[1605/6/29]*[print] [email] [cite] [preceding] [following]
†[...] of the most excellent and powerful prince James, [...] of God [...] held in Perth on 9 July [...] by the most powerful lord John [Graham], earl of Mont[rose ...] all the estates of the realm, along with [Francis Hay], earl of Erroll, const[able, ...], [... mari]schal, and Sir John Moncrieff for the sheriff of [...] dempster. Suits were called and the court was affirmed.
[1605/6/30]*[print] [email] [cite] [preceding] [following]
The whole acts following were read, voted and concluded by the estates in plain parliament.
†[Forasmuch] as the estates and whole body of this present parliament, considering [that with the law]ful descent in the person of our most gracious sovereign of the [righteous inheritance] of the famous and renowned kingdoms of England, France and Ireland, [which very] far surpasses the wealth, power and force of the dominions of any of his progenitors kings of Scotland, God has also joined a wonderful increase of care and burden for discharge, whereof he has endowed his majesty with so many extraordinary graces and most rare and excellent virtues as he is not only known by daily and manifest experiences in matters of greatest difficulty and consequence, to the unspeakable comfort of all his faithful subjects, to be capable of the happy government of his said kingdoms, but by his most singular judgement, foresight and princely wisdom worthy to possess and able to govern far greater dominions and numbers of people; and in respect thereof, the said estates of parliament, perceiving that by his majesty's exaltation not only in pre-eminence and power, but also in all royal qualities requisite for the happy discharge thereof, God has manifestly expressed his heavenly will to be that his majesty's imperial power, which God has so graciously enlarged, shall not by them in any sort be impaired, prejudiced or diminished, but rather reverenced and augmented as far as possible they can; therefore the said estates and whole body of this present parliament all in one voluntary, humble, faithful and united heart, mind and consent truly acknowledge his majesty's sovereign authority, princely power, royal prerogative and privilege of his crown over all estates, persons and causes whatsoever within his said kingdom, and his majesty, with express advice, consent and assent of the said whole estates, ratifies, approves and perpetually confirms the same, as absolutely, amply and freely in all respects and considerations as ever his majesty or any of his royal progenitors, kings of Scotland in any time bygone, possessed, used or exercised the same; and likewise, with consent foresaid, makes void, annuls, abrogates, retreats and rescinds all and whatsoever things attempted, enacted, done or hereafter to be done or intended to the violation, hurt, derogation, impairing or prejudice of his highness's sovereign authority, royal prerogative and privileges of his crown or any point or part thereof, in any time bygone or to come. And the said whole estates, for themselves and their successors, faithfully promise perpetually to acknowledge, obey, maintain, defend and advance the life, honour, safety, dignity, sovereign authority and prerogative royal of his sacred majesty, his heirs and successors and privilege of his highness's crown with their lives, lands and goods, to the utmost of their power, and constantly and faithfully to withstand all and whatsoever persons, powers or estates who shall presume, attempt or intend any way to impugn, prejudice, hurt or impair the same, and never to come in the contrary thereof, directly nor indirectly, in any time coming.
[1605/6/31]*[print] [email] [cite] [preceding] [following]
In the parliament held at Perth, 9 July 1606, by virtue of a special commission granted by our sovereign lord to that effect under the great seal, of the date at Hampton Court, 8 February 1604, our sovereign lord, now in his absence out of his kingdom of Scotland, earnestly desiring so to provide for the just and politic government of that estate, as his faithful subjects thereof may perfectly know that absence breeds not in his royal mind oblivion of their good, but that he is daily more and more careful of such things as may tend most to the honour, profit and perpetual stability and quietness of the said kingdom, wherein understanding religion and justice to be so necessary fundaments and pillars, as by them the authority of the princes and quietness of the people in all times past have chiefly been established and maintained, until of late in his majesty's young years and unsettled estate the ancient and fundamental policy consisting in the maintenance of the three estates of parliament has been greatly impaired and almost subverted, specially by the indirect abolishing of the estate of bishops by the act of annexation of the temporality of benefices to the crown made in his highness's parliament held at Edinburgh in the month of July 1587, whereby albeit it was neither meant by his majesty nor by his estates that the said estate of bishops, consisting of benefices of cure and being a necessary estate of the parliament, should in any way be suppressed; yet his majesty, by experience of the subsequent time, has clearly seen that the dismembering and abstracting from them of their livings has brought them in such contempt and poverty that they are not able to furnish necessaries to their private family, much less to bear the charges of their wonted rank in parliament and general councils and, after the example of their predecessors, to assist and supply their prince with their counsel and goods in time of peace and war, the remedy whereof properly belongs to his majesty, whom the whole estates of their bound duty, with most hearty and faithful affection, humbly and truly acknowledge to be sovereign monarch, absolute prince, judge and governor over all persons, estates and causes, both spiritual and temporal, within his said realm; therefore his majesty, with express advice and consent of the said whole estates of parliament, being careful to restore and reintegrate the said estate of bishops to their ancient and accustomed honour, dignities, prerogatives, privileges, livings, lands, teinds, rents, thirds and estate, as the same was in the reformed kirk, most ample and free at any time before the act of annexation foresaid, by the tenor hereof, retreats, rescinds, reduces, makes void, abrogates and annuls the foresaid act of annexation of the temporality of benefices to the crown made in the year of God 1587 as said is, in as far as the same may in any sort comprehend or be extended to the authority, dignity, prerogatives, privileges, towers, castles, fortalices, lands, kirks, teinds, thirds or rents of the said bishoprics or any part thereof, with all other acts of parliament made in prejudice of the said bishops in the premise, or any of them, with all that has followed or may follow thereupon, and all acts for dismembering of particular kirks or common kirks of the said bishoprics from the same, or for separation of the thirds of the said bishoprics from the body, title and two part of the same, to the effect the persons presently provided to the bishoprics of Scotland or any of them, or that shall hereafter be provided to the same, may freely, quietly and peaceably enjoy, hold and possess the honours, dignities, privileges and prerogatives competent to them or their estate since the reformation of that religion, and all towers, fortalices, lands, kirks, teinds, rents, two part thirds, patronages and rights whatsoever belonging to the said bishoprics, or any of them, and use and exert the same, and freely convey upon the whole two part and third temporality and spirituality of their said bishoprics and all the premises belonging to the said bishoprics, as the said acts of annexation and remaining acts made in any way to their prejudice in the premise, and every one of them and all that followed thereupon, had never been made nor done, they always maintaining the ministers serving at the cure of the kirks of their said bishoprics upon the readiest of their said thirds according to the ordinary assignations made or reasonably to be made relating thereto. Moreover, because his majesty's intention is only to restore the bishoprics which are benefices of cure, and in no way to alter anything done in other benefices which are not of cure, and for the better satisfaction of his majesty's subjects and faithful servants whom his majesty, in his princely liberality, for diverse good respects and causes moving him, has beneficed, rewarded and advanced with erections, feus, patronages, teinds and other infeftments, confirmations of lands, rents, teinds, patronages and other rights of abbacies, priories and other benefices, not being bishoprics, and to the effect they be not prejudiced nor put in mistrust by this act of their security in the premise, his highness, with advice of the whole estates of parliament, ratifies, approves and for him and his successors perpetually confirms the whole erections, infeftments, confirmations, patronages, tacks and other securities of lands, teinds, patronages, rights and rents whatsoever of the said whole benefices foresaid, or any part thereof (not being bishoprics), given, conveyed or confirmed by his majesty during the time of the said parliament held in the month of July 1587, of before or since made agreeable to the laws and acts of the said parliament [15]87 and other laws and acts made since, and faithfully promises in the first word never to quarrel nor impugn the same, directly nor indirectly, in any time coming. As also for the well and security of the tenants of the lands and teinds of the said bishoprics, who since the act of annexation have disbursed diverse sums of money to his highness's treasurer for making and confirming to them of their infeftments, tacks and securities of the said lands, teinds and rents of the said bishoprics possessed by them, and to the effect that the annulling of the said act of annexation bereft them not altogether of the said lands, teinds and rents of bishoprics acquired by them upon their large charges and expenses according to the law then standing, and that upon the other part the said bishoprics be not altogether made unprofitable by the unlawful dilapidation of the rents thereof and hurtful conversion of the victual, kanes, customs and other commodities of the same for unequal and unworthy prices, therefore his majesty, with advice of his estates foresaid, ordains the said possessors of the lands or teinds of bishoprics by virtue of infeftments, confirmations or tacks of the same granted or set since the said act of annexation and according to the same and laws of the realm at the time of the making thereof, shall have the securities, conformations, tacks and rights of the said lands and teinds of the bishoprics foresaid renewed and granted to them in sufficient, perfect and valid form by the bishops, possessors of the said benefices, the said feuars, tacksmen and tenants paying to the said bishops for grassum, interest and composition for renewing of their said feus of all lands and others belonging to the said bishoprics, and also for ratification of their said tacks of all teinds pertaining thereto, of the which at the day and date hereof there are 10 years' crops of the same to run, the double of the yearly silver duty contained in their said feus and tacks, and the single of the victual duty and of all other duties expressed therein, and that in addition to the yearly duty expressed in their said feus and tacks, the which duties for grassum, interest and composition, the whole estates of parliament declare shall be paid by the said feuars, tacksmen and tenants within a year and a day after they be lawfully cited to that effect, and for that same cause or after that intimation of the same be made to them by the bishops in their own courts; and in case of not thankful payment of the double of the said silver duty, and of the single of the said victual and other duties within a year and a day after the said citation and intimation as said is, the said estates of parliament find and declare that the said feuars and tacksmen shall be astricted to pay after the expiring of the said year and a day (thankful payment not being made within that space of the foresaid grassums, interest and composition extending to the quantity above-written), the quadruple of the silver duty and the double of the said victual and other duties foresaid to the said bishops in addition to the yearly duties contained in their said feus and tacks as said is; and the said estates declare that if there is not 10 years complete to run of the said tacks of teinds pertaining to the kirks of the said bishops after the day and date hereof, in that case the tacksmen in no way shall be astricted to pay any grassum, interest or composition for the same to the said bishops, but they to be free thereof. Moreover, the said estates declare that the said act and ordinance of parliament shall in no way be extended, comprehend nor prejudice any feus of bishoprics lawfully set and confirmed before the said act of annexation, which was in the said month of July 1587, excepting and reserving always out of this present act all dispositions made of whatsoever patronages of the kirks pertaining to the said bishoprics conveyed by lawful titulars and the king's majesty, and ratified in parliament in favour of whatsoever person or persons, and no others; and find and declare all and whatsoever dispositions made of the foresaid patronages of all kirks pertaining to bishoprics conveyed by the lawful titulars and his majesty, and not confirmed in parliament, to be of no value, although the same patronages be granted and conveyed by the king's majesty and titulars thereof, and likewise excepting and reserving all common kirks pertaining of old to the said bishops and their chapter in commonty, which are conveyed by his majesty to whatsoever person at any time preceding the date of this present act. And the said estates declare that if there be any common kirks pertaining to the said bishoprics and to their chapter of old, that now pertain and fall to them by virtue of this present act, that thereby the ministers who are lawfully provided to the said common kirks by presentation, collation and admission and serving thereat shall in no way be prejudiced during their lifetimes, but that the said provisions shall be sufficient right and warrant to the said ministers to hold, enjoy and possess their common kirks foresaid according as they are provided thereto, for all the days of their lifetimes, notwithstanding of whatsoever clause contained in this present act or any other act of parliament that might make any derogation to the said provisions, excepting always and reserving the castle of St Andrews and castle yards of the same, conveyed to George [Home], earl of Dunbar upon the resignation of George [Gledstanes], archbishop of St Andrews, dissolved and dismembered from the said archbishopric by our said sovereign lord and estates, with express consent and assent of the said archbishop, personally compearing in parliament, to whom our said sovereign lord in place and recompense of the said castle has given and conveyed the provostry of Kirkhill, vicarage and archdean of St Andrews, to remain with the said archbishop and his successors in addition to a yearly pension of 300 merks given to the said archbishop, so that the said castle and castle yards shall in no way be comprehended in this present act, nor yet shall be accounted nor esteemed in any time hereafter any part or portion of the patrimony of the said archbishopric, but shall remain with the said George, earl of Dunbar, his heirs and successors as their proper heritage, lawfully conveyed to them and dissolved from the said archbishopric. And in like manner the said estates declare that the foresaid act granted in favour of the said bishops shall not be extended nor prejudicial to the infeftments, rights and titles made to Sir Robert Melville of Murdocairnie, knight, his heirs and successors mentioned therein of the lands of Monimail and Letham, with the manor place, yards and buildings of Monimail and patronage of the kirk of Monimail pertaining of old to the archbishop of St Andrews, and declare the same infeftments to stand in the own strength notwithstanding of this present act, providing always that the said Sir Robert Melville and his heirs sustain and maintain the ministers serving at the said kirk upon the fruits of the same kirk. And, notwithstanding of this present act and whole clauses therein contained, our said sovereign lord, with advice foresaid, having considered the feuars of the barony of Glasgow to be many in number and the poverty of the most part of them to be such as they are not able to furnish the ordinary charges for renewing their infeftments, has dispensed and by this present act dispenses regarding the foresaid clause of renewing of feus, with as many of the said feuars as have taken their feus, without diminution of the rental and conversion of victual and other duties in silver, and who shall obtain a ratification from John [Spottiswood], now archbishop of Glasgow, of the said feus and rights before the feast of All Saints [1 November] next; and declares the feus lawfully set as said is to the said persons valid and effectual, their heirs, successors and assignees always entering by the said archbishop as their immediate superior and by his successors to their said lands, rooms and possessions by brieves raised out of the said archbishops' chancellery, precepts of clare constat, resignations and confirmations as use is, and paying their feu mails, ferms, multures, kanes and other duties to the said archbishop and his successors in all time hereafter, without prejudice to the letters of gift and pensions granted to [Ludovic Stewart], duke of Lennox, Sir George, Sir James and Sir Archibald Erskine's pensions out of the fruits of the said archbishopric of Glasgow, to be possessed by the said lord duke during the said lord duke's lifetime only.
[1605/6/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, perfectly understanding that the due punishment inflicted to traitors and rebels, and the rewards rightly distributed to† faithful and well deserving subjects encourage the better sort in well doing and is a terror to the evilly disposed to give freedom to their inclination; in consideration thereof, with advice and consent of the estates of his highness's parliament, ratifies, approves and perpetually confirms the processes, sentences and dooms of forfeitures led, deduced and pronounced against Francis [Stewart], sometime earl of Bothwell, the late John [Ruthven], sometime earl of Gowrie, and the late Master Alexander Ruthven, his brother, their memory, together with the acts made regarding the inability of the posterity of the said traitors, and decrees, declares, statutes and ordains that the gracious restitution to be given by his majesty or any of his successors to any person or persons already forfeited since his majesty's perfect age, or who in any time coming shall happen lawfully to be forfeited by his majesty or any of his successors, or to their heirs or their successors, shall in no way hurt or prejudice any of his highness's subjects in the right and security obtained, or to be obtained, by them or any of them of the lands, possessions, tacks, rights, goods or gear pertaining to the said forfeited rebels and fallen to our said sovereign lord or his successors by their rebellion and forfeiture, but that the same lands, possessions, tacks, rights, goods and gear whatsoever fallen to his majesty in manner foresaid and lawfully conveyed by his highness, or hereafter to be conveyed by him or his successors to any of his or their faithful subjects, shall perpetually remain with and appertain to the receivers of the security and disposition thereof, notwithstanding the said gracious restitution to be obtained by the said forfeited persons or their heirs or successors, which shall be no further extended nor have no further force nor effect but for the rehabilitation of their persons only, and in no way to be extended to the lands, possessions, tacks, rights, goods or gear pertaining to them before their forfeiture and lawfully conveyed to any of his highness's obedient subjects at such time as the undoubted right thereof stood in his highness's person, fallen and become in his majesty's hands by virtue of the said forfeiture. And because the persons forfeited, their bairns and friends in prejudice of his highness's donators and others of his majesty's obedient and dutiful subjects, abstracts and absents the evidents, tacks and securities of the lands, rooms and possessions of the said forfeited persons, it is therefore statute and ordained that notwithstanding the abstracting and absenting by any persons of the evidents, tacks and securities of the lands and possessions which pertained to any forfeited persons, and whereof the rights being either conveyed or confirmed by his majesty, the said dispositions or confirmations are extant in his highness's register, that the extract thereof out of the register shall be as good and sufficient title and right to his majesty's donators and others of his obedient and dutiful subjects having right thereto for possessing and enjoying the said lands and possessions as if the principal and original evidents, tacks or securities were yet extant, and that the said evidents and securities shall not be discerned to make any faith or to be disproved for not production of the original and principal, the said extracts or confirmations being produced by his majesty or his donators and others foresaid, and they being content to abide at the verity of the deed and trial not only of the truth of the confirmation, but also at the truth of the writ which is inserted in the confirmation whereof the principal is abstracted.
[1605/6/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that in the act made in his highness's parliament in the year of God 1600, whereby the slaying of salmon fish in forbidden time or of kipper smolts or black fish at any time was declared to be theft, and the committers thereof were ordained to be punished for the same as for theft, the rivers of Tweed and Annan were then excepted because the said rivers at that time divided at many parts the bounds of Scotland and England adjacent to them, whereby the forbearance upon the Scots part of the slaughter of salmon in forbidden time and of kipper smolts and black fish at all times would not have made salmon any more to abound in these waters if the like order had not been then observed upon the English side, which impediment, through the infinite mercy of God, being now removed by the most happy uniting of the empire of both the kingdoms in the royal person of his most excellent majesty, undoubted and righteous monarch of the same, whereby the inhabitants of this whole isle are equally subject to his sacred person and laws, and the remedy of their harms and redress of their abuses, punishment of their transgressions and establishing of their universal well belongs to his charge; therefore our said sovereign lord and estates of his highness's parliament, clearly understanding that the cause of the said exception is now removed, ratify and approve the said act of parliament regarding the forbidding of salmon, kipper smolts and black fish in manner above-written, and pains of theft and death discerned against the contraveners thereof, and retreat and perpetually annul and abrogate the said exception of the said waters of Tweed and Annan, and decree and ordain that in all time coming the contraveners of the said act, or any part thereof in the waters of Tweed or Annan, or any part of the same, shall underlie the said pains of theft and death according to the quality, rank and estate of the committers thereof, and as if the first act had been general and the said exception had never been contained therein.
[1605/6/34]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain that the farmers of the customs in Scotland do keep an original book of all the goods that are entered and shipped for England, the ship's name, place and master's name and to what port the ship is bound, and to keep the entries of every port by themselves, and every half year the farmers of Scotland to send a true copy of the same books to the farmers of England, and the farmers of England to do the like to the farmers of Scotland, and once yearly likewise to send the one to the other all the returns which come from either kingdom for discharge of their bonds, to examine if they be not falsified, which being examined shall be returned back again. Likewise, it is statute and ordained that the cocket do pass in the names of the principal owners of the goods loaded in every ship and not in poor men's names scarcely known in England. Item, that order may be taken that no gear nor merchandise be suffered to pass by land from Scotland into England nor from England into Scotland by the waste grounds and wasches.† It is statute and ordained that all goods carried by land from Scotland to England or brought from England to Scotland may pass only by the ways of Berwick and Carlisle and by no other way, to prevent all fraud, and that all merchants do bring a certificate from the farmers' deputes of Edinburgh to the farmers' deputes of Berwick and Carlisle, and also the farmers' deputes of Berwick and Carlisle to give the like certificate for all goods passing those ways for Edinburgh or any other city or town in Scotland, and to keep original books thereof under the pain of warding of the persons of them who shall contravene this present act or any point thereof, and escheating and confiscation of the whole goods, gear and merchandise which any person or persons shall transport between Scotland and England otherwise than is prescribed in this present act.
[1605/6/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that by the act of parliament regarding the designation of manses and glebes to ministers, it is ordained that there shall be four acres of land designated to each minister for his glebe next adjacent to the kirk; and seeing that by the iniquity of time and disorder of the borders and highlands of this realm in time bygone,† there are sundry kirks within the same which have no arable land adjacent thereto, but only pasturage, so that by the foresaid act of parliament made regarding the designation of four acres of land only for the glebe of each minister and no further, the ministers serving the cure at such kirks as have no arable land adjacent thereto, but only pasturage, are greatly hurt and defrauded. For remedy whereof, it is statute and ordained that, in all time coming, there be designed to the ministers serving the cure at such kirks where there is no arable land adjacent thereto four sums of grass for each acre of the said four acres of glebe land, extending in the whole to 16 sums for the said four acres, and that of the most commodious and best pasturage of any kirk lands lying next adjacent and closest to the said kirks; and ordain letters to be directed against the possessors thereof for removing therefrom in the same form as is appointed by the foresaid act of parliament made regarding designation of manses and glebes of before.
[1605/6/36]*[print] [email] [cite] [preceding] [following]
It is statute and ordained by our sovereign lord and estates in parliament that in time coming in all teinding of corns, that the same be teinded at three several times every year if the owners of the corns shall think it expedient, namely: the croft infield corn at one time, the barley at another time, and the outfield corn at the third time; and declare that 15 days after the complete shearing of each sort of corn being outrun, that it shall be permissible to the owners at the said 15 days' end to make requisition upon 7 days to give them thankful teinding, and if the owners get not thankful teinding at the expiring of the said 7 days, the said estates declare that it shall be lawful to the owners of the said corns to teind and stack the same themselves according to the act of parliament made of before regarding teinding of corns in all points, and shall incur no danger through this.
[1605/6/37]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, being careful that the settled and peaceable estate happily begun in those parts of this country which were the late borders opposite England may be so maintained, as all occasions of disturbance thereof may be providently foreseen and conveniently remedied, and understanding that nothing is more able to bring diverse of the inhabitants of the said late borders to disparate courses and turbulent enterprises than the rigorous execution of old decreets obtained against them or their predecessors 20 years before his majesty's happy succession to his crown of England, specially where the said decreets of their own nature may bring the danger of the yearly violent profits upon the persons against whom the said decreets were obtained, and thereby often surmounting their whole property, if they be put to extreme execution will give the party occasion of such despair as may induce them to attempt so dangerous remedies as may disturb the general quietness and renew or begin hot and bloody feuds amongst the parties; for remedy whereof, and to the effect such old decreets of ejection or removing as were obtained 20 years before his majesty's coming to the crown of England, and no execution sought and obtained thereupon during the said space of 20 years preceding his majesty's obtaining of the crown of England, may not urge and drive to despair and misery such as have these three years bygone contained themselves in all dutiful obedience to his majesty's authority and laws, therefore, his majesty and estates foresaid statute and ordain that all such decreets of ejection and removing and all effect and execution that in any way may follow thereupon shall cease and in time coming be void, except for obtaining possession to the parties in whose favour the said decreets were pronounced of the lands therein contained and payment to them of the ordinary profits which the said lands have paid to the persons against whom the said decreets were given of the years since his majesty's going to England only, and of no other years preceding the same; with special provision that in case the persons against whom the foresaid decreets of removing or ejection were given shall happen hereafter to be lawfully denounced rebels and put to the horn for non-obedience of the foresaid decreets, they being first charged after the day and date hereof by all the charges contained in the letters raised or to be raised upon the said decreets to obey the same, in that case the said estates of parliament declare that the obtainers of the foresaid decreets shall have sufficient action against the defenders specified in the said decreets for the violent profits of the lands mentioned therein continually since the obtaining of the foresaid decreets according to the law, notwithstanding of this present act.
[1605/6/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain for the greater advancement and better execution of justice to all his majesty's lieges, and eschewing of the superfluous and unnecessary charges which they sustain by poinding on decreets obtained before sheriffs, stewarts and bailies, as well of royalty as regality, that the like letters and execution of horning be directed and granted by the lords of session upon all acts, decreets and sentences of sheriffs, stewarts and bailies, as well of royalty as regality, as is granted and directed upon decreets, acts and sentences of provosts and bailies within burgh according to the act of parliament made relating thereto and after the form and tenor of the same in all points.
[1605/6/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain that no person within this realm hereafter shall fee, hire or conduce any salters, colliers or coal-bearers without a sufficient testimonial of their master whom they last served, subscribed with his hand, or at least sufficient attestation of a reasonable cause of their removing made in presence of a bailie or magistrate of the part where they come from; and in case any receive, fee, hire, supply or maintain any of the said colliers, salters or coal-bearers without a sufficient testimony as said is, the masters from whom they came, challenging their servants within a year and a day, that the party whom from they are challenged shall deliver them back again within 24 hours under the pain of £100 to be paid to the persons whom from they passed, and that for each person and each time that they or any of them shall happen to be challenged and not delivered as said is; and the said colliers, coal-bearers and salters to be esteemed, reputed and held as thieves and punished in their bodies, namely, as many of them as shall receive advance wages and fees. And the said estates of this present parliament give power and commission to all masters and owners of coal pits and pans, to apprehend all vagabonds and sturdy beggars to be put to labour.
