherein the same is contained within their book marked as said is, under the pain of 100 merks money on every occasion, without prejudice always of the hornings, which the said clerks' omission or neglect in this behalf shall in no way make invalid.
[1600/11/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and whole estates of parliament presently convened, for removing of the present feuds that abound within this realm, find it fit and expedient that the parties be charged to compear before his highness and secret council at such days as shall be thought expedient, to submit to two or three friends on either side or to subscribe a submission formed and sent by his majesty to them to be subscribed; which friends, by their acceptance, shall be bound either to determine within the space of 30 days after they have accepted or else to agree at their first meeting on an arbitrator who shall determine within that space, which if they cannot do, they shall within the foresaid 30 days report the ground and cause of their disagreement to his majesty and such members of his council as his highness shall find least partial and suspect, whose majesty, by the advice of the estates here present, is declared to be arbitrator in that matter. And failing that the friends arbitrators either determine or report not within the foresaid space after their acceptance, every one of them by the authority of this present act to incur the pain of £1,000 to be employed to his majesty's use. And because all feuds are one of these three natures, namely, that there is either no slaughter upon either side, or slaughter upon one side only, or else slaughter upon both sides, the parties in the first may be commanded to agree due satisfaction being offered and performed at the supervision of the friends and overman in manner foresaid. Where there is slaughter upon both sides his majesty may by rigour and quality of justice compel them to agree due satisfaction to be made on either side according to the quality of the offence and persons offended. Where the slaughter is only on the one side, the party grieved cannot refuse in reason to submit in manner foresaid all quarrel he can bear to any person innocent, justice being made patent to him against the guilty, specially he being ordained by this present act to pursue no other but the guilty and that by law, and the party so pursued not to bear quarrel for it but to defend in lawful manner. And that all quarrel shall cease against such as shall be lawfully pursued in this form either by their conviction and execution by law or otherwise by their clearing and agreement that all persons, being of perfect age and within the country having interest to pursue any party for crimes capital, shall within 40 days after the publication of this present act, at the head burgh of the shire where the pursuer dwells, raise and cause execute their letters in the said matter and insist in the pursuit thereof; with certification to such as fails that their action shall perish, expire and be extinct and the said pursuer shall be compelled to submit his action in manner above-specified, reserving always to his majesty his action according to the law, providing that if the said pursuer satisfy the ordinance of this present act, and be delayed either by a continuation of the diet, by warrant of the prince or by the dilator defence proposed by the panel for eluding of the final trial of the pursuit, in that case the prescription in no way to run against the pursuer, having done his possible diligence in manner foresaid. And because the guiltiness of crimes consists not only in the person of the actual committers thereof but also in the authors, causers and movers of the same to be committed, who are art, part and guilty of the said act, whereof no public knowledge nor certain trial is had, his majesty and estates, in no way willing that neither the authors or actors of such heinous crimes escape the due punishment through obscurity and lack of public knowledge thereof, declare that the parties offended doing their diligence as said is against the actual and known committers of the said crimes and satisfying this act regarding their reconciliation with all other persons shall in no way be prejudiced of their action competent against such persons of whose guiltiness they shall hereafter get knowledge, providing that they shall bear no hostility against the said suspect persons until first after sufficient information obtained they raise their letters for summoning of the said parties to underlie the law and either make them fugitive or otherwise obtain the pursuit decided. And further that the prescription of this present act shall in no way militate against any party whose actions are already submitted to a longer day than is prescribed in this act, providing that the party do his diligence in manner above-written within 40 days after the expiring of the said submission. And to the intent that justice be no occasion to breed further trouble, every† party shall come to the town accompanied only with 24 persons, where both they and their company shall keep their lodging to the hour of cause, at the which first the one and next the other shall be brought out by the town in arms accompanied from their lodging to the bar, with the number prescribed to their art by act of parliament, the contravener whereof, if he be pursuer, shall lose his pursuit in time coming, and if he be defender he shall be denounced rebel as presumed guilty and refused lawful trial. And for preventing of all deadly feuds in time coming where there is no cause nor quarrel given as yet it shall not be lawful to the pursuer to invade, pursue, bear hostility or quarrel against any friend of the offender, innocent and not accused and convicted of the crime, under the pain of loss of his action and pursuit against the guilty and be compelled to submit with the offender's self, reserving always to his majesty his action against him for the crime; likewise the friends of the guilty person being convicted and fugitive from the law shall not bear quarrel for his pursuit by law, neither maintain, supply nor reset him under the pains contained in the act against resetters of fugitives and rebels. And in case any of the friends of the guilty person reset him in contempt of this present act and others of his highness's laws, the party grieved, assisted with his highness's advocate, shall only pursue the resetter by order of law without convocation, hostility, grudge or quarrel to be borne against him thereof, otherwise under the pain of loss of his said lawful action in all time coming. And to this order before-specified the whole nobility and estates present have given their approbation and consent and sworn to conform them thereto in all feuds which shall fall out in time to come. And this present act in no way to militate in such case where the party offender is denounced rebel or shall happen hereafter to be fugitive and put to the horn for slaughter or other capital crimes during the time of their rebellion, and to the intent these present articles may have the better effect and be the more willingly embraced by his majesty's whole subjects, his highness, of his proper motive and gracious inclination to justice, quietness and well of his people, solemnly declared and faithfully promised in presence of the said estates that for slaughter and other odious crimes to be hereafter committed his highness shall grant no respite, remission, pardon or oversight at any times hereafter albeit the parties transact and agree amongst themselves, until the inveterate and damnable customs of the said heinous crimes be rooted out and altogether suppressed; which articles above-written in the whole heads and points of the same our sovereign lord and estates foresaid presently convened ratify, approve and confirm and ordain the same to have the strength, force and effect of a law in all time coming, and that letters of publication and executorials pass hereupon for the better observation hereof in this present parliament.
[1600/11/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the act of council made at Holyroodhouse, 26 February 1597 [1598], in the whole points and articles of the same and ordain the same to have the force, strength and effect of an act of parliament, and ordain his highness's treasurer to be careful and diligent in uplifting and intromitting with the penalties which shall happen to be incurred by any person in not observing of the said act, and the same penalties to be applied wholly to the furnishing of armour and of all other war-like provision for his majesty's houses, of the which act the tenor follows: At Holyroodhouse, 26 February 1597 [1598]. Forasmuch as it is most requisite that in time of peace provision be made and care taken for the war, when at God's pleasure the same shall happen to fall out, and his majesty and the lords of his secret council, considering that there is diverse good and laudable laws and acts of parliament made and set out by his highness's most noble progenitors and specially by King James V, his highness's grandfather of worthy memory, regarding harness, weapons and armour, that every man be armed according to his rent and of general musters and wappenschaws and toward the forewarning thereof, and sundry other orders tending to the preparation for war and defence of the realm, which of a long time bygone have not been duly observed and put to execution, to the great hurt and prejudice of the common good; therefore his majesty, with advice of the lords of his secret council, has thought fit, concluded and resolved that every earl, lord, baron and others of his highness's lieges of the rank, degree and substance hereafter specified shall be furnished and armed as is hereafter prescribed within the space of 10 months next after the publication hereof at the market crosses of the head burghs of this realm; that is to say, that every earl be armed and furnished with a defensive corslet of proof, head piece, vanbrace, taslets and a Spanish pike and that he be furnished with 20 stand of armour in manner foresaid for his own household; that every one of the said lords be also armed in the same form and manner, and furnished with 10 stand of the same armour for his own household; that every baron be likewise armed as said is and furnished with a complete stand of the same armour for every 15 chalders of victual that he may spend; that every baron and gentleman whose living depends not upon victual shall be provided and furnished with a complete stand of the foresaid armour for every 1,000 merks of his yearly rent; that every gentleman valued in yearly rent to 300 merks, either in victual or silver, be furnished with a light corslet and pike or else a musket with forked support, pennon and headpiece, and this to be extended as well to them dwelling to burgh as to landward; that the provost, bailies and council dwelling within every burgh take order every one of them within their own bounds and jurisdiction, that every of their neighbours, burgesses and indwellers within their town worth £500 of free gear be furnished with a complete light corslet, a pike, a halberd or two handed sword or else a musket with forked support, pennon and headpiece, and that for every light corslet and pike within their burgh there be two muskets, and that every sheriff and such others as shall be appointed commissioners to this effect take the like order with all and whatsoever persons dwelling to landward within their bounds and jurisdiction being of the like rank, estate and substance. Moreover, his majesty, with advice of the said lords, for the more speedy effectuating of this order, has also thought fit to appoint a general muster and wappenschaw to be made by all his highness's lieges universally through all the parts of this realm upon 1 May 1599, to be received by the sheriffs, stewarts, bailies of regalities and royalties, assisted with such commissioners in every shire as shall please his majesty by his missive letter to appoint, and by the provosts and bailies within burghs; and to the effect none shall pretend ignorance hereof, ordains letters to be directed to officers of arms, sheriffs in that part, charging them to pass and make publication and intimation of the premises to all and sundry his of highness's lieges by open proclamation at the market crosses of the head burghs of this realm and all other places needful, and also to command and charge all the said earls, lords, barons, gentlemen and others particularly above-specified to prepare and furnish themselves and their householders with the several armour expressed before within the said space of 10 months next after the publication hereof at the market crosses of the head burghs of the sheriffdoms where they dwell under the pains following; that is to say: every earl under the pain of 2,000 merks; every lord, 1,000 merks; every baron, for every 15 chalders of victual that he may spend, 100 merks; and every other person of the rank and substance above-written, £40. And likewise to command and charge the foresaid persons and all others of his highness's lieges dwelling as well to burgh as to landward, regality as royalty, to prepare and address themselves well and substantially provided, furnished and armed, each one of them particularly as is prescribed above, to give and make their musters and wappenschaw upon the said 1 May in the year of God foresaid in presence of the said sheriffs, stewarts, bailies of regalities and royalties and such others as shall be appointed his highness's commissioners within every sheriffdom for receipt of the same musters; certifying those who fail in any point of the premise or shall be found absent from the same musters or yet that be present, shall not be armed according to the tenor of this act in every point, they being of the rank or substance above-specified, that not only shall the pains above-mentioned be taken up of them but that they shall be noted, reputed and esteemed as not compearing to the said musters and wappenschaws and the pains prescribed by the said acts of parliament made relating thereto shall be executed against them with all rigour and extremity in example of others.
[1600/11/46]*[print] [email] [cite] [preceding] [following]
Forasmuch as in time bygone the only means for quieting of the borders was entry of pledges and the keeping of them in surety, that in case any criminal act or wrong was committed by any of the gang or surname for the which they were entered pledges then justice should be executed against the said pledges with all rigour; and because heretofore a great number of the nobility and barons, being burdened for keeping in surety some of the said pledges, have made their excuse of the danger and inconvenience that might occur to them in case of the escape of any of the said pledges delivered to them in keeping, which being easy to be prevented by the more imprisonment of them, our sovereign lord and estates of parliament find that none of the nobility and barons being burdened to receive any of the said pledges shall refuse to accept them upon excuse of any inconvenience whatsoever that may ensue but shall receive them and keep and detain them until the said pledges be suited to be redelivered by them and shall be answerable for them that they shall in no way escape, each pledge under the pain of £2,000.
