[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.
[1605/6/104]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that his majesty, upon good considerations moving his highness, by his charter under the great seal, has given, granted and conveyed to Master Laurence Gordon, commendator of Glenluce, his male heirs and assignees whatsoever, all and whole the place and monastery of Glenluce, with all and sundry houses, mansions, dovecots, yards and orchards thereof, as well within the precinct as outwith, and also all and whole the burgh of barony and town of Ballinglache, with the burgh lands, tenements, houses, markets, fairs and privileges thereof, with the kirk of Glenluce, parsonage and vicarage of the same, with the chaplainry of our lady and Christ's chapels, with all the teind sheaves and other teinds pertaining thereto, and also all and sundry the crofts and fishings pertaining of old to the said abbacy of Glenluce and benefice thereof, as the said charter made and granted thereupon, wherein our said sovereign lord, by his highness's princely word, has faithfully promised to cause the same charter be ratified and approved by a special act of parliament, at more length purports; therefore, and for fulfilling of his majesty's princely promise foresaid, his highness and estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve the charter and infeftment above-specified in all and sundry heads, articles, circumstances and provisions thereof, after the form and tenor of the same in all points, with the sasine and all that has followed, or that may follow thereupon, providing always that the said Master Laurence Gordon, his male heirs and assignees satisfy the present minister of Glenluce and his successor ministers thereof in all time coming, of a sufficient stipend out of the readiest teinds of the said parsonage and vicarage of Glenluce according and according to an act and ordinance made in this present parliament relating thereto. Excepting always out of this said infeftment and ratification thereof all regalities, if ever any were granted to the said abbacy of Glenluce, and declare the same regalities to remain with our said sovereign lord and his highness's successors inseparably from his highness's crown forever, notwithstanding of the said infeftment granted to the said Master Laurence Gordon, his male heirs and assignees foresaid, and this present ratification thereof in parliament.
[1605/6/105]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the good, true and thankful services in many ways done to his highness by David, lord Scone, his grace's comptroller, and for other great, reasonable, profitable and evident causes commonly known by the said estates, have dissolved and, by the tenor of this present act, dissolve from his highness's crown and patrimony thereof and from all annexations made thereto of before, and also from the abbacy of Scone and patrimony of the same simply and for ever, all and sundry the lands, baronies, mansions, manor places, yards, orchards, mills, multures, woods, parks, fishings, lochs, isles, inches, haughs, meadows, muirs, mosses, coals, coal pits, annualrents and others whatsoever of the temporality of the abbacy of Scone, with parts, pendicles and pertinents, tenants, tenancies and service of free tenants, superiorities, yearly feu ferms, kanes, customs and duties thereof, teind pennies, jurisdiction, privileges and immunities of the same, and also all and sundry the kirks, chaplainries and altarages of the said abbacy with all teind sheaves, other teinds, fruits and rents belonging to the said abbacy and monastery of Scone, as well to the spirituality as temporality thereof, and monks' portions of the same, or were possessed by the abbots and commendators thereof respectively for the time as their property or patrimony of the same, both two part and third part thereof, and which thereafter pertained to our said sovereign lord by virtue of whatsoever acts of annexation, special or general, by reason of forfeiture or whatsoever other manner of way. And the said estates declare it shall be permissible to our said sovereign lord to alienate, give, grant and convey the same to the said David, lord Scone and to his male heirs lawfully procreated, or to be procreated, of his body, which failing to Andrew Murray of Balvaird and his male heirs lawfully procreated, or to be procreated, of his body, heritably, and for the erection of the same to them in a whole and free temporal lordship and barony called, and to be called in all time coming, the lordship and barony of Scone, to be held of his highness and his successors in free heritage, free lordship and barony forever for the yearly payment to his highness for that of £1,000 usual money of Scotland at the term of Whitsunday [May/June] in name of blench ferm only. And therewith the ministers of all and sundry parish kirks of the said abbacy being provided of reasonable yearly stipends and rents to be paid to them out of the teinds, fruits and duties of the said kirks respectively, and also to have the manses and glebes pertaining thereto, according to the acts of parliament made relating thereto, together with the small teinds of the vicarages of the same kirks for their sustentations, and to that effect our said sovereign lord and estates foresaid dissolve, suppress and abolish the foresaid abbey and monastery of Scone, memory and name thereof, with the whole orders, institutions and foundations of the same simply and for ever, reserving and excepting always out of this present act and erection foresaid all regalities and all privileges thereof possessed by the abbots and titulars of Scone of before, to remain with our sovereign lord and his highness's successors and their crown inseparably in all time hereafter.