[1605/6/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having consideration of the act and statute made by his highness's predecessor King James II of worthy memory in the 14th parliament held by his majesty and 72nd chapter of the said parliament, regarding the setting of lands in feu ferm, as the act itself at length contains, under the pretext and colour whereof diverse persons holding their lands of other superiors for service of ward and relief have set the said lands held by them as said is in feu ferm to others of their subvassals for payment of a feu ferm duty, whereby they do manifest prejudice to their said superiors in altering of the said first holding expressly repugnant to the meaning of the said first act, whereas the said holding can be in no way altered by the vassals without some direct deed done by their superiors, tending to approve the said disposition which may alter the nature and condition of the said first holding; for remedy whereof, our sovereign lord and estates of parliament presently convened have statute and ordained, and by the tenor of this present act, statute and ordain in all time coming that it shall in no way be permissible to the vassals of any earl, lord, prelate, baron or any other freeholder within this realm, who holds their lands of their said superiors by service of ward and relief, to set their said lands which are held by them as said is to any other person in feu, for payment of a feu ferm duty in prejudice of their said overlords whom of they hold the said lands by service of ward and relief as said is, without the special advice and consent of their said superior had and obtained to the setting of the said lands in feu ferm or purchasing of the said superior's confirmation to the said disposition if any shall happen to be made as said is. And in case any such alienation shall happen to be made in any time to come without consent of the said superiors, or their confirmation obtained to the same, our said sovereign lord and estates of parliament find, decree and declare all such dispositions to be null and of no value, force nor effect either by way of action or exception.
[1605/6/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, finding that the laying of lint in lochs and burns is not only very hurtful to all fishes bred within the same, and bestial that drinks thereof, but also the whole waters of the said lochs and burns thereby being infected are made altogether unprofitable for the use of man and very harmful to all the people dwelling thereabouts; therefore, statute and ordain that no person nor persons in time coming lay in lochs and running burns any green lint under the pain of 40s on every occasion for each time they shall contravene, and also confiscation of the lint, to be applied to the poor of the parish within the which the said lochs and burns lie, and by the tenor hereof give power to the session of the kirk of each parish to try, examine and put this present act to execution, and to uplift the fines and to confiscate and dispose upon the said lint to the well of the poor of the parish as said is; and ordain letters of publication to pass hereupon in the appropriate form.
[1605/6/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the great favour shown and borne by his highness and his predecessors to the noblemen, barons and other subjects of this realm and their predecessors for their notable and memorable facts and services done to his majesty and his predecessors in defence and welfare of the realm in making and granting to them of heritable infeftments of their lands, baronies, lordships, castles, towers, fortalices, woods, mills, salmon fishings, offices and others therein contained, held of our said sovereign lord and his predecessors in free blench ferm for payment of certain blench ferm duties expressed in their infeftments, not as any burden or yearly duty, but by way of acknowledging and recognisance, if the same duties be required only; and that notwithstanding thereof within these late and few years the said noblemen, barons and others of our sovereign lord's lieges and subjects who hold their lands and others foresaid of our said sovereign lord in free blench are yearly, without any just cause, burdened, urged and compelled by charges to make payment in his highness's exchequer of certain sums of money as for the prices and value of the said blench duties, there being no such sums of money nor prices contained in their said infeftments; for remedy whereof our sovereign lord, with advice of the said estates, finds, decrees and declares that the noblemen, barons and other lieges and subjects who hold their lands and others foresaid of his majesty in blench ferm, are only justly due in payment of the blench duties expressed and set down in their infeftments if the same be required only, and that they ought in no way to be burdened, troubled or charged for sums of money as prices for the said blench duties, and that notwithstanding whatsoever act or ordinance made by the lords of his highness's exchequer, or other acts or ordinances whatsoever of whatsoever years bygone or to come, to the which this present act shall make and makes full derogation. And thereafter Sir Thomas Hamilton of Monkland, knight, advocate to our sovereign lord, in presence of the said estates, protested in his highness's name that the blench duties and spaces thereof contained in the foresaid infeftments be according to the king's majesty and his successors' estate and dignity; and thereupon the said lord advocate asked instruments.
[1605/6/43]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the act made of before by King James V of good memory, whereby it was statute and ordained that all sasines given by virtue of any precepts directed out of the chancellery should be given by the sheriffs of the shires, bailie or stewart where the lands lie, their deputes and clerk, as in the said act of the date 10 December 1540 at more length is contained, in all and sundry points, heads, articles, clauses and conditions of the same as far as the same extends, or may be extended, to sasines passed upon precepts directed out of the chancellery upon retours only. And the said estates of parliament decree and declare the same act made by King James V of the date above-written to have been only made for such sasines as are given by virtue of precepts that pass upon retours and to no other sasines directed upon any other precept directed out of the chancellery.
[1605/6/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm all acts of parliament and laws with all freedoms, privileges, immunities and liberties granted to the burghs regal within this realm by our sovereign lord or any of his highness's predecessors at any time of before; and decree and declare the said burghs and every one of them to have good right to possess their said privileges and liberties as they were wont to do of before.
[1605/6/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve all and whatsoever acts made heretofore by his majesty and his highness's progenitors and the estates of the realm for preventing of all tumults and unlawful meetings and convocations within burghs, and ordain the same to have effect and to be put to due execution against the contraveners thereof in all points, with this addition: that no person nor persons within burghs, of whatsoever rank, quality or condition they be of, presume or take upon hand from thenceforth, under whatsoever colour or pretext, to convoke or assemble themselves together at any occasion, except they make due intimation of the lawful causes of their meetings to the provost and bailies of that burgh, and obtain their licence thereto so that nothing be done or attempted by them in their said meetings which may tend to the derogation or violation of the acts of parliament, laws and constitutions made for the well and quietness of the said burghs, declaring by this act the said unlawful meetings and the persons present thereat to be factious and seditious and all proceedings therein to be null and of no value, and the said persons to be punished in their bodies, goods and gear with all rigour according to the laws of this realm. And to the effect the said unlawful meetings, with all other tumults, disruptions and squabbles that shall happen to fall out within the said burghs, may be substantially suppressed, ordain the whole inhabitants of the said burghs at all occasions to readily assist and concur with the magistrates and officers thereof for settling of the said tumults and disruptions and punishing of the authors and movers thereof; and such as shall not assist and concur with the said magistrates readily or their officers for clearing and settling of the said tumults and disruptions as said is, shall be reputed and held as fosterers and maintainers of the said tumults and punished thereof in their persons and fined in their goods at the arbitrament of the magistrates and council of the said burgh; and ordain publication to be made hereof at the market crosses of the said burghs that none pretend ignorance thereof.
[1605/6/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having a special regard to the maintenance and upholding of his highness's castles, palaces and houses as the same have been kept and maintained these many years bygone, decree and declare that the whole fruits and rents assigned, granted and conveyed for costs and charges of the maintenance and keeping of the said castles, palaces and houses shall remain with them in all time coming, notwithstanding whatsoever act or statute made in this present parliament, either special or general, which may be hurtful or prejudicial to the said fruits and rents assigned to the effect foresaid in any way.
[1605/6/47]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates convened in this present parliament, upon good and weighty considerations moving them, have freely and voluntarily offered and granted to the king's most excellent majesty, our sovereign lord, for relief and payment of his highness's debts and reparation of his majesty's houses, a taxation to be paid, collected and uplifted in manner and at the four terms following: that is to say, for the barons' and freeholders' parts of the same taxation, 20s money to be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of our sovereign lord's proper lands held by them immediately of his majesty, and paid at every one of the four several terms after-specified, that is to say, 20s at 1 February 1607, 20s at 1 February 1608, 20s at 1 February 1609, and 20s at 1 February 1610. And for the spiritual men and the burghs' part of the same taxation that there shall be uplifted of every archbishopric, bishopric, abbacy, priory and other inferior benefice and of every free burgh within this realm at every one of the said four times of payment, the just taxation of the same and as the same have been accustomed to be taxed to in all times bygone whenever the temporal lands of this realm were stented to 20s the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-specified. And for collection of the barons' and freeholders' parts of the same taxation and of the feuars' and renters' of our sovereign lord's proper lands part thereof, it is statute and ordained that letters be directed charging all and sundry sheriffs, stewarts and bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands, that they and each one of them within the bounds of their offices raise and uplift the said sum of 20s money of every pound land of old extent lying within the bounds of their jurisdictions for every one of the four terms' payment above-specified, and bring in and deliver the same to James Hay of Kingask, his highness's collector general appointed for receiving of the same whole taxation, or to his deputes and officers in his name, having his power to receive the same at the particular terms above-specified under the pain of rebellion; and if they fail therein, at the bypassing of every one of the same terms, to denounce and escheat etc., and for their relief that letters be directed charging all and sundry earls, lords, barons and freeholders, feuars and renters of our sovereign lord's proper lands to make payment to the said sheriffs, stewarts, bailies and their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, each one of them for their own proper parts respectively, of the said sum of 20s money for every pound land of old extent pertaining to them for every one of the said four terms' payment within 20 days next after they be charged thereto under the pain of rebellion etc.; and if they fail, to denounce and escheat etc., and if need be that the said sheriffs, bailies, stewarts, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie for that as they shall think most expedient, providing always that the first term's payment of the same taxation be ever past before the next term's payment be charged for; and that the said earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands have letters for their relief to charge their vassals, subvassals, ladies of terce, conjunct fiars and life-renters to make payment of their parts of the same taxation within 20 days after the charge under the pain of rebellion etc., and if they fail, to denounce and escheat etc., and if need be to poind and distrenzie. And for the spiritual men's part of the same taxation, that letters be directed charging all and sundry archbishops, bishops, abbots, priors and other beneficed persons contained in the tax rolls, their chamberlains, factors and intromitters with their livings to make payment of that sum that they and every one of them are taxed to for every one of the said four terms' payment to the said James Hay of Kingask, his majesty's collector foresaid, his deputes and officers in his name having his power to receive the same, at the particular terms above-specified, under the pain of rebellion etc., and if they fail, to denounce and escheat etc, providing always that the first term's payment of the same taxation be ever past before the next term's payment be charged for. And that the prelates and beneficed persons for their relief have letters charging their vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to make payment of their parts of the same taxation proportionally within 20 days next after the charge, under the pain of rebellion etc., and if they fail, to denounce and escheat etc, and if need be to poind and distrenzie for that as they shall think most expedient; always declaring that the production of sufficient hornings against the said feuars, vassals, tacksmen and pensioners shall be a relief to the said prelates and beneficed persons, and shall exonerate them according to amount from the payment of the same taxation, providing that the same hornings, with their tax rolls authentically made and subscribed by the said prelates and beneficed persons, and by their vassals, tacksmen and pensioners, containing the particular sums that every one of them are taxed to, be delivered to the collector of the same taxation within the space of 40 days after each term, otherwise he shall be in no way obliged to receive the same, neither shall the prelate and beneficed persons be exonerated by production of the same at any time thereafter. And further, that the said prelates and other beneficed persons may have their relief of their said vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to their greater ease and less trouble to their said vassals and others foresaid, and to the effect that every man proportionally may pay his part of the same taxation according to the quantity and value of the free rent he has of his lands, pensions and teind sheaves pertaining to him, as well the prelate himself as the feuar, tacksman and pensioner, it is thought expedient, statute and ordained that the said prelates shall, every one of them severally, convene his whole feuars, vassals, tacksmen and pensioners at such convenient place as he shall think fittest and cause summon them personally or at their dwelling places to that effect, and being convened the said prelates and beneficed persons shall show to their vassals, feuars, tacksmen and pensioners the quantity of the said taxation imposed upon them authentically subscribed by clerk of the same taxation and they, with a consent, shall distribute the same to be paid by every man as well by the prelate† as by the vassal, feuar, tacksman and pensioner according to the great or small quantity of his free rent that he has either of his lands, teinds or pension; with certification to any of the said persons, feuars, vassals, tacksmen and pensioners that compears not at the day appointed to the effect foresaid, that such as shall compear with the said prelate and beneficed person shall proceed in the equal distribution of the same taxation, as well amongst those who are present as amongst the absents, which shall be as lawful in all respects as if the whole number were convened. And for collection of the burghs' part of the same taxation, that letters be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the said James Hay of Kingask, his highness's collector general foresaid, his deputes and officers in his name having his power to receive the same, at the particular terms above-specified, under the pain of rebellion etc., and if they fail, to denounce and escheat etc.; and for their relief that letters be directed charging all and sundry inhabitants within each burgh to convene and elect certain persons to stent their neighbours, and the said election being made to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of each burgh, and to convene and set the same and make a stent roll thereupon as appropriate within 24 hours next after they be charged thereto, under the pain of rebellion etc., and if they fail, to denounce and escheat etc.; and likewise the said stent roll being made and set as said is, to charge the burgesses, neighbours and inhabitants of each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be given out thereupon within three days next after the charge, under the pain of rebellion etc., and if they fail, to denounce and escheat etc., and if need be that the said provost and bailies poind and distrenzie for that as they shall think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear that he has within burgh, in no way respecting his lands and possessions which he has to landward, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the same taxation be past before the next term's payment be charged for. Moreover, his highness and the said estates decree and declare that the charges to be given for payment of the same taxation shall be executed before the terms of payment above-specified for every terms' payment particularly by itself, and that the denunciation of horning following thereupon shall not be executed until the term of payment be past, which denunciation so following upon the charge given before the said terms of payment the said estates decree and declare to be valid and sufficient. Moreover, his majesty and the said estates, considering the great abuse that has been used in all times bygone by sundry of the lieges of this realm, against all good conscience, in causing their poor farmers and labourers of their ground, being removable, who are subject in very dear ferms, paying to relieve them of the whole burden of the same taxation, which has been the occasion of the impoverishing of a great number of the said poor labourers and farmers and bringing of them to utter wrack and ruin, whereas of reason the said tenants should be altogether free of the payment of any taxation and the same should be paid by such as have free rents, lands and goods of their own; for remedy whereof, it is statute and ordained that no person whatsoever exact or compel his tenants or farmers removable who pay him ferm for his lands occupied by them to pay any part of this present taxation or to suit relief of the same at their hands; and if the same be found done by any persons that they shall be called and convened for that before his highness's justice and his deputes as violent and masterful oppressors of his highness's subjects and punished for that according to justice.
[1605/6/48]*[print] [email] [cite] [preceding] [following]
Forasmuch as the whole estates of this present parliament not only see but, to their infinite comfort, by daily experience, feel the manifold blessings redounding to them from their most gracious sovereign, the sincerity of whose intentions, righteousness and wisdom in his actions and zeal to religion and justice having procured to his highness the undoubted favour of God and man, have therewith also bred to this his native kingdom so perfect peace and universal prosperity that neither the experience of the present, nor memory of any past age, is able to record any preceding example whereby either the ordinary traffick and repair of people has been so freely and commodiously dispersed to so many so far distant nations (which heretofore being only known to us by name, are now for the reverence and love borne by all people to our most renowned king so favourably patent to all our commerce as no people are more universally acceptable and welcome to all nations), or that the bowels and whole bounds of this kingdom were ever so happily purged of violence, hurt and disorder, and so universally blessed with peace, justice and Christian policy as by the exceeding care, provident direction and great charges of his most excellent majesty is now established, so that we want no part of our wished earthly felicity but the desired presence of his most sacred majesty, which to our unspeakable comfort his highness has been pleased by his wise, humane and most kind letter directed to the estates graciously to promise most willingly to remedy by his assured repair to this country so soon as the necessary impediments thereof can be removed. In consideration of which so many so great benefits, the said estates truly acknowledging how justly they are bound to give most hearty and continual thanks and praise to God, the author of the same, and to their sacred sovereign, his blessed instrument thereof, and fervently to beseech God long to continue his foresaid graces with them and their most gracious sovereign long and happily to reign over them. And therewith also being most willing according to their bound duty to make effectual demonstration of their most grateful minds to his excellent majesty and to endeavour themselves so to remove all impediments and earnestly to advance all means and occasions of his majesty's resort to this country as may bear witness to the world how thankfully and dutifully they acknowledge and foresee the infinite commodity and contentment which undoubtedly they shall receive by the same, albeit they be not able to offer or perform that which in any degree approaches to the large proportion of his royal bounty and favour to them, yet hoping that his majesty in his customary goodness will graciously accept of their most faithful affections, and in his princely wisdom consider that they now only present their first fruits of that settled and peaceable estate, which being recently established by his majesty's favour and providence will, with time, increase their wealth and ability and make it more nearly to approach than at this time it can, to the full measure of their most hearty affections, every way to gratify and serve his majesty; therefore, in most humble manner, the said whole estates of this realm earnestly beseech his most sacred majesty graciously to accept this their offer of a taxation, which, with most faithful hearts as a pledge and token of their most loyal service, humble obedience and unchangeable affection, they offer to his majesty to be imposed, collected and paid to his highness by the said estates in manner and at the four terms following: that is to say, the earls, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of his majesty's proper lands the sum of 20s money at every one of the four terms following, namely: the sum of 20s at 1 February 1607, the sum of another 20s at 1 February 1608, the sum of another 20s at 1 February 1609, and the sum of another 20s at 1 February 1610. The archbishops and abbots for the spiritual estate have granted that there shall be uplifted of all the archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this realm, at every one of the four terms above-specified, the just taxation thereof, and as they have been accustomed to be taxed to at all the times bygone whenever the temporal lands of this realm were stented to 20s the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted of all burghs within this realm at every one of the four terms above-written, the just taxation thereof and as they have been accustomed to be taxed to in all times bygone whenever the temporal lands of this realm were stented to 20s the pound of old extent, and the same taxation to be paid at every one of the four several terms above-mentioned. And in regard that his majesty has erected sundry prelacies in temporal lordships, whereby the owners thereof may claim to be taxed with the barons of the temporal estate, and through which his highness will be defrauded of a great part of the same taxation, therefore it is statute and ordained that all erections of prelacies in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the same taxation proportionally as if they were in no way erected and as they were subject to do before the erection of the same. And likewise it is statute and ordained that all dissolved benefices within this realm shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay so the same had not been dissolved. And further the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of this present taxation (except only the privileges granted to the senators and members of the college of justice).