[1600/11/47]*[print] [email] [cite] [preceding] [following]
Forasmuch as by common custom of all countries special prohibition is made to all sorts of persons to slay wild fowl, hare or venison, except such as by their revenues may bear the charges and burden of the hawks, hounds and dogs requisite in such pastimes, in respect the same as well has been created for the recreation of mankind as for their sustentation; likewise it is of truth that by diverse and sundry acts of parliament, other statutes and proclamations made heretofore all slaying of the said wild fowl and beasts by any indirect means such as hackbut, noose, net and fowler dog is specially forbidden and diverse penalties contained in the same act, yet nevertheless such has been the slackness of the execution of the same that diverse and sundry persons, having greater regard of their gain and commodity which they purchase by the selling of the said wild fowl to such persons who prefer their own inordinate appetite and gluttony either to the obedience of the said laws or to the recreation that may be had by the direct slaying of the same, have used all the said indirect means in slaying of the said wild fowl and bestial whereby this country, being so plentifully furnished of before, is become altogether scarce of such wares. For remedy whereof, and that the continuing of the said abuse may not procure worse inconveniences seeing in time of peace in all time bygone the said pastimes of hunting and hawking were the only means and instruments to keep the whole lieges' bodies from not becoming altogether effeminate, our sovereign lord and estates of parliament, finding that the discharging of the selling of the said wild fowl and venison shall procure a remedy of the said abuse, have therefore discharged, likewise by this act they discharge, any person whatsoever within this realm in any way to sell or buy any fastan,† red or fallow deer, doe, roes, hares, partridges, red grouse, black grouse, heath hens, ptarmigans, wild ducks, teals, atteals,† golden-eyes, mortynis,† heron, oystercatcher, snipe or any such kind of fowl commonly used to be chased with hawks under the pain of £100 to be incurred as well by the buyer as seller; and in case of the inability of any of the said persons to pay the said sum, that the apprehender of them shall cause them to be scourged through the burgh or town where they shall be apprehended, and also discharge any of the said lieges in any way to slay any of the said wild fowl or beasts above-specified by noose, net or hackbut under the pain above-specified to be incurred by them. For execution whereof, our sovereign lord has given and granted power and commission to all sheriffs, stewarts, bailies, as well of regalities as royalties, provosts and bailies of burghs and every baron within his own barony special justices to that effect, giving them full, free and plain power to uplift or execute the pains above-specified against the transgressors of this act, the one half of the said pecuniary pains to be intromitted with by them to appertain to our sovereign lord and to be paid to his highness's treasurer and the other half to the delator and apprehender. And because one of the greatest occasions of the scarcity of the said partridges and red grouse is by reason of the great slaughter of their poults and young, when as for youth neither are they able to give pastime and for quantity can in no way be a great refreshment, therefore our sovereign lord has discharged all his highness's subjects whatsoever in any way to slay or eat any of the said red grouse or any of other kinds before 3 July, or any partridge poult before 8 September. Always our sovereign lord and estates foresaid declare that this act shall in no way comprehend rabbit, woodcocks, plovers nor wild geese but the same to be slain with nets and other engines not forbidden by the laws of this realm and to be cost and sold as lawful merchandise as of before.
[1600/11/48]*[print] [email] [cite] [preceding] [following]
Forasmuch as one of the greatest causes that has moved theft and receipt of theft to increase within this realm, and specially within the borders and marches of the same, has been the impunity of the committers thereof by reason it has been received in custom this long time bygone that the making of redress of the goods and gear taken to the party grieved by the committers of the theft and resetters of the same has been a sufficient exoneration to them from any punishment, which justly they deserved in their persons for being guilty and culpable of the said crimes, albeit if such offence had been punished with severity in the committers of the same they by their example would have moved and terrified others by their misbehaviour to incur the like danger; and whereas by the ancient laws of the border there used no redress at all to be made except by the opposite wardens of this realm and England of goods taken by the subjects of a nation from the other and in no way within this realm by a subject to another, but the committers of such crimes were punished to the death; and our sovereign lord, finding that the desuetude of that laudable law and custom in the rigorous execution of the persons of the said thieves has caused the greater disregard and contempt of his highness's authority and less account by them to offend, has therefore statute and ordained that in all time hereafter within the bounds of the said marches or any of them, according to the first laws and customs of the said borders, none of the wardens of the same nor any other officer shall in any way take the redress of the goods and gear to be plundered and stolen from the doers and committers of the same for the satisfaction of the party plundered and spuilzied, but shall cause execute with all rigour the laws and acts of parliament made against thieves and their resetters and cause them be punished to the death according to their deserving, as they will answer to his majesty upon the discharge of their office. And also it is statute and ordained that if person whatsoever guilty or culpable of theft or reset of the same shall happen to be fugitive for the said crime and will in no way enter to the lieutenant warden or other officer to be appointed in the said border for pacifying of the same and administration of justice therein, the said lieutenant warden or other officer shall cause burn his house, put his wife and his bairns out of the same and make intimation of their disobedience at the market crosses of the shires, to the effect that the knowledge of the same may come to the whole inhabitants within the said sheriffdom; and our sovereign lord and estates declare that whatsoever person shall reset, supply or entertain the said fugitive persons, their wives, bairns or gear after the said intimation shall be culpable and guilty of his bygone offences and shall remain answerable to his highness and his officers for any offence to be committed by the said person fugitive thereafter; and this act to be extended as well to highland as border.
[1600/11/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, for eschewing of falsities and security of all the lieges, statute and ordain that in time coming all instruments of sasine, reversions, regress, bond or promises for giving of reversions or regress, discharges of reversions, assignations to reversions, intimations of the same, renunciations of wadsets and grants of redemption which shall not be registered in the books of council and session within 40 days next after the making and perfecting of the same (excepting always sasines of burgh lands held in free burgage, given upon resignation made in the bailies' hands according to the act of parliament) be inserted and registered in the registers presently appointed to that effect within the foresaid space of 40 days after they be perfected, otherwise to be null and to make no faith in judgement nor outwith and the said nullity to be received by way of exception, and the said registers for the greater ease of the lieges to be established in the particular places following: that is to say, one in the town of Kirkwall in Orkney for the whole inhabitants and lands lying within the sheriffdom of Orkney and Shetland, one in the burgh of Inverness for the sheriffdom of Inverness and Cromarty, one in the burgh of Elgin for the sheriffdoms of Elgin, Forres and Nairn, one in the burgh of Aberdeen for the sheriffdoms of Aberdeen, Banff and Kincardine, one in the burgh of Dundee for the sheriffdom of Forfar, one in the burgh of Perth for the sheriffdom of Perth and stewartry of Strathearn (excepting the stewartry of Menteith), one in the burgh of Stirling for the sheriffdom of Stirling, Clackmannan and stewartry of Menteith, one in the burgh of Cupar in Fife for the sheriffdoms of Fife and Kinross-shire, one in the burgh of Edinburgh for the sheriffdom of Edinburgh principal and constabulary of Haddington, one in the burgh of Linlithgow for the sheriffdoms of Linlithgow and Bathgate, one in the burgh of Lauder for the sheriffdoms of Berwick, Roxburgh, Selkirk and Peebles and bailiary of Lauderdale, one in the town of Hamilton for the sheriffdom of Lanark (excepting the burgh and barony of Glasgow) and one in the city of Glasgow for the barony of Glasgow and sheriffdom of Renfrew, one in the burgh of Dumbarton for the sheriffdoms of Dunbarton, Bute, Argyll, Arran and Tarbert, one in the burgh of Ayr for the sheriffdom of Ayr and bailiaries of Kyle, Carrick and Cunninghame, one in the burgh of Wigtown for the sheriffdom of Wigtown, one in the burgh of Dumfries for the sheriffdom of Dumfries and stewartries of Kirkcudbright and Annandale, or any other place or places more convenient as the keeper of the said registers shall think most expedient, due intimation being made to the lieges of the same; and the said evidents to be registered in the particular books appointed for each sheriffdom as said is and, to the effect the said office may presently and in all time coming be the more faithfully administrated, statutes and ordains the same to be annexed and incorporated with the office of secretary and the foresaid registers to be called the registers of the secretary in all time coming, and that the secretary present and to come have the said office as a proper part and pertinent of the said secretary, make and constitute particular deputes, one or more, for all the days of their lifetime or otherwise as he shall think expedient, in every one of the places foresaid of good fame, literature and conversation, for whom he shall be answerable and who shall be resident within the said town and burgh, ready at all times to receive from the parties their evidents and to register the same within the space of 24 hours next after the receipt thereof, and deliver to the presenter of the same their evidents marked by him, with the day, month and year of the registration and in what leaf of the book the same is registered, and shall take only for his pains the sum of 13s 4d as for the price of each leaf of his register, written on both the sides, and according thereto shall take proportionally for registering of every one of the said evidents; and the said registers to be filled by the said deputes to be marked by the secretary or his deputes to be appointed by him for that effect with a note of the particular number of the leaves that the same shall contain; and the said registers after the filling of the same to be reported to the said secretary to remain with him, and be patent to all our sovereign lord's lieges that shall have ado with the same, the extract of the which register shall have as great faith and strength as if the original were shown, unless the parties having interest to oppose against the said writs offer to improve the same by way of action or exception, in the which case the party purchaser of the said evidents and others having interest to defend the same shall be held to produce the principal and original, notwithstanding they be registered as said is, and that none of the said evidents to be of force, strength or effect to any intention but to be null and of no value unless the same be registered as said is. It is always provided by the tenor of this present act, for remedy of the negligence of parties, that if the principal writs marked and registered as is above-written be not lifted by the producers within the space of three months after they be marked and registered as said is, that the said clerks shall be no more accountable for them nor the writs produced reputed as registered, unless it may be sufficiently verified by authentic instruments the non-redelivery of them to have been in the clerks' default, and that letters of publication be directed hereupon in the appropriate form.
[1600/11/50]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is understood to the king's majesty and estates of this present parliament that by diverse acts of parliament, laws and constitutions heretofore observed all manner of English goods brought within this realm are and have been ever subject and in use of payment to his highness of a certain custom and duty properly appertaining to his majesty as a part of the patrimony of his crown, likewise also other sorts of cloth, silk stuffs and merchandise brought within this realm from foreign nations are by an act of his majesty's nobility, council and estates, of the date 13 May 1597, ratified and approved in the parliament held at Edinburgh in the month of December that same year, subject in the payment of a certain custom to his highness, and the merchant importers of the said goods ought not to unload, unpack nor dispose thereupon until the same be first entered, then marked and duly customed by the customs officials appointed thereto. Notwithstanding, the custom of the said goods is very much ignored, to the great hurt and discommodity of his majesty, in respect there is no seal appointed to be hung to the said goods according to the use and custom observed in other nations, whereby the customed goods could in no way be known by the goods on which no custom has been paid, and so by their confusion the merchant owners and importers of the said goods immediately after the arriving and coming of the said goods within this realm unload, unpack, sells and conceal the same and never offer nor present any part thereof to be customed according to the order, to the great prejudice of his highness. Which being now considered by his highness, his said nobility, council and estates, and they finding that by the want of the seal his majesty is and has been greatly defrauded of his customs, ordain therefore the whole customs officials within this realm to cause make and print a seal and stamp of seal containing two halves for every burgh and sea port within this realm where they are established customs officials, the one half thereof containing 'Jacobus Rex', with his highness's arms and crown, and the other half the name of the burgh where the same shall remain; which seal and stamp shall be applied to lead, being so struck and printed with the said stamp, shall be hung to every piece and length of cloth, silk and stuff of whatsoever nation that hereafter shall be brought within this realm by sea or land before the same be presented to open market, sold or any way disposed upon; and the one half of the said seal to be kept by the customs official and the other half by the clerk of the cocket, the owners of the said cloth, silks and stuffs, paying the custom thereof. And to the effect the cloth, silks and stuffs presently within this realm may be known and determined from that which hereafter shall be brought within the same, it is also decreed and ordained that the customs official of every burgh and sea port shall repair to the dwelling house and booths within every one of the same burghs and ports where they are particularly appointed customs officials and there receive the oaths of the owners of such pieces and lengths of cloth, silks and stuffs as are therein, whether the same has paid the custom thereof or not; and such as have not paid custom that the same be then instantly paid and the said seal, in taking thereof, hung thereto and to all the other pieces and lengths which shall be apprehended within the said booths and houses whereof the custom has been paid of before, upon the expense always of the said customs official; and that the owners of the said cloth and stuffs require the customs officials within every burgh and part particularly to repair to their said booths and houses to this effect within 14 days after the publication hereof, and further to do and perform all other things which to every one of them is appointed to be done in manner foresaid, under the pain of confiscation of all the pieces and lengths of cloth and stuff that shall be apprehended thereafter wanting the said seal, and that no manner of importers of the said cloth, silk and stuff within this realm in time coming presume nor take upon to sell nor dispose upon the same nor any part thereof to the time the same be presented to the customs officials within the custom house, the custom thereof paid and the said seal, in taking thereof, hung to every particular piece of the same as said is, under the pain of escheating of the same; certifying them and those who fail that all and whatsoever lengths and pieces which shall be apprehended wanting the said seal shall be confiscated and intromitted with to his majesty's use as escheat with all rigour and extremities in example of others, and that letters of publication be directed hereupon through which none pretend ignorance of the same.
[1600/11/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering how that his majesty's subjects inhabiting the north part of this realm are often drawn in great inconveniences by sundry charges directed against them, sometime for finding of labourers or compearing before his majesty and his council upon a simple charge of six days, so that by the shortness of time and impossibility to them to satisfy the said charges within six days in respect of the far distance of the place of their residence from the burgh of Edinburgh they are often put under the danger of horning, whereas if they had convenient time granted to them there would not be such disobedience of such great numbers of his majesty's subjects; for remedy whereof, it is statute and ordained that no letters of horning shall be directed against any persons dwelling to the north of the water of Dee upon a shorter space than 15 days at any time hereafter, and the hornings to be used against any of the said persons upon a shorter space than 15 days shall be null and of no value.