[1605/6/106]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, for many great and weighty causes, for his highness and his successors, ratifies, approves and perpetually confirms the charter made and granted by his highness under the great seal to his right trusty cousin and councillor James, styled then master of Paisley and now lord Abercorn, his male heirs and assignees whatsoever heritably, of all and sundry the lands and barony of Abercorn contained in the said charter, with the advocation, donation and right of patronage of all and whole the rectory and vicarage of the parish kirk and parish of Abercorn, with all and sundry lands, teind fruits, rents, profits, emoluments and duties whatsoever pertaining thereto, together with all privileges, liberties and commodities thereof, together also with the office of sheriffship of Linlithgow and all and sundry other lands, offices, privileges, liberties and others whatsoever generally and specially comprehended in the same charter, as the said charter of the date at Holyroodhouse, 5 April 1603 in the self at more length purports, in all and sundry heads, points, clauses, articles, circumstances, provisions and conditions mentioned and contained in the foresaid charter, with the precept and instrument of sasine following thereupon; and finds, decrees and declares the foresaid charter, precept and instrument of sasine, with the rights and securities made of before to the said James, lord Abercorn, his predecessors and authors from whom his right proceeds, to be perfect, lawful, valid, good and sufficient rights to the said James, lord Abercorn and his foresaids, for possessing and enjoying perpetually in all time coming, of all and sundry the lands, barony, right of patronage, offices, privileges and others whatsoever, as well generally as specially comprehended in the same charter, and that notwithstanding whatsoever acts, statutes or constitutions of parliament made in this present parliament at any time of before or to be made hereafter, which shall in no way be hurtful, nor prejudicial to the forenamed charter, precept and instrument of sasine following thereupon, nor make derogation thereto in any sort; and that the foresaid charter, precept and instrument of sasine granted to the said James, lord Abercorn shall stand and remain in all time coming in the own strength, force and effect and that this present confirmation and ratification thereof is, and shall be, as valid as if the infeftments of the said lands, offices, right of patronage and others generally and specially before rehearsed made to his authors and predecessors thereof had been lawfully and duly confirmed in parliament of before. And also, our said sovereign lord, with advice foresaid, wills and declares this present ratification and confirmation to be of as great force, strength and effect as if the foresaid charter were word by word engrossed and inserted herein, concerning which our said sovereign lord, with advice foresaid, by this ratification dispenses.
[1605/6/107]*[print] [email] [cite] [preceding] [following]
Whereas in the parliament held in the month of July 1606 a special act of ratification was passed and completed in favour of James [Hamilton], now earl of Abercorn, of his infeftment of the lands and barony of Abercorn, with the advocation, donation and right of patronage of the parsonage and vicarage of Abercorn, as the said act at more length bears, wherein a special restriction was passed that the act of parliament should remain unbooked or extracted until it should be cleared to us (who were by the estates appointed commissioners for that effect) that the said kirk of Abercorn was provided of a sufficient stipend for maintenance of the minister serving the cure at the same, and finding that the present minister has assigned to him for the parsonage of Abercorn 250 merks money, a chalder of meal, eight bolls of barley to be paid by the tacksmen and parishioners of Abercorn, with £10 money out of Tullylumb, with the vicarage of the said kirk, for his yearly stipend, therefore we declare the said kirk to be sufficiently provided of maintenance and ordain the same act of ratification to be inserted and extracted as shall be required. It is thus subscribed, Al[exander Seton, earl of Dunfermline], chancellor, [George Gledstanes, archbishop of] St Andrews, [John Spottiswood, archbishop of] Glasgow, Jo[hn] Preston [of Fenton Barns], Ja[mes Law], bishop of Orkney, S[ir] T[homas] Hamilton [of Monkland], [David Lindsay, bishop of] Ross, J[ohn] Cockburn [of Ormiston].