[1605/6/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, remembering the long, faithful, profitable and most acceptable services done to his highness by his right trusty well-beloved cousin and familiar councillor George, earl of Dunbar, lord Home of Berwick, chief treasurer of Scotland, chancellor of the exchequer in England, who, from his tender youth having dedicated his body, mind and whole life to his majesty's service, safety and honourable contentment, has since so constantly persevered in that honourable intention that in the years of his majesty's minority, when the distracted factions of his nobility and subjects of all ranks within the kingdom of Scotland not only troubled his royal estate, but very often endangered his most sacred person, he showed himself to be then so careful and watchful servant that, rejecting the pleasures with which men of that age are usually delighted, if not overcome, and fixing his heart, eyes and solicitude upon the espying, discovering and remedying of his majesty's dangers, procured to himself such hatred of his majesty's rebellious subjects, that they coming to his majesty's presence with such forces as could not for the time be resisted by the small number of his highness's faithful servants being then in his grace's company, they resolved not to suffer him whose truth they knew to be unchangeable from his master to remain any longer in his grace's company, but forced him to retire and depart from court where his enemies, having the passages of his retreat on all hands beset for no other quarrel but his fidelity to his prince and master, he hardly escaped the danger of death; and so soon as his majesty had liberty to make choice of his own servants, the said George being then called back by his majesty to his former place of service, he therein continued so faithfully and carefully that not only within the realm of Scotland, but also in the foreign parts of Norway and Denmark, he gave such proof and satisfaction to his majesty by the exceedingly great and manifold effects of his wisdom, secrecy and diligence in matters of chief moment highly concerning his grace's honour and contentment, that being thereby thought daily more worthy of employments of greater honour and trust, his sufficiency proved always capable of more weighty charges so that thereafter, not only in peaceable and quiet times, but also in the troubles arising by the rebellion of [Francis Stewart, earl of] Bothwell and others, he persevering always constant in his faithful duty, they no sooner avowed and uttered their disobedience to his majesty, but therewith also professing deadly hostility and hatred to his said trusty councillor, his death was one of the chief aims of their craft and malice, wherefrom being preserved by the providence of God for his highness's better use, as well in the administration of the office of treasury of the said kingdom, when his majesty's great debt and charges forced other officers to renounce the burden and cure thereof, and in handling of the greatest and weightiest affairs of that kingdom, as in the secret dealing, intelligence and concurrence by council and action with those who were most willing and able to prepare the lawful and necessary means of his majesty's happy and peaceable attaining to the possession of his righteous inheritance and kingdom of the crown of England. In consideration of those and many others, his most singular, profitable and worthy services done in effect to his majesty since his passing to England, to the hurt of his body, decay of his health and great danger of his life, his highness being resolved never to leave the faithful merits of his long approved servants unremembered or unrewarded, therefore, with mature deliberation, consent, decreet and approbation of the whole estates of his majesty's kingdom of Scotland convened in parliament, upon exact trial, clear probation and by their manifest, notorious and recent knowledge of all the premises, acknowledging, finding and declaring the same to be great, worthy and acceptable services effectually continued from time to time, and to be great, obvious and reasonable causes tending to the evident well of his majesty's person, crown and estate, his subjects and successors of the said realm, for the which cause, his majesty, with consent of parliament, may convey the lands, right of patronages and others particularly after-specified in manner of holding and for the yearly duties underwritten, ordains a charter to be made under his highness's great seal in the more form giving, granting and heritably conveying, likewise by the tenor hereof, upon certain knowledge and free motive after all his highness's revocations, general and special, and after lawful dissolution made in parliament, with consent of his highness's comptroller, collector general and treasurer of the new augmentations and remaining officers of state and Sir John Arnott of Birswick, knight, his grace's treasurer depute, in place of the said earl, being now treasurer principal himself, gives, grants, heritably conveys and perpetually confirms to his said right trusty and well-beloved cousin and familiar councillor George, earl of Dunbar, lord Home of Berwick etc., his heirs and assignees, all and whole the lands and barony of Greenlaw Redpath, comprehending the lands and barony of Greenlaw, tower, manor place, houses, common muirs, mills, multures, annexes, connexes, advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk of the parish of Greenlaw; the lands of Broomhill and Blaissinbraid with all their pertinents; the lands of Greenlawdean with the mill thereof, mill lands, manor place and astricted multures of whatsoever lands used and wont to grind their corns at the said mill; the lands of Polkehauch and Blassinbraid, alias Blassinberrie; the lands of tenancy Eastfield, Whiteside, Markis Worth, Clay Dub and all their pertinents; the kirk lands of Greenlaw, all and whole the burgh and town of Greenlaw, with all privileges and liberties thereof contained in the said earl's former infeftment of the same; the lands of Horsley with the whole teinds thereof included; the lands of Greenwood with the teinds thereof included; and the lands of Dirrington with the teinds included, all lying within the sheriffdom of Berwick united and incorporated of before in the said barony of Greenlaw Redpath; all and whole the tenancy of Crumstane, comprehending the lands and ground whereon the castle of Dunbar is situated, the forts, castle stead and whole precinct thereof, with houses, yards and pieces of land used and wont to pertain to the said castle; the lands and bounds of the great loch of Dunbar; the lands of Broompark with meadows and horse enclosures; the links and cuningar of East Barns and all pertinents belonging of old to the lordship and barony of Dunbar; also all and whole the lands of Rulesmains, Sampsones Wallis, Crumstane with the mill thereof, the lands and acres beside and within the town of Duns with the cottages thereof, the lands of Newton Whitsome, two husband lands in Hilton and lands called Preston Waris, with all their parts, pendicles, annexes, connexes, dependencies and pertinents, lying in the said sheriffdom of Berwick, together with advocation, donation and right of patronage of the benefices and chaplainries following, namely: the deanery of Dunbar, including the parsonage and vicarage of the parish of Whittingehame, the archpriesthood or vicarage of Dunbar, including all the kirk lands and teinds used and wont of all and whole the parish of Dunbar, the prebendary of Duns, including parsonage and vicarage of the whole parish of Duns, the prebendary of Chirnside, including parsonage and vicarage of the whole parish of Chirnside, the prebendaries, canonries or parsonages of Dunbar, Pinkerton, Belton and Pitcox, the chaplainries called the Faull Preistis and all other chaplainries found of old within the college annexed thereto, with the commons or commonty teinds depending upon the yearly fruits and commodities of the foresaid as proper pertinents of the same, all united and incorporated in the foresaid tenancy of Crumstane. And further, our sovereign lord, with advice, consent, approbation and decreet above-written, gives, grants and conveys to the said George, earl of Dunbar and his foresaids all and whole the lands, town and barony of Foulden, with tower, fortalice, manor place, yards, mills, mill lands, multures, tenants, tenancies, service of free tenants, parts, pendicles, dependencies and all their pertinents, with the right of patronage, advocation, donation of the parsonage and vicarage of the kirk of Foulden; as also all and whole the lands, town and barony of Edington, with fortalice, manor place, houses, orchards, yards, the mains, mills, mill lands, multures and pertinents thereof, comprehending also the lands of Clarabad, Redheugh, an husband land in the town and territory of Hutton, an husband land in the town and mains of Duns, with tenants, tenancies, service of free tenants and all their pertinents united and incorporated in the foresaid barony of Edington, all lying in the said sheriffdom of Berwick; and also all and whole the heritable office of the keeping, captaincy and constabulary of the castle of St Andrews, houses, yards thereof, with privileges, liberties and pertinents thereof whatsoever used and wont, lying in the city of St Andrews within the sheriffdom of Fife, with power to the said earl and his heirs to make, create and constitute captains, keepers and all other officers necessary for the custody of the said castle, together with the yearly payment of 16 chalders of victual, half wheat, half barley, good and sufficient stuff yearly to be uplifted at the terms of payment used and wont out of the readiest ferms and rents of the lands of West Barns, Rig and Fluris, lying in the lordship of Dunbar within the sheriffdom of Edinburgh and constabulary of Haddington; which whole lands, baronies, castles, towns, mills and others particularly aforementioned pertained heritably of before to the said George, earl of Dunbar, with the right of the patronage of the benefices above-written held by him immediately of our sovereign lord, and which were purely and simply resigned by him and his procurators in his name at Whitehall in his majesty's hands, with all right, title etc.; likewise the said castle of St Andrews was resigned freely at Whitehall by George [Gledstanes], now archbishop of St Andrews, his procurators and patent letters in his grace's hands with all right, title etc. Moreover, our sovereign lord, in consideration and remembrance of the faithful services above-rehearsed, being great, evident and weighty cause of the preservation and well of his majesty's royal person, crown and estate, evident commodity of his successors and lieges of the said realm, with mature deliverance, advice and decreet of the said whole estates of parliament as said is, and also with consent of his highness's comptroller, collector general and treasurer of the new augmentations and remaining officers of state and Sir John Arnott, treasurer depute, in place of the said earl, now chief treasurer, has of new given, granted in feu ferm, let, heritably conveyed and confirmed forever, likewise by the tenor of this charter gives, grants and in feu ferm lets, heritably conveys and perpetually confirms to his said trusty cousin and well-beloved councillor George, earl of Dunbar, his heirs and assignees, all and whole the foresaid lands and barony of Greenlaw Redpath, containing the said lands and barony of Greenlaw, tower, manor place, houses, common muirs, mills, multures, annexes, connexes and right of patronage of the parsonage and vicarage of the said parish of Greenlaw, the lands of Broomhill and Blassinbraid with all their pertinents, the lands of Greenlawdean with the mill thereof, and astricted multures above-specified; the lands of Polkehauch and Blassinbraid, alias Blassinberrie, tenancy Eastfield, Whiteside, Merkis Worth, Cleidene and all their pertinents; the kirk lands of Greenlaw; all and whole burgh and town of Greenlaw with all privileges thereof; the lands of Horsley, Greenwood and Dirrington, with the whole teinds of the same included as said is; all and whole the said tenancies of Crumstane containing the lands, ground, forth, precinct and castle stead of the castle of Dunbar, with all their pertinents; the lands and bounds of the great loch, Broompark, meadows and horse enclosures; the cuningar and links of East Barns, with dovecot and all their pertinents; the said lands of Rulesmains, Sampsoniswallis, Crumstane and mill thereof; the lands and acres beside and within the said town of Duns with the cottages thereof; the whole town and lands of Newton Whitsome, with tenants and tenancies thereof; two husband lands in Hilton and Preston Wairis, with all parts, pendicles and pertinents thereof, with advocation, donation and right of patronage of the deanery of Dunbar; the archpriesthood of Dunbar; the canonries and prebendaries of Duns, Chirnside, Dunbar, Pinkerton, Spott, Belton and Pitcox; the chaplainries called the Saullpristis, and all other chaplainries founded or annexed of old to the said college of Dunbar, together with the prebendary of the parish of Linton, including parsonage and vicarage thereof annexed and founded of old within the same college kirk of Dunbar, with the said commons and commonty teinds pertaining and depending upon the yearly rents of the said kirks as proper pertinents of the same; and also all and whole the lands of Lochend, with meadows and pertinents thereof; the whole town and lands of Meikle and Little Pinkerton, Whiterig and burgh, with tenant, tenancies and all their pertinents pertaining to our sovereign lord, being parts of his highness's annexed property and patrimony of the crown; all and whole the said lands, town and barony of Foulden, with mills, mill lands, annexes, connexes and all their pertinents with the right of the patronage of the parsonage and vicarage of the said parish kirk of Foulden; all and whole the said lands, town and barony of Edington, with the mains, mills and the special lands above-written, united and annexed thereto of before with their pertinents; the said heritable office of captaincy and custody of the said castle of St Andrews with the said yearly payment of 16 chalders of wheat and barley to be uplifted in manner above-specified; and finally, all and whole the lands and mains of Fast Castle or Wester Lumsden, Dowlaw, Dudoholme, alias Coldside, Old Town, Newton, with the mill, multures, fishings and whole teinds thereof included with the castle and manor place of Fast Castle and all their pertinents; all and whole the lands of Flemington called the Nether Ayton, Redhall, Netherbyre, Brownsland and Gunsgreen with the corn and waulk mills, mill lands, multures, parts, pendicles and all their pertinents with the whole teinds thereof included, the lands of Fairnieside and teinds thereof included; all and whole the lands of Lamberton with mills, parts, pendicles and pertinents thereof, with the whole teinds of the same included, all lying whole within the barony of Coldingham and sheriffdom of Berwick, vacant now and become in his majesty's hands at his gift, donation and disposition by virtue of acts of annexation of the temporality and kirk lands of the priory of Coldingham to the crown by acts of parliament held in the years of God 1587 or 1592, or by whatsoever other acts and constitutions of the said kingdom of Scotland whereby the said kirk lands of Fast Castle, Flemington, Fairnieside and Lamberton, or teinds thereof, are fallen and pertain in any way to his highness by whatsoever right, title and occasion bygone. Moreover, our sovereign lord, of certain knowledge, with advice, consent, decreet and approbation of parliament above-written, gives, grants and conveys to the said George, earl of Dunbar and his foresaids, all right, title, interest, claim of right, petitioner and possessor, both property and possession, which his majesty, his predecessors and successors ever had, has or in any way may have, claim and pretend to all and sundry the foresaid lands, towns, baronies, castles, mills, woods, fishings, teinds, tenants, tenancies, right of patronage of all benefices, parsonages, vicarages, canonries, prebendaries, chaplainries and all others described before with all their pertinents, or until any part or portion of the same mails, ferms, rents, profits and duties of whatsoever years and terms past, by reason of ward, relief, non-entries, escheats, forfeitures, recognitions, purprestures, disclamations, bastardries, reductions of infeftments, sasines, retours, alienation of the whole or most part, or by virtue of whatsoever acts of parliament, laws and constitutions of the realms for wanting of original and other evidents, infeftments and securities or not confirmation in due time, or for non-payment of the past mails, feu ferms and duties, diminution of the rental, or by alienation, alteration and changing of the holdings, not obtaining the present titulars' consents to this infeftment of donation of the said benefices, or by any other laws, acts, proclamations and constitutions of this realm, or for any other causes, actions and occasions past, preceding the day and date hereof, renouncing, quitclaiming and transferring the same with all action and instance thereof to and in favour of the said earl and his heirs forever, with an agreement not to appeal etc., with supplement of all faults etc., promising in the word of a prince for his majesty and his successors never to move, action, question nor suit against them relating thereto. And also his majesty, of certain knowledge and free motive, upon his royal authority and princely power, with consent and decreet of parliament, unites, annexes, erects, creates and by the said charter forever incorporates all and sundry the foresaid lands, towns and baronies of Greenlaw Redpath, Foulden, Ithingtoun, Pinkertons, Lochend, Fast Castle, Flemington, Fairnieside, Lamberton, the tenancy of Crumstane, the castle of St Andrews, with the fee thereof, other castles, manor places, lands, mains, mills, mill lands, multures, fishings, meadows, lochs, links and all their pertinents and their teinds included, together with the rights of patronages of all parsonages, vicarages, canonries, prebendaries, chaplainries and others whatsoever, generally and specially above-rehearsed, with all their pertinents, tenants, tenancies, pendicles and dependencies, in a whole and free earldom, lordship of parliament and free barony, to be called in all time coming the earldom, lordship, barony of Dunbar; and that a sasine now to be taken by the said earl and by his heirs hereafter at the old manor of Foulden shall stand and be sufficient for all and sundry the forenamed lands, baronies, towns, castles, mills, fishings, annexes, connexes, parts and pendicles, with the teinds thereof included, advocation, donation and rights of patronages of the foresaid kirks, prebendaries and others respectively above-expressed, notwithstanding the same lie not together, nor adjacent, but in several parts and sheriffdoms, as freely, amply and largely in all respects, commodities, liberties and privileges whatsoever as any earl, lord of parliament and baron holds his lands, earldom, lordship and barony of his majesty within any of his kingdoms and dominions; and specially annexes the right of advocation, donation and patronage of all the particular benefices aforementioned to the said whole lands and earldom of Dunbar, and to every part and portion thereof annexed thereto expressly as is declared before to be held and to be had, all and whole the foresaid lands, towns and baronies of Greenlaw Redpath, Foulden, Edington, Pinkertons, Lochend, Fast Castle, Flemington, Fairnieside, Lamberton, the tenancy of Crumstane, the castle of St Andrews with the payment thereof, other castles, manor places, mains, mills, mill lands, multures, fishings, meadows, lochs, links, tenants, tenancies and teinds thereof included, with the rights of patronages of all parsonages, vicarages, canonries, prebendaries, benefices, chaplainries and others whatsoever, specially and generally above-expressed, together with all privileges, freedoms and commodities belonging and appertaining thereto, now united, annexed and incorporated in an earldom, lordship and barony as said is, to the said George, earl of Dunbar, his heirs and assignees, of our said sovereign lord and his successors in free heritage, free earldom, lordship of parliament and free barony forever, by all rights, meiths, marches etc., coal, coal pits etc., free ish and entry with fork, sock, sak, toll, theame, infangthief, outfangthief, pit and gallows, tenants, tenancies, service of free tenants, hills, valleys, fields, free forests, vert and venison escheats and amercements of courts, agreeable to the laws of forest, wrak, wair, waith and all other liberties, freedoms, privileges, commodities etc., with full power to the said earl, his heirs and assignees to reduce all and sundry infeftments, rights and titles made to whatsoever persons of the foresaid earldom, lands and patronages therein contained or any part thereof, for any cause, ground or occasion competent of the law, and to convey thereupon at their pleasure. And our sovereign lord, by this ratification, with advice of the said estates of parliament, dissolves the said lands of Pinkertons, Lochend and others within the lordship of Dunbar and patronage of all the benefices and others founded to the said college thereof, with the said lands of Fast Castle, Flemington, Fairnieside and Lamberton, and teinds of the same and annexation thereof, from the patrimony of the crown in all time coming, as the same had never been annexed, to the effect this his grace's infeftment of the foresaid lands and patronages may be effectual and stand perpetually valid to the said earl, his heirs and assignees, giving yearly the said George, earl of Dunbar, his heirs and assignees to his majesty and his successors for the said lands and old barony of Greenlaw Redpath, tower, fortalice, mills, common muirs, and for the said lands of Broomhill and Blassinbraid with their pertinents, a red rose at the castle of Greenlaw in the feast of St John the Baptist's birthday [24 June] in name of blench ferm, if it be asked, only; and for the right of patronage of the said parsonage and vicarage of Greenlaw, a white rose at the said castle the same feast day in name of blench ferm, if it be required, only; for the said lands of Rulesmains, Sampsoneswallis, Crumstane, with the mill thereof, the lands and acres in Duns, the whole town and lands of Newton Whitsome, the two lands in Hilton and Prestounwaris, with the said right of patronage of the benefices, canonries, prebendaries, chaplainries, commonties and others annexed and founded within the said college kirk of Dunbar, 12 pennies Scots money on Whitsunday [May/June] at Crumstane in name of blench ferm, if they be required, only; for the said lands, towns and baronies of Foulden and Edington, annexes, connexes and all their pertinents, with the right of patronage of the said kirk of Foulden, two white roses, one at the said castle of Foulden and another at the said castle of Edington in the feast of St John the Baptist† in name of blench ferm, if they be required, only; and for the said office of keeping of the said castle of St Andrews, with the yearly payment above-written, a white rose, with due service in administration of the office of captaincy and constabulary of the said castle, at Whitsunday in name of blench ferm, if it be asked, only; paying also the said earl and his foresaids to our sovereign lord, his successors and comptrollers for the time for the said lands of Greenlawdean, manor place, mill thereof, multures, the said lands of Polkhauch, Blassinbraid, alias Blassinberrie, the lands of tenancy of Eastfield, Whiteside, Mark Worth and Claydub, with all their pertinents, and for the said town and burgh of Greenlaw, houses, buildings, yards, kilns, barns, tofts, crofts, privileges and liberties of the same, the sum of £46 7s 6d usual money of Scotland, with 4s 6d in augmentation of the rental, extending in the whole to £47 Scots money at Whitsunday and Martinmas [11 November] by equal portions in name of feu ferm only, and doubling the said feu duty at the entry of each heir as use is; and for the said lands, forts and castle stead of Dunbar, houses, barns, yards, great loch, meadows and their pertinents, £3 Scots money at the said two usual terms, and doubling the same at the entry of each heir in name of feu ferm; for the said town and lands of Meikle and Little Pinkerton, Burt and Whiterig with their pertinents, £50 Scots money at the said two terms of Whitsunday and Martinmas, with 10s of augmentation in name of feu ferm, and doubling the same at the entry of each heir; and for the said lands of Lochend with their pertinents, the sum of £53 6s 8d Scots money at Whitsunday and Martinmas in name of feu ferm only; and for the said lands of Broompark and Horswardis, two chalders of oats with the measure used and wont and a peck of oats of augmentation of the yearly rental; for the said links of East Barns 160 sets of rabbits, as old duty accustomed for that, with 5s Scots in augmentation of the yearly rental at the terms of payment of ferms and rabbits used and wont in name of feu ferm only; paying likewise the said earl and his foresaids to our sovereign lord and his successors, their treasurers of the new augmentation and others having right for the time for the said kirk lands of Greenlaw, £3 14s Scots money; and for the said lands of Horsley with the teinds included, £22; for the said lands of Greenwood and teinds thereof included, 50s; for the said lands of Dirrington and teinds included, 10s usual money foresaid; finally, for the said lands of Fast Castle, with all their pertinents and teinds of the same included, for the said lands of Flemington, with mills and all their pertinents and teinds thereof included, and for the lands of Fairnieside, with their teinds included, the sum of £60 Scots money; and for the said lands of Lamberton with mills, pendicles and pertinents thereof, with teinds included, the sum of £40 usual money of Scotland at the said two terms in the year, Whitsunday and Martinmas in winter, by equal portions in name of feu ferm only; for all other duties, burdens, questions, taxes, taxation claims and warding services whatsoever that may be asked or required of all and sundry the said towns, lands, baronies, castles, mills, fishings, teinds, annexes, connexes, right of patronages and others whatsoever above particularly mentioned, comprehended in the said united earldom, lordship and barony of Dunbar, or out of any part and portion of the same in all times coming. Moreover, his majesty and estates foresaid statute, decree and declare that the rental and yearly duty above-written of the whole lands particularly before mentioned, set down and appointed to be paid by the said George, earl of Dunbar and his foresaids, as well held of old of his majesty and his predecessors immediately or being of his majesty's old property as now pertaining to the crown by general or special acts of annexation of temporal lands thereto, to his majesty and his successors, their said officers, chamberlains and others having right for the time to receive the same for all and sundry the lands, baronies, offices, mills, fishings, teinds, castles, kirks and patronages specially described before, to have been and to be the just, greatest, best and most profitable rental which ever the forenamed lands, baronies, offices, kirks, teinds and patronages above-rehearsed paid to his majesty and his predecessors, and that the payment of the said rental and yearly duties in time coming is, and shall be, a sufficient rental, and shall defend and relieve the said Earl of Dunbar and his foresaids of all action, claim, question and danger that may be pretended upon diminution of any former greater rental allegedly paid for that to his majesty or his grace's predecessors in any time bygone; likewise his majesty, for him and his successors, with advice, consent and deliberation of the estates, with certain knowledge and of their free motive, renounces and simply discharges all action, instance, right and pursuit which they ever had, have or may have against them for alleged diminution of the rental or otherwise. Finally, to the effect that the said Earl of Dunbar and his foresaids may with the more perfect security enjoy and possess in all time coming all and sundry the patronages of the kirks, benefices, prebendaries and chaplainries above-mentioned, therefore his majesty, with advice and consent of the said estates, has dissolved and by the tenor hereof expressly dissolves the union and annexation of the patronages and advocation of all and sundry the said kirks, prebendaries, chaplainries and commonties, with their pertinents, pertaining of old to the college, kirk, barony and lordship of Dunbar, and other kirks, benefices and patronages thereof particularly above-rehearsed from his majesty's crown to the effect the same may be conveyed heritably and effectually by his majesty, with advice foresaid, to the said earl and his foresaids in manner above-written; likewise by the tenor hereof our sovereign lord, with advice and deliberation of the estates foresaid and other officers, conveys to the said George, earl of Dunbar all and sundry the said patronages of the kirks, benefices, chaplainries, prebendaries and commonties with all their pertinents pertaining to the said college and lordship of Dunbar and all other kirks, benefices and patronages thereof particularly above-written, which heritable disposition his majesty and estates foresaid declare to be now and in all time coming as valid, effectual and sufficient to the said earl and his heirs as if the said kirks and patronages thereof had never been annexed to his majesty's crown. Moreover, our sovereign lord and estates foresaid, with express consent and assent of George, archbishop of St Andrews, personally compearing in parliament, considering how necessary it is to keep, uphold and maintain the castle of St Andrews, presently altogether ruinous, not only for the embellishing and well of the country, but also for preserving of the same from foreigners, and that the archbishop of St Andrews, in respect of the great diminution of the rent thereof is not able to build, repair and uphold the same, and that it is necessary that the said castle be in the custody and keeping of a nobleman of rank and friendship who is able to build, repair and uphold the said castle and resist the force and violence of foreigners, for that effect his majesty conveyed the said castle and castle yards to the said George, earl of Dunbar upon the resignation of George, archbishop of St Andrews, to whom our said sovereign lord has given and conveyed in recompense of the said castle and castle yards the provostry of Kirkhill, vicarage and archdeanery of St Andrews, to remain with the said archbishop and his successors in recompense as said is, and that in addition to a yearly pension of 300 merks given to the said George, archbishop of St Andrews for that; and for the said George, earl of Dunbar's better security, our said sovereign lord and estates foresaid, with express consent and assent of the said George, archbishop, personally compearing in parliament as said is, dissolve and dismember the said castle and castle yards from the said archbishopric in all time coming, to the effect that the heritable right and custody of the same may remain with the said George, earl of Dunbar, his heirs and successors in all time coming, notwithstanding the same of old [pertained]† to the said archbishopric and notwithstanding of whatsoever provisions, acts, statutes and ordinances made in favour of the said archbishop either in this present parliament or at any time of before. And our said sovereign lord and estates foresaid decree and declare that this ratification shall be a sufficient warrant to the keepers of his highness's signet, seals and registers to complete the foresaid charter and infeftment to the said Earl of Dunbar of the foresaid whole lands, patronages and others above-written according to the tenor of this present act in all points.
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The which day, in presence of the whole estates of parliament, compeared personally Sir Thomas Hamilton of Monkland, knight, advocate to our sovereign lord, in his highness's name produced this acquittance, exoneration and discharge underwritten, made and granted by his highness to his trusty and well-beloved councillor George, earl of Dunbar, lord Berwick, treasurer to his majesty of this realm, and by virtue of the command given to the said lord advocate specified therein desired the same to be ratified and approved by the said estates and to be registered in the books of parliament, to have the strength, force and effect of an act, sentence and decreet of the parliament of Scotland in all time coming; the which desire the said estates thought reasonable and have ratified and approved, likewise by the tenor of this present act, ratify and approve the said acquittance, exoneration and discharge granted by his highness in favour of the said Lord Dunbar in the whole points, articles and clauses thereof after the form and tenor of the same, bearing and containing as is underwritten, and decree and ordain the same acquittance, exoneration and discharge to be acted and registered in the said books of parliament, to have the strength, force and effect of an act, sentence and decreet of the said parliament of Scotland, in all time coming to remain therein for future memory, of the which the tenor follows: James Rex. Forasmuch as upon the long and assured proof of the faithful diligence, care and discretion of our right trusty and well-beloved cousin and councillor the Earl of Dunbar, master of our wardrobe in Scotland, we have justly judged him worthy of greater trust and employment in offices and services of higher credit and importance, wherein himself considering that the weakness and infirmity of his body could not permit him sufficiently to discharge the burden of the said offices, notwithstanding his exceeding willingness and utmost endeavours relating thereto, he therefore humbly requesting us graciously to accept in good part his most willing demission of the said office of master of the wardrobe to the effect that we, making choice of some of our faithful and approved servants, who by their health, age and greater leisure might give us satisfaction in the faithful discharge of the same, our service should not in any sort be disappointed in his default; whereby acknowledging that he preferred the well of our service to a good part of his own commodity and credit and having at his desire, upon the reasonable considerations foresaid, accepted his demission and thereupon provided our trusty and well-beloved servant Sir James Hay, knight, gentleman of our bedchamber, to the office of master of our robes, to whom, according to the charge of his office, the said Earl of Dunbar has at our special direction and command delivered the particular jewels, robes and apparel specified in the said Sir James Hay's ticket of receipt of the same. And because the said Earl of Dunbar has made particular delivery of the jewels after-specified, whereof part are laid in the tower and some other part are contained in the said Sir James Hay's note of receipt: they are to say, the jewel called the H, with the chain thereof and also with the ruby of the same. Item, a jewel of gold with letters J. A. R., crowned, joined together in a knot with a crown over them, fully furnished with diamonds of sundry cuts and bigness with three round pearls pendant. Item, a great ring of gold enamelled set with five diamonds with hand in hand in the middle, called the espousal ring of Denmark. Item, a cap band of gold containing 23 pieces, 12 with two pearls in a piece, 6 with letters garnished with diamonds and 5 with cinques† of diamonds. Item, a cross of gold set with five diamonds; which, being the jewels of most importance and value that were brought out of that our kingdom with us, and not only they, but all others of our jewels, precious stones, pearls, goldsmith work and others whatsoever which came in the said George, earl of Dunbar's hands and keeping at any time bygone, being all delivered by him out of his hands by our special direction and command, therefore we, for us, our heirs, executors and successors, exonerates, quitclaims, freely, simply and perpetually discharges the said Earl of Dunbar, his heirs, executors and assignees of all and sundry our jewels particularly above-rehearsed for now and ever; and by this letter, faithfully promises in the word of a prince to cause this letter be ratified, confirmed and approved by the estates of our kingdom of Scotland in the next ensuing session of parliament thereof, to whom this our present direction and command shall be a sufficient warrant for ratification of the whole premises, commanding hereby our trusty and well-beloved councillor Sir Thomas Hamilton of Monkland, knight, our advocate, to compear in presence of [John Graham, earl of Montrose], our commissioner, and estates of our said parliament of Scotland, and there in our name to present and deliver this our discharge, to be ratified by our said estates and to be registered in the register of our parliament, to have the strength, force and effect of an act, sentence and decreet thereof in all time coming. In witness whereof we have signed this discharge with our hand at Whitehall, 8 April 1606.