[1600/11/52]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates of parliament, considering the manifold indignities from time to time done to his majesty by a number of undutiful and irreverent subjects who, to the contempt and dishonour of his majesty, make frequent quarrels and seek the commodity to revenge their particular quarrels within the burgh of Edinburgh and the Canongate and other parts adjacent to the place of his highness's residence, not sparing sometime at his majesty's own back to use their private revenge, to the hazard and perilling of his highness's most noble person; likewise diverse persons under pretence of their own defence repair and resort within his majesty's palaces armed with jaks,† secrets or corslets under their doublet and coats, through which it is to be feared that certain evil disposed persons under colour of their own defence may attempt some enterprise against his majesty or his domestics; for remedy whereof, and eschewing of the inconveniences that hereupon may ensue, it is statute and ordained that whatever person of what estate, quality or degree he be of shall presume or take upon hand at any time hereafter to invade or pursue any of his majesty's subjects within any part of this realm within a mile to the place of his highness's residence and remaining for the time, or who shall resort and repair within his majesty's palaces or any part of his residence armed with jaks, secrets or corslets under their coats, doublets or otherwise, that the said makers of the said quarrels and combats, after due trial that they were the first assailants, as also the said persons repairing armed within his majesty's house as said is, shall be taken, apprehended and warded for a year and a day and further until they settle with his majesty for their liberty according to his highness's good pleasure.
[1600/11/53]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, considering the long, true and thankful service done to his majesty these 24 years bygone by his beloved and domestic servant Sir Patrick Murray of Geanies, knight, gentleman of his majesty's chamber, not only in his daily and continual attendance upon his highness's most royal person during the space foresaid but also in his most faithful and diligent administration of his majesty's private and public affairs committed to his charge, and namely in the quieting and pacifying of diverse rebellions and seditions within the north part of this realm and reconciling of diverse great deadly feuds standing between diverse of his majesty's nobility, barons and gentlemen which were likely to have inflamed and burnt up the whole bowels of this country if his majesty, by the special providence of God, had not prevented the same by directing and employing of the said Sir Patrick to travail earnestly with the said parties for taking away of the said deadly feuds, in which his travail has succeeded so happily that the whole nobles, barons and gentlemen for the most part within the north are reconciled together by his singular care and diligence, to the great contentment of his majesty and common peace and quietness of the whole realm. Therefore his majesty and estates foresaid, considering the said Sir Patrick's service to have been very profitable to his majesty and to the whole lieges of this realm, have ratified and approved and by the authority of this present parliament ratify and approve the infeftment made by his majesty to the said Sir Patrick, his heirs and assignees of all and whole the barony of Geanies, comprehending the particular lands, teinds, mills, woods, fishings and others therein contained in all the heads, articles, clauses, provisions, conditions and all other circumstances thereof, with the erection of the same in a free barony to be called in time coming the barony of Geanies, for the yearly payment of the feu duty mentioned therein, which is of the date 1 February 1597 [1598], with his sasine following thereupon; and find and declare that the same is and shall be in all time coming a sufficient, lawful and effectual infeftment to him, his heirs and assignees for possessing and enjoying of all and sundry the said lands, woods, mills, fishings, with tenants, tenancies and service of free tenants particularly specified therein, and that the conversion of victual, custom and other duties in money mentioned in the said infeftment is no diminution of the rental of the said land, but that it was, is and shall be permissible to his majesty to have converted and to convert the ferms, victual, customs and other duties of the said lands in the said silver duty specified and expressed in the said infeftment notwithstanding of whatsoever acts of parliament or constitutions made or to be made in the contrary, and specially notwithstanding of the act of parliament made upon 10 December† 1585 ordaining all beneficed persons to leave their benefices as good as they find the same and discharging them of all conversion of victual in money; and also notwithstanding of the act of annexation of kirk lands to the crown nor any clause or condition therein contained, and of the act of parliament made in the year 1597 annulling all infeftments of feu ferms of feued lands, with the which acts and all other laws and constitutions which may be prejudicial to the said infeftment in any way his majesty, with advice foresaid, expressly dispenses and makes express derogation to the same in all times coming by this act. Moreover, his majesty, in consideration of the said Sir Patrick's most worthy service above-mentioned, and to give him the better occasion to continue therein, with advice foresaid, has suppressed and suppresses the monastery and abbey of Fearn to which the said lands were annexed as a part of the patrimony thereof, with the whole order of monks, friars and canons of the same. And to the effect the said Sir Patrick may be provided with a perfect and sufficient security and heritable title of the said lands, barony, mills, woods, teinds, fishings and others contained in his said infeftment, and that the said infeftment made to him already may be the more effectual and that his majesty, with advice foresaid, may convey the new infeftment underwritten of the said lands, barony and their pertinents, his highness, with advice and consent of the said estates, has dissolved and by the tenor of this present act expressly dissolves all and whole the said lands, baronies, mills, multures, teinds, fishings, with tenants, tenancies and service of free tenants and all others particularly mentioned in the said infeftment, from the annexation of kirk lands to the crown, to the effect his majesty may set the same of new again in feu ferm to the said Sir Patrick, his heirs and assignees, for the payment of the said yearly feu duty specified in his former infeftment made to him thereupon; and finds and declares that it shall not only be permissible to his majesty to set the same lands and barony and others above-specified to the said Sir Patrick, his heirs and assignees in feu ferm for the yearly payment of the feu duty contained in his said infeftment of the same and to convert the victual, kanes, customs and other duties of the said lands in money in the same way and as freely as any prelate or ecclesiastical person might have done before the making of the said act of parliament in the said year of God 1585, as that the said conversion of the victual and customs in money is no diminution of the rental of the said lands, but also that his majesty may interpose the said Sir Patrick, his heirs and assignees as superiors to all and sundry the feuars of any part of the said lands who had obtained and purchased sufficient feus and infeftments of the same duly and lawfully confirmed before the said act of annexation, and that notwithstanding of the said act of annexation and of the said act annulling the infeftments of feu ferm of feued lands or of any laws or constitutions made in the contrary. And also his majesty, for the said Sir Patrick's better security of the said lands, with consent foresaid, ordains a new infeftment to be made under his highness's great seal giving, granting and conveying to the said Sir Patrick, his heirs and assignees heritably in feu ferm all and whole the said lands, mills, woods, fishings and others after-mentioned, namely: the manor place of Fearn, called of old the monastery or abbey of Fearn, with houses, buildings, yards, orchards, wards, meadows, parts, pendicles and all their pertinents, the lands and mains of Fearn with their pertinents, the towns and lands of Easter and Wester Fearn with their pertinents, the mill of Fearn with the mill lands, astricted multures and all their pertinents, the ridge of Fearn, upon the east side of the mains of Fearn, with their pertinents, the kiln of Fearn with the pertinents, the lands of Badfearn with the pertinents, the lands of Invercarron, with the alehouse croft of the same and their pertinents, the lands of Downy and Downy Wester, with the alehouse croft thereof and their pertinents, the lands of Muldarg with the teinds thereof included and their pertinents, the lands of Kirkidaf with their pertinents, the lands of Knokadae with the pertinents, the lands of Mylntoun with the teind sheaves of the same and their pertinents, the lands of Balmochre and Balmuchy with the teind sheaves thereof and their pertinents, the lands of Middilgray with their pertinents, the lands of Pitcorne and Pitchene with the pertinents, the lands of Easter Ganie, Midganie and Wester Ganie with the pertinents, the lands of Meikle Ranie with the pertinents, the lands of Ballowblair, with the alehouse and teind sheaves of the same, with the pertinents, the lands of Dowcroft with the teind sheaves and their pertinents, the lands of Brighouse with the alehouse and teind sheaves of the same and their pertinents, the lands of Mylncroft with the teind sheaves thereof included and their pertinents, the lands of Weitlandis with the teind sheaves of the same, together with the fishing of Bruach and their pertinents, the lands of Cadboll-Fisher with their pertinents, the lands of Bathleweth with their pertinents, the lands of Tulloch with the teind sheaves thereof included and their pertinents, the lands of Lachlavege and the alehouse croft thereof with their pertinents, the lands of Little Rany, the lands of Aydowie with the pertinents, the lands of Annollie with their pertinents, the lands of Rallony with their pertinents and four alehouses in Fearn with their pertinents, the lands called Smythislandis or Smythiscroft, with the teind sheaves thereof and their pertinents, the Barncroft with the pertinents, the croft called Robesones croft with the pertinents, the croft called Balnafcrath, the cottars' portions and eight acres of land occupied by the fishers of Fearn, with the teind sheaves thereof and their pertinents, the lands of Cullen with the teind sheaves and their pertinents, the lands of Amott with the pertinents, the fishing of Bonacher with the pertinents, together with houses, buildings, yards, mills, multures, woods, fishings, wards, meadows, muirs, marshes, tofts, crofts, outsets, parts, pendicles, annexes, connexes, tenants, tenancies and service of free tenants of all and whole the foresaid lands and others whatsoever, as well generally as particularly above-written, with all their pertinents, lying within the sheriffdom of Inverness. Ordaining all and whole the said lands and others above-expressed to be erected in a free barony to be called in all time coming the barony of Geanies, and with power to him and his foresaids to reduce, quarrel and impugn all and whatsoever infeftments, feus, tacks and assedations of the said lands and others above-mentioned which are not lawfully set according to the laws of this realm, according to the privileges and conditions of his said former infeftment granted to him thereupon, to be held of our sovereign lord and his successors in feu ferm heritably for the payment yearly to his majesty, his highness's successors and others having right to the feu mails of the said lands the feu ferm duties particularly after-mentioned, namely: the sum of £215 15s 7d usual money of this realm at two terms in the year Whitsunday [May/June] and Martinmas [11 November] by equal portions, 30 chalders, 6 bolls, 2 firlots, 2 pecks of barley; 1 chalder, 6 bolls of oats yearly between Yule and Candlemas [2 February], 54 mutton, 5 cows, 24 dozen capons, a dozen poultry, 20 loads of turf, 20 loads of straw, 60 loads of peat, 14 loads of fir, together with the hens used and wont and all other duties and services contained in the said old rental of the said lands at the yearly terms thereof used and wont, or else the sum of 4 merks for each chalder of the said barley and oats, the sum of 6s 8d for each mutton, the sum of 20s for each cow, the sum of 18s for each dozen capons, the sum of 12s for each dozen hens, the sum of 8s for each dozen poultry, the sum of £12 for each load of turf, the sum of 2s for each load of straw, the sum of 8d for each load of peat, the sum of 2s for each load of fir, at the option of the said Sir Patrick, his heirs and assignees, extending in the whole to the sum of £405 2s money foresaid, together with 20s in augmentation of the rental.