[1605/6/108]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having considered the good, true and thankful services done and performed to his majesty by his highness's domestic servants James Maxwell, one of the gentlemen ushers, and Robert Douglas, one of the equerries to his highness's dearest son, the prince, and for other grave, weighty and profitable evident causes of this the realm of Scotland concerning the honour, welfare, peace and tranquillity thereof, well advised, tried maturely, considered and approved by his majesty and estates foresaid, and by their decreet of this present parliament have thought fit, concluded, statute and ordained that a charter and infeftment under the great seal in most ample form shall be completed and granted by his highness and officers of state to, and in favour of, the said James Maxwell and Robert Douglas conjointly and equally between them, and to their male heirs and assignees whatsoever heritably, of all and sundry the lands underwritten, of before called the debatable lands, namely: the lands of Tarrasfoot, Mumbyhirst, Broumsheilhill, Watleyhirst, Bankhead, Menmeirburne, Harelaw and Harelaw Wood, Rowanburn, Woodhead, Thorniewhats, Waberhillis, Barresknowis, Woodhouselees, Hoilhous, Torcune, Broumsheilburne, Auchenrivock, lying within the parish of Canonbie, and of the lands of Glunyeart, Morton and Barnegleis, lying within the parish of Morton, with all and sundry the manor places, houses, buildings, yards, orchards, mills, multures, woods, fishings, dovecots, cuningars, tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents of the same whatsoever, all lying within the sheriffdom of Dumfries, and to be united, annexed, erected and incorporated in a whole and free barony to be called in all time coming the barony of Tarras, to be held of our said sovereign lord and his successors in free blench for payment of a pair of gilt spurs in name of blench ferm on the ground of the lands foresaid yearly at the feast of Whitsunday [May/June], if it be asked, only, and the said infeftment to be as largely extended and to contain as ample clauses, liberties and privileges as may be devised by the said James and Robert for their securities relating thereto, and that has been granted in favour of any baron upon whatsoever other barony within this realm.And if either it has or may be tried or estimated that the foresaid lands or any part thereof have been of the annexed property at any time heretofore, our said sovereign lord and estates foresaid have, for the causes and considerations above-written, dissolved and, by this ratification, dissolve the foresaid lands and all their pertinents from the crown and from all annexations thereof, either special or general, to the effect and for granting and expending of the infeftment thereof above-written to and in favour of the said James and Robert and their foresaids and for their greater and more large security of the said lands. And further, our said sovereign lord and estates foresaid, now as if the said infeftment were made and passed and then as now, ratify and approve the same charter and infeftment in all and every head, clause, circumstance and condition thereof, decreeing and ordaining the same, with the precept and sasine to follow thereupon, to be good, valid, effectual and sufficient rights, titles and securities to the said James and Robert and their foresaids, to hold, enjoy, possess and use the forenamed lands and others above-written with all the privileges, liberties and immunities to be contained in the said infeftment, notwithstanding whatsoever law, act, statute and ordinance made, or to be made in the contrary, to which this ratification shall make express derogation.
[1605/6/109]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having consideration that the rents and yearly profits of the archbishopric of Glasgow are greatly exhausted by feus, pensions and otherwise, and that for supply thereof his highness was pleased to provide John [Spottiswood], now archbishop of Glasgow, to the parsonage and vicarage of the same and to the whole fruits, rents, duties, emoluments and casualties belonging thereto during his lifetime, for diverse weighty causes and considerations moving his highness and estates foresaid, unites, annexes and incorporates the said parsonage and vicarage of Glasgow, with the whole fruits, rents, duties, emoluments and casualties of the same, to the said archbishopric of Glasgow, to remain therewith forever, inseparably, as a proper part and pertinent of the patrimony thereof, so that the provision made, or to be made, by his highness to the said John, now archbishop, and his successors of the said bishopric shall be, in all time coming, as valuable and sufficient to them for possessing, enjoying, uplifting and receiving the whole fruits, rents and emoluments of the said parsonage and vicarage of Glasgow, or otherwise using, setting and disposing the same as the said archbishop or any of his predecessors have possessed, enjoyed, uplifted, received and used any of the old and ancient rents and fruits annexed and incorporated to the said archbishopric by the former foundations in any time bygone. And to that effect his majesty, with advice of the said estates, dissolves the said benefices of the parsonage and vicarage of Glasgow from his highness's crown in so far as the same were several benefices by themselves, willing and ordaining the same to be and be esteemed a proper part and patrimony of the said archbishopric of Glasgow, and to be conjoined with the presentation of the said archbishopric in all time coming, without prejudice always of [Walter Stewart], lord Blantyre and his son's tacks of the parsonage and vicarage of Glasgow.