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Our sovereign lord, being of intention not only to maintain the honour, prerogative and majesty of his crown of this his native kingdom of Scotland, but also to repair and redress such things as are done to the harm and prejudice of the same, to the effect that when it shall please God to give his majesty and his royal successors occasion to resort to his said kingdom, the dignity and ancient marks of sovereignty thereof may be so inviolably observed as may best stand with his majesty's honour, the reputation of the country and deserve good report and estimation amongst strangers; and understanding that his most noble progenitors of happy memory, King James IV following the commendable example of other civil and virtuous princes, founded a chapel royal constituted of a sufficient number of persons for serving his majesty and his successors in music, and mortified, endowed and conveyed to the said chapel royal and members thereof diverse kirks and rents for their living and maintenance, whereof the foundation is now so far neglected as there is neither any sufficient number of qualified persons appointed for service therein, neither are the kirks' rents and revenues thereof kept in their own integrity according to the foundations, mortifications, dispositions, rights and securities made to the said chapel royal and members of the same relating thereto, but by the contrary the said lands, kirks, teinds, patronages, profits and rents are alienated, dismembered, diminished and so many ways severely hurt that his majesty and his successors shall not at their coming to this country almost find any record or appearance of the said foundation or any monument of that royal institution, the lack whereof will breed derogation to the honour of the realm, which only among all the Christian kingdoms will by that means want that civil and commendable provision of ordinary music for recreation and honour of their princes; for remedy whereof, and to the effect that by his majesty's example the subjects of the said kingdom may be the further encouraged to maintain their foundations of music schools, whereby youth may be instructed in that liberal science which quickens the intellect, gives pleasant and harmless recreation to all estates and estates of persons, and is an holy exercise agreeable to the religion and commanded of God for giving of thanks and praise to his holy majesty, our sovereign lord, with advice and consent of his whole estates of this present parliament, ratifies and approves the said foundation and institution of the foresaid chapel royal, in so far as concerns†the service of his majesty and his successors in music and all other things not repugnant to the true religion presently professed and by the law established within this realm, and all lands, kirks, teinds, rents and commodities whatsoever mortified, given and conveyed to the same or to any of the members thereof, and because it is known that neither the said service can be done unless the persons appointed for the same have their competent maintenance and old living, neither can their livings be obtained if the patronage of their benefice be taken from his majesty and the rents thereof from the said chapel and members of the same; therefore, his majesty and estates foresaid retreat, rescind, make void and annul all alienations and dispositions of lands, kirks and patronages of the kirks and benefices belonging or which heretofore in any way belonged to the said chapel royal and patrimony thereof and members of the same, and all dispositions, tacks, rentals, pensions and other rights, titles and securities whatsoever of the lands, kirks, teinds, fruits, rents, duties and commodities thereof, alienated, conveyed, given or set to whatsoever person in hurt and prejudice of his highness's patronage of the said chapel royal, or in diminution of the best and greatest rental thereof; and decree the undoubted and full right of the said whole patronages of all and sundry kirks, which in any time bygone were endowed or annexed to the said chapel, shall now and in all time coming belong and pertain to our said sovereign lord and his successors, and that the masters and members of the said chapel royal already established, or hereafter to be provided or established by our sovereign lord and his successors, to have undoubted right to the whole lands, kirks, teinds, rents, profits, duties or commodities which in any time bygone belonged or appertained to the said chapel royal and members thereof; and likewise decree and ordain that the nullity of the said alienations, dispositions and securities of the said patronage or their lands, kirks, rights and rents made to their prejudice to any other person in manner foresaid be received by way of exception or reply without any necessity of action, pursuit or reduction of the same, and that the same shall not, nor may not in any time coming, be lawfully possessed but by the ordinary members only of the said chapel royal, being astricted to serve his majesty and his successors in music and other godly and lawful exercise agreeable to the foundation and not repugnant to the true religion presently professed within this realm, notwithstanding any right, title or disposition thereof given or ratified in parliament or otherwise contrary to the premises in any time bygone, which his majesty and estates foresaid declare to have been from the beginning and to be in all time coming null and of no value, with all that has followed or may follow thereupon, as if the same had never been granted nor made, excepting always and reserving the advocation, donation and right of patronage of the kirks of the said chapel royal which were conveyed of before to George, earl of Dunbar, or are conveyed to him in this present parliament, so that the said kirks, fruits, rents, profits, duties and emoluments of the same, the advocation, donation and right of patronage thereof, shall in no way be comprehended in this present act, but shall remain with the said George, earl of Dunbar, his heirs and successors as their heritable patronages, as if this present act had never been made, and notwithstanding the same and all other acts and statutes made of before and in this present parliament from the which the said patronages are and shall be excepted; and also excepting and reserving out of this present act and whole contents thereof the tacks of the teinds of the kirk of St Marie Louis and pendicles thereof, set to Walter, lord Scott of Buccleuch, and all the tacks set to him of all other teinds of whatsoever kirks pertaining to the said chapel royal.
[1605/6/52]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that there are sundry benefices pertaining of old to abbots, priors and nuns erected to sundry persons in this present parliament by his highness, with advice of the said estates, in lordships and baronies, and also that the patronages of the kirks pertaining to the said abbacies, priories and nunneries are given and annexed to the same lordships and baronies to the foresaid persons, as also that there are sundry other patronages of benefices given and conveyed by his highness, with advice foresaid, in this present parliament to sundry particular persons, and our said sovereign lord and estates foresaid, being most willing that there be a yearly duty contained in every one of the said erections which shall be paid yearly to his highness and his successors, as also being willing that the ministers serving or that hereafter shall serve at the kirks of every parsonage or vicarage whereof the patronage is now conveyed in this present parliament to whatsoever person either in their erections or otherwise be provided of sufficient stipends, and that the whole kirks be planted with sufficient ministers to serve the cure at each kirk, so many of them as are already unplanted, therefore, and that the premises may be performed, our sovereign lord and estates foresaid have given and granted, and by this present act, give and grant full power and commission to John [Graham], earl of Montrose, great commissioner, Alexander [Seton], earl of Dunfermline, chancellor of this realm, Alexander [Livingston], earl of Linlithgow, George [Home], earl of Dunbar, treasurer, David [Murray], lord Scone, comptroller, Mark [Kerr], lord Newbattle, Master John Preston of Penicuik, collector general, Sir Thomas Hamilton of Monkland, knight, advocate, Sir John Cockburn of Ormiston, knight, justice clerk, Sir Richard Cockburn of Clerkington, knight, lord privy seal, and Sir John Skene of Curriehill, knight, clerk register, (or any six of them, the said lord commissioner being always one of them) to modify, decree and declare the yearly duty to be contained in every one of the said erections, to be paid yearly to our said sovereign lord and to his highness's successors, and the same duty to be inserted by the clerk register and his deputes in every act of erection granted in this present parliament. And the said estates declare that the yearly duties to be modified, determined and declared by the said persons in manner foresaid by virtue of this present commission shall be as valid, effectual and sufficient in the self as if the same yearly duties had been modified, determined and declared by the said whole estates and had presently been inserted and contained in every one of their erections. And likewise our said sovereign lord and estates foresaid have given and granted, likewise by the tenor of this present act, give and grant full power and commission to the said John, earl of Montrose, great commissioner, the said Alexander, earl of Dunfermline, chancellor, John [Fleming], earl of Wigtown, lord Fleming, George [Gledstanes], archbishop of St Andrews, John [Spottiswood], [arch]bishop of Glasgow, David [Lindsay], bishop of Ross, James [Law], bishop of Orkney, Sir Robert Melville of Murdocairnie, knight, elder, Master John Preston of Penicuik, collector general, Sir Thomas Hamilton of Monkland, knight, advocate, Sir John Cockburn of Ormiston, knight, justice clerk, Master Patrick Galloway, Master James Nicolson, Master Andrew Lamb (or any eight of them, the said lord commissioner or the said lord chancellor being always one), to modify, decree and declare to every minister serving or that hereafter shall serve, at every kirk, the cure, their yearly stipends in all time coming, by their manses and glebe of all their kirks whereof the patronages are conveyed by our said sovereign lord in this present parliament in the erections of temporal lordships and baronies, or otherwise whatsoever, to the effect that the whole kirks both already planted and as yet unplanted may be provided to sufficient stipends in all time coming, and that every kirk may be provided to a minister to serve the cure at each kirk, and that they have sufficient and competent stipends provided to every one of them to serve the cure in all time coming as said is. And our said sovereign lord and estates foresaid discharge the clerk register and his deputes of all possessing and extracting of any acts of the said erections or any other act of this present parliament wherein patronages of benefices are conveyed, and also discharge the keepers of the registers and seals to complete any of their said infeftments to the time that our said sovereign lord's yearly duty, and the ministers' sufficient and competent stipends, be first modified, determined and declared by the persons foresaid according to the tenor of this present act of commission in all points.
[1605/6/53]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majesty, for enlarging the bounds of the park of Falkland, caused the feuars of the town of Cash renounce the one half of their lands to the effect the same might be enclosed with the said Falkland Park, and his majesty, in recompense of their loss, discharged to them hereafter in all time coming all feu ferm duty or whatsoever other thing due by them for the remainder of their lands not enclosed but remaining still in their possession; therefore our sovereign lord and estates of this present parliament convened ratify and approve the said recompense given to those tenants and feuars of Cash for their loss of the enclosing of their said lands, and declare that every one of the said tenants in all time hereafter, their heirs and successors, shall possess and enjoy that remainder of their lands left to them in free blench for payment of one penny, if it be required, and ordain his majesty's treasurer and other officers to receive or exchange tenants of the said lands in that same form of blench holding, which shall be a sufficient and valid right and security to the said tenants, notwithstanding that the said lands have been formerly of the property and set in feu ferm for payment of a duty thereof, and that the same blench infeftments granted to the said tenants shall be as valuable to the said tenants as if the same were of no part of his majesty's annexed property.
[1605/6/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened, considering that the setting of the lands of the annexed property in feu ferm for payment of the old rental with augmentation is greatly to his majesty's benefit and profit, his highness's rental thereby being made sure, unchangeable, unalterable and in no way able to be conveyed and alienated, have therefore dissolved and by the tenor of this present act of parliament dissolve from the act of the annexation of the lands of the earldom of Gowrie and lordship of Ruthven,† [the whole lands pertaining or belonging to the said earldom of Gowrie and lordship of Ruthven],† and in special the lands and lordship of Huntingtower and the lands of Strathbraan; and to the effect that the same whole lands (except such as are hereafter particularly enumerated) may be in feu ferm let and heritably conveyed for payment of the old duty with augmentation of the rental, and that the said act be extended in ample form with all clauses needful, it is always declared that the lands underwritten: they are to say, the lands of Cowgask, with the teind sheaves thereof, with mills, multures, woods, fishings, parts, pendicles and pertinents of the same, the lands of Peel, Letham, Easter Heichame, Goodlyburn, Hoill of Huntingtower, the lands of Hillyland, Few and Wester Heichame, with the pertinents of the same, being all of the said lordship of Huntingtower, shall be dissolved to the effect the same may be set in blench ferm (for payment of one penny) to John [Graham], earl of Montrose etc., and that for many great, reasonable and evident causes mentioned in a particular warrant made for dissolution of the said lands.
[1605/6/55]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord has moved by his princely direction George, archbishop of St Andrews to quit and renounce the feu mails of Letham, with the patronage of the kirk of Monimail, in favour of his highness's trusty servant and councillor Sir Robert Melville of Murdocairnie, knight, whereby the said archbishopric is deteriorated and prejudiced, therefore his highness, with advice of the estates of this present parliament, in part of recompense and satisfaction of the said feu mails and kirk of Monimail dissolved as said is, has given, granted and conveyed and by the tenor hereof gives, grants and conveys and perpetually mortifies in favour of the said George, archbishop of St Andrews, for all the days of his lifetime, and to his successors to remain perpetually, all and whole the parsonage and vicarage of Kinnell, the parsonage and vicarage of Logie Montrose, the parsonage and vicarage of Idvie and the parsonage and vicarage of Kinnettles, all lying within the sheriffdom of Forfar and diocese of St Andrews, to be incorporated and perpetually united as a proper and substantial part of the patrimony of the said archbishopric, with free, plain power to the said George and his successors to set, convey, intromit with and take up the whole rents, fruits and emoluments, manses, glebes and kirk lands of the said parsonages and vicarages, as freely in all respects as any parson or vicar of the said kirks might have done at any time from the beginning, reserving always to the present ministers, titulars of the said benefices, and to the feuars, tenants and tacksmen thereof, their whole rights, titles, provisions, presentations, assedations for long or short tacks, feus, confirmations and all and sundry rights or securities made to them by our sovereign lord or by the titulars of the said benefices in any time bygone in so far as they may stand and endure according to the present laws and constitutions, having force and authority in this realm at this present, providing also that the said archbishop and his successors shall provide sufficient maintenance and stipend to the ministers that shall serve the cure of the said kirks as soon as it shall happen the said kirks or any of them to fall into the patrimony of the said archbishopric by the death, demission or deprivation of the present titulars or any other lawful cause. And also our said sovereign lord, with advice of the said estates, ratifies, approves and confirms that gift and provision made and granted by our said sovereign lord, with advice of his highness's ordinary officers, to the said archbishop of all and whole 10 chalders and 8 bolls of victual to be paid out of the priory of St Andrews to the said archbishop yearly for his service in the ministry at the parish kirk of St Andrews during all the days of his lifetime, according to the said gift and letters accordingly granted thereupon, whereof the said archbishop has been in possession these diverse years bygone, which gift is of the date at Royston, 7 December 1604, and after the form and tenor of the same in all points.
[1605/6/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the inhabitants of the north and south sides of the water and bridge of Leith within the regality and barony of Broughton frequented and made repair of old to their parish kirk of Holyroodhouse, to preaching prayers and to the celebration of the sacraments, very far distant from their habitations, so that it was not able for the most part of them to repair to their said parish kirk of Holyroodhouse at all times, being aged and sickly persons, for which reason the said inhabitants of the north and south sides of the said water and bridge of Leith, upon their own expenses and charges, have built to themselves a kirk upon the north side of the bridge of Leith, and have had ministers serving the cure thereat and ministering to them the sacraments these 20 years bygone with the more, likewise they have presently a minister serving the cure thereof, they being 1,000 communicants who come and frequent to the same kirk, dwelling within the said regality of Broughton; therefore our said sovereign lord and estates foresaid create and erect the said kirk in a parish kirk to the said inhabitants of the north and south parts of the said water of Leith, to be called in all time coming the parish kirk of Leith to the north of the bridge, and give and grant to the same parish kirk and to the whole inhabitants thereof all privileges, freedoms, liberties and immunities belonging to any parish kirk within this kingdom, and dismember the same in all time coming from the said parish of Holyroodhouse.
[1605/6/57]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the parish kirk of Ellon within the diocese of Aberdeen is so great and large a parish, being 280 ploughs or thereby, so that the most part of the parishioners within the said parish may not commodiously resort to the said parish kirk of Ellon, as the inhabitants of Nether Leask pertaining to [Francis Hay], earl of Erroll, Over Leask, Bellscamphie and Auchmaud pertaining to the laird of Leask, and Knapsleask pertaining to the laird of Collieston, they being so far distant from the said kirk of Ellon; for remedy whereof and for the said persons' better ease, our said sovereign lord and estates foresaid annex and incorporate the foresaid special lands, lying of old within the said parish of Ellon, to the parish kirk of Slains in all time coming, and dismember the foresaid whole special towns and every one of them from the said kirk of Ellon in all time coming. And further, the said estates declare that notwithstanding of the premises that the teinds of the foresaid particular lands shall remain with the parsons of Ellon, and that they, nor the patron of the said kirk of Ellon, shall in no way be astricted to pay the minister of Slains any part of his stipend although the foresaid peculiar towns be annexed to the said parish of Slains.
[1605/6/58]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the inhabitants of Preston and Prestonpans, sometime within the parish of Tranent, at the least having the benefit of the kirk there, cannot resort to the said kirk of Tranent seeing the same kirk may not contain the foresaid inhabitants of Preston and Prestonpans, they being a great number of persons and daily increases more and more; as also that the said kirk of Tranent is so far distant from the said inhabitants of Preston and Prestonpans, and that there is by the labours, pains and expenses of the late Master John Davidson, minister, a sufficient kirk built with a manse to a minister in Prestonpans; and also considering that there is a glebe provided to the said kirk by George Hamilton of Preston of his own proper heritage, as also that the said late Master John Davidson has founded in Prestonpans a school for teaching of Latin, Greek and Hebrew tongues and language, and for instructing of youth in virtue and learning, and that he has endowed to the same his heritage and all his moveable and free goods for a perpetual stipend to the masters at the said school; therefore the said estate create and erect the said kirk built in Prestonpans in a parish kirk, to be called now, and in all time coming, the parish kirk of Preston, and dismember the same from the said parish kirk of Tranent and all other parishes; and give and grant to the said parish kirk of Preston all privileges, liberties, freedoms and immunities belonging to any parish kirk within this kingdom, and also ratify and approve the erection and foundation of the said school for teaching of the said Latin, Greek and Hebrew tongues and languages, and for instructing of youth in virtue and learning, founded and erected by the said late Master John Davidson, and all and whatsoever infeftments, gifts, donations and mortifications and all lands, rents and living given and endowed by the said laird of Preston and the said late Master John Davidson to the ministers serving the cure at the said kirk, and to the master of the said school and to their successors, with the supplement of all faults and defections of the same foundations and rights made by the said laird of Preston and Master John Davidson after the form and tenor thereof, the which generality the estates declare to be as sufficient as if the said foundations, mortifications and rights were herein word by word contained.
[1605/6/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding the parish of Leuchars within the sheriffdom of Fife to be of so great and large bounds and so populous in the self so that the parish kirk thereof is not capable of the parishioners and indwellers within the said parish, but great numbers of them, through want of place and occasion of hearing the word these many years bygone, either abide at their own dwelling houses on the Sabbath day, or resort to other parishes, and also understanding a kirk lately to be built within the town of the East Ferry of Portincraig, which is the northernmost part of the said parish, most distant from the said kirk of Leuchars and very commodious to be made a parish kirk for the inhabitants of that north part of the said parish, therefore our said sovereign lord, with special advice and consent of the estates foresaid, erects, creates, makes and appoints the foresaid kirk lately built in the East Ferry of Portincraig to be a parish kirk in all time coming, and to be called the parish kirk of Portincraig, and dismembers and severs the same parish kirk and parishioners thereof in all time hereafter from the foresaid parish kirk of Leuchars and parish thereof, whereof it was part and pendicle of before, and gives and grants to the said parish kirk of Portincraig and parishioners thereof all privileges, freedoms, rights, liberties and immunities belonging to any parish kirk within this realm.
[1605/6/60]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, calling to mind the great charges and expenses with which the burgh of Edinburgh, burgesses and inhabitants thereof are burdened in sustaining of the ministry of the said burgh, there being no part of the thirds of benefices assigned to them for their sustentation and maintenance of the colleges, hospitals and poor of the same burgh; and that for relief of a part of the said charges and expenses, [Mary], his highness's late dearest mother, after her perfect age, and our said sovereign at diverse times, gave, endowed, mortified and conveyed to the provost, bailies, council and community of the said burgh, for sustentation of their said ministry and maintenance of their college, hospitals and poor sundry lands, annualrents, tenements, provostries, altarages, benefices and other fruits and rents generally and specially comprehended and expressed in sundry gifts, mortifications, infeftments, acts of parliament and other rights and securities made to the said provost, bailies, council and community for sustaining and maintaining of their said ministry, college and hospitals, and being careful that the foresaid godly, necessary and profitable works decay not for lack of expenses, our said sovereign lord, with advice of the estates of this present parliament, has ratified, approved and confirmed, and by the tenor hereof, for his highness and his successors, ratifies, approves and perpetually confirms all and sundry gifts, mortifications, infeftments, other securities and rights whatsoever made, given, granted and conveyed by our said sovereign lord, his late dearest mother or by his highness's self at any time before the date hereof, to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors of whatsoever lands, annualrents, tenements, teinds, provostries, prebendaries, altarages or other benefices, teinds, rents and emoluments, together with all and sundry acts of parliament made in favour of the said burgh, provost, bailies, council and community thereof, ministry, college and hospitals within the same, in all and sundry heads, points, articles, clauses, circumstances and conditions thereof; likewise our said sovereign lord, with advice foresaid, finds, decrees and declares the foresaid gifts, mortifications, infeftments, acts of parliament and other rights and securities made, given and granted to the said provost, bailies, council and community of the said burgh and their successors and in their favour, to be good, valid, lawful and sufficient rights for them and their successors for possessing and enjoying of all and sundry lands, tenements, annualrents, teinds, benefices, provostries, prebendaries, chaplainries, altarages, fruits, rents and emoluments whatsoever, as well generally as specially comprehended and contained in the foresaid gifts, mortifications, acts of parliament or any of them, and that the same shall remain and abide in their own full strength, force and effect and in no way to be taken away, hurt nor prejudiced in any sort, notwithstanding whatsoever act or statute made in this present parliament, with special provision that there be a reasonable and sufficient stipend modified by George [Gledstanes], archbishop of St Andrews, Master John Preston of Penicuik, collector, and Sir John Skene of Curriehill, knight, clerk register, (or by any two of them, the said Archbishop of St Andrews being always one) to the present minister at Currie, for himself and to his successor ministers thereat, to be paid thankfully to them yearly in all time coming by the town of Edinburgh. The which three persons being all present in parliament, accepted the modification of the said ministers' stipend at the said kirk of Currie in and upon them, to be paid to the present minister and to his successor ministers thereat yearly in all time coming above-specified.
[1605/6/61]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having consideration of the antiquity of the burgh of Perth, decay of their bridge and good service done by them and their predecessors to his majesty and his predecessors, his majesty gave a new infeftment to the said burgh of Perth, containing the confirmation of the old infeftments of the said burgh with novodamus and diverse privileges, as the same under the testimonial of the great seal, of the date at Holyroodhouse, 14 November 1600, more fully purports; as likewise [Anne], the queen's majesty, with advice of his highness, has given and conveyed to the said burgh the mansion and house lying within the said burgh sometime pertaining to the parson of Perth, together with the right of patronage of the parsonage and vicarage of Perth for maintenance and sustentation of the ministry serving the cure within the said burgh, as the said gift and disposition of the date at London, in the palace of Whitehall, 20 November 1604, at length purports; and there being diverse controversies and debates fallen out between the said burgh of Perth and Dundee, his majesty being careful to take away the said controversies after that the same were submitted to his majesty and lords of session by the said burghs, our said sovereign lord and lords of session, by decreet arbitral, finished and took away the said controversies and decided the same to the great ease and contentment of the inhabitants of the said burghs, and now for the help and support of the said burgh of Perth and that the foresaid rights and securities made to them† may be the more effectual and valid in all time coming, and that they may hold enjoy and possess the same whole dispositions and privileges therein contained without any stop or impediment to be made to them at any time hereafter, has ratified and approved and, by this act, ratifies and approves the foresaid infeftment, disposition and decreet arbitral in the whole heads, points, clauses and conditions therein mentioned; and decrees and declares the same to stand in all time coming as valid and sufficient rights to the said burgh.
[1605/6/62]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, remembering the true and thankful service done to his majesty by the provost, bailies, council and community of the burgh of Dundee, has ratified, approved and confirmed, and by the tenor hereof, for his highness and his successors, ratifies, approves and perpetually confirms the charter made and granted by our sovereign lord under his highness's great seal to the said provost, bailies, council, burgesses and community of the said burgh of Dundee, in all and sundry points, heads, articles, clauses, circumstances and conditions expressed and contained in the foresaid charter, with the whole jurisdictions, liberties, salmon fishings, mills, mill lands, customs duties, privileges and immunities therein mentioned, as well by water as land, and with the ports, havens and harbours of the said burgh; and also for his highness and his majesty's successors foresaid, with advice of the said estates, wills, decrees and declares that the foresaid charter, with the precept and instrument of sasine following thereupon, has been continually from the date thereof, which was upon the 16 January 1601, is presently and shall be in all time coming a perfect and sufficient infeftment, right and security to the said provost, bailies, council, burgesses and community of the said burgh and their successors for possessing and enjoying of the whole lands, mills, mill lands, multures, salmon fishings, annualrents, chaplainries, altarages, advocation and donation of benefices, customs duties, jurisdictions, liberties, privileges, immunities, ports, havens, harbours and others whatsoever, as well generally as specially expressed and contained in the said charter, and wills and grants that this present confirmation and ratification shall be of as great faith, force and effect as if the forenamed charter were word by word engrossed herein, concerning which our said sovereign lord, with advice foresaid, by this act for now and ever dispenses; and this always without prejudice to the decreet arbitral pronounced by our sovereign lord and the lords of his highness's council and session of this kingdom of Scotland regarding the decision of the questions and controversies then standing between the said burgh of Dundee and the burgh of Perth, touching the liberty of the water of Tay and certain other particulars decided by the said decreet, which decreet is of the date at Edinburgh, 30 December 1602.