[1600/11/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, calling to remembrance that his trusty and well-beloved cousin and councillor John, marquis of Hamilton, commendator of the abbacy of Arbroath, is nearly descended of his majesty's blood and that the late James [Hamilton], duke of Chatelherault, governor of this realm during the age popular of [Mary], our said sovereign lord's dearest mother, faithfully and truly discharged the duty of his office to the well of his highness's realm and subjects thereof, and also that for the defence of the liberties of the same, troubled by strangers, the said duchy of Chatelherault (the rent whereof surmounted by year the sum of 30,000 franks) wherein he was heritably invested was taken from him and his posterity for assistance given by him to the removing of strangers and foreigners out of this realm. And our sovereign lord, being also well remembered of his constant and well affectionate abiding with his said late dearest mother in many of the troubles and afflictions wherein she fell, to his great damage and hurt in the banishment of himself and his bairns, the want of all their rents and livings for many years, beside the loss of the lives of a great number of his honourable friends in her quarrel; as also our said sovereign lord considering the promptitude and readiness of the said John, marquis of Hamilton, to his highness's service at all times heretofore, not only as a private person but in many and diverse commissions of lieutenancy given to him at diverse times in his highness's less age as the necessity of the realm required, with a continual perseverance of his earnestness and zeal to take away all dissentions and seditions that appeared to rise within this realm and so far as in him lay to unite all his majesty's subjects to his highness's obedience, but our sovereign lord, remembering most specially his faithful and careful attendance upon his majesty's person at sundry perilous times, and having lately given a manifest token to please his highness and to accomplish his majesty's will and desire in delivering to his highness of the castle of Dumbarton, to the which he was appointed keeper by his majesty and three estates of parliament, his highness has lately provided Lord James Hamilton, son lawful to the said John, marquis of Hamilton, to the abbacy of Arbroath, as well temporality as spirituality, teinds, fruits, rents, emoluments, profits and duties, whole kirks, parsonages, vicarages and patrimony of the same, with all pendicles, annexes and connexes thereof, by demission entails made by the said John, marquis of Hamilton, thereof accepted and received by our said sovereign lord, reserving always to the said John, marquis of Hamilton the said abbacy of Arbroath, as well temporality as spirituality, teinds, fruits, rents, emoluments and duties, whole kirks, parsonages, vicarages and patrimony of the same with all pendicles, annexes and connexes thereof during his lifetime and with full liberty and freedom to possess all dignities, honours and pre-eminences pertaining to the said abbacy and benefice thereof and to set tacks and assedations of the rent and patrimony of the same for short space or long and to use the whole rights and commodity of of the superiority of the temporality thereof and all profits, casualties and accidents appertaining thereto, or to the said abbacy in any way, in the same way and as freely as he might have done before the demission and resignation made by him following thereupon, as in the said provision passed and expedited under our said sovereign lord's great seal at more length is contained; which provision, reservation, liberties and all heads and circumstances therein contained our said sovereign lord, for his highness and his successors, with advice of the estates of this present parliament, ratifies, approves and confirms. Moreover, our said sovereign lord and estates of this present parliament, for the causes foresaid, will, grant, decree and ordain that by the said Lord James's provision to the said abbacy in manner foresaid he shall in no way be subject in payment of the first year's fruits of the said abbacy nor of the fifth penny thereof during his lifetime notwithstanding of the act of parliament astricting the persons to be provided to prelacies in the payment of the fruits of the first year and in the fifth penny of all years thereafter; and also that the said Lord James's provision foresaid shall stand in full force, strength and effect to him during his lifetime notwithstanding of whatsoever act of parliament, law or constitution of this realm made against the provision to benefices by the demission of the possessor, with reservation of the possessor's liferent, and specially notwithstanding of the act made in the month of May 1584 and also notwithstanding of the general act of annexation of the kirk lands of this realm to the crown, with the which acts respectively foresaid and all other statutes, ordinances and acts of parliament that in any way may detract or impede the full force and effect of the said provision or may make the said Lord James to be subject in payment of the first fruits and fifth penny in manner foresaid our said sovereign lord and estates of this present parliament, for the causes foresaid, of their special knowledge and proper motive, have dispensed and dispense by this act, and further our said sovereign lord and estates of this present parliament, for the causes foresaid, will, grant, decree and ordain that the said Lord James Hamilton, by virtue of his provision foresaid to the said abbacy, shall possess and enjoy the same, both temporality and spirituality, whole fruits, rents, teinds, emoluments, profits and duties of the same, the third thereof being excepted pertaining to our said sovereign lord, and that the said third shall be paid in all time coming according to the quantity mentioned in the assumption contained in the lords' decreet of the date at Edinburgh, 3 March 1597 [1598], and in the accounts of the collector of the said abbacy since the year of God 1561; and that the said Lord James during his lifetime shall not be subject nor burdened in payment of any greater third of the said abbacy than is contained in the said decreet and accounts nor in payment of any pensions conveyed to whatsoever person or persons out of the third of the said abbacy exceeding the just third thereof mentioned in the said decreet and accounts foresaid.
[1600/11/55]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and for his highness and his successors perpetually confirm the charter and infeftment under the great seal granted by his majesty after his highness's perfect age of 25 years complete and general revocation made in parliament, with advice and consent of his highness's comptroller for the time, to his majesty's right trusty cousins Dame Annabelle Murray, countess of Mar, her heirs and assignees heritably of all and whole the heugh and brae of Parkhill of Stirling, now called the Haining, with the pertinents, lying between the park dyke called the march dyke on the east, the circuit of the yard or orchard on the south, the east part of the burn of the Spoutwall ascending to the Cowgart under the Parkhill on the west, and ascending by the Parkhill crag to the ground of the old wall on the south part of the said passage, and so to the said noble lady's yard on the north parts, to be held of our sovereign lord and his successors in feu ferm and heritage forever, as at more length is contained in the said charter of the date 29 August 1588, together with the instrument of sasine following thereupon, and all and sundry heads, articles and clauses specified and contained in the said charter and instrument of sasine; and that this act of parliament be a sufficient security for possessing and enjoying of the foresaid lands according to her said infeftment, for the yearly payment of the duty specified therein.
[1600/11/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the act of convention underwritten made in favour of his highness's right trusty cousins Dame Annabelle Murray, countess of Mar, elder, finding, declaring and testifying that she and her servants who assisted and accompanied her in all the proceedings of her past service and performing the tutelage and preservation of his majesty's own person during his minority and of his dearest son the prince has done to his majesty and the whole country true, thankful, worthy and good service without blemish, negligence or reproach, and duly accomplished her charge since the acceptance thereof to the full liking, satisfaction and contentment of his majesty, his council, estates and of all his good subjects, and therefore ratifying, allowing and approving all the said proceedings in the charge above-written and exonerating and relieving her of all further attendance upon the charge of keeping of the said prince in time coming, promising in the word of a prince to cause the said act be ratified by his estates in parliament. And because the commodity has not been presented to his majesty to gratify and reward said cousins as she has worthily merited and as his highness is most willing to see be done, and in case it shall happen (as God forbid) that she be prevented by death before some occasion of her reward be offered, his majesty, with advice of his council and estates, faithfully permitted in the word of a prince to give and convey to Mary Erskine, daughter lawful to his highness's right trusty cousin, John [Erskine], earl of Mar, such honourable and worthy reward and remembrance as the past worthy service of his said cousins has merited, to be as freely and liberally extended to the said Mary as if his highness's said cousins were alive and that out of his majesty's readiest casualties or otherwise as the occasion shall present, so that always the worthy actions of his said highness's cousins shall not be forgotten nor unthankfully remembered, as the said act of secret council and convention of the date 14 December 1599 more fully contains, and all and sundry heads, articles and clauses specified in the said act.
[1600/11/57]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the infeftments, rights, titles and securities made by his highness and his most noble progenitors of worthy memory to his highness's well-beloved Sir James Scrimgeour of Dudhope, knight, and his predecessors of the heritable office of the bearing of his highness's banner in all the points, articles and clauses thereof, and will and grant and, for his highness and his successors, decree and ordain the said ratification and confirmation to be as good, valid and effectual as if all the said infeftments, rights and securities were at length registered and inserted hereinto, regarding the omission whereof his highness, with advice foresaid, dispenses by this act and finds and declares that the said Sir James Scrimgeour of Dudhope, knight, and his male heirs had and has the only and undoubted heritable right of the said office and of the bearing of all his highness's banners, standards, pennons, flags, ensigns, other signs and tokens of battle and war of whatsoever colour, shape or fashion both on horse and foot that have been displayed or shall happen to be displayed before his highness and his successors at any time hereafter; and therefore, and for good, true and thankful service done by the said Sir James and his predecessors to his majesty and his most noble progenitors and to be done to his highness and his successors, his highness, with advice foresaid, has of new given, granted and conveyed, and by the tenor of this present act, gives, grants and conveys to the said Sir James Scrimgeour of Dudhope, knight, and his said male heirs bearing the surname and arms of Scrimgeour the foresaid office, with all honours, lands, fees, duties, privileges and immunities belonging thereto and expressly annuls and discharges all and whatsoever infeftments, rights, titles and securities purchased by any other person or persons of the said office or any part thereof without consent of the said Sir James and his foresaids, and declares the same to be of no force, strength nor effect in time coming.
[1600/11/58]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for certain good respects and considerations moving them, ratify and approve the gifts and provisions of the abbacies of Coldingham and Jedburgh granted by his highness to Alexander, lord Home in all and sundry points, heads, articles, clauses and conditions contained therein, after the forms and tenors thereof, and decree and declare the same to be good and lawful rights and provisions to him for possessing and enjoying thereof during his lifetime, notwithstanding of whatsoever act, law, statute or constitution made or to be made in the contrary, dispensing therewith by this act; and because the time of the first giving up of the rentals of the said benefices the same were in the old integrity and were able to pay the old assumed thirds thereof which they are not now able to bear, his provisions thereof being no further extended but to the spirituality of the same, which for the most part is set in long tacks, great pensions given out of the same, many monks' portions evicted forth thereof and the whole temporality annexed to the crown, through which our said sovereign lord and the ministry are defrauded of the payment of the sure third, and the said Lord Home is heavily charged and troubled with payment of the old assumed third, which the rents of the spirituality of the said benefices are in no way able to pay, sustain and bear; therefore his majesty, with advice foresaid, has given, granted and committed and by this act gives, grants and commits full power and commission to [Sir Thomas Lyon of] Auldbar, [Sir Thomas Hamilton of Drumcairnie], lord advocate, [John Bothwell, abbot of] Holyroodhouse, [Master John Preston of Penicuik], lord collector, and [David MacGill of] Cranstoun-Riddel, or any three of them jointly, to try the value of the present estates of the said benefices and rents of the spirituality thereof, and according thereto to make a new just third of the free duties of the same; which third so received and made, his majesty, with consent foresaid, decrees and ordains to be registered in the clerk books of the collector and ordains the assignation to be given forth yearly in time coming according to the new third and no otherwise, notwithstanding any old assumption of any third given up of the said benefices in any time bygone, which his majesty, with consent foresaid, ordains to have no force, strength nor effect in time coming.
[1600/11/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, remembering the long, true and thankful service done to his highness by his familiar servant and councillor Master Peter Young of Seaton, his highness's master almoner, as well in his highness's education as in sundry legations to diverse princes to the benefit of this realm, and continual attending on his highness's person almost since his majesty's birth; therefore his highness and estates of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm all gifts of pension, rights, titles and securities whatsoever made to the said Master Peter, his spouse or bairns or any of them at any time of before either by his majesty's self or any other person or persons, as likewise ratify and approve all acts of parliament and ratification in parliament made of before in favour of the said Master Peter, his spouse and bairns, and declare that all feus, pensions, dispositions, interchanges and alterations thereof whatsoever made to him and his foresaids of before shall never be quarrelled by whatsoever act, statute, ordinance or constitution made in this parliament, but the same to stand in their own strength, force and effect, notwithstanding of whatsoever act, statute or ordinance made in this present parliament, or in any parliament or conventions heretofore, which in any way may derogate or prejudice him and his foresaid rights, as if the same were expressly excepted and reserved out of the said acts, statutes and ordinances of this present parliament. And also our said sovereign lord and estates of parliament have of new given, granted and conveyed to the said Master Peter and his foresaids their said pensions, rights and titles thereof mentioned in the said acts, and declare the same to be as sufficient as if the said pensions were expressed herein, discharging also the said lords commissioners present and to come appointed for modifying of ministers' stipends of all assignation of the said pensions or any part thereof to any ministers or any other person or persons in time coming; and likewise discharge the lords of his highness's session and exchequer of all granting of letters of allowance thereof or of any part of the same to any minister or any other persons hereafter and of all troubling of the said Master Peter and his foresaids in the peaceable possessing, enjoying and uplifting thereof; and declare and decree all such assignation, if any shall happen to be made in time coming of the said pensions, to be null in the self and of no value, force nor effect hereafter.
[1600/11/60]*[print] [email] [cite] [preceding] [following]
Regarding the supplication given in to our sovereign lord and estates of this present parliament by James Wemyss of Bogie and Master John Moncreiffe of Easter Moncreiffe, making mention that where during the absence of the late John [Ruthven], earl of Gowrie, out of this realm, the said James and Master John had the government and management of his whole rents, living and affairs, and in the meantime, by their industry and diligence, relieved diverse great burdens with which the said late earl's living was thirled. And now the whole benefit of the good and faithful discharge of their duty (in respect of the said late earl's horrible treason committed against our sovereign lord at Perth, 5 August last) redounds to his majesty, seeing his whole lands and living are become in his grace's hands, and it was against conscience and equity that the said James and Master John's well doing and faithful discharge of their duty should redound to their hurt and prejudice; and true it is that they are burdened with the sum of 1,100 merks for furnishing advanced by John Robertson, merchant burgess of Edinburgh, to the said late earl and with the sum of 10,800 merks furnished and advanced by Robert Jolie, merchant burgess of Edinburgh, for the said earl's provision, furniture and charges in his returning to this country, whereof received by the said Robert Jolie 2,300 merks, together with the sum of 5,000 merks resting owed to Sir John Gordon of Lochinvar, knight, as for a part of the said earl's sister's tocher, and to a right noble and potent lord, John [Graham], earl of Montrose, chancellor, the sum of 3,000 merks as for the rest of the Master of Montrose's tocher, and with the sum of 500 merks resting owed to certain merchants of Edinburgh furnished by them to the said earl's sisters who were in service with her majesty, which are all true, honest and necessary debts, so that of all equity the said James and Master John ought to be relieved thereof; therefore beseeching our sovereign lord and estates foresaid seeing there is a great part of the said late earl's rents and ferms of the crop and year of God 1599, and the whole ferms of his whole lands and living of the crop and year of God 1600 are yet extant in the tenants' hands and resting owed that the said James Wemyss and Master John Moncrieff may be relieved of the first end of the same, notwithstanding of whatsoever arrestments made or to be made at the instance of whatsoever person or persons, whether the same be written decreets or otherwise; and that the payment to be made to them by the tenants and payers thereof may be a sufficient exoneration and discharge to them, they producing the said James and Master John's acquittance thereupon so far as the said sums extends to, and to that effect that letters may be directed at their instance to charge the said tenants as well of the earldom of Gowrie, lordship of Ruthven, abbacy of Scone as whatsoever other person or persons astricted to pay to the said late earl whatsoever duty, whether the same be teind or otherwise, and that upon a simple charge of [...] days only under the pain of horning, and in case of disobedience to denounce, and as at more length is contained in the said supplication; which being at length read, seen and considered by his majesty and estates and they therewith being ripely advised, our sovereign lord and estates of this present parliament find, decree and declare that the said James Wemyss of Bogie and Master John Moncrieff ought to be relieved of the foresaid debts contracted by them for the said late John, earl of Gowrie in manner foresaid and that of the first end of the said late earl's rents and ferms resting owed not taken up of the crops and years of God 1599 and 1600, notwithstanding of whatsoever arrestments made or to be made at whatsoever persons' instances thereupon, and that the payment to be made to them by the tenants and payers thereof shall be a sufficient exoneration and discharge to them, they producing their acquittance thereupon so far as the same sums will extend to. And concerning the quantity and verity of the foresaid debts, manner of payment thereof and out of what special lands and rents pertaining to the said late Earl of Gowrie the same shall be paid to them, his majesty and estates remit the same to the secret council to take order therewith as reason and equity requires and to make the said James and Master John to be paid thereof for their relief in manner foresaid.
