Act of annexation of the forfeited lands and others to the crown

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.

  1. NAS, PA2/16, f.12v-13v. Back
  2. 'V' written in margin beside heading. Back
  3. Word unclear. Back