[1605/6/63]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, by the tenor hereof, ratify, approve and perpetually confirm the charter made and granted under his highness's great seal to the burgh of Aberdeen, provost, bailies, council and community thereof and their successors, of all and sundry their common lands pertaining to the said burgh, mills, small customs, salmon fishings, liberties, privileges, immunities and others whatsoever generally and specially comprehended and contained in the foresaid charter in all and sundry points, heads, articles, clauses, circumstances and conditions thereof, as the foresaid charter of the date at Falkland, 14 August 1601, in the self at more length purports, with the precept and instrument of sasine following thereupon, and will that this present ratification and confirmation is and shall be of as great strength, force and effect as if the same charter, precept and instrument of sasine were word by word herein engrossed, concerning which our said sovereign, with advice foresaid, for now and ever by this act, dispenses; and also our said sovereign, with advice foresaid, finds, decrees and declares the foresaid charter, precept and instrument of sasine following thereupon to be a good, valid and perfect right to the provost, bailies, council and community of the said burgh of Aberdeen and their successors for possessing and enjoying of all and sundry lands, mills, fishings, salmon fishes, privileges, liberties and immunities and others whatsoever generally and specially comprehended and expressed in the same charter, for payment of the yearly duty therein contained; and, if need be, our said sovereign and estates foresaid ordain a new infeftment to be made, granted and given to the said burgh of Aberdeen, provost, bailies, council and community thereof, agreeable word by word with the said charter, for the which new infeftment this present act shall be a sufficient warrant.
[1605/6/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, by the tenor hereof, ratifies, approves and, for his highness and his successors, perpetually confirms the charter made, given and granted by Master Alexander Hay, clerk of our said sovereign lord's council and session, to the provost, bailies, council and community of the burgh of Aberdeen and their successors of all and sundry the feu ferms and annualrents therein contained, extending in the whole to £27 8s 8d, with the superiorities of all lands, tenements, annualrents and others therein contained in all and sundry points, clauses, articles, circumstances and conditions thereof, as the foresaid charter of the date at Edinburgh, 1 February 1605, in the self at more length purports, with the precept of sasine contained in the said charter and instrument of sasine following thereupon, and wills that this present ratification and confirmation is and shall be of as great force, strength and effect as if the same charter, precept and instrument of sasine were word by word herein engrossed, concerning which our said sovereign, with advice, for now and ever by this act dispenses.
[1605/6/65]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding the great hurt and damage sustained by the burgh of Irvine and inhabitants thereof, being his majesty's free burgh regal of great antiquity and underlying all burdens as one of that estate, through the great increase of unfree traffickers dwelling within the bounds of the liberty thereof, bearing no burden, by keeping open booths, sailing out of this country with ships and barks as if they were free burgesses and to the prejudice of our sovereign lord's customs, therefore statute and ordain that no person dwelling within the bounds of the liberty of the said burgh not being burgesses and freemen thereof use any privilege or liberty belonging to them in keeping open booths with merchandise, sailing and trafficking out or in this country with the same with their barks and ships as freemen, or in troubling or molesting of them in possessing and using of their liberties and privileges according to their old infeftments in any sort, and that letters be directed hereupon on a simple charge of 10 days.
[1605/6/66]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and confirms the charter made, given and granted by his highness under the great seal to the provost, bailies, council and community of the burgh of Banff and, with advice foresaid, decrees and ordains the said charter to be of as great strength, force and effect as if the same were inserted herein word by word; concerning which, our said sovereign lord by this present act dispenses.
[1605/6/67]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in parliament, has ratified, approved and confirmed and by this act ratifies, approves and confirms all and whatsoever privileges, liberties and immunities granted of before by his majesty and his most noble progenitors to the chancellor and lords of his council, session and college of justice, both spiritual and temporal, and to the whole remaining members of the said college of justice for maintenance of them in their persons, honours, dignities and rights and for possessing of their lands, rents, benefices, pensions, thirds and contributions of all prelacies and their other rights in such form as is contained in the first erection of the said college, and as they and their predecessors have held and possessed since and presently hold and possess according to the dispositions and ratifications thereof in parliament or any other acts, laws, statutes and dispositions made by his majesty or his predecessors in favour of the said lords of council and session, college of justice and particular members and persons thereof in all points; and specially our sovereign lord and his said estates ratify and approve the gift and right made to the said lords of council and session of the surplus of the quots of testaments by the ordinary fees and allowances granted to the said lords by his majesty for their better residence and administration of justice, and of their right of presentation to our sovereign lord of persons to the offices of whatsoever commissary or their members vacant, with all other rights granted to them of before relating thereto. And likewise our sovereign lord, with advice of his estates, by this act, ratifies, approves and confirms the commission and injunctions, together with the whole jurisdiction and all and whatsoever privileges, liberties and immunities and other rights granted by his majesty and his predecessors to the commissioners of Edinburgh and their members in such form as the same is contained in the commission and injunctions given to them in the first erection, as the said commission and injunctions in themselves at length bear, and as the said commissioners and their members presently hold and possess the same according to their provisions in all points, notwithstanding of whatsoever acts, statutes and constitutions made, or to be made, in this present parliament or any other parliament preceding or to come which may appear to derogate the same.
[1605/6/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for many great and weighty causes and considerations, have ratified and approved and, by the tenor hereof, ratify, approve and, for his highness and his successors, perpetually confirm the act of parliament made by his majesty, with advice of his estates, in his highness's 14th parliament held at Edinburgh, 8 June 1594, regarding the dissolution of the kirk of Nether Airlie, parsonage and vicarage thereof, together with all and sundry charters made and granted by our said sovereign lord at any time before the date hereof under his highness's great seal, to his highness's right trusty cousin and councillor Sir Thomas Lyon of Auldbar, knight, one of the senators of his highness's college of justice, of the right of the patronage, advocation and donation of the said parish kirk of Nether Airlie, parsonage and vicarage thereof, in all and sundry heads, points, articles, clauses, circumstances, provisions and conditions expressed and contained in the foresaid act of parliament containing the dissolution of the foresaid parish kirk and in the foresaid charter, or any of them, with the precepts and instruments of sasine following upon the said charters, and find, decree and declare that the said parish kirk of Nether Airlie, parsonage and vicarage thereof, was lawfully dissolved from the abbacy of Coupar [Angus] and patrimony thereof by the said act of parliament made the said 8 June 1594, and has been lawfully dissolved therefrom continually since, and shall stand and remain dissolved from the said abbacy in all time to come. And that our said sovereign, by virtue of the said act of parliament, has full and undoubted right to erect the said parish kirk of Nether Airlie in a several rectory and vicarage and to convey to the said Sir Thomas Lyon, his heirs and assignees the heritable right of the patronage, advocation and donation of the foresaid parish kirk of Nether Airlie, parsonage and vicarage thereof, and that the foresaid act of parliament and the heritable charters made by his highness to the said Sir Thomas Lyon and his foresaids of the right of patronage, advocation and donation of the said parish kirk of Nether Airlie, parsonage and vicarage thereof, with the precepts and instruments of sasine following thereupon, are perfect, sufficient, lawful and valid rights and securities to the said Sir Thomas Lyon and his foresaids and others having right of them to hold, enjoy and possess heritably and perpetually in all time coming the right of the said patronage, advocation and donation of the forenamed parish kirk of Nether Airlie, parsonage and vicarage thereof, and that in the same way and as freely in all respects as if the said parish kirk, parsonage and vicarage thereof, had been lawfully demitted, dismembered and dissolved from the said abbacy of Coupar [Angus] and patrimony thereof by a lawful [...], with consent of the convent and chapter of the said abbacy of Coupar [Angus], by reason the said dissolution was made during the time that the late Leonard Leslie, commendator of Coupar [Angus], was our sovereign lord's rebel and had remained and abided under the process of horning by the space of a year and a day, and that notwithstanding whatsoever laws civil, canon or municipal, and notwithstanding whatsoever acts of parliament made in this present parliament, or at any time of before, which shall in no way be hurtful nor prejudicial to the foresaid act of dissolution dissolving the kirk of Nether Airlie as said is, nor to the heritable infeftments granted to the said Sir Thomas Lyon of the right of patronage, advocation and donation of the said parish kirk of Nether Airlie, parsonage nor vicarage thereof, nor make derogation thereto in any sort. And wills and grants that this present ratification and confirmation is and shall be of as great strength, force and effect as if the foresaid act of dissolution of the date above-written, with the heritable charters above-mentioned made to the said Sir Thomas, were word by word engrossed and inserted herein; concerning which, our said sovereign, with advice, for now and ever by this ratification dispenses.
[1605/6/69]*[print] [email] [cite] [preceding] [following]
Regarding the supplication given in to [John Graham, earl of Montrose], lord great commissioner, and whole estates of this present parliament by William, commendator of the abbacy of Tongland, one of the ordinary number of our sovereign lord's session and college of justice, making mention that where our sovereign lord, for diverse good considerations moving his majesty, gave, granted and conveyed to the said commendator for all the days of his lifetime the teinds of certain kirks, which sometime pertained to the bishopric of Galloway, and a pension of £616 18s 4d usual money of Scotland granted by his highness to him in liferent, to be paid out of the temporality and temporal lands, feu mails and other duties of the said abbacy of Tongland and bishopric of Galloway; and albeit our sovereign lord has lately provided Master Gavin Hamilton to the said bishopric, with all and sundry fruits, rents and emoluments appertaining thereto, yet it was not his majesty's will that the said William, commendator of Tongland should be any way damnified, hurt nor prejudiced in his right, title and possession of the abbacy of Tongland and kirks pertaining and annexed thereto, teinds and rents of the same, nor in his foresaid pension, and also, the said Master Gavin faithfully promised to his majesty in no way to hurt nor prejudice the said William, commendator of Tongland, during his lifetime regarding the premises, and therefore the said Master Gavin, by his special letters dated at Edinburgh, 19 June 1605, acted and registered in the books of council of his own consent 22 [June 1605], ratified and approved for him and his successors the gifts and donations granted to the said commendator by our said sovereign lord, with the ratifications and confirmations of the same in parliament specially expressed in his said letters; and upon deliberate mind, of certain knowledge, most heartily, freely and willingly bound and obliged him and his successors that they should never move action nor litigation against the said commendator for any part of the said fruits, teinds, rents and pension conveyed to him for his lifetime as said is, but that he should possess the same peaceably without trouble or impediment during his lifetime as said is, as the said letters registered in the said books of council shown to the said estates at more length purport. And seeing the estates intend in this present parliament by direction of our sovereign lord to make an act and ordinance for repairing and restitution of the estate of bishops within this realm, it is very necessary for the said commendator's quietness that whatsoever thing should be done in favour of the bishop of Galloway shall be without hurt and prejudice of anything that was provided to the said commendator before, and contained in the said Master Gavin's letters of ratification and approbation thereof, after the form and tenor of the same, to the which the said commendator is assured the said lord bishop of Galloway cannot well make any impediment, but will assent thereto. Desiring therefore the said estates to declare whatsoever thing shall be done to the said bishop of Galloway that the foresaid general act shall in no way be prejudicial, nor hurtful to such things as are conveyed to the said commendator for his lifetime, but that he may peaceably possess the same according to his titles and rights made to him thereof and the said bishop of Galloway's ratification and approbation foresaid, and to that effect that the said estates would ordain the said letters to be registered in the books of parliament for future memory, that the said estates' limitation foresaid to be made in his favour may be the more clear, to take away all questions that may occur hereafter, as at more length is contained in the said supplication. The which supplication, together with the foresaid letters obligators made by the said bishop of Galloway to the said commendator of Tongland, and his whole provisions and rights being read in presence of the whole estates and they therewith being ripely advised, the whole estates find and declare that whatsoever things are done in this present parliament in favour of the said bishop of Galloway, that the foresaid general act shall in no way be prejudicial, nor hurtful to such things as are conveyed to the said William, commendator of Tongland, for his lifetime, but that he may peaceably possess and enjoy the same according to his titles and rights made to him thereof, and the said bishop of Galloway's ratification and approbation foresaid. And to the effect that all questions that may occur hereafter may be taken away between the said commendator and Master Gavin Hamilton, bishop of Galloway, declare and ordain the said letters obligators to be acted and registered in the books of parliament, therein to remain for future memory, of the which letters obligators the tenor follows:
At Edinburgh, 22 June 1605, in presence of the lords of council, compeared Master John MacGill, procurator specially constituted for Master Gavin Hamilton, bishop of Galloway, and gave in the ratification underwritten subscribed with his hand, desiring the same to be registered in the books of council, to have the strength of a decreet of the lords thereof, with letters and executorials to be directed thereupon in manner therein contained. The which desire the said lords thought reasonable and therefore have ordained and ordain the said ratification to be inserted and registered in the said books of council, declaring the same to have the strength of their decreet, and ordain letters and executorials to be directed thereupon in manner specified therein, whereof the tenor follows: Be it known to all men by this present letter, me, Master Gavin Hamilton, bishop of Galloway, forasmuch as our sovereign lord the king's majesty has given and granted to me during my lifetime the bishopric of Galloway with all dignities, fruits, rents and emoluments thereof, and in respect it is in no way his highness's will and intention that the right honourable Master William Melville, commendator of the abbey of Tongland, one of the ordinary senators of his highness's college of justice, should be in any way damnified, hurt nor prejudiced in his right, title and possession of the said abbacy and kirks pertaining and annexed thereto, teinds and rents of the same, nor yet of the pension of £616 18s 4d usual money of Scotland granted by his highness to the said Master William in liferent, to be paid out of the temporality and temporal lands, feu mails and other duties of the said abbacy of Tongland and bishopric of Galloway, likewise I faithfully promised to his majesty in no way to hurt nor prejudice the said Master William Melville regarding the premises, nor any part thereof. Therefore, and for sundry other good respects and considerations moving me, understand me to have ratified and approved, likewise I, by the tenor hereof now as if my provision and gift of the said bishopric of Galloway were already passed and completed the seals, and then as now, upon deliberate mind and of certain knowledge, most heartily, freely and willingly ratify and approve for me and my successors in the said bishopric the foresaid gift and donation given and granted by our said sovereign lord under his highness's great seal of the date at Holyroodhouse, 7 November 1588, to the said Master William Melville of the spirituality of the said abbacy of Tongland, concerning the special kirks of Traquair, Tongland, Senwick, Minnigaff, Leswalt and the kirks of Inch and Girthon, united, annexed and incorporated thereto by the said provision, which were of old kirks of the said bishopric of Galloway and pertaining thereto as a part of the patrimony of the same, and are now annexed to the said abbacy of Tongland as said is, with all privileges, immunities, teinds, fruits, rents, profits and emoluments belonging to the same abbacy and kirk foresaid; and another gift granted by our sovereign lord under his highness's great seal dated at Holyroodhouse, 8 December [1588], to the said Master William of the yearly pension of £616 18s, to be uplifted out of the temporality, temporal lands, feu mails and rents of the foresaid bishopric and abbacy, together with the special act of ratification of the foresaid gifts and provisions granted in favour of the said Master William Melville by our said sovereign lord, with consent of his highness's three estates of parliament, held at Edinburgh, 19 December 1594, with the decreets of the lords of council pronounced in favour of the said Master William concerning the abbacy and pension above-written, with the possession and uplifting of the rents and duties of the same in all time bygone, with all that has followed, or may follow thereupon, in all and sundry heads, articles, clauses, conditions and provisions whatsoever at length expressed in both the said gifts, act of ratification thereof and decreets following thereupon after the form and tenor thereof in all points, holding this present ratification and confirmation as valid, sufficient and effectual as if the said two gifts of the abbacy and pension respectively above-written were herein at length word by word expressed, and as if the same gifts and titles were specially and expressly reserved and excepted in my gift and provision of the said bishopric. And further I will, grant and consent for me and my successors in the said bishopric that the said Master William, by himself, his chamberlains and factors, shall peaceably hold, enjoy and possess all and sundry the teinds, fruits, emoluments, duties, privileges and commodities of the said abbacy of Tongland, together with the said yearly pension of £616 18s 4d, according to his gifts, respective acts and decreets thereof, without any stop, trouble or impediment to be made by me or my successors to him therein, likewise I faithfully promise, bind and oblige me and my successors never to quarrel, nor impugn the said Master William's gifts and rights of the premises, nor yet to move action, litigation nor question relating thereto against him directly nor indirectly in judgement, nor outwith in time coming, under the pain of loss of honour, good name and fame in case I come in the contrary (as God forbid); and further shall reiterate, renew, perfect, subscribe and deliver to the said Master William any other form of ratification and approbation of his gifts above-written in the most ample form can be devised for his security until he find himself sure of the premises, consenting for the more security this act be inserted and registered in the books of council, to have the strength of a decreet of the lords thereof, with executions of horning by a simple charge of 10 days only and others needful to pass thereupon as appropriate; and to that effect constitute Master John MacGill, my procurator, whom I require to compear for me and in my name, consent to the registering hereof, promising to confirm etc. In witness whereof, subscribed with my hand, my seal is affixed. At Edinburgh, 19 June 1605, before these witnesses: Master Andrew Knox, bishop of the Isles, Thomas Whitford, brother to the laird of Whitford, Gilbert Ross, notary, servant to [John Kennedy], earl of Cassilis, and Master John MacGill, advocate. It is thus subscribed: Master Gavin Hamilton. Master Andrew Knox, witness. Master John MacGill, witness. Gilbert Ross, witness. Thomas Whitford, witness. Extracted from the book of acts by me, Sir John Skene of Curriehill, knight, clerk of the rolls, register and council of our most supreme lord the king, under my sign and subscription manual. It is thus subscribed, John Skene, clerk register.
[1605/6/70]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his majesty, in respect of the many good, true and thankful services done to his highness by his right trusty and familiar councillor Master John Preston of Penicuik, his highness's collector general and treasurer of his highness's new augmentations and one of the senators of his majesty's college of justice, whereof he has given sufficient proof not only in his daily and continual awaiting in the session and secret council for administration of justice to his highness's lieges, but also in diverse other weighty and honourable services committed to him by his majesty, which he has faithfully discharged and effectuated to his majesty's great contentment, has of late given, granted and conveyed to the said Master John during all the days of his lifetime, and after his decease to Master John Preston, younger, his eldest son and apparent heir, during all the days of his lifetime, and after his decease, all and whole a yearly pension of the feu mails, feu ferms and others underwritten, namely: of all and whole the feu mails and feu ferm duties of all and sundry lands, mills, mill lands and other kirk lands whatsoever which pertained of before to the monastery and abbacy of Jedburgh as a part of the patrimony of the same, extending yearly to £380 usual money of Scotland, and also of all and whole the feu mails and feu ferm duties of the lands of Evand pertaining to the prebendary of Balligurik, extending yearly to £107 10s money foresaid, together also with the sum of £110 and 24 bolls of meal to be paid yearly out of the first and readiest feu ferm duties of the lands pertaining to the abbacy of Holywood by John [Maxwell], lord Maxwell and the rest of the feuars, possessors and occupiers of the temporal lands of the said abbacy of Holywood, together with the sum of £130 money foresaid to be paid yearly out of the readiest and first of the blench duties of the lands sometime pertaining to the abbacy of North Berwick and erected in a free barony to Alexander Home of North Berwick, his heirs and assignees, and also of all and whole the feu mails and feu ferm duties of all and whatsoever lands, mills, mill lands and others whatsoever which pertained of before to the monastery and abbacy of Haddington, extending yearly to the sum of £360 money foresaid, as in the said letter of pension under his majesty's privy seal at more length is contained; which letter of pension his majesty faithfully promised to ratify and apprise in his highness's first parliament, to the effect the same might remain with the said Master John and his said son during their, or either of their, lifetimes as a testimony of his majesty's favour and goodwill towards them in all time coming. Therefore, his majesty and estates of parliament, having tried and considered the causes and respects of the giving of the said pension, and finding the same to have been necessary and profitable causes tending to his majesty's well and profit of the whole realm, have ratified and approved and, by the tenor of this present act, ratify and approve the said letter of pension made and granted to the said Master John Preston and his said son during all the days of their, or either of their, lifetimes of the feu mails, feu ferms and others particularly above-written, in all and sundry heads, points, clauses, articles and conditions therein contained, and will and grant and, by this act, decree, ordain and declare that this present ratification shall be as valid, effectual and sufficient in all respects to the said Master John and his said son as as if the said letter of pension were word for word at length inserted in this present act. And for the said Master John and his said son's better security, his majesty and estates foresaid, for certain great and weighty causes moving them, have dissolved and, by the tenor hereof, dissolve the said feu mails and other duties foresaid conveyed in pension as said is from the patrimony of his majesty's crown of North Britain during the said Master John and his said son's lifetimes only, and further have, after the said dissolution, given and granted, likewise by this act, for the causes above-written, give, grant and conveys to the said Master John Preston during all the days of his lifetime, and after his decease to the said Master John Preston, his son, during all the days of his lifetime, all and whole the said feu mails, feu ferms and other duties particularly above-written, to be peaceably possessed and enjoyed by them during all the days of their lifetimes, and will and decree that this act shall stand as an effectual and valid right to the said Master John and his said son to the effect foresaid, notwithstanding of the act of annexation of all kirk lands and feu ferms thereof to his highness's crown made in the year of God 1587, and notwithstanding of whatsoever acts and statutes made since whereby all pensions and dispositions of the feu mails and feu ferms of annexed lands or blench duties of the erected lands are annulled and discharged, with the which laws, statutes and others whatsoever already made or to be made which may derogate hereto, his majesty and estates foresaid, from a certain knowledge and by his own volition, dispense by this act forever. Moreover, his majesty and estates foresaid decree and declare that this present gift and pension of the said feu mails, feu ferm duties and others above-written conveyed to the said Master John and his said son shall in no way be hurt nor prejudiced by whatsoever erections and heritable dispositions of the said kirk lands, abbacies, priories and others above-specified in blench ferm to whatsoever person or persons, notwithstanding the said erections be made and granted by his majesty and his highness's estates in plain parliament, but that notwithstanding thereof the said Master John and his said son shall have good and undoubted right to the said feu mails, feu ferms and other duties of the kirk lands, abbacies and others above-specified, likewise as if the same were not erected nor conveyed in blench ferm, and that during all the days of their, or either of their, lifetimes, decreeing and ordaining the feu mails, feu ferm duties and other duties of the lands above-written to be expressly excepted or reserved, likewise his majesty and estates foresaid, by the tenor of this present act, expressly except and reserve the same out of and from all and sundry erections and heritable dispositions of the said lands to be made in blench ferm to whatsoever person or persons, and that during the lifetimes of the said Master John and his said son, and either of them in manner above-written; and decree and ordain this present exception and reservation to be as valid, sufficient and effectual to the said Master John and his said son as if the same exceptions and reservations were inserted and contained in the said erections and heritable dispositions made or to be made to whatsoever person or persons of the lands and others above-specified, to the which erections and heritable dispositions this present act shall make express derogation in favour of the said Master John and his son during their lifetimes only as said is.
[1605/6/71]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened ratify and approve the infeftment made by James [Douglas], commendator of Melrose, to the late James Lumsden of Airdrie and his heirs and assignees of the feu ferms of the lands of Grange and Grangemuir, lying within the sheriffdom of Edinburgh and constabulary of Haddington, which feu ferms now belong heritably to James Hay of Kingask by alienation and disposition of the same made to him by Robert Lumsden, now of Airdrie, brother and heir to the said late James Lumsden. And his majesty and estates declare that the said infeftment shall be good, valid and sufficient to the said James Hay and his heirs for enjoying, holding and possessing of the feu ferms of the lands above-specified in all time hereafter.