[1600/11/61]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament statute and ordain that no thirds of the priory of St Andrews be assigned at any time hereafter in favour of any other ministers except only the ministers serving the cure of the kirks belonging to the same where the assignation is made, to the effect Ludovic, duke of Lennox, prior of St Andrews, be not held nor burdened to sustain any other ministers than serve the kirks of the said prelacy, annulling any whatsoever assignation made to any minister not of the priory; and that because there is yet unprovided certain of the kirks of the priory of St Andrews not provided, which kirks his majesty and estates decree and ordain the said Ludovic, duke of Lennox to plant and provide with sufficient stipends.
[1600/11/62]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the infeftment granted by his majesty under the great seal to his grace's familiar and trusty servant Sir George Home of Spott, knight, of the date 1 July 1598, of the donation, creation and erection of the town of Greenlaw, lying within the sheriffdom of Berwick, in a free burgh of barony for ever, with all privileges, freedoms, liberties and immunities whatsoever given and granted in favour of the bailies, council, community and inhabitants thereof; and decrees and declares the same to have effect in all points, clauses and conditions after the form and tenor of the same in all time coming.
[1600/11/63]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the infeftment of feu ferm granted by his majesty to Patrick Leslie of Pitcairlie, his male heirs and assignees, of the lands and lordship of Lindores in all and sundry heads, clauses, articles and conditions thereof as is contained in the said charter; and declare and ordain the said infeftment to stand and to be an effectual right and security to the said Patrick and his foresaids in all time coming regarding all things contained therein.
[1600/11/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding the great prejudice sustained by the lieges of this realm where the judgement seats of sheriffs and other judges are not so commodious neither in building nor in situation as the sheriff, other judges and their deputes may conveniently sit nor the parties may resort thereto, and specially that the sheriff of the Mearns, alias Kincardine, and his deputes have been in use these many years to sit at Kincardine, where there is neither a tolbooth nor any house to parties to lodge into for their entertainment, nor yet is the place in the midst of the shire, whereby the lieges within the said sheriffdom are greatly damnified; for remedy whereof, it is statute and ordained that the sheriff of the sheriffdom of Kincardine in all time to come shall sit and hold their courts at Stonehaven, as most fit and convenient to them and to the whole lieges within the shire, and that all precepts to be directed shall be to warn all parties within their jurisdiction to compear to pursue and defend in their courts at Stonehaven in all time hereafter.
[1600/11/65]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates in parliament, considering the frequent contentions and debates that fall out between noblemen at the parliaments and general conventions regarding the priority in places and voting, for removing of all such occasions of controversies and disagreements hereafter, have given and granted commission to the lords of his highness's secret council, there being present for the time six of their number who are earls and lords, to convene in Holyroodhouse, 12 February next, and there to determine and conclude regarding the priority of the place of every nobleman within this realm. And in case of the compearance of any noblemen or any in their name to produce their infeftment and evidents for instructing of the said commissioners, that they shall receive the same and hear the allegations of all parties compearing, and give forth their determination according to justice as they will answer to God and his majesty upon the discharge of their offices. And whatever be determined by them it is declared that the same shall have as great strength, faith, force and effect as if it were concluded in this present parliament. And therefore it is appointed, to the effect that none of the said nobility shall think themselves hereby prejudiced by the ignorance of this present commission, that this commission be duly published at the head market crosses of this realm and other places needful that between now and the said day appointed in the said commission they may either by themselves or others in their names produce such testificates of their antiquities as may inform the said commissioners; with certification that after the expiring of the said day the said commissioners, notwithstanding of their absence, shall proceed and give forth their declarator as well regarding the presents as absents under the penalty above-specified.
[1600/11/66]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates in parliament, considering the benefit that will ensue to the commonwealth by the retaining of the wool within this realm and by the working of the same by the lieges of this country, how the country will be thereby very far enriched, his majesty's customs augmented and a great number of the idle and poor people put to work, have therefore given and granted commission to the lords of his highness's privy council, having adjoined with them the commissioners of six of the principal burghs within this realm, to convene at such time and place as they shall think most expedient and there advise, conclude and determine all such things as to them shall be thought most fit for the advancing of the said work, whose conclusions are declared by this commission shall be of as great strength, force and effect as if they were concluded in this present parliament. And also it is appointed by the said estates that the said commissioners shall take such order with his majesty's customs as the same may be employed to his majesty's greatest profit and with the least hurt and detriment of the subjects.
[1600/11/67]*[print] [email] [cite] [preceding] [following]
The which day, in presence of the king's majesty and estates of parliament, compeared personally a noble and potent lord John, marquis of Hamilton, and gave in to his highness and estates foresaid this article underwritten, of the which the tenor follows: Our sovereign lord, for the good, true and thankful service done by his right trusty cousin and councillor John, marquis of Hamilton, and usufructuar of the abbacy of Arbroath, and also acknowledging how far his majesty is obliged to show himself a favourable prince to the house of Hamilton upon their good deserving at all times, but specially remembering how in the parliament held at Edinburgh, 29 July 1587, at the general annexation of the kirk lands to the crown, his majesty, with advice of his estates, statute and ordained that the said John, then lord and now marquis of Hamilton, commendator of the said abbacy, should possess the fruits, profits and duties of the said abbey during his lifetime in the same manner as he did before it. In the same ordinance of parliament the profits and feu ferms of the lands of Crachie and mill thereof, the lands of Tullois and Corston, feu ferms and duties of the same were excepted to our said sovereign lord to be conveyed by his majesty at his pleasure always. By the said act of parliament it was ordained that the said John, marquis of Hamilton should be recompensed thereof the profit of the foresaid lands and mill extending yearly, which the said John, marquis of Hamilton has wanted continually since the said annexation without any recompense given thereof and will want the same in time coming if his majesty and estates of this present parliament provide not remedy. Therefore our said sovereign lord, with advice of the estates of this present parliament, for diverse good causes moving his majesty and also for recompense of the ferms, profits and duties of the foresaid lands of Crachie and mill thereof, lands of Tullois and Corston, has given, granted and conveyed and by the tenor of this present act gives, grants and conveys to the said John, marquis of Hamilton, usufructuar of the said abbacy, during all the days of his lifetime and after his decease to James Hamilton, his lawful son, who is provided to the said abbacy for all the days of his lifetime, reserving and etc. all and sundry the monks' portions of the said abbacy of Arbroath who have deceased since the year of God 1560 or shall decease in any time hereafter; with power to the said marquis and after his decease to the said James to intromit with, take up and receive the said monks' portions and convey thereupon at his pleasure. And it shall not be permissible to our said sovereign lord or his successors to attribute any monks' portion or in place thereof any pension upon the said abbey during the lifetimes of the said John, marquis of Hamilton or the said James, his son, or either of them that may burden the said abbacy in any manner of way. As also our said sovereign lord and estates foresaid ordain a special gift to be made hereupon under the privy seal and to be extended with all clauses needful and that this present act shall be a sufficient warrant to the seal for extending of the same. And also regarding the supplication given in to his highness and estates foresaid by Sir Thomas Lyon of Auldbar, knight, making mention that where he has by gift and disposition of our sovereign lord the whole monks' portions of the abbacy of Arbroath, whereupon he has obtained a decreet before the lords of council and session and through which he has undoubted right thereto of all years and terms past and in all time coming during the lifetime of the said commendator of the said abbey; nevertheless, as the said Sir Thomas is informed, John, marquis of Hamilton, commendator of the said abbey, intends by some private means to procure the annulling of all gifts and dispositions of the monks' portions of the said abbey by virtue of a private act of parliament to be made in his favour relating thereto, which of equity and reason cannot be granted to him seeing the said Sir Thomas has a particular right authorised by the lords' decreet in manner above-specified in and to the said monks' portions, and the same can in no way be taken away unless the said Sir Thomas were specially called and heard to reason upon his said right; therefore desiring his majesty and estates that before all reasoning, consulting or voting regarding the said article of annulling of monks' portions that he may be heard to produce his rights and give in his reasons before our sovereign lord and estates wherefore the same should not be granted, as at more length is contained in the foresaid article and supplication. The which being at length read, seen and considered by his majesty and estates and they therewith being ripely advised, our sovereign lord and estates of this present parliament have remitted and by the tenor hereof remit the article and supplication above-written and decision thereof to the next parliament, to be decided between the said parties by the said estates according to justice; and in the meantime until the decision thereof by the said estates in parliament as said is discharge both the said parties of all troubling, pursuing or molesting of the feuars, tenants and possessors of the lands and teinds where out of the said monks' portions of the abbacy of Arbroath should be uplifted and also suspend all their rights, letters and charges used or to be used by them or any of them and decree the same effect and extension thereof to cease in the meantime.