[1605/6/110]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of the parliament of Scotland presently convened, considering the manifold good, true and thankful services done to his majesty by his highness's right trusty and familiar councillor, Master John Bothwell of Aldhammer, one of the lords and senators of his majesty's college of justice, as well in his daily and continual attending in the secret council and session for the administration of justice to all his majesty's lieges, as in diverse and sundry other great, weighty and honourable services committed to his charge by his highness concerning the commonwealth of this realm of Scotland, wherein he has ever discharged himself most faithfully to his majesty's great honour and contentment and to the singular commodity and well of the realm of Scotland and lieges thereof; and his majesty, being always of mind and intention to remunerate his said faithful services as occasion shall offer with some token of his highness's favour, his majesty, having now by special instructions proposed to the said estates of parliament the said great and faithful services done to his highness and for the commonwealth of the realm of Scotland, in particular by his said right trusty and familiar councillor, and the said estates, having thereupon taken full trial and verification, 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 the said realm of Scotland; as also his highness and estates foresaid find, decree and declare that his majesty, with their advice and consent, may for the said causes which they have known and tried to be for the appropriate well of his majesty and realm as said is, give, alienate and convey any part of the lands annexed to his highness's crown to his said right trusty and familiar councillor, his heirs and assignees heritable, to be held in such manner and in such form as his majesty best pleases, and to that effect that annexation of the lands to the crown that are to be alienated and conveyed shall be simply dissolved from the crown so that they may be alienated and conveyed to his said highness's right trusty and familiar councillor and his heirs heritably. And the said estates, being ripely and gravely advised what his majesty may alienate and convey with least detriment to his highness's crown and yearly rent, 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 duties of all and sundry such lands, baronies, commons, pittance silver, annualrents and others, with the feu ferms and duties thereof, which pertained of old to the abbacy of Holyroodhouse as a part of the temporality thereof and were annexed to the crown by virtue of the general act of annexation of the whole kirk lands of the realm of Scotland to the crown in the parliament held at Edinburgh in the month of July 1587, now being in his majesty's hands by virtue of the said annexation, likewise the spirituality of the said abbacy containing the abbey place and monastery with the houses, buildings, yards and others lying within the precinct thereof, together with the teind sheaves and other teinds, fruits, rents, emoluments and duties, both parsonage and vicarage, of the parish kirks and parishes of Whitekirk, Liberton, Tranent, Crawford Lindsay, St Cuthberts and Holyroodhouse, which come under the general exception from the said annexation and pertained to John, commendator of the said abbacy of Holyroodhouse and convent thereof, as a part of the spirituality of the same, being now presently in his majesty's hands by demission and resignation made thereof by the said commendator and convent of the said abbey, their lawful procurators and letters patent, as the said demission bears, may, with least detriment to his majesty or hurt to the rent and revenue of the crown, for the appropriate causes above-written, be alienated and conveyed by his majesty to his said right trusty and familiar councillor and his heirs heritably in most ample form; and, therefore, the said estates of parliament find it necessary and expedient that our said sovereign lord, by his highness's infeftment to be made by the advice of his majesty's ordinary officers, shall erect, unite, create and incorporate all and sundry the lands, baronies, annualrents, precinct, commons, pittance silver and others pertaining to the said abbacy of Holyroodhouse as a part of the temporality thereof by their names in special wherever they lie within this realm of Scotland, and which were annexed to the crown by virtue of the foresaid general act of annexation, together with all and sundry the teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever, both parsonage and vicarage, of the foresaid kirks and parishes of Whitekirk, Liberton, Tranent, Crawford Lindsay, St Cuthberts and Holyroodhouse in a whole and free barony and estate of a lordship of his highness's parliament; and that the same, with all privileges and commodities pertaining thereto, together with the honour, dignity and estate of a lord of his majesty's parliament, with badge and arms, for the causes foresaid, shall be alienated and conveyed to his said highness's right trusty and familiar councillor, his heirs and successors heritably, to be held of his majesty and his successors in free barony and lordship with the honour and dignity of a lord of parliament forever. And to that effect his majesty and estates foresaid of parliament dissolve, annul and infringe the said general annexation of the kirk lands of this realm of Scotland to the crown in so far as it may be extended to any part of the temporality of the said abbacy of Holyroodhouse that may be comprehended under any part of the said annexation 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 barony and lordship with a special remit and discharge of the thirds of the said abbacy of Holyroodhouse, as well money as victual, together with all monks' portions, first