[1605/6/72]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies, approves and, for his highness and his successors, perpetually confirms the heritable charter made, given and granted under the great seal to Patrick Kinnaird of that Ilk, his male heirs, which failing to his heirs and assignees whatsoever, of all and whole the lands and barony of Kinnaird, tower, fortalice, manor place, orchards, yards, woods, dovecots, mills, multures, fishings, tenants, tenancies and service of free tenants, annexes, connexes, parts, pendicles and pertinents thereof, and of all and whole the passage of the water of Tay of Dundee, in all and sundry points, heads, articles, clauses, conditions and provisions contained in the foresaid charter, as the same of the date at Holyroodhouse, 18 December 1595 in the self at more length purports, together with the precept and instrument of sasine following thereupon. Moreover our sovereign lord and estates foresaid, understanding that sundry of his highness's lieges upon plain malice daily trouble and molest the passengers, boats and ferries which pass and repass at the passage of the said water of Tay of Dundee and make impediment to them to ship, boat and land peaceably at the Craigs and other parts and places where the passengers, ferrymen and boats have been accustomed to ship, boat and land peaceably these many years bygone, whereupon great trouble, controversy and inconvenience may fall forth and arise amongst the lieges of the realm frequenting and repairing to the said passage and ferry of the said water of Dundee; for remedy whereof, our said sovereign lord, with advice foresaid, statutes and ordains that none of our sovereign's lieges of whatsoever state, quality, degree or condition they be of take upon hand or presume to stop, trouble or molest any of our sovereign lord's lieges or subjects in passing at the said ferry of Dundee, shipping, boating or landing of the boats, ferrymen and passengers which shall happen to pass at the said ferry, but to suffer and permit them peaceably in all time hereafter to ship, boat and land at the Craigs and other parts and places where they have been accustomed to land, ship and boat these many years bygone, and to make them no stop nor impediment therein; and if any person or persons does in the contrary, to be called and accused for that before the lords of his highness's secret council as oppressors and troublers of our sovereign lord's lieges. And ordain publication to be made hereof at all places needful.
[1605/6/73]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament convened, considering the great charges and expenses disbursed by his majesty's servant, Master Alexander Hay, in attending by his majesty's direction in his highness's service at court, and also respecting the great sums of money laid out by the said Master Alexander in his majesty's said service, whereof as yet he has had no repayment nor recompense, being commonly known to his majesty and to his whole estates; therefore, it is declared by act and statute of this present parliament that is lawful, reasonable and most expedient that the king's majesty, for the said Master Alexander's greater security of payment of those disbursed by him, should grant, alienate and convey to the said Master Alexander, his heirs and assignees the whole feu ferms, silver kanes, customs and other duties paid by the tenants and possessors of the lands of Ardeth and Dron, and whereof the said Master Alexander has heretofore right and security during all the days of his lifetime, the same feu ferms, customs, silver duties, kanes and other duties of the said lands of Ardeth and Dron being always redeemable from the said Master Alexander Hay and his heirs and assignees upon the delivery of the sum of 20,000 merks usual money of the realm of Scotland, and that according to the particular clause of redemption to be contained in the said Master Alexander's right, security and infeftment to be passed and completed to him upon the warrant of this present act, which infeftment our said sovereign lord and estates convened declare shall be in all time coming a valuable, effectual and unretreatable security and right to him and his heirs to possess and enjoy the same feu ferms and other duties of the said lands of Ardeth and Dron until the lawful redemption of the same by payment of the said sum of 20,000 merks to the said Master Alexander and his foresaids, and that notwithstanding whatsoever acts of parliament made at any time heretofore, which may in any way appear to be hurtful or prejudicial to this present act, to the which acts this present act shall make and makes full derogation, because this present act is made for the said causes which are tried by our sovereign lord and the estates to be evident, profitable and necessary causes for the well of the realm. And the said estates decree, declare and ordain this present act to be an effectual and sufficient reversion to our sovereign lord and his majesty's successors for redemption of the said feu ferms, customs, silver duty, kanes and other duties of the said lands of Ardeth and Dron from the said Master Alexander Hay and his foresaids by payment to them of the said sum of 20,000 merks money foresaid, likewise and in the same manner as if there were a several and particular letter of reversion made, sealed and subscribed by the said Master Alexander for redemption thereof.
[1605/6/74]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves the letter of pension granted by his highness of the yearly duty of £140 paid out of the feu mails of the lordship of Altrie in favour of the late Master John Durie, minister of Christ's evangel, Marjorie Marjoribanks, his spouse, and Master Joshua Durie, their son, and the longest liver of the three, which letter of pension was also ratified and approved and confirmed before by our sovereign lord and estates of parliament, 5 June 1592; likewise his highness, with advice foresaid, of new gives and grants the said yearly pension to the said Marion† during all the days of her lifetime and to the said Master Joshua during all the days of his lifetime, notwithstanding of any act or constitution made or to be made for annulling or rescinding of pensions granted out of the annexed temporality or new erections, to the which this ratification shall make express derogation in as far as may be extended to the said yearly duty of £140 as the feu mails of the lordship of Altrie.
[1605/6/75]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the many true and thankful services done to his grace and his majesty's most noble progenitors of worthy memory by his highness's dearest cousins and councillors the late John [Hamilton], marquis of Hamilton, father to James, now marquis of Hamilton, and himself, and by George, marquis of Huntly, and their predecessors, and to give them and their posterity the better occasion to continue in the like true, thankful and good service to his majesty and his successors, our said sovereign lord in the month of [April] 1599, created, instituted, erected and inaugurated the said late John, then earl of Arran, lord Hamilton, and George, then marquis† of Huntly, in marquisates, and then gave them the place, honour and dignity of marquises, the said late John to be styled in his lifetime, and after his decease his heirs and successors, marquis of Hamilton, earl of Arran, lord Aven, and the said George, earl of Huntly to be styled in his lifetime, and after his decease his heirs and successors, marquis of Huntly, earl of Enzie, lord Gordon and Badenoch etc., with badge, arms and all other solemnities requisite and then set down in their said creation, and they, their heirs and successors to have from thenceforth in all time coming vote, place and suffrage in all parliaments, conventions, general councils and otherwise as marquises, as at more length is contained in their said creation, institution and erection, which our said sovereign lord and estates foresaid convened in this present parliament ratify, approve and perpetually confirm to, and in favour of, the said marquises and their successors; and statute and ordain that they, their heirs and successors shall in all time coming hold, enjoy, possess and use the honours, places, styles, dignities and immunities whatsoever of marquises according to their institution and creation foresaid in all parliaments, conventions, councils and otherwise as marquises, without stop, trouble or impediment ever to be made to them relating thereto; and declares and ordain this ratification to be as sufficient, valid and sufficient and effectual right, title and security to them for possessing and enjoying of the places, styles, honours and dignities of marquises as if their said creation and inauguration had been granted to them in plain parliament, and as if their said creation were word for word inserted herein.
[1605/6/76]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for many great and weighty causes, ratify and approve and for his highness and his successors perpetually confirm the charter made and granted by his highness under his majesty's great seal to his right trusty cousin and councillor William, earl of Angus in liferent, and to William, lord Douglas, his eldest son and apparent heir, and his male heirs heritably, of all and whole the lands, baronies and lordships of Kirriemuir, Abernethy, Tantallon, Bothwell, Preston, Bunkle, Douglas and of all other lands, baronies, lordships, privileges, liberties and immunities generally and specially comprehended in the forenamed charter, as the same of the date at [...] the [...] day of [...] 1[...] in the self at more length purports, with the precepts and instruments of sasine following thereupon in all and sundry points, heads, articles, clauses, provisions and conditions therein contained; and find, decree and declare the foresaid infeftment to be a perfect, valid and sufficient right and security to the said William, earl of Angus and William, lord Douglas and his male heirs for possessing and enjoying of all and sundry lands, baronies, lordships, castles, towers, fortalices, mills, woods, fishings, privileges, immunities, liberties and others whatsoever, as well generally as specially comprehended in the foresaid charter, according to the tenor thereof in all points; and also will and declare that this present confirmation and ratification is, and shall be, of as great strength, force and effect as if the forenamed charter, precept and instrument of sasine following thereupon were word by word inserted and engrossed herein; concerning which, our said sovereign, with advice foresaid, for now and ever by this ratification dispenses.
[1605/6/77]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened, for certain causes and considerations, have thought fit and expedient to alter and change the name of the castle of Girnigoe in Caithness, and statute and ordain that in all time coming the said castle shall be called Castle Sinclair.
[1605/6/78]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the good, true and thankful service done to his majesty and his predecessors of worthy memory by his grace's trusty cousin and councillor John, lord Lindsay of the Byres, his late father, grandfather, great-grandfather and their predecessors, and willing that the said John, lord Lindsay, his heirs and successors be in some measure gratified for the said good, true and thankful service that hereafter they may continue in the like for all ages to come, and for sundry other evident and profitable causes maturely considered, thoroughly advised and concluded by his majesty, with advice of all the said estates, has therefore ratified, approved and perpetually confirmed, and by the tenor hereof ratifies, approves and perpetually confirms, the charter and infeftment under the great seal granted by his majesty to the said John, lord Lindsay, his male heirs and of tailzie mentioned in the said charter and their assignees whatsoever heritably, of all and whole the lands of Auchterutherstruther, with the castle, tower, fortalice, manor place, mills, multures, woods, fishings, cuningars, parts, pendicles and pertinents thereof whatsoever, and of the lands of Kirkforther, superiority of the lands of Letham and others whatsoever, as well specially as generally set down and expressed in the said charter, in all and sundry heads, points, clauses, articles, circumstances and conditions thereof, which is of the date at Holyroodhouse, 5 April 1603, together with the sasine and other writs and securities following thereupon given and granted to, and in favour of, the said John, lord Lindsay and his foresaids; and declare and ordain this present ratification to be as good, valid, effectual and sufficient as if the said charter and infeftment word for word had been expressed and set down herein; and also decree and declare the said infeftment to be good and sufficient right, title and security to the said John, lord Lindsay and his foresaids to hold, enjoy, possess and use the lands and others whatsoever contained in the said charter and infeftment as their heritage at their pleasure, notwithstanding of whatsoever law, statute, act or ordinance made, or to be made in this present parliament, but that the said infeftment shall stand in the full force, strength and effect notwithstanding thereof in all time coming.
[1605/6/79]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves that gift and letter of pension given by his highness, with advice of his grace's controller, to Sir John Moncreiffe, now of Kinninmonth, knight, of the sum of 300 merks during all the days of his lifetime, with the assignation therein contained, as the letter and gift made and granted to the said Sir John, then styled Master John Moncreiffe of Easter Moncreiffe, of the date at Perth, 6 August 1601, at more length bears, which is held as engrossed and inserted herein word by word, to be paid by him as is contained in the said former gift and letter of pension made to him relating thereto; decreeing and ordaining the same to stand in full strength and effect to him, notwithstanding of whatsoever act, statute, constitution or law made, or to be made, in the contrary hereof, or that may derogate the same in any time hereafter.
[1605/6/80]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the letter of rehabilitation and restitution granted by his majesty under his highness's great seal of his kingdom of Scotland to William Learmonth of the Hill, being forfeited for the treasonable assisting of Francis [Stewart], sometime earl of Bothwell, and declare that the said William is fully restored by his majesty's most gracious mercy and pardon to his blood again, which, by his former crimes of treason, was blemished; and ordain this present act to be extended in ample form with all clauses needful according to the tenor of those letters of rehabilitation under his majesty's great seal as said is.
[1605/6/81]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm, and of new give, grant and convey to a reverend father in God, Peter, bishop of Dunkeld, and to the citizens of the town of Dunkeld the privilege and liberties granted to the bishops of Dunkeld and citizens thereof of before by our sovereign lord's most noble progenitors, of their whole fairs and weekly market in use to be held within the said city and freedoms thereof, with the whole jurisdictions, freedoms, toll and customs of the same. And likewise our sovereign lord and estates of this present parliament, being informed how necessary it is to have a market or fair to stand in and about the said town of Dunkeld at Martinmas [11 November] yearly, being a proper time of the selling of goods for sustentation of our sovereign lord's lieges, where a great number of the highland men of this country would resort rather than to any other part, therefore our said sovereign lord and estates of this present parliament give and grant full liberty to the said reverend father and citizens of the said town of Dunkeld to hold a market and public fair within and about the said city within the freedom thereof, to begin yearly hereafter upon Monday after Martinmas day, being 11 November, and thereafter to continue for the space of eight days with the whole jurisdictions, freedoms, toll and customs of the same.
[1605/6/82]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his majesty, upon good and godly respects tending to the public well of this realm, has erected a grammar school within the city of Dunkeld and, for the sustentation of the master and teacher of the youth within the same, his highness has endowed and conveyed certain annualrents and duties specified in the foresaid erection, which erection his majesty, by his highness's charter under the great seal made with advice of his officers of state, has ratified and approved, as in the said erection and charter of ratification at length is contained. And as the said erection was made for good respects to the glory of God and common welfare of the realm, so his majesty and estates foresaid are in no way willing that his highness's godly deed shall be altered or diminished in any manner of way in time coming, therefore our said sovereign lord and estates foresaid have ratified and approved and, by the tenor hereof, ratify and approve the foresaid erection and his highness's confirmation thereof above-specified, in all and sundry the heads, clauses, articles and circumstances thereof therein mentioned, after the form and tenor of the same in all points; and his majesty and estates foresaid will, grant and declare that the erection and gift above-specified is and shall be a sufficient right to the masters of the foresaid grammar school present and to come for receiving and uplifting of the rents and duties endowed thereto, according to the tenor of the said erection in all points, notwithstanding whatsoever act or statute made in the contrary, declaring all acts and statutes made to the hurt and prejudice of the yearly rent endowed to the sustentation of the said grammar school in that point thereof to be null.
[1605/6/83]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering how necessary it is for the well of Scotland that the castle of Dumbarton, which is the key and special hold of that part of our country, be maintained, therefore our said sovereign lord, with advice and consent of the said estates, has ratified and approved and, by the tenor hereof, for his highness and his successors, ratifies, approves and perpetually confirms the letters of gift and disposition made, given and granted by our said sovereign lord, with advice of his majesty's cousin and councillor David [Murray], lord Scone, comptroller to the captain, constable and keepers of the said castle of Dumbarton present and to come and their successors, of all and whole the feu ferms, profits and duties of the lands of the Isle of Bute, lying within the sheriffdom thereof, extending to 11 chalders, 15 bolls of barley, 10 chalders of oats, 24 bolls of meal, £140 silver mail and 41 sufficient merks to be taken up by them from the feuars, tenants and possessors of the lands of the Isle of Bute at the terms of payment used and wont, as the foresaid letters of gift, assignation and disposition therein contained, passed under his highness's privy seal of the date at Whitehall, 31 December 1604, in themselves at more length purport in all and sundry points, heads, articles, clauses, circumstances and conditions thereof; and find, decree and declare the foresaid letters of gift, assignation and disposition therein contained to be a perfect, sufficient and valid right and security to the captain, constable and keepers of the said strength and castle of Dumbarton present and to come and their successors for possessing and enjoying of the foresaid feu ferms and other duties therein contained, and that for all the days and terms since the date thereof, and also yearly and termly in all times coming in the same way and as freely in all respects as if the feu ferms, silver mail and other duties expressed in the said letters of gift had been assigned by a special act and statute of parliament for keeping of the said castle of Dumbarton, notwithstanding whatsoever act of parliament, statute or constitution made in this present parliament or at any time of before, which shall in no way be hurtful nor prejudicial to the foresaid letters of gift, nor make derogation thereto in any sort; and will and grant that this present confirmation is and shall be of as great strength, force and effect as if the said letters of gift had been word by word engrossed and inserted herein, concerning which our sovereign lord, with advice foresaid, by this ratification, dispenses; likewise our said sovereign lord, with advice and consent foresaid, by the tenor hereof, statutes and ordains that the foresaid feu ferms of victual and silver mail and marts comprehended in the forenamed letters of gift shall remain and abide in all time coming with the captain, constable and keepers of the said strength and castle of Dumbarton for sustaining of their charges in keeping thereof. Moreover, our said sovereign lord and estates foresaid ratify, approve and confirm the act of parliament made in his highness's ninth parliament held at Edinburgh, 22 August 1584, regarding the money and victual assigned to the keeping of the castle of Edinburgh, Stirling, Dumbarton and Blackness, in so far as the foresaid act of parliament is extended to the mails, ferms, profits and duties of the lands of Cardross and Meikle Cumbrae, to the pension, ferm, mail of Kirkpatrick and 550 merks out of the surplus of the thirds of the benefices assigned for keeping of the said castle of Dumbarton and ordained by the tenor of the same act to remain and abide in all time coming with the captains and keepers of the said castle of Dumbarton for sustaining of the charges of their offices.
[1605/6/84]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the annexation of the lands of Scone to our sovereign lord's crown, the same by falling in his highness's hands by the forfeiture of the late traitor [John Ruthven], earl of Gowrie, special exception was made forth thereof of the lands of Nether Liff, pertaining heritably to George Hay, gentleman of his majesty's privy chamber, and of the lands of Nether Durdie, pertaining to Master Peter Hay, and of the teinds and teind sheaves of the said lands, and that for special infeftments to be given to the said George and Master Peter of the same, to be held of our sovereign lord by them as his highness's immediate tenants and vassals of the same; therefore our said sovereign lord and estates of parliament presently convened ratify and approve the said exception made from the said annexation and infeftments following thereupon, declaring hereby that the said George and Master Peter Hay, their heirs, successors and assignees, heritable proprietors of the said lands and teinds, shall, in all times hereafter, be immediate tenants and vassals to his majesty, notwithstanding whatsoever gift granted by our said sovereign lord, either of the feu or blench duty of the said lands, or otherwise of the lands themselves, our sovereign lord and estates hereby declaring that, notwithstanding any grant made to the contrary hereof, the said George and Master Peter and their foresaids heritable proprietors shall remain ever in all time hereafter immediate tenants to our said sovereign lord and his highness's successors. At Greenwich, 24 May 1606.
[1605/6/85]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the letter of tack and assedation made and set by Francis [Stewart], sometime earl of Bothwell, then commendator of Kelso, to Edward Maxwell, eldest lawful son to Sir James Maxwell of Calderwood, knight, for all the days of the said Edward's lifetime, and after his decease to his heirs and assignees for the space of 19 years, of all and sundry the teinds, both parsonage and vicarage, of the parish kirk and parish of Carluke; and also the letter of tack and assedation containing an express ratification of the former tack made and set by the late John [Maitland], lord Thirlestane, commendator of Kelso for the time, to the said Edward Maxwell and his foresaids for the space above-written, of all and sundry the foresaid teinds, both parsonage and vicarage; and also the third letter of tack ratifying and approving the two former letters of tack set and made by William [Kerr], now commendator of Kelso, with consent of Andrew Kerr of Romanogrange, his steward, to the said Edward Maxwell and his foresaids for the spaces and years above-rehearsed, of all and sundry the same teinds, both parsonage and vicarage, of the said parish kirk and parish of Carluke, as the same letters of tack and assedation and ratifications thereof in themselves at more length purport, in all and sundry points, heads, articles, clauses, circumstances, conditions and provisions inserted and contained in the forenamed letters of tack and ratifications, or any of them; and find, decree and declare the foresaid letters of tack and ratifications thereof to be good, valid and sufficient rights to the said Edward Maxwell and his foresaids for possessing and enjoying of the said teinds, both parsonage and vicarage, during the whole space, times and years therein mentioned; and will and declare this present ratification and confirmation thereof to be of as great strength, force and effect to the said Edward Maxwell and his foresaids as if the said letters of tack and ratifications thereof were word by word inserted herein; concerning which, his majesty, with advice foresaid, for now and ever by this ratification dispenses.
[1605/6/86]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament find and declare that the infeftment of feu ferm made to his highness's trusty servant Bernard Lindsay, one of his majesty's grooms of bedchamber, of the lands and bounds called the King's Wark in Leith, with houses, buildings, parts, pendicles and pertinents whatsoever contained in the said Bernard's infeftment of the same, to be good, valid and sufficient to the said Bernard for possessing and enjoying of the same; and our said sovereign lord and estates foresaid declare and ordain the said Bernard's infeftment to be as lawful and valuable to the said Bernard, his heirs and assignees as if there had preceded a special dissolution of the annexation of the said Wark and houses of Leith to the crown, if any such be, before the granting of the said infeftment, which our sovereign lord and estates foresaid find to be sufficiently supplied by this present act and ordinance.
[1605/6/87]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened ratify, approve and confirm that letter of gift and pension granted by his majesty to his trusty councillor Sir Alexander Straiton of Lauriston, knight, for all the days of his lifetime, of the blench duty of the lordship of Scone, extending to 1,000 merks Scots by year; and declare that the same shall be a sufficient and valid right to the said Sir Alexander for possessing and enjoying of the said yearly pension by himself, his factors or assignees in all time coming during his lifetime without any retraction whatsoever.
[1605/6/88]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the charter and infeftment under the great seal, made and granted by his highness, with advice of [George Home, earl of Dunbar], his majesty's treasurer, and [Master John Preston of Penicuik], collector general, to Alexander MacGhie of Balmaghie and his male heirs and of tailzie therein specified, of all and whole the lands and barony of Livingston and sixteen shilling, eight penny land of Slogarie, with the advocation, donation and right of the patronage of the parsonage and vicarage of the kirk and parish of Balmaghie, all lying within the stewartry of Kirkcudbright, as the said infeftment of the date at Edinburgh, 29 May 1606 at more length purports, in all and sundry points, passages, heads, articles, clauses, provisions, privileges and conditions whatsoever therein contained. And our said sovereign lord and estates foresaid declare that the foresaid infeftment shall stand as an effectual right and security to the said Alexander MacGhie, his said male heirs and of tailzie therein mentioned, for possessing and enjoying of the lands, barony, patronages and others particularly therein specified, after the form and tenor thereof in all points, and be as valid and sufficient as if the same had been at length word by word engrossed herein.
[1605/6/89]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates convened in this present parliament, having consideration of the good and thankful service done to his highness by his beloved Sir Michael Balfour of Balgarvie, knight, in many respects, but namely in provision by his labour, travail and expenses of this his highness's kingdom of Scotland with good and sufficient armour transported by him out of foreign countries, being specially employed to that effect, which armour was not only imported by the said Sir Michael, but also a good part thereof received by his highness to his majesty's behalf, the price whereof extends to the sum of 5,000 merks usual money of Scotland. And his highness being willing to have the said Sir Michael provided by sufficient security for payment of the said sum, and knowing perfectly that the said Sir Michael, by infeftment of feu ferm granted by his highness's predecessors to whom he succeeds of the lands of the Star, with the pertinents, lying within the sheriffdom of Fife, is obliged to pay yearly to his majesty and his successors the sum of £10 money of this realm, 28 bolls of wheat, 31 bolls, two firlots, two part firlot of barley, 24 capons, 48 poultry for the feu ferms and duties of the said lands of Star, with the pertinents, his highness and estates foresaid, for his better security of the said sum and payment of the annualrent justly due thereof until the wadset after-mentioned be lawfully redeemed, have thought fit and expedient that the feu ferms of the said lands of Star shall be wadset by his highness to the said Sir Michael, his heirs and assignees until they be lawfully paid of the said sum of 5,000 merks and to be peaceably possessed and enjoyed by him in the meantime in satisfaction of the annualrent justly due for the said sum under reversion, always containing the said sum of 5,000 merks for redemption of the said feu ferms which are least hurt to his majesty and his patrimony, the said feu ferms being always redeemable by his highness and his successors from the said Sir Michael and his foresaids. And for the said Sir Michael's better security of the said wadset, his highness and estates foresaid have dissolved and presently dissolve the said feu ferms of the lands of Star from the annexation made of his highness's property to the crown, laws and constitutions made relating thereto, to the effect the said wadset may take full effect in the person of the said Sir Michael and his foresaids and all lawful security to be made and completed to him thereupon; and in respect thereof, his highness and estates foresaid, as also with express consent and assent of David [Murray], lord Scone, his highness's comptroller, ordain a charter to be made under his highness's great seal in due form in favour of the said Sir Michael and his foresaids, making mention of the said wadset and expressly giving, granting and conveying to the said Sir Michael, his heirs and assignees all and whole the said feu ferm duties of the said lands of Star, extending to the quantity above-specified, and that in satisfaction of the yearly annualrents justly due for the said sum of 5,000 merks during the non-redemption thereof, redeemable always by his highness and his successors by payment of the said principal sum of 5,000 merks to the said Sir Michael and his foresaids, to be held by the said Sir Michael and his foresaids, all and sundry the said feu ferm duties, extending yearly for the said lands of Star to the sum of £10 money foresaid, 28 bolls of wheat, 31 bolls, two firlots, two part firlot of barley, 24 capons and 48 poultry, of our sovereign lord and his successors in free heritage and free blench ferm for ever, freely, quietly etc., without any revocation etc., giving for that, the said Sir Michael and his foresaids, to our sovereign lord and his successors one penny usual money of this realm at the term of Whitsunday [May/June] yearly upon the ground of the said lands in name of blench ferm, if it be asked, only; providing always (likewise his highness and estates foresaid, with advice foresaid, ordain the provision after-mentioned to be inserted in the said charter) that how soon or at what time it shall happen his majesty or his successors to thankfully pay and deliver to the said Sir Michael, his heirs or assignees, upon a day between the sun rising and setting thereof before the feast of Whitsunday or Martinmas [11 November] in numerate money the foresaid sum of 5,000 merks within the parish kirk of St Giles in Edinburgh, then, and in that case, the said Sir Michael and his foresaids shall be held to resign, renounce, quitclaim and give over to his highness and his successors the said feu ferm duties of the lands of Star, with the pertinents, together with the said infeftment and security foresaid, with all other charters, precepts, instruments of sasine and other securities whatsoever of the said feu ferms, with all right claim of right which he has or may pretend thereto in time coming, the premonition and warning to be made to the said Sir Michael and his foresaids for making of the said redemption to proceed upon 40 days' warning before the feasts of Whitsunday or Martinmas, and that he and his foresaids be lawfully warned thereto, either personally apprehended or at their dwelling places in presence of a notary and witnesses as appropriate, and the said Sir Michael and his foresaids shall in no way fraudulently absent themselves from the receipt of the said sum; and in case of their absence or refusal, the consignation to be in the hands of the treasurer or dean of guild of the said burgh to the effect the same may be forthcoming to the utility and profit of the said Sir Michael and his foresaids. And further, his highness and estates foresaid, with advice foresaid, find and declare that the foresaid infeftment, or any other infeftment to be purchased hereafter according to this present security, shall be valid and sufficient rights and titles to the said Sir Michael and his foresaids for possessing and enjoying of the said feu ferm duties of the said lands of Star, with the pertinents, until the lawful redemption thereof by payment of the said sum of 5,000 merks, notwithstanding of whatsoever law, statute or constitution made or to be made in the contrary, renouncing for him and his said successors all exception that may be proposed against that, and discharging his highness's advocate, present and to come, to compear in the contrary and of his office in that part. And finally that this present security and infeftment foresaid to be completed thereupon shall be also a sufficient exoneration to the said Sir Michael and his foresaids regarding the yearly payment of the said feu ferms, as if the same were yearly paid to his highness's comptroller and his deputes and yearly acquittances reported thereupon, and ordain letters to be directed hereupon in the appropriate form.