[1600/11/68]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, understanding the lands and isles of Lewis, Rona-Lewis, Ilandschant, Trotternish, Great Bernera, Little Bernera, Iland Flannes, two Lunyng Islands, with all and sundry other lands and islands, parts, pendicles and pertinents thereof pertaining and belonging thereto, being a part of his majesty's property lying in the lordship of old called the lordship of the Isles, his majesty and his most noble progenitors of worthy memory have ever been most careful and petitioned to reduce the possessors and inhabitants thereof to his majesty's obedience, which heretofore has been very difficult to be accomplished by reason of the evil disposition and barbarity of the inhabitants thereof directly opposing themselves to suffer or permit any policy or civility to be established amongst them, naturally abhorring the same, being persons altogether destitute of the fear and knowledge of God and of his true religion, continually applying themselves to all kind of inhumanity, daily declaring the effects thereof not only by their treasonable practices and attempts against his majesty, his estate and quietness of his highness's realm but also by most detestable, damnable and odious murders, fires, ravishing of women, witchcraft and depredations made amongst themselves extended most unmercifully to all sorts of persons without any pity or mercy either of young or old; and likewise sparing no sort of insolency against his highness's quiet and peaceable subjects repairing to those parts in their ordinary trade of living as if there were no justice in God nor yet power in his majesty, their natural prince, to call them to an account for the same, occupying and violently possessing in the meantime the foresaid lands without payment of any mail or grassum or other duty for the same at any time bygone, whereof his majesty, being no less careful than becomes him of his princely duty to provide the way and means to reduce the said lands and inhabitants thereof to his obedience, finding the noble and gentlemen under-nominated well disposed thereto by virtue of a contract made upon 28 June 1598 between his highness, with advice and consent of the estates of this realm and also of [Alexander Elphinstone, master of Elphinstone], his majesty's treasurer, [Sir David Murray of Gospertie], comptroller, [Master John Preston of Penicuik], collector general, and lords of council and exchequer on the one part, and the noble and gentlemen under-nominated on the other part, they being altogether willing for advancement of the glory of God, the honour of their native country and of his majesty's service, and therewith being of intention to augment the yearly rent and revenue of his highness's crown, accepted upon them the enterprise to subdue the said lands and inhabitants thereof; as also obliged them to pay and deliver to his majesty and his successors 140 chalders of barley and 400 merks money of this realm for the said lands yearly in name of feu ferm, as the said contract registered in the book of the general council and estates of this realm at length purports. According to the which, by the providence of God, his mighty power and assistance they since, with infinite travail, excessive pains and exorbitant expenses, besides the great loss of their blood and part of their own and their companies' lives and the hazard of all the rest, have reduced the said isles (inhabited of before by barbarous and evil disposed people as said is) to his majesty's obedience; and being yet of deliberate intention to continue in prosecuting the said action whereby others of his good subjects may by their example be encouraged to the like enterprise for reducing of the remainder of his highness's isles to his obedience, the said gentlemen having no other impediment but the great yearly duty foresaid contained in the said contract promised by them by report of certain persons, made of the great fertility and commodities of the said isles not being acquainted therewith as they are now, whereof to their great loss they have found the contrary by experience, with which his majesty and estates, being moved to have consideration after sufficient examination taken of the cause, they have reduced the said yearly duty to £1,000 money foresaid, 1,000 cod, 1,000 ling and 1,000 skate, and ordained the same to be accepted yearly in satisfaction and full payment of the said feu ferm contained in the said contract, as an act made by his majesty and estates of this realm upon 14 December 1599 at more length testifies. The which contract, and specially that part thereof touching the said feu duty, his majesty and estates of this present parliament find, decree and declare by the tenor hereof to have been from the beginning, now and in all time coming null and of no value, force nor effect, with all that has followed or may follow thereupon, and that the same nor any other bond, obligation, act or ordinance made relating thereto neither was from the beginning, is, nor shall be in time coming in any way obligatory against them, their heirs or assignees for payment of any part of the feu ferm contained in the said contract; and to this effect ordains the same to be deleted out of the books of the general council and estates and also ratifies, approves and, by the tenor hereof, perpetually confirms the foresaid act of council and general convention of the date foresaid in all and sundry the heads, clauses, articles and conditions therein contained after the form and tenor thereof in all points. And for the cause above-mentioned, after sufficient examination taken of the cause, find, decree and declare the foresaid sum of £1,000 and 3,000 fish to be now and in all time coming the just value and rental of the said lands and isles, with the pertinents, teinds, teind sheaves and other teinds thereof included and others after-mentioned to be contained in the infeftment to follow hereupon; and specially seeing the said lands and isles have at all time heretofore been altogether unprofitable to his highness and his predecessors, nor they nor their factors nor chamberlains received no mails, ferms, grassums nor other duties for the same, neither yet the same was never contained in his highness's rental at any time of before. Moreover, his majesty and estates of this present parliament, in consideration of the premise and for other weighty causes, occasions and good considerations moving them, ordain a charter to be made under his highness's great seal in due form by his majesty, for himself and as tutor, guider and lawful administrator to his dearest son, Henry Frederick, by the grace of God, prince and stewart of this realm and lord of the isles within the same, and also by his majesty as taking the full burden in and upon him for his said dearest son both with a consent and assent, now after his majesty's perfect age and act of dissolution made for setting of all his majesty's proper lands, as well annexed as unannexed, in feu ferm, without diminution of his highness's rental, with advice and consent of his highness's said treasurer, comptroller, collector general and treasurer of his highness's new augmentations, giving, granting and to feu ferm and perpetual feu letting, and by the tenor of the said charter, perpetually confirming to the said noble and gentlemen, namely, to his highness's dearest cousin and councillor Ludovic [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny, and to his highness's trusty and familiar councillors Patrick [Leslie], commendator of Lindores, Sir William Stewart, knight, commendator of Pittenweem, and also to his majesty's beloved Master John Learmonth of Balcomie, Sir James Anstruther, fiar of that Ilk, master of the household to his highness's dearest spouse the queen's majesty, James Spence of Wormistoun, Sir James Sandilands of Slammanan, knight, Captain William Murray, John Forrett of Fingask and David Home, apparent heir of Wedderburn, their male heirs and assignees whatsoever equally amongst them according to the division to be made amongst them relating thereto heritably, all and sundry the foresaid lands and isles called Lewis, Rona-Lewis, Ilandschant, Great Bernera, Little Bernera, Island Flannos and two Cunyngis Islands, with all parts, pendicles and pertinents thereof, with castles, towers, fortalices, woods, mills, multures, fishings, as well salmon fishings as other fishings thereof, as well in fresh as salt waters, with annexes, connexes, dependancies, parts, pendicles and pertinents thereof whatsoever, with all and sundry means of whatsoever quality of metals, minerals and materials within the whole bounds of the foresaid lands and islands, with advocation, donation and right of patronage of kirks, chaplainries, prebendaries, altarages and other benefices of the same, with all and sundry profits, privileges, immunities, casualties, annualrents and other duties whatsoever pertaining and belonging thereto, together with the teind sheaves and small teinds, as well parsonage as vicarage teinds, of all and sundry the foresaid lands, fishings and others particularly above-mentioned included, lying in the foresaid lordship called of old the lordship of the Isles as principal; and also in all and whole the eighty merk land, called Trotternish, with parts, pendicles and pertinents thereof, with castles, towers, fortalices, woods, mills, multures, fishings, as well salmon fishings as other fishings, as well in fresh as salt waters, with annexes, connexes, outsets, dependancies, parts, pendicles and pertinents of the same, with all and sundry mines of whatsoever quality of metals and minerals within the whole bounds of the said lands of Trotternish, with advocation, donation and right of patronage of kirks, chaplainries, prebendaries, altarages and other benefices thereof, with all and sundry privileges, immunities and other duties whatsoever pertaining and belonging thereto, lying within the bounds of Skye and lordship above-mentioned as in special clause of warrandice and security of the foresaid lands principally conveyed; the which lands respectively and others particularly above-expressed, with the pertinents now pertaining to our said sovereign lord or to his dearest son or to either of them either as their property in whole or in part, or else fallen and become in their or either of their hands and at their or either of their gifts and dispositions either by reason of forfeiture, reduction and annulment of former infeftments, retours and sasines, or by reason of recognition through alienation of the whole or most part, or else by virtue of the act of annexation of all temporal lands of benefices to his highness's crown, or else by resignation or through whatsoever other cause or occasion either past or to come whereby the same have fallen and become or may fall and become in their or either of their hands and at either of their gifts and dispositions. And to the end the said advocation, donation and right of patronage of the said benefices may be effectual, his highness and estates have dissolved and suppressed and by this ratification dissolve and suppress the same and teinds, great and small, of the said whole lands from the bishopric of the Isles and all other benefices to the which the same were annexed of before, with power to the said persons and their foresaids to build and edify 10 several parish kirks in whatsoever places they shall think expedient within the bounds of the foresaid lands of Lewis and others foresaid conveyed as principal, and as many other kirks within the foresaid lands of Trotternish as they shall think expedient, and to denominate the same with such names as they shall please, which being constructed and edified, now as then and then as now, his highness and estates erect and create each one thereof in a particular parish kirk with a rectory and vicarage to each one thereof, with power to the persons above-nominated and their foresaids to erect, build and edify as many ports, havens and harbours within the bounds of their own baronies as they shall think expedient in any part wherever the sea ebbs and flows, and to intromit with and receive the harbour silver, small customs, anchorages and all other duties pertaining thereto, the same to their own use to convert and apply, reserving always to his majesty the great custom of all goods and merchandise as well brought in and carried out of the said isles and of the fishes and other goods which they happen to acquire within the bounds of the said lands according to the particular A. B. C. made and set down relating thereto. And seeing it is necessary to have houses, taverns and hostelries for entertainment of all persons resorting to the said harbours, therefore give and convey to each one of the persons above-nominated full privilege and liberty to construct, build and edify as many burghs of barony as are requisite and to denominate the same with such names as they think expedient, with all and sundry freedoms, privileges, liberties and immunities whatsoever pertaining to a free burgh of barony and to assign, affix and appoint as many market days weekly and free fairs yearly to be held within each one of the said burghs as they think convenient, with a special protection to all persons resorting and repairing to the said markets and fairs. And also make, create, erect and incorporate the foresaid whole lands and isles with the pertinents in a free stewartry to be called in all time coming the stewartry of the Lewis, with all and sundry liberties, jurisdictions, privileges and immunities whatsoever known to appertain to a free stewartry. And further, his majesty and estates ordain the said lands of the Lewis and others conveyed as principal to be equally divided in 10 several parts, and each part thereof to be erected in a free barony and a special denomination and principal messuage to each one thereof with all and sundry freedoms, liberties and privileges pertaining to free baronies; and that a sasine to be taken now by each one of the said persons and hereafter by their heirs and assignees at the principal messuage of each one of the said baronies shall stand, extend and be sufficient sasine for the whole lands lying within the said barony. And seeing the said persons and their foresaids cannot goodly maintain and defend their possessions of the foresaid lands and isles without their continual and actual residence within the same, therefore his majesty and estates of this present parliament exempt them and their foresaids and all other inhabitants of the said lands from all hosts, wars and wappenschaws intended or to be made by his highness or his successors except when they shall have ado with foreign nations or with the rest of the isles, for conquering and subduing thereof; in that case they and their foresaids with their household men only shall be subject to accompany his highness and his successors to the said foreign wars and isles respectively; and also their heirs, assignees and successors shall not only be subject to the like service but also to attend upon his majesty, his lieutenants, wardens or commissioners in any raid or host to be made upon the north side of the water of Ness. Further, his majesty and estates, of certain knowledge and sufficient trial taken of the cause, have valued and esteemed and by this ratification value and esteem the foresaid lands and isles of the Lewis, Rona-Lewis and others above-mentioned with the pertinents conveyed as principal to be a forty pound land of old extent, and likewise the foresaid lands of Trotternish with the pertinents to be an eighty merk land of the like extent, and therefore exempts the foresaid persons and their foresaids and the whole inhabitants dwelling within the said lands and isles from payment of any greater taxation imposed or to be imposed thereupon in time coming than according to the valuation and estimation above-mentioned, to be held of our sovereign lord and his highness's successors in feu ferm heritably, giving the said noble and gentlemen, their male heirs and assignees foresaid to his majesty and his successors, their comptrollers and chamberlains in their names for all and sundry the foresaid lands of the isles called Lewis, Rona-Lewis, Great Bernera, Little Bernera, Illand Flannes and two Cunnyng Islands, with the pertinents thereof above-rehearsed, equally amongst them the sum of £1,000 money of this realm at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, the first term's payment thereof to be and begin at the fast and term of [...] in the year of God 16[...], together with 1,000 cod, 1,000 ling, and 1,000 skate yearly between Michaelmas [29 September] and Martinmas, the first year's payment thereof to be between the said terms the year of God foresaid; and likewise for all and whole the foresaid lands and isle of Trotternish, the sum of £333 6s 8d money foresaid at the terms above-mentioned, the first term's payment thereof to be at the next term immediately after they happen to have recourse thereto as warrandice and no otherwise; and also paying for all and sundry the teind sheaves and other teinds of the whole lands with the pertinents above-mentioned to each one of the ministers serving at each one of the said parish kirks a reasonable stipend for their sustentation and maintenance in name of feu ferm only. And ordain the said charter to be extended in ample form with all clauses needful, which his majesty, with advice of the said estates and ordinary officers foresaid finds, decrees and declares to be sufficient right and security to the said persons for holding and possessing of the lands and others above-written with the pertinents heritably in time coming. And ordains the director of the chancellery and his deputes to pass the said charter under the said great seal upon the signature thereof immediately without any other warrant either of passing of registers or any other seals, and this present act and signature shall be a sufficient and immediate warrant to the said great seal.