year's fruits and fifth penny of the said abbacy and benefice thereof, because his majesty will be relieved and discharged of the sustentation of the ministers at the foresaid kirks, and also to bear and contain provision that the said lordship pay all taxations, with the temporal lords for the said temporality accounting the same to fifty pound land of old extent, and to have their relief of the heritable feuars, tenants and other tacksmen of the said lands and teinds after the rate and quantity of their lands and teinds so often as the said taxations shall occur, and with express power to them to reduce and retreat whatsoever infeftments, tacks, assedations, rights and titles of any part of the said lands, kirks and teinds for whatsoever cause competent of the law with all other clauses and provisions which shall be needful to them 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 Holyroodhouse so 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 were already made 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 appropriate profit and commodity to his crown and realm of Scotland, paying for that yearly the said Master John Bothwell, his heirs and successors to our said sovereign lord, his heirs and successors the sum of £200 money of Scotland at the feast of Whitsunday [May/June] in name of blench ferm, and also paying yearly to the ministers serving the cures at the kirks foresaid the particular stipends underwritten modified and appointed to them for serving the cures of the said kirks by the commissioners appointed for that effect, namely: to the minister serving the cure at the said kirk of Whitekirk, three chalders of victual, that is 10 bolls of wheat and 28 bolls of oats, with the charity, with the sum of 100 merks money, with vicarage, manse and glebe; to the minister serving the cure at the said kirk of Liberton, six chalders of victual, namely: one chalder of wheat, one chalder of barley, four chalders of oats, with vicarage, manse and glebe; to the minister serving the cure at the said kirk of Tranent, 200 merks money and three chalders of victual, namely: 12 bolls of wheat, 12 bolls of barley and 24 bolls of oats, with vicarage, manse and glebe; to the minister serving the cure at the said kirk of Crawford Lindsay, 400 merks money, with the glebe; to the minister serving the cure at the said kirk of St Cuthberts, seven chalders of victual, namely: one chalder of wheat, three chalders of barley and three chalders sufficient infield oats, with the vicarage, manse and glebe; and to the minister serving the cure at the said kirk of Holyroodhouse, 200 merks money and three chalders of victual, namely: one chalder of wheat, one chalder of barley, and one chalder of oats, with the charity.
[1605/6/111]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the contract and appointment made between James Sandlilands of Calder, lord Torphichen on the one part, and Master Robert Williamson, writer, and James Tennent of Linhouse on the other part, whereby the said Lord Torphichen has sold, alienated and conveyed to the said Master Robert Williamson and James Tennent, equally between them, all and sundry and whatsoever temple lands and tenements pertaining to the said Lord Torphichen either in property or tenancy, wherever they lie within the realm of Scotland, either in burgh or outwith burgh in landward, and which are or may be known to pertain, or to have pertained, to the said lordship of Torphichen at any time bygone preceding the date underwritten of the said contract, with tenants, tenancies, service of free tenants, privileges and immunities of the foresaid lands and tenements whatsoever righteously pertaining thereto, and which the said Lord Torphichen and his predecessors have enjoyed in any times past, or contained in the old infeftments of the same, with castles, towers, fortalices, houses, buildings, orchards, meadows, parks, mills, woods, fishings and all their pertinents wherever they lie within the realm of Scotland (excepting always as is excepted in the said contract), to be held of our said sovereign lord and his highness's successors from the said Lord Torphichen and his heirs by such manner of holding as may stand by the laws of this realm, and as they may procure of our said sovereign lord and his successors' hands, either in blench feu ferm or otherwise, and ratify and approve the whole points, heads, clauses, articles, privileges and conditions contained therein and after the form and tenor thereof in all points, of the date 9 November 1599, and registered in the books of council, 28 November 1600. And also the said estates of parliament ratify and approve the assignation and disposition made by the said James Tennent of Linhouse to the said Master Robert Williamson and his heirs of his part of the said contract, assigning and transferring his whole right and title thereof in the person of the said Master Robert and his foresaids, of the date 16 June 1604. And our said sovereign lord and estates of this present parliament, having consideration that the said temple lands are of small quantity and importance, lying dispersed throughout all the parts of this realm, and are, for the most part, conveyed of old to the possessors thereof for payment yearly of very small annuals and other duties, so that the expenses of the ingathering of the same will far surmount the whole yearly annuals and duties thereof, and also having consideration that the said Lord Torphichen has sundry baronies of land particularly mentioned in his infeftment of the said lordship of Torphichen, sufficient for payment to our said sovereign lord and his successors of his highness's feu duty of 500 merks due yearly for the said whole lordship of Torphichen in all times coming, as also that the said Lord Torphichen by the said contract has taken upon him and his