[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.