[1600/11/69]*[print] [email] [cite] [preceding] [following]
Regarding the supplication given in to our sovereign lord and estates of parliament by Master James MacGill of Nether Rankeilour, heritable feu farmer and immediate tenant to his majesty of the lands of Old Lindores, for the yearly payment of 24 bolls of oats, £40 money, 64 poultry and 32 capons; Michael Balfour of Denmilne, heritable feu farmer and immediate tenant of the lands of Denmilne, with the mill, mill lands and sucken thereof, for the yearly payment of 10 merks and 12 capons; Andrew [Leslie], earl of Rothes, heritable feu farmer and immediate tenant of the lands of Parkhill, for the yearly payment of £10 6s 8d money; Henry Bonnar, heritable feu farmer and immediate tenant of Lumquhat Mill, mill lands and sucken thereof, for the yearly payment of £7 13s 4d money and 12 capons; Sir James Melville of Halhill, knight, heritable feu farmer and immediate tenant of the lands of Halhill and Muirfield, for the yearly payment of 12 bolls of oats, £19 6s 8d money and 24 poultry; James Scott of Abbotshall and remaining portioners of the lands of Kinloch and mill thereof, heritable feu farmers and immediate tenants of the same lands and mill, for the yearly payment of £40 money, 33 poultry and 22 capons; John Arnott, heritable feu farmer and immediate tenant of the lands of Woodmill, with the mill, mill lands, multures and sucken thereof, for the yearly payment of 46 merks; David Balfour of Inchrye, heritable feu farmer and immediate tenant of the lands of Inchrye, for the yearly payment of 16 merks; Andrew Ayton, heritable feu farmer and immediate tenant of the lands of Nether Denmuir, for the yearly payment of £29 money; Robert Paterson, life-renter, and Andrew Paterson, fiar, heritable feu farmers and immediate tenants of the lands of Over Denmuir, for the yearly payment of £14 money, 2 chalders of oats and 24 capons, all lying within the earldom of Fife in that portion thereof called Lindores quarter; Andrew Wood of Largo, heritable feu farmer and immediate tenant of the lands of Largo, brewlands and cottage lands thereof, with the mill, mill lands and coal pits of the same, for the yearly payment of 3 and a half chalders of barley, 26 bolls of wheat, 5 chalders of oats, 2 bolls of meal and £21 5s money; and also the said Andrew, heritable feu farmer and immediate tenant of the lands of Shiremuir, with coal and coal pits thereof, for the yearly payment of 8 merks; Patrick Hunter, heritable feu farmer and immediate tenant of the half lands of Newton of Rires, and David Nairn, heritable feu farmer and immediate tenant of the other half of the said lands, for the yearly payment for the said whole lands of Newton of Rires of 25 bolls of barley, 20 bolls of wheat, £25 3s 4d money, 24 capons and 48 poultry; Master James Beaton of Creich, heritable feu farmer and immediate tenant of the lands of Nether Rires, for the yearly payment of 2 chalders, 8 bolls of oats, 20 bolls of barley, £6 money and 12 capons; John Lindsay, heritable feu farmer and immediate tenant of the lands of Balcarres, for the yearly payment of 21 bolls, 6 pecks of wheat, 40 bolls, 3 firlots of barley, £26 14s money, 48 capons and 48 poultry; William Lyall, Martin Corstorphine and remaining portioners of the town and lands of Kingsbarns, heritable feu farmers and immediate tenants of the same town and lands of Kingsbarns, for the yearly payment of 9 chalders of wheat, 11 chalders of barley, £40 money and 100 capons, all lying within the said earldom of Fife in that portion thereof commonly called Largo quarter; William Learmonth, apparent heir of Dairsie, Thomas Walker and remaining portioners of the town and lands of Dron, with the mill, mill lands and sucken thereof, heritable feu farmers and immediate tenants of the same town and lands of Dron with the mill, mill lands and sucken thereof, for the yearly payment of 2 chalders, 8 bolls of wheat, 50 bolls of barley, £28 3s 4d money and 48 capons; David Leitch and Master Patrick Balfour of Pitcullo, portioners of Moonzie, mill, mill lands and sucken thereof, heritable feu farmers and immediate tenants of the same mill, mill lands and sucken thereof, for the yearly payment of 20 merks and 16 capons; David Inglis and remaining portioners of the town and lands of Ardeth, heritable feu farmers and immediate tenants of the same town lands of Ardeth, for the yearly payment of 4 chalders, 4 bolls of barley, 52 bolls of wheat, £28 money, 8 capons and 60 poultry; David [Lindsay], earl of Crawford, heritable feu farmer and immediate tenant of the lands of Rathillet, with the mill, multures and sucken thereof, for the yearly payment of 36 bolls of barley, 30 bolls of wheat, 48 capons, 24 poultry and £40 money; Sir Robert Melville, heritable feu farmer† and immediate tenant of the lands of Cairnie, for the yearly payment of 20 bolls of wheat, 24 bolls of barley, 40 merks, 24 capons and 24 poultry; Andrew Paterson and remaining portioners of the town and lands of Luthrie, with the mill, multures and sucken thereof, heritable feu farmers and immediate tenants of the same town and lands, with the mill, multures and sucken thereof, for the yearly payment of £80 money; Sir Michael Balfour of Balgarvie, knight, heritable feu farmer and immediate tenant of the lands of Star and of the lands of Balgarvie, for the yearly payment for the said lands of Star of 2 chalders of barley, 6 pecks less, 28 bolls, 10 pecks of wheat, 48 poultry, 24 capons and £10 money, and for the said lands of Balgarvie, £18 money; Robert Durie of that Ilk, heritable feu farmer and immediate tenant of the lands of Thomaston, for the yearly payment of £28 money; James Turpie and remaining portioners of the town and lands of Ballomill, with the mill, mill lands, multures and sucken thereof, heritable feu farmers and immediate tenants of the same town and lands of Ballomill, with the mill, mill lands, multures and sucken thereof, for the yearly payment of £10 money, 24 poultry and 12 capons; John Auchmuty, heritable feu farmer and immediate tenant of the lands of Easter Fernie, for the yearly payment of 40 bolls of barley, 30 bolls of wheat, 48 poultry, 18 capons and £20 money; Walter Heriot of Ramornie, heritable feu farmer and immediate tenant of the lands of Ramornie, Lawfield and mill thereof, for the yearly payment of £22 money; James Anderson, David Lucklaw and remaining portioners of the lands and acres of Ferryfield and Bonfield, heritable feu farmers and immediate tenants of the same lands and acres of Ferryfield and Bonfield, for the yearly payment of 40 merks; provost, bailies and council of the burgh of Cupar, heritable feu farmers and immediate tenants of Russell Mill, parks and wards thereof, for the yearly payment of £10 money, all lying within the said earldom of Fife in that portion thereof commonly called Eden quarter; William Bonnar of Rossie, heritable feu farmer and immediate tenant of the lands of Easter Rossie, for the yearly payment of 19 merks, a chalder of wheat, two chalders, eight bolls of barley, 10 bolls of oats and 24 capons; James Scrimgeour of the Myres, John Bonnar and Thomas Hardy, portioners of the lands of Wester Rossie, heritable feu farmers and immediate tenants of the same lands of Wester Rossie, for the yearly payment of £24 money; the said James Scrimgeour of the Myres, heritable feu farmer and immediate tenant of the Meadows of Auchtermuchty, for the yearly payment of £5 7s 8d; John Robertson, James Maxwell, James Miller and remaining portioners of Auchtermuchty, heritable feu farmers and immediate tenants of the town, lands, mill, mill lands and cottages of Auchtermuchty, for the yearly payment of 10 chalders, 2 bolls of barley, 5 chalders, 11 bolls of wheat, 6 chalders of oats, 50 geese, 24 capons, 200 poultry; Sir James Scott of Balwearie, knight, heritable feu farmer and immediate tenant of the lands of Strathmiglo, with the mill west† thereof and of the lands of Easter Cash, for the yearly payment for the said lands of Strathmiglo and west mill thereof, of 16 merks and 24 poultry, and for the said lands of Easter Cash 4 chalders of oats, 40 bolls of barley, £24 money, 72 poultry, 16 capons, 12 geese; Andrew Coulter and remaining portioners of the town lands of Newton of Balcanquhal, heritable feu farmers and immediate tenants of the same town and lands of Newton of Balcanquhal, for the yearly payment of 40 bolls of oats, £5 money and 18 poultry; the said James Scrimgeour of the Myres, heritable proprietor and possessor of the lands of Over and Nether Myres, whereof the just and true rental extends to £10 money yearly, which sum of £10 is, and has been, possessed by him and his predecessors and allowed in the exchequer accounts past memory of man for the service of the office of macer and serjeant of arms pertaining to the said James and his predecessors, heritably held of our sovereign lord and his predecessors; Walter Mawer, writer, heritable feu farmer and immediate tenant of the lands of Wester Kilwhiss, for the yearly payment of £8 money; the said Master James Beaton of Creich, heritable feu farmer and immediate tenant of the lands of Urquhart, for the yearly payment of £18 money, all lying within the said earldom of Fife in the portion thereof commonly called Auchtermuchty quarter; Robert Arnott and remaining portioners of Newton of Falkland, heritable feu farmers and immediate tenants of the town and lands of Newton of Falkland, for the yearly payment of five chalders of oats, 40 bolls of barley, £16 money, 48 poultry and 8 geese; John Cooper and remaining portioners of Freuchie, heritable feu farmers and immediate tenants of the town and lands of Freuchie, for the yearly payment of 3 chalders of barley, 3 chalders, 6 bolls of oats, £16 money, 48 poultry and 8 geese; Henry Pitcairn of that Ilk, heritable feu farmer and immediate tenant of the mill of Freuchie, with the mill lands, multures and sucken thereof, for the yearly payment of 26 bolls, 10 pecks of barley, £4 money and 24 capons; David Rymer and remaining portioners of Kingskettle, heritable feu farmers and immediate tenants of the town and lands of Kingskettle, for the yearly payment of 4 chalders, 2 bolls, 2 firlots of oats, 2 chalders, 1 boll, 1 firlot of barley, 20 merks money, 36 poultry and 8 geese; George Mowtrar† of Seafield, heritable feu farmer and immediate tenant of the town lands of the Newton of Markinch, for the yearly payment of £10; James Colville of Easter Wemyss, heritable feu farmer and immediate tenant of the lands of Cameron, for the yearly payment of 10 bolls of barley, 20 bolls of oats and £8 money; the said Andrew Wood of Largo, heritable feu farmer and immediate tenant of the mill called King's Mill, mill lands, multures and sucken thereof, and of the lands of Balbrekie, Auldhall, coal and coal pits thereof for the yearly payment for the said King's Mill, mill lands, multures and sucken thereof, of £8 10s money and 36 capons, and for the said lands of Balbrekie 20 bolls of barley, 40 bolls of oats, £10 money and 24 capons; James Clerk of Balbirnie, heritable feu farmer and immediate tenant of the lands of Ballenkirk, for the yearly payment of £10 3s 4d money; the said John Bonnar, heritable feu farmer and immediate tenant of the lands of Drumtenant, for the yearly payment of 40 bolls of oats, 20 bolls of barley, £10 3s 4d money and 18 poultry; the said Walter Mawer, heritable feu farmer and immediate tenant of the lands of Wester Kilwhiss, for the yearly payment of £8 money of this realm at two terms, Whitsunday [May/June] and Martinmas [11 November], all lying within the said earldom of Fife in that portion thereof commonly called Falkland quarter; against Master John Skene [of Curriehill], clerk register, Sir David Murray of Gospertie, knight, comptroller to our sovereign lord, and Master Thomas Hamilton of Drumcairnie, his highness's advocate for his majesty's interest in the matter underwritten, making mention that where the said pursuers and their predecessors and authors respectively are and have been duly rentalled, infeft and seised in all and sundry the foresaid lands, mills and others above-expressed, each one of them for their own parts and portions, for the yearly payment of the particular duties above-expressed contained in the infeftments and rentals made to them, their predecessors and authors thereupon past memory of man. And the forenamed persons and their predecessors and authors, by virtue of their infeftments, rentals and titles made and granted to them of the said lands, mills and others foresaid, have been ever in use and custom of payment of the particular duties above-expressed for the same only; and the said yearly duties particularly above-mentioned and no further has ever been received from them, their predecessors and authors upon account in exchequer, charge and discharge made thereof without any manner of contradiction, obstacle or impediment in any time bygone until now lately that Sir David Murray of Gospertie, knight, comptroller to our sovereign lord, and Master Thomas Hamilton of Drumcairnie, his majesty's advocate, in his highness's name, have moved question against the said pursuers, at the least against a great part of them, by way of removing to have heard them discerned to remove from the said lands and thereby to impugn their heritable infeftments of the same as if the said infeftments had been granted to them, their predecessors and authors by our sovereign lord and his highness's progenitors in alleged diminution of the old rental, taking their pretended ground and fundament of the said pretended pursuit from certain alleged higher and greater rentals allegedly contained in the comptroller's or rental books or in the accounts or rolls of the exchequer in the year of God 1487 in the days of the late King James III of most worthy memory and certain other times, albeit true it is that the said pretended greater and higher rentals were never acknowledged by the forenamed feuars, nor their predecessors, nor authors, nor any payment made according thereto to our said sovereign lord, nor to his highness's predecessors, comptrollers, chamberlains nor others, and the greatest part of the accounts made in the said year of God 1487 inclusive to the year of God 1499 inclusive expressly bear that the accountant charged him by actual and real payment of the duties contained in the infeftments and rentals made to the said persons, their predecessors and authors of the lands and others foresaid, as is particularly before rehearsed; and the said accountant took his discharge and exoneration of that thing with which he charged himself and was not actually paid by reason that he was charged therewith superfluously without any reason. Likewise King James IV of most worthy memory, thereafter having truly considered that matter, he in the said year of God 1499 discharged the said pretended new greater and higher rental and took him to the old rental which was accustomed to be paid of before for the said lands, extending to the particular duty above-expressed, according to the which infeftments and rentals made to the said pursuers, their predecessors and authors respectively of the foresaid lands and others above-mentioned, they and their said predecessors and authors have possessed the same lands for their own parts particularly and have made payment of the particular duties foresaid for the same† thankfully without any other exaction during the perfect ages of four several princes, namely: of our sovereign lord's dearest great-grandfather, King James IV, his majesty's dearest grandfather, King James V, [Mary], his highness's dearest mother, and his grace's self, whom God preserve, from the year of God 1502 inclusive to this present day. Likewise our said sovereign lord and his majesty's predecessors, comptrollers, chamberlains and factors have yearly and continually during the said space made their accounts in the exchequer and only charged and discharged themselves according to the particular duties foresaid mentioned in the said infeftments only, whereby the said old and just rental which was continually accustomed to be paid and contained in their said