[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.
[1605/6/50]*[print] [email] [cite] [preceding] [following]
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.
[1605/6/51]*[print] [email] [cite] [preceding] [following]
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.