[1605/6/90]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament convened and held within his majesty's realm of Scotland, understanding that it is necessary that the whole lands lying waste of his majesty's property, whereof his majesty receives no yearly profit, be set in feu ferm heritably to such persons as will give most; therefore, for the augmentation of his majesty's proper rent within this realm, have with one advice and consent by their decreet in parliament dissolved and, by the tenor of this present act, dissolve from his majesty's crown and patrimony of the same, all and whole the hills of the Lomonds and muirs of Falkland, with the proper parts and pertinents thereof, annexed of before to his highness's crown and patrimony thereof, now and in all time hereafter to remain separate and dissolved from all former annexations thereof, to the effect the same may be set in feu ferm heritably, in whole or in part, to such person or persons as will give most for that in augmentation of his majesty's proper rent.
[1605/6/91]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, remembering that his right trusty cousin and councillor Francis, earl of Erroll, lord Hay, great constable of his majesty's realm of Scotland, is lately descended of his highness's blood, and that his late right trusty cousin and councillor Andrew [Hay], earl of Erroll who last deceased, father to the said Francis, after his age of 60 years, did complete marriage with Mistress Agnes Sinclair, daughter to the late George [Sinclair], earl of Caithness, upon reasonable conditions mentioned in the contract of that marriage and little to the decay of his estate, but the said earl and the said Mistress Agnes, continuing a certain space together, she took occasion by his infirmity and weak judgement, he being then not so solid as was necessary for the well of his estate, to invent and devise many fraudulent means in the hurt and prejudice of the heirs and successors of the first marriage in their succession to the said earldom of Erroll, office of constabulary and lands and living of the same, specially by a great number of invented and coloured bonds and obligations, charters, precepts and instruments of sasine of a great part of the foresaid earldom and lands thereof, to herself and the succession procreated of the said second marriage, tending to the perpetual wrack and destruction of the said ancient and noble house of Erroll, which many ages of before had continued a noble family and whole living; and the secrets of the said pernicious inventions partly coming to light and revealed to his highness, being within the realm of Scotland at sundry times in the year of God 1583, his majesty's affection towards the said earldom moved his highness to be more careful in his duty in the conservation and maintenance of the honourable estate thereof; at the which time his highness entered in trial what had been invented and done to the hurt and prejudice of the estate of the said earldom, and after long inquisition and trial a great part of the said fraudulent inventions were disclosed and many of the controversies that might arise between his highness's right trusty cousin and councillor Francis, now earl of Erroll, and the said late Andrew, his father, Dame Agnes Sinclair, his spouse, and their bairns of the said second marriage were appeased and pacified, as at more length is contained in a decreet arbitral given and pronounced by our said sovereign lord upon [...] December 1583, and in a declaration made thereafter, upon 25 March 1584, of certain obscure clauses contained in the same decreet, whereby our said sovereign lord, the said Francis, earl of Erroll and friends of his house thought them void of any other fraudulent invention to be devised by the said Dame Agnes at any time thereafter, and that all questions and controversies that might follow were totally buried by the said decreet arbitral and declaration, by the which there was a perfect rule set down what should abide with the heirs and successors of the said earl, and what should be given for support of all the bairns both of the first and second marriage, and what should remain with the said Dame Agnes for her lifetime; but she preserving more and more in her malice and encouraging herself, by the detriment of her said husband's wit and judgement in his age, moved him to subscribe with his hand a great number of blanks, some in parchment and some in paper, which the said Dame Agnes has in her hands, at the least has filled the same, or some number thereof, as she has thought good for her own commodity and of her bairns procreated of the said second marriage, or others of her special friends and kinsmen for their well and commodity directly, or as immediate persons who might transmit in her foresaid bairns or others; and being lately pursued at the instance of the said Francis, earl of Erroll before the lords of council and session within this realm for production and exhibition of 18 blanks, some in paper and some in parchment, subscribed by the said late Andrew, earl of Erroll, which were delivered in her hands, and she had the same, at the least had fraudulently put the said blanks away, and the said Dame Agnes, her whole defences and reasons proposed in that matter being rejected, the summons was admitted to the said Francis, earl of Erroll, his probation. And because the matter grew with so great a consequence, and that the said Dame Agnes, in presence of the said lords, made many and terrible contestations by her oath that she never had nor saw any blanks subscribed by the said late earl, her spouse, the lords were moved to declare that the said summons should be proven against her by a sufficient number of witnesses that should be not only all of exceptional standing, but every witness that should testify in that matter should be valued in land and gear 1,000 merks money of Scotland; upon the which pursuit the said lords of council and session, after examination of many witnesses of the quality contained in the said declaration, and after the sight of many writs and evidents produced by the said Francis, earl of Erroll for probation of his said summons, have pronounced and given their decreet upon [...] March 1606 in favour of the said Francis, earl of Erroll, against the said Dame Agnes, decreeing her to exhibit and produce before the said lords 7 of the said 18 blanks, of the which 7 there are four in paper and three in parchment, and after the exhibition thereof, to deliver the same to the said Francis, earl of Erroll and his successors in the said earldom, to be cancelled and destroyed or otherwise used by them at their pleasure. Yet, notwithstanding of all the premises and decreet before specified, the doubts and questions of the damage and interest that may fall to the said Francis, earl of Erroll and his successors in the said earldom are not taken away, but the same remain to import the extreme peril and danger for the said wrack and ruin of the said house and earldom of Erroll through the multitude of the said blanks and the generalities of the subjects and matters with which the same may be filled, and through the infinite persons in whose favour the same may be filled, none of them having any determination, designation or inscription for the which they were destined, except there be some other remedy competent by the law whereby it may certainly be known what is become of all the said blanks, whether they be filled or yet standing blank, and if they be filled to know with what matter or subject. And there being sundry remedies for that purpose, our sovereign lord, with advice of his three estates of parliament, has thought this remedy after-mentioned to be very proper for a beginning to the effect foresaid, and therefore has ordained and directed and, by the tenor of this ratification, ordains and directs the lords of his majesty's council and session within the said realm of Scotland, supreme judges in all causes and actions civil, to give and grant letters at the instance of the said Francis, earl of Erroll, his heirs and successors of the said earldom, and at the instance of [Sir Thomas Hamilton of Monkland], his highness advocate now present, or that shall be for the time, so often and in what manner and libel the said Francis, earl of Erroll and his successors and our said sovereign lord's advocate for his majesty's interest shall require against whatsoever person and persons, general or special, as they shall please, to compear before the said lords at the days and places to be appointed in the said summons, with continuation of days, charging them in general or by their names as the summons shall bear, to exhibit and produce whatsoever contracts, bonds and obligations, indentures and appointments, infeftments, charters, precepts, instruments of sasine, confirmations and ratifications thereof, procuratories and instruments of resignation made as well in favour of whatsoever other person for new infeftment, as made by the said late Andrew, earl of Erroll in his superiors' hands to remain perpetually, reversions, assignations to reversions, bonds and obligations for making and delivering of reversions, renunciations and granting of redemptions, discharges and renunciations of reversions, tacks, assedations and rentals, and all other writs and securities of whatsoever form or quality made and subscribed by the said late Andrew, earl of Erroll at any time from his birth to his decease, concerning the lands, lordship and barony of Slains, annexes, connexes, parts, pendicles and pertinents of the same, and the said office of great constabulary within the realm of Scotland, and also of the lands, lordship and barony of Erroll, with annexes, connexes, parts, pendicles, and pertinents or any part of the same, and of the lordship and barony of Logie Almond, regality thereof, or any part of the same, either in property or tenancy, with advocation, donation and right of patronage of whatsoever kirks, chaplainries and altarages pertaining to the said earldom, and also to produce and exhibit whatsoever tacks, assedations and assignations to tacks and assedations of whatsoever teinds, parsonages and vicarages which pertained to the said late Andrew, earl of Erroll, and also to exhibit and produce whatsoever bonds and obligations allegedly made by the said late earl to whatsoever persons, subscribed with his hand, obliging him for sums of money or doing and perfecting of any other deed whereupon action might be founded against his heirs and successors in the law, to be seen and considered by the said lords, and to hear and see the same civilly disproved according to the law; and that the persons to be specially called to the effect foresaid, being within the realm of Scotland, shall be summoned personally or at their dwelling places, and that such others as shall be specially called and shall be out of the realm shall be summoned at their dwelling places where they made their residence before their departing, and at the market crosses of the head burghs of the shires where they dwelt, and at the market crosses of Edinburgh, pier and shore of Leith. And if any others that are generally to be summoned because it cannot be certain to the said Francis, earl of Erroll and our said sovereign lord's advocate for what effects the said blanks or any of them are or may be filled, the general summons shall be executed upon 60 days' warning at all the head burghs of the shires within the realm of Scotland, and at all the head burghs of all the regalities, stewartries and bailiaries within the same, upon the which summons the said persons generally to be summoned, or that shall be absent out of the realm, albeit they be absent but remaining in spirit, shall be answerable to the jurisdiction of the said lords of council and session by reason of the business concerning which it is conducted in such sort as upon the second summons; the said persons who shall be generally summoned and specially shall be held to exhibit and produce all and whatsoever contracts, bonds and obligations foresaid, indentures and appointments, infeftments, charters, precepts, instruments of sasine, confirmations and ratifications thereof, procuratories and instruments of resignation, made as well in favour of whatsoever other person for new infeftment as made by the said late Andrew, earl of Erroll in his superior's hands to remain perpetually, reversions, assignations to reversions, bonds, obligations for making and delivering of reversions, renunciations and granting of redemptions, discharges and renunciations of reversions, tacks, assedations and rentals and all other writs, evidents and securities whatsoever, of whatsoever form, tenor and quality made and subscribed by the said late Andrew, earl of Erroll at any time from his birth to his death, concerning the said lands, lordship and barony of Slains, annexes, connexes, parts, pendicles and pertinents of the same, and the said office of great constabulary within the said realm of Scotland, and also all and whole the said lands, lordship and barony of Erroll, with annexes, connexes, parts, pendicles and pertinents thereof, or any part of the same, and of the lordship and barony of Logie Almond, regality thereof, or any part of the same, either in property or tenancy, with advocation, donation and right of patronage of the kirks, chaplainries and altarages pertaining to the said earldom; and likewise to exhibit and produce whatsoever tacks, assedations or assignations of tacks of whatsoever teinds, parsonages or vicarages which pertained to the said late Andrew, earl of Erroll, made by him to whatsoever persons, and also whatsoever bonds or obligations allegedly made by the said late Andrew, earl of Erroll to whatsoever persons, subscribed with his hand, binding and obliging him for sums of money or doing or perfecting of any other deed whereupon action may be founded against his heirs or successors in law, according to the form and order foresaid, to be seen and considered by the said lords, and to hear and see the whole writs and evidents in form and quality as they are before specified or of whatsoever other form, tenor or quality subscribed by the said late Andrew, earl of Erroll generally or specially, to be improved according to the law, with certification to the foresaid persons, generally and specially, that if they fail in production thereof as said is, the same shall be decreed and declared to make no faith in judgement nor outwith in any time thereafter. And further that the said persons in general and special shall never be heard to move action, cause or question by virtue thereof against the said Francis, earl of Erroll, his heirs and successors, or by virtue of any of the said writs, evidents, infeftments and others whatsoever of the quality and form above-expressed or whatsoever other tenor or quality the same be of, subscribed by the said late Andrew, earl of Erroll, directly or indirectly to the prejudice of the said Francis, earl of Erroll, his heirs and successors, concerning the said lands, lordships, baronies, offices, advocation and donation of benefices, property and tenancy thereof, or for any sums of money or fulfilling of any deed contained in any bond, contract or obligation foresaid, or for any teinds, rooms and possessions pertaining to the said earl, which order of process our sovereign lord, with advice of his three estates, has found and declared and, by the tenor of this ratification, finds and declares to be in the self just and lawful to all constructions for the effect foresaid, affirming the same by the authority of this present parliament that no person shall be hereafter heard to impugn the same, but in this case and when any also occurs, the same shall stand for a law and statute immutable.
[1605/6/92]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for certain causes and considerations moving them, have thought fit and expedient at the desire of William, master of Murray of Tullibardine, to alter and change the name of the lands and barony of Trewin pertaining to him in the name of Earn; and statute and ordain the said lands and barony now called Trewin to be called in all time coming the lands and barony of Earn.
[1605/6/93]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the gift of the office of clerkship of the collectory given, granted and conveyed by his majesty to Master John Drummond, servant to Alexander [Seton], earl of Dunfermline and chancellor of this realm, with all fees, casualties, duties, pensions and whatsoever his majesty has conveyed to him belonging thereto, to be possessed and enjoyed by him during his lifetime in the same way and as freely as any other clerk of collectory had, has or shall be known to have possessed the same and others foresaid in any time bygone; and decree and declare the foresaid gift of the said office to be effectual and valid to the said Master John in all heads, articles and clauses thereof, to the effect the said office and others above-specified may be possessed by him without impediment or contradiction during his lifetime as said is; and declare that the said pensions conveyed to the said Master John for discharge of the said office shall after the decease of the said Master John return and be added to the bishop of Ross and his successors as a proper part of the patrimony of the said bishopric and shall in no way appertain to the said clerkship of collectory as a part of the fee or duty of the same in any time hereafter.
[1605/6/94]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and confirms the gift and disposition therein contained made, given and granted by his highness under the privy seal to Sir John Arnott, treasurer depute, and Margaret Craig, his spouse, and the longer liver of the two, to bring in yearly within this realm of Scotland by themselves, their friends, factors and servants in their names, 30 tuns of wine free, without payment of any kind of impost, custom or other duty to be paid by them thereof, as the said gift of the date at Whitehall, 26 October 1604, at more length purports; which gift and disposition therein contained as said is, our sovereign lord, with advice foresaid, decrees and ordains to be of as great force, strength and effect as if the same were inserted herein word by word; concerning which, his highness by this present act dispenses.
[1605/6/95]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, for the good, true and thankful service done to his majesty by his servant John Arnott, burgess of his highness's burgh of Edinburgh, and for diverse other great respects and good considerations moving his majesty and the said estates, has ratified, approved and confirmed and, by the tenor hereof, for his highness and his successors, ratifies, approves and confirms the charter and infeftment, with the precept and instrument of sasine following thereupon, vendition and alienation in them contained, made, given and granted by Patrick [Stewart], earl of Orkney, lord Shetland, to the said John and Margaret Craig, his spouse, and their heirs specified therein, with consent and assent of Dame Margaret Livingstone, his spouse, of all and whole the lands and isles of Birsay, Sandwick, Hoy, Walls and South Ronaldsay, Shapinsay, Deerness, Sanday, Stronsay, Egilsay, Rousay and North Ronaldsay, with the houses, buildings, yards, castles, towers, fortalices, orchards, dovecots, mills and multures whatsoever pertaining thereto, with all their pertinents, all lying in the main land and isles of Orkney, within the sheriffdom of the same, with the annexation and union contained in the said infeftment, with all clauses specified and contained therein. And his majesty and estates foresaid of this present parliament decree and declare that the generality hereof shall be as effectual in all respects as if the foresaid whole charter, infeftment, precept and instrument of sasine following thereupon were at length word by word inserted, herein dispensing with that by this ratification. As likewise his majesty, with advice of the said estates of parliament, wills and grants, and for his highness and his successors, decrees and ordains that the infeftment, right and title made by the said Patrick, earl of Orkney, with consent of his said spouse, to the said John Arnott, his spouse and their heirs foresaid, in respect of this present ratification and approbation thereof, shall be a good and sufficient right and title to them in all time coming for possessing and enjoying of all and sundry the lands and isles above-written, with the houses, buildings, yards, castles, towers, fortalices, orchards, dovecots, mills, multures and their pertinents, with the whole profits and commodities thereof, until the lawful redemption of the same by payment of the sums of money contained in the last reversion granted to the said earl for redemption thereof, extending to 200,000 merks money, notwithstanding of whatsoever laws, constitutions, acts of parliament made regarding the annexation of the isles to the crown, prohibitions and provisions made for not disposition or alienation thereof, or whatsoever other constitution, canon, civil or municipal, whereupon the same may be quarrelled or impugned in time coming, and also notwithstanding of whatsoever crime, fact or deed committed by the said Patrick, earl of Orkney before or after the said alienation, as likewise notwithstanding of the summons of treason intended against him, dispensing with that for his majesty and his successors for ever; discharging therefore his majesty's advocates, treasurers, comptrollers, collectors and all others of his highness's officers, present and to come, of all quarrelling, impugning or objecting against the rights and titles foresaid made and granted to the said John, his said spouse and their heirs of the lands, isles and others above-specified, with their pertinents or any part thereof, in the law nor by the law by any manner of way in time coming, of their offices in that part for ever by this ratification, reserving always to his majesty and his successors the feu mails and duties of the foresaid lands and isles used and wont to be paid to his majesty's comptrollers by the said Patrick, earl of Orkney for the same of before, according to the infeftment granted to the said earl thereupon only given at Whitehall, [...]† day of [...] 1606.
[1605/6/96]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves that gift and letter of pension made and granted by the late William [Stewart], commendator of Pittenweem, with consent and assent of the metropolitan kirk of St Andrews, to William Moncreiffe of that Ilk of a yearly pension of 210 merks yearly, to be taken up and uplifted out of the first and readiest of the fruits and rents of the said priory of Pittenweem during all the days of the said William Moncreiffe's lifetime; and for sure payment thereof, assigning to him the feu mails of Easter and Wester Rhynd, together with the teind sheaves of the parish kirk of Rhynd extending justly to the said sum appointed to be confirmed in parliament, as the gift and letter of pension made relating thereto of the date at Pittenweem and St Andrews, 8 and 9 February 1584 [1585] in itself at length bears, which whole letter of pension, with all clauses and articles therein contained is held as repeated and word by word engrossed therein, and declares the same to be as valid and sufficient as if the same were inserted herein; concerning which, the said estates dispense.
[1605/6/97]*[print] [email] [cite] [preceding] [following]
Forasmuch as in this present session of parliament there are many ratifications passed wherein diverse and new clauses are inserted which may be prejudicial to particular parties' rights and derogative to many and diverse laws lawfully made and established of before, albeit the meaning of the estates be at this time, as it was ever in all preceding parliaments, that by no act of ratification any other party should be hurt or prejudiced; for remedy whereof, it is statute and ordained that no ratification passed in this session of parliament shall be prejudicial to any private parties' right, but that the said ratifications be always understood whether the same be general or special to be saving the right of anyone.
[1605/6/98]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament presently convened, considering the princely duty which binds his highness in example of his most noble progenitors to impart to his most loving subjects such honour and dignities as their merits and virtuous acts in great services and of profitable offices to his majesty and the common good justly requires, to the end that not only by gratification of his well affectionate subjects they might continue their ardour and affection in well, but also that through their example the noble hearts of his well qualified subjects may, in time coming, through hope of a worthy remuneration, be more prompt and desirous to serve his highness and his successors, to the advancement of the commonwealth wherein they were born and nourished. And herewith his majesty, perfectly understanding that his highness's right trusty and well-beloved cousin James, now marquis of Hamilton, is nearly descended of his majesty's blood, and that the late James [Stewart], duke of Chatelherault, his grandfather, had the government and rule of the realm of Scotland during the age pupillary of [Mary], his majesty's late dearest mother, and that he faithfully and truly discharged the duty of his office to the well of the realm and subjects thereof, and that for the defence of the liberty of the said realm (then troubled by strangers) the duchy of Chatelherault, the rent whereof surmounting by year 30,000 franks wherein he was heritably invested, was taken from him and his posterity by reason of his assistance given to the removing of the said strangers, foreigners, out of this realm; and also his majesty, understanding his most constant and well affectionate abiding with his highness's late dearest mother foresaid in many of the troubles and afflictions wherein she fell, to his great damage and hurt by the banishment of himself and his bairns, the want of his rents and living for many years, beside the loss of the lives of a great number of his honourable friends in defence of her majesty's quarrel; and likewise his majesty, considering the promptitude and readiness of the late John [Hamilton], marquis of Hamilton, father to the said James, now marquis of Hamilton, to his service at all times as he was required not only as a private person, but also in many and diverse commissions of lieutenancy given to him at diverse times 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 arise within the realm, and as far as in him lay to unite all his majesty's subjects to his highness's obedience, in the which service he so respected his duty to his majesty and to the well of the realm that he left nothing undone on his part for the advancement thereof, without regard had to the kinsmen of the nobility, his near kinsmen, whereof his majesty had good proof and experience by his faithful and careful attendance upon his majesty's secret person at diverse perilous times in the fields; and his majesty, calling to mind the many promises made by his highness, not only in the word of a prince to the said late John, marquis of Hamilton to remunerate the said services as occasion shall be offered, but also by his majesty's letters, all written with his highness's hand direct to the said marquis to that effect, and by his highness's infeftment under the great seal given to the said marquis of the lands, lordship, barony, living and regality of Arbroath as the same bears, and now willing to acquit the said service in the person and in favour of the said James, now marquis of Hamilton, his father being prevented by death, by such gratification and memory as is presently possible, and with least hurt to his highness's crown of Scotland and patrimony thereof, and his majesty having now by special instructions proposed to the said estates of parliament the said great services, acts and honourable deeds done to his majesty and to his said late dearest mother and to the well of the realm in particular by the said late James, duke of Chatelherault, and the late John, marquis of Hamilton, his son, whereupon the said estates have taken full trial and verification and they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be and to have been great, evident and reasonable causes for the well of his majesty and of his said realm of Scotland. And also his majesty and estates foresaid find, decree and declare that his highness, with their advice and consent, may for the said reasonable causes, which they have known and tried to be for the evident well of his majesty and realm as said is, alienate and convey any part of the lands annexed to the crown to the said James, now marquis of Hamilton, his heirs and successors heritably, to be held in such manner and for such service as his majesty pleases; and to that effect that the annexation of those lands to the crown which are to be alienated and conveyed shall be simply dissolved from the crown forever, that the same may be alienated and conveyed to the said James, now marquis of Hamilton, his male heirs and successors. And the said estates, being ripely and gravely advised what his majesty may alienate and convey with least detriment to his yearly rent and crown, the said estates, all in one voice, have found and declared and, by the tenor hereof, find and declare that the temporality, property and superiority with the feu ferms and pertinents of the monastery†of Arbroath, being in his majesty's hands by the general annexation of the whole kirk lands of the realm of Scotland to the crown, together with the spirituality of the said abbacy, being in his majesty's hands by demission and resignation made thereof by the abbot and convent of the same, their lawful procuratories and letters patent, as the said demission bears, may with least detriment to his majesty or hurt to the rent and patrimony of the crown of Scotland, for the evident causes above-written, be conveyed to the said James, marquis of Hamilton, his male heirs and successors heritably in most ample form. And, therefore, the said estates of parliament find it necessary and expedient that his majesty, by his highness's infeftment to be made with advice of his majesty's ordinary officers, shall erect, unite, create and incorporate all and sundry the lands, baronies, annualrents, mills, woods, fishings and others whatsoever pertaining to the said abbacy of Arbroath, by their names, in special, wherever the same lie within this realm of Scotland, together with the whole spirituality of the said abbacy, kirks, teind sheaves and other teinds, fruits, rents and emoluments pertaining and belonging thereto, in a whole and free lordship and barony and estate of a lordship of his highness's parliament, and that the same lordship and barony, with all privileges and commodities pertaining thereto, together with the honour, dignity and estate of a lord of his majesty's parliament, with the addition of such badge and arms as the said James, marquis of Hamilton shall think expedient, shall be alienated and conveyed for the causes foresaid to the said marquis, his heirs and successors heritably, to be held of his majesty and his successors in free lordship and barony with the honour and dignity of a lord of parliament for ever. And to that effect his majesty and estates foresaid of this present parliament dissolve, annul and infringe the said general annexation of the kirk lands of this realm of Scotland to the crown in as far as it may be extended to the said temporality of the said abbacy of Arbroath only, and ordain the infeftment to be made hereupon to be extended in most ample form, bearing an union and incorporation of all the particulars in a whole and free lordship and barony, with a special remit and discharge, with consent of [Master John Preston of Penicuik], collector general, of the whole thirds of the said abbacy of Arbroath, as well victual as money, because his majesty will be relieved and discharged of the sustentation of the ministry of the kirks thereof, and also to bear and contain provision that the said lordship shall pay all taxations in time coming with the temporal lords of the realm for the said temporality, accounting the said lordship to two hundred pound land of old extent, and of new extent to six hundred pound land; and that the said marquis, his male heirs and successor lords of the said lordship shall have their relief of the said taxations off the heritable tenants of the said lands after the rate and quantity of their lands so often as the said taxations shall occur, and with express power to the said marquis, his heirs and successor lords of the said lordship to retreat and reduce whatsoever infeftments, rights and titles of any part of the said lands, teinds and others pertaining to the said lordship for whatsoever causes competent of the law with all other clauses and provisions which shall be needful for the said marquis and his heirs foresaid for possessing of the said lordship and barony. And to the effect foresaid, his majesty and estates of parliament have suppressed and extinguished the memory of the said abbacy of Arbroath that there shall be no successor provided thereto, nor no further mention made of the same in any time hereafter, and to the said alienation and disposition now as if it was already made and perfected, and then as now, his majesty and the said estates of parliament have interposed and interpose their consent and authority as that deed which is now and shall be in all times hereafter esteemed and judged for the well of our said sovereign lord and for an evident profit and commodity to his crown and realm of Scotland for ever, reserving and excepting always out of this present act and erection foresaid all regality and all privileges thereof possessed by the abbots and titulars of Arbroath of before, to remain with our sovereign lord, his highness's successors and their crown inseparably in all time hereafter.
[1605/6/99]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering and perfectly understanding the good, true and thankful service done by his majesty's right trusty cousin Hugh, lord Loudoun, not only in his highness's private and particular affairs since his majesty's infancy, but also in the public affairs of this realm, greatly tending to the common welfare, peace and tranquillity thereof and lieges of the same, and specially in apprehending of a great number of his majesty's rebels and broken men, oppressors and committers of heinous and great crimes within the bounds of the sheriffdom of Ayr, where the said Hugh, lord Loudoun makes his residence, and other parts thereabouts, and in the repressing of the insolence of the said rebels and broken men and conforming them to the obedience of his majesty's authority and laws of this realm many years before his majesty's preferment to the crowns of England, France and Ireland. And likewise his majesty and estates foresaid, having consideration of the good, true and thankful service done by the said Hugh, lord Loudoun, tending to the honour and advancement of his majesty and estates foresaid and this realm of Scotland since his highness's preferment to the said crowns of England, France and Ireland, in attending upon his majesty and conveying of his highness to the city of London and there remaining until his majesty's coronation and a long space thereafter, wherein the said Hugh, lord Loudoun has disbursed and sustained great charges and expenses, known to his majesty and estates foresaid, whereof as yet he has received no recompense, which service is sufficiently tried, verified and known to his highness and whole estates of this present parliament to have been very profitable to his highness, this realm of Scotland and lieges thereof; in recompense whereof, our said sovereign lord and estates of this present parliament have dissolved and, by this present act, dissolve all and whole the lands, lordship and baronies of Kylesmuir and Barmuir, with castles, towers, fortalices, manor places, yards, orchards, houses, buildings, mills, multures, woods, fishings, tenants, tenancies, service of free tenants, feu ferms, annexes, connexes, dependencies, parts, pendicles and pertinents of the same whatsoever, lying within the bailiary of Kylestewart and sheriffdom of Ayr, from the act of annexation made upon 29 July 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown, together with the parish kirk of Mauchline, parsonage and vicarage thereof, with all and sundry teind sheaves, other teinds, fruits, rents, emoluments and duties pertaining and belonging thereto, lying within the bailiary and sheriffdom foresaid, from the abbacy of Melrose and benefice thereof, to which the same pertains and pertained of old as a part of the patrimony thereof, to the effect that his majesty may give, grant and convey to the said Hugh, lord Loudoun and his male heirs lawfully procreated or to be procreated of his body, which failing to his nearest and lawful male heirs whatsoever bearing the surname and arms of Campbell heritably, all and sundry the foresaid lands, lordship and baronies of Kylesmuir and Barmuir above-written, with castles, towers, fortalices, manor places, yards, orchards, houses, buildings, mills, multures, woods, fishings, tenants, tenancies and service of free tenants, feu ferms, annexes, connexes, dependencies, parts, pendicles and pertinents of the same whatsoever, with all and sundry teind sheaves, other teinds, fruits, rents and emoluments whatsoever pertaining and belonging to the said parsonage and vicarage of the parish kirk of Mauchline, and all right, title, interest and claim of right which his majesty, his predecessors or successors had, has or in any way may have or claim thereto, or any part thereof, by any manner of way in time coming; and also to the effect the town of Mauchline may be erected in a free burgh of barony, to be called in all time coming the burgh of Mauchline, with a weekly market day upon Saturday and two free fairs yearly, and also to the effect his majesty may unite and incorporate all and sundry the lands, lordship, baronies, burgh of barony and others foresaid with all and sundry their castles, towers, fortalices, houses, buildings, mills, woods, fishings and other pertinents above-specified with the teind sheaves, other teinds, fruits, rents and emoluments of the said parish kirk of Mauchline, parsonage and vicarage thereof, in a whole and free temporal lordship and barony called and to be called the lordship and barony of Kylesmuir and Barmuir, ordaining the manor place of Mauchline to be the principal messuage of the said lordship and barony for a sasine to be taken thereat in all time coming; and likewise to the effect that the said Hugh, lord Loudoun and his male heirs may have full right and superiority of all and sundry the same lands, lordship, baronies, burgh of barony, mills, woods, fishings and teind sheaves, other teinds, annexes, connexes and others specially and generally foresaid, and that the feuars, tenants and tacksmen thereof may hold the same principally of the said Hugh, lord Loudoun and his foresaids in all time coming for the yearly payment of the duties and service contained in the infeftments, tacks and rights made to them thereupon; and to the effect his majesty may give and grant to the said Hugh, lord Loudoun and his above-written full right, action and interest for compelling of the said feuars and tenants to make payment of their yearly duties, and to observe and keep all other clauses contained in their said infeftments and tacks and to call for reduction thereof, for whatsoever cause or occasion competent of the law. And in like manner, to the effect the lands, lordship, baronies and others foresaid may never in any time hereafter be taxed amongst the kirk lands or kirk livings with the prelates or ecclesiastical, but that the same may be taxed according to the just value and rent thereof, and that the said Hugh, lord Loudoun and his foresaids may have their relief of the said taxations against the feuars, tacksmen, parishioners and possessors of the said lands and teinds according to the rate of the same, and as often as the said taxations shall occur, and that the foresaid lordship and barony may be judged and retoured in all brieves and services in time coming, and in the said taxations to the sum of £22 4s 5d and third part penny money of Scotland of old extent and to the triple value thereof, extending to £66 13s 4d of new extent only, to be held of our sovereign lord and his successors in free blench, free heritage, free lordship and free barony forever, paying for that yearly the said Hugh, lord Loudoun and his male heirs foresaid, to our said sovereign lord and his successors, the service of a free lord and baron in parliament with the sum of 100 merks usual money of this realm at the feast of Whitsunday [May/June] in name of blench ferm, and also paying yearly to the minister serving the cure at the said kirk of Mauchline, 40 bolls of oat meal and 300 merks money foresaid, at the terms used and wont, and furnishing bread and wine yearly to the celebration of the communion within the same kirk, and also freeing and relieving the said minister of all taxation and burdens whatsoever to be imposed upon the teinds and rents of the said kirk or for reparation thereof in all time coming only. And the said estates declare that the pension granted to Sir William Seton, brother-german to Alexander [Seton], earl of Dunfermline, chancellor, out of the said lands of Kylesmuir and Barmuir and teinds thereof shall in no way be prejudiced by this present act.
[1605/6/100]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having consideration of that act of parliament made in the 10th parliament held by his highness in the year of God 1585, and in the 11th act of the said parliament, containing diverse cautions and provisions tending to restrain beneficed persons from putting away of any part of their benefice, whereby their said benefices may be left in worse estate than the same was at their entry thereto, as the said act does at more length contain, have ratified and approved the said act in all the articles, heads and circumstances thereof, declaring the same to remain in full strength and to have the effect and force of a perpetual law and statute of parliament in all time coming with these additions: they are to say, that it shall in no way be permissible to any person provided, or to be provided, to a bishopric within this realm to convey or give in pension any part of the patrimony of his said bishopric which shall endure and last longer space than the giver of the said pension shall possess the said bishopric; and if it shall happen the said persons provided to the said bishoprics now, or in any time to come, to dismember any part of their said benefices or patrimony thereof, our sovereign lord and estates of parliament decree and declare all such facts and deeds to fall under the compass, peril and danger of dilapidation of benefices and to be an express type and kind of dilapidation. And by reason it has ever been found necessary in all times past that the feuing of lands, setting of tacks and doing of such other lawful deeds by whatsoever bishop or prelate within this realm, of any part of the patrimony of their said benefices, should have the consent of the most part of their chapter, without whose consent had and obtained to the said deeds in whole or the most part thereof was in no way permissible to the said prelates to do any of the said deeds, therefore the said estates, according to the written laws made relating thereto and custom perpetually observed in such cases of before, find and declare that no bishop within this realm may set in feu, tack or otherwise, nor do any other deed in the conveying of any part of the patrimony of their said bishoprics, without the advice, consent and assent of their chapters, or the greatest number of them, duly procured and obtained thereto, in the purchasing of whose consent it shall in no way be requisite to have their said chapters convened (but the said deeds being otherwise lawfully done and subscribed by the most part of the said chapter), the not meeting and convening in full chapter at the time of the making of the said rights and subscribing thereof shall furnish no ground whereupon the said facts and deeds may be quarrelled or the said rights and titles impugned or annulled through the cause or occasion foresaid; which chapters decree and declare to remain now, and in all time coming, according to the foundations of the said bishoprics and as have been in time bygone, without any kind of alteration to be made therein, excepting always the chapter of the archbishopric of St Andrews, the† alteration whereof (which is made in manner underwritten) necessarily proceeds in that the same, consisting of before of the priory of St Andrews, is suppressed by the new erection of the said priory, whereby the said chapter ceases; and therefore the said estates have declared, and declare, that the chapter of St Andrews hereafter shall consist of this number of persons following, namely: of seven persons of the ministry dwelling and having their charge within his diocese of St Andrews, to be elected and nominated by the said archbishop himself, to be perpetual convent and chapter of the said archbishopric in all time coming, and after the decease or removing of any one or more of them from their present places and function within his said diocese, the entrant succeeding in that place and charge to succeed also in that said room of the chapter and convent, reserving always to the said archbishop and his successors their ancient privileges, that the common seal of the said chapter to be made of new by their own advice, shall serve for their consents without their subscriptions. And further, the said estates find and determine that the present common seal of the said chapter, being appended to the evidents or rights whatsoever already made and granted by the said archbishop, has been, and shall be in all time coming, a sufficient and perfect consent of the chapter and as effectual for securing of the vassals and tenant receivers of the said rights as the same has been in any time of before, and so to endure in force hereafter for consent of the said chapter until the election of the said new chapter and making of the said new common seal. Moreover, our said sovereign lord and estates of parliament find and declare that it is, and shall be, permissible to the said archbishops, bishops and their successors to set as many tacks of the fruits and duties pertaining to their said benefices, either short or long tacks as they please and for as many years as they shall think expedient, which may subsist of the law, in doing whereof the said estates will make no restraint or limitation of time to the said bishops, and by reason that the duties of the said tacks to be set by the persons provided to the said bishoprics are to be applied and converted for satisfaction and maintenance of the ministers serving the cure of the kirks of the said bishoprics and for supply of a part of their stipends to be given to them, therefore the said estates ordain the said bishops to have a careful regard that the said tacks be set for a competent duty, which may in some reasonable proportion answering to that which is set in tack be more fit to supply a part of the said ministers' stipends, which duties of the said tacks, and also the stipends which shall be provided to the ministers serving at the kirks of every bishopric, shall be in all time coming reputed as a part of the rental of the said bishoprics, which rental shall in no way be hurt, spoiled or diminished by the titular of the said bishopric in any time to come. And to the effect that the ministers of the said kirks may be the more certainly provided and the rental of bishoprics may be made (which shall not be altered as said is), ordain all archbishops and bishops who are already provided, or shall be provided in time to come, to make a sufficient rental of the patrimony of each bishopric and to give in the same to the clerk register and his deputes, to remain in his register for future memory; and that within the space of a year after the date of this present act, under the pain of 1,000 merks to be paid by the person who shall fail in giving of the said rental within the space foresaid to [Master John Preston of Penicuik], our sovereign lord's collector general, of the which sum the said collector shall be held to make account and reckoning to the auditors of his highness's exchequer. Likewise it is provided that it shall in no way be permissible to the said archbishops or bishops to hurt or diminish any part of the said rental to be given in by them as said is, which will consist chiefly of the quantity of victual and silver which shall be provided to the said ministers for their stipends for serving the cures of the kirks of the said bishoprics as said is, but the said rental shall remain in the own integrity in all time coming, to the effect the said ministers and their successors serving at the kirks of the said bishoprics as said is may be assured of certain local stipends for their said service, not to be subject to the many changes and alterations with which frequently they have been troubled in times preceding. And last of all, because that the rental to be given in of the said bishoprics will consist and be made up partly of the duties of the said tacks to be set as said is, and that the certainty of the said local stipends stands in the giving up of the said rentals, which our said sovereign lord and estates ordain to be done with all goodly diligence within the time prescribed thereto, that the ministers serving the kirks be not frustrated or disappointed of due satisfaction and recompense for their travails taken in service foresaid, and that they may be put in certainty thereof in time to come, wherein the evident well and profit of the kirk does appear and manifest the self; and for that cause order is given and form prescribed for setting of tacks as the preceding articles of this act purport, through which that whatsoever acts and constitutions made by any either civil or ecclesiastic judge tending to the prohibition and restraint of setting of lawful tacks by any beneficed person ought to be annulled, seeing the said acts and constitutions which were made upon any preconceived fear of any lack or want of maintenance for sustentation of the kirk or upon any other ground are now clearly satisfied by the careful regard which his majesty and estates of this parliament have always had to the advancement of the kirk and to the certain provision of the ministry thereof, with constant stipends, a work very necessary and to be furthered and completed by the present bishops and to whose cares and travails our said sovereign lord and the said estates have recommended and commit to give order in the certain provision of the ministry serving at the kirks of their said bishoprics with competent, reasonable stipends answerable and agreeable for their travails and sustentation. And, therefore, our said sovereign lord and estates foresaid statute, decree and declare all and whatsoever acts, laws, statutes, ordinances and constitutions ecclesiastic or civil which are already made in time bygone, or shall happen to be made in time to come, whereby any beneficed person within this realm are prohibited and discharged to set any tacks of teinds (which may subsist of the law) and which acts and ordinances may directly or indirectly seem to infringe and annul the said tacks lawfully set as said is, or to inflict any pain or punishment upon the setters thereof, to be altogether null and of no value and to have no strength, force, nor effect now and in all time coming in the same way as if the same had never been made, which and all other acts, ordinances and constitutions to be made regarding the premises, and which may tend to the like end in any time to come, our said sovereign lord and estates discharge simply and for ever.
[1605/6/101]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, remembering the good, true and thankful service done by his majesty's trusty and familiar servant John Murray, groom of his majesty's bedchamber, in continual attendance upon his majesty's secret person, wherein he has behaved himself most faithfully and dutifully as is commonly and well known to the said estates; therefore, our said sovereign lord and estates of this present parliament dissolve all and sundry the lands, baronies, towers, fortalices, manor places, mills, multures, woods, fishings, annualrents, kanes, customs, casualties, emoluments and duties whatsoever of the temporality of the abbacy of Dundrennan from the act of annexation made in his highness's parliament held at Edinburgh, 29 July 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown, with the precinct, monastery and manor place of Dundrennan from the said abbacy of Dundrennan and benefice thereof, to which the same pertains and pertained of old, together with the whole spirituality of the kirks of the same abbacy, namely: the kirks of Dundrennan, alias Rerrick, and Kirkmabreck, with all and sundry teind sheaves, other teinds, fruits, rents, profits, revenues, emoluments and duties whatsoever pertaining and belonging thereto; and that the said estates of parliament find it necessary and expedient that his majesty, by his highness's infeftment to be made with advice of his majesty's ordinary officers, shall give, grant and convey to the said John Murray and his male heirs and assignees whatsoever, all and sundry the said lands, baronies, towers, fortalices, manor places, mills, multures, woods, fishings, annualrents, kanes, customs, casualties, emoluments and duties whatsoever of the temporality of the said abbacy, kirks of Dundrennan and Kirkmabreck, teind sheaves thereof, other teinds, fruits, rents, profits and emoluments pertaining thereto, with all right, title, interest and claim of right which his majesty, his predecessors and successors had, has or in any way may have or claim thereto, or any part thereof by any manner of way in time coming, to be erected, united, made, created and incorporated in all and whole a free barony, to be called in all time coming the barony of Dundrennan, and ordain the manor place of Dundrennan to be the principal messuage of the said whole barony of Dundrennan for taking sasine thereat in all time coming. And likewise, the said estates suppress and extinguish perpetually in all time coming the said abbey and monastery of Dundrennan, and declare no person, nor persons to be provided thereto in any time coming hereafter; and ordain an infeftment to be passed under his highness's great seal hereupon, to be held of our said sovereign lord and his successors in free blench, free heritage and free barony forever, giving for that yearly the said John Murray and his foresaids to our said sovereign lord and his successors the sum of £40 usual money of this realm of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm only, with a special remit and discharge, with consent of [Master John Preston of Penicuik], collector general, of the whole thirds of the said abbacy of Dundrennan, as well victual as money, and of the whole monks' portions of the same abbacy, because his majesty will be relieved and discharged of the sustentation of the ministry of the kirks thereof, and also declaring all pensions conveyed out of the thirds of the said abbacy in any time bygone to be null in all time coming. And our said sovereign lord and estates of parliament have interposed and interpose their consent and authority to the said disposition and to the infeftment to follow thereupon, now as if it were already made and perfected and then as now, as that deed which is now and shall be in all times hereafter esteemed and judged for the well of our said sovereign lord and for an evident profit and commodity to his crown and realm of Scotland for ever.
[1605/6/102]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament has ratified and approved and, by the tenor hereof, for his highness and his successors, ratifies, approves and perpetually confirms the letters of pension of the date at Whitehall and Edinburgh respectively, 1 and 17 May 1606, made, given and granted by our said sovereign lord, with express advice, consent and assent of Master John Preston of Fenton Barns, his majesty's collector general and treasurer of his highness's new augmentations, to Master Archibald Moncrieff, minister at Abernethy, during all the days of his lifetime, of all and whole the sum of £466 13s 4d money of this realm of Scotland yearly to be uplifted at two terms of payment used and wont out of the abbacy, lordship and barony of Fearn, teind fruits, rents, emoluments and other duties thereof, with the decreet of the lords of council interposed thereto, in all and sundry heads, points, clauses, articles, circumstances and conditions thereof, so far as the said pension and decreet extends or may be extended to the said Master Archibald Moncrieff himself during his own lifetime only; and finds, decrees and declares the foresaid letter of pension to be a valid, lawful and sufficient right to the said Master Archibald for possessing and enjoying of the said yearly pension during all the days of his own lifetime only, notwithstanding whatsoever statute or constitution of parliament made at any time of before, to the which whole acts and constitutions, by the which the said pension in any way during the said Master Archibald's lifetime may be impugned, this present act shall make and makes express derogation, so that the said Master Archibald during his lifetime shall peaceably possess and enjoy the said yearly pension in the same way and as freely in all respects as if the foresaid letter of pension were specially reserved and excepted out of the said whole acts, statutes or constitutions of parliament made at any time of before, which in any sort may appear to be hurtful and prejudicial to the said letter of pension during the lifetime of the said Master Archibald only.
[1605/6/103]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that his majesty, for the zeal he has to the glory of God and propagation of Christ's blessed evangel, has, by his highness's charter under the great seal, made with advice of his highness's officers of state, disunited and dissolved all and sundry the teind sheaves and other teinds, both great and small, as well of the parsonage as vicarage, and whole fruits of the parish kirk of Borthwick, towns, lands and mills within the parish thereof, and also the prebendaries of Arniston, Middleton, first and second prebendary of Vogrie, and two clerks to serve in the divines within the college kirk of Crichton, a yearly rent for their sustentation founded of old within the said college kirk of Crichton and whole vicarage of Borthwick, fruits, rents, manse and glebe thereof, from the said other kirk of Crichton to the which the same was founded and annexed of before, and has united, erected and incorporated the same in a several and distinct benefice of the said parish kirk of Borthwick, to be called the parsonage of Borthwick, and to be a yearly rent and stipend to the minister serving the cure thereat in all time coming, as the said charter of the date 4 April 1596 at more length purports; which charter of erection and incorporation his majesty and estates foresaid and whole body of this present parliament have ratified and approved, and ratify and approve in all and sundry the heads, clauses, articles and circumstances thereof, with all that has followed, or that may follow thereupon after the form and tenor of the same in all points; and also will and grant that this general ratification is, and shall be, as good, valid and effectual in all respects as if the same and every particular clause thereof were herein specially and expressly mentioned or inserted; and decree and declare that the erection and incorporation of the teinds of the said parish kirk of Borthwick and prebendary above-written, which was of before a pertinent and part of the said college kirk of Crichton, and is now erected in a several and distinct parsonage, to be called the parsonage of Borthwick in all time coming, is and shall be as valid and sufficient in all respects as if the said union, erection and incorporation had been passed and completed by the consent of the patron, titulars and prebendaries of the same, and that the want of the consent of the said patron, titulars and prebendaries shall in no way derogate, nor be prejudicial thereto, notwithstanding whatsoever law, act or constitution made in the contrary under the which the said erection and incorporation shall in no way be comprehended, but specially excepted and reserved out of the same. Moreover his majesty and estates foresaid, for the causes above-written, by the tenor of this ratification, of new disunite and dissolve the said teind sheaves and other teinds, great and small, and whole fruits of the parish kirk foresaid, prebendaries and others respectively above-written, and erects the same in a several and distinct parsonage to be called the parsonage of Borthwick in all time coming, and decree and ordain the same union, erection and incorporation of the parsonage foresaid to stand and abide perpetually in all time coming, and the parsons provided, or to be provided thereto, by his highness and his successors to have as good right to the teinds, both great and small, fruits, rents, emoluments and duties whatsoever of the said parsonage of Borthwick as if the same had been a several and distinct parsonage from the beginning, without prejudice of the particular prebendaries' provisions yet alive, who were provided to the said benefices before the month of April 1596, for their lifetimes only.