infeftments is ratified and approved in such sort as there is, nor cannot be any other true rental whereby the said pursuers' infeftments, titles or rights of the foresaid lands may be any way impugned. Likewise also some of the said infeftments being lately impugned at the instance of the said comptroller and advocate under pretext of the foresaid pretended greater and higher rental, the said comptroller and advocate were astricted to verify and prove that the said pretended greater and higher rental had taken full effect in so far as the comptroller or the chamberlain for the time had made their accounts by charge and discharge, by actual payment of the said pretended greater and higher rental, which was the only cause that sustained our sovereign lord's advocate's argument, and the same being admitted by the said advocate and comptroller's probation they failed in the said probation and therefore absolvitor was given in favour of some of the said tenants and feuars against our sovereign lord in diverse of the said pursuits, and specially in favour of Thomas Hardy, who was pursued by the said comptroller and advocate to have removed from a third part of the lands of Wester Rossie upon the alleged non-payment of the foresaid pretended greater and higher rental, who was by decreet and sentence pronounced by the lords of council and session in the appeals court upon 23 January 1600 absolved simply from the said petition in respect the said comptroller and advocate failed in proving of the answer, reply and triply made by them whereby they offered them to prove that the said pretended greater and higher rental had taken full effect by the comptroller or chamberlain's accounts made for the time by charge and discharge, by actual payment of the said pretended greater and higher rental as said is; wherein they failed and thereupon the said decreet absolvitor was given, and thereby in effect it was clearly found that the said pretended greater and higher rental whereof first mention was made in the said year of God 1487, nor any other greater nor higher rental made at any other time, was nor could not be any just rental but by the contrary of the first old rental particularly above-expressed, mentioned in the said rentals and infeftments continued ever in payment not only before the said year 1487, and from that year, but also continually since to this present day; and therefore it is most manifest that the said tenants and feuars are wrongfully and unjustly, against all law, right and conscience, molested and troubled by our sovereign lord's comptroller and advocate foresaid in his highness's name, seeing their infeftments can in no way be drawn in question, nor are in no way in peril, nor danger of law for alleged diminution of the rental. For the reasons and causes foresaid and regarding the warning made to the said Master John Skene, clerk register, the said Sir David Murray of Gospertie, knight, comptroller to our sovereign lord, and the said Master Thomas Hamilton of Drumcairnie, his highness's advocate, in his name for his majesty's interest, to have compeared before our said sovereign lord and lords of estates in this present parliament upon the morning after the charge, with continuation of days, bringing with them all and sundry higher and greater rentals, accounts and rolls of exchequer whatsoever containing any greater or higher duty than is contained in the rentals and infeftments above-specified, to have been seen and considered by them and to have heard and seen it be found and declared by decreet and confirmed of this present parliament that all and sundry the foresaid rentals and infeftments of feu ferm granted and set to the said tenants and feuars, their predecessors and authors for their own parts particularly of the lands and others above-expressed for the yearly duty above-rehearsed are and have been granted and set for the just rental and in no way in diminution thereof; and that there is no other just rental but that which agrees with the duty particularly above-expressed contained in the said infeftments and that the said rental contained therein has been in all times past and shall remain in all time coming the only just and true rental. And also to have heard and seen it be found and declared by the said decreet that the foresaid greater and higher rentals first mentioned in the said year 1487 and all other higher and greater rentals whatever they be contained in, the comptroller or rental books, in the accounts or rolls of the exchequer, are in no way authentic, just nor true rentals and that therefore the said comptroller and advocate present and to come be ordered to desist and cease from all troubling or burdening of the said pursuers with the said pretended greater and higher rentals whatsoever; and that the same pretended greater and higher rentals and all the accounts and exchequer rolls containing any greater duty than is particularly before-specified have been determined by the said decreet to be deleted and to be declared to have been and to be of no value, force nor effect in judgement nor outwith in any time coming; and likewise to have heard and seen it be found and declared by the said decreet that the rentals and infeftments foresaid made to the said pursuers, their predecessors and authors have been, and shall be, to them, their heirs and successors forever sufficient rights and titles for possessing and enjoying of all and sundry the lands, mills and others above-mentioned contained therein, each one of them for their own parts particularly for the yearly payment of the duty and rental above-expressed contained in the same infeftments only in all time coming, and that the foresaid pretended greater and higher rentals nor no other rental be admitted to make faith in judgement nor outwith but the foresaid rental mentioned in the said infeftments. And also to have heard and seen all and whatsoever decreets of removing given against the said pursuers or any of them or their predecessors be retreated, rescinded and reduced and the execution thereof declared to be suspended simply in all time coming, without any further process or action of reduction, for the reasons and causes foresaid, or else to have shown a reasonable cause why the same should not have been done, as at more length is contained in the said supplication. All the foresaid persons, pursuers, compearing by Masters John Sharp, William Oliphant, Henry Balfour and Robert Learmonth, their procurators, the said Sir David Murray of Gospertie, knight, his majesty's comptroller, and Master Thomas Hamilton of Drumcairnie, his highness's advocate for our sovereign lord's interest in the said matter, being both personally present, and the said Master John Skene, clerk register, compearing likewise personally, who produced the whole rental books, accounts and rolls of exchequer concerning the said lands and others before rehearsed according to the desire of the said supplication, and thereafter all the foresaid parties' rights, reasons, allegations, with certain decreets obtained before the lords of council in the appeals court at the instance and in favour of certain of the pursuers and their predecessors against our said sovereign lord, his highness's comptroller and advocate for the time, extracts of rental accounts and rolls of exchequer authentically subscribed by the clerk register, whole particular infeftments above-written granted to the said pursuers and their predecessors of the lands respectively, granted that diverse other writs and probations produced for the part of the said pursuers, together with all and sundry the said rental books, accounts and rolls of exchequer concerning the said lands and others before rehearsed produced by the said clerk register of before according to the desire of the said supplication, repeated by the said pursuers for verifying of their said supplication and reasons therein contained, heard, seen, understood; and the estates of parliament being therewith ripely advised (after that the foresaid parties and their said procurators were heard to reason verbally thereupon in their whole presence), our sovereign lord and estates of parliament find, decree and declare that all and sundry the foresaid rentals and infeftments of feu ferm granted and set to the said pursuers, their predecessors and authors for their own parts, particularly of the lands and others above-expressed for the yearly duty particularly before rehearsed, are and have been granted and set for the just rental and in no way in diminution thereof, and that there is no other just rental but that which agrees with the duty particularly above-expressed contained in the said infeftments, and that the foresaid rental contained therein has been in all times past and shall remain in all time coming the only just and true rental. And also find and declare that the foresaid pretended greater and higher rentals first mentioned in the said year 1487 and all other higher and greater rentals whatever they be contained in, the comptroller or rental books, the accounts and rolls of the exchequer, are in no way authentic, just nor true rentals and, therefore, decree and ordain the said comptroller and advocate present and to come to desist and cease from all troubling or burdening of the said pursuers with the said pretended great and higher rentals whatsoever; and decree the same great and higher rentals and all the accounts and exchequer rolls containing any greater duty than is particularly before specified to be deleted and declare the same to have been and to be of no value, force nor effect in judgement nor outwith in any time coming; and likewise find and declare that the rentals and infeftments foresaid made to the said pursuers, their predecessors and authors have been, and shall be, to the said feuars, their heirs and successors forever sufficient rights and titles for possessing and enjoying of all and sundry the lands, mills and others above-mentioned contained therein, each one of them for their own parts particularly for the yearly payment of the duty and rental explained above contained in the same infeftments only in all time coming, and that the foresaid pretended greater and higher rentals nor no other rental be admitted to make faith in judgement nor outwith but the foresaid rental mentioned in the said infeftments. And also his majesty and estates foresaid retreat, rescind and reduce all and whatsoever decreets of removing given against the said pursuers or any of them or their predecessors of the same, and declare the execution thereof to be suspended simply in all time coming without any further process or action of reduction because the foresaid supplication and reasons above-written therein specified being found relevant by the said estates of parliament, notwithstanding the whole defence and allegiances proposed for the part of our said sovereign lord by the said Sir David Murray, his highness's comptroller, and the said Master Thomas Hamilton, his majesty's advocate in his highness's name, in the contrary, the same was admitted to the said pursuers' probation who presently verified the reasons of their said supplication sufficiently by production and repetition in way of proof of their said whole infeftments particularly before rehearsed, whole rental books, accounts and rolls of exchequer concerning the said lands and others foresaid, decreets, other writs and rentals before specified, as was clearly understood to his majesty and estates foresaid and, therefore, they gave their decreet in manner foresaid and ordain letters to be directed hereupon if need be in the appropriate form.
[1600/11/70]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the great, thankful and honourable service done to [Mary], his majesty's late mother of good memory, to his majesty's self and to the honour of the whole nation of Scotland by James, archbishop of Glasgow, in the parts of France, by using of the office of ambassador to the honour of his majesty and whole realm of Scotland, without any appropriate recompense, and yet, by injury of time, the said archbishop has been debarred from his benefice of Glasgow, and has never†hitherto since his departure out of this realm imported any commodity out† of the same, nor never has been restored effectually to his right and place of the said archbishopric, until lately in the month of June 1598, that our said sovereign lord and estates, considering the said archbishop's good service and merits, as likewise being moved by the suits of diverse foreign kings and princes and faithful promise made to them by his majesty, his majesty and estates foresaid restored the said archbishop to his heritages, honours, dignities, benefices, offices, lands, rooms, possessions, actions which at any time ever pertained to him of before within the realm of Scotland and that notwithstanding whatsoever doom and sentence of forfeiture, decreet of barratry, horning, acts of parliament and council, and excommunication, and declare the act and benefit of pacification made at Perth in the month of February 1572 [1573], ratified in his highness's parliament in the month of April 1573, and the act of pacification and abolition made at Linlithgow in the month of December 1585 and the act made in the month of July 1587 in favour of them who were banished, troubled or exiled since the king's majesty's late mother of good memory returning to Scotland, to be extended to the said archbishop, and he to enjoy and have the whole effect and commodity of the said acts as freely in all sorts and respects as if his name were expressly contained therein, and as freely as any of our sovereign lord's lieges possess and enjoy the same, notwithstanding of whatsoever acts of parliament and council, statute, ordinance or law made or to be made in the contrary which may prevent or impede the said archbishop to hold, enjoy and possess the benefit of the said acts, and specially dispensing with an act of parliament made in the month of June 1592 by the which it was declared that no person shall be heard to seek the said benefit but such as have acknowledged his majesty's authority and religion presently professed within the realm; regarding which act and act of ipso facto made against beneficed persons and all other acts and statutes foresaid, our said sovereign lord and estates foresaid dispense and declare that the said archbishop shall enjoy his whole heritages, benefices, dignities, honours, rooms, actions and possessions notwithstanding that he has never made confession of his faith and notwithstanding that he has never acknowledged the religion professed within this realm, regarding which his majesty and estates, by this ratification, dispense, and that the said archbishop shall in no way be subject to the making of the confession of his faith nor to the penalty nor penalties that may result upon the not making of the same during the whole time of his remaining out of the country and for one year after his returning, as at more length is contained in the said act of the date at Edinburgh, 29 June 1598; which act of pacification and restitution above-specified our sovereign lord and estates foresaid in this present parliament have ratified and approved, and decree and ordain the same to have full strength, force and effect to and in favour of the said archbishop without any kind of limitation or restriction, so that he may enjoy and possess the benefit of pacification as amply in all sorts and respects as any subject within the realm has possessed and enjoyed the same and that continually since the date of the said act above-specified, without prejudice always of whatsoever feus of the temporal lands of the bishopric of Glasgow lawfully set, without diminution of the rental to whatsoever person or persons, and also without prejudice of the ministers' stipends according to their particular assignations made to them out of the said bishopric, and of whatsoever rents and duties pertaining to the college of Glasgow, excepting always out of the said restitution the castle of Glasgow and choosing of the provost and bailies of Glasgow and provostry and bailiary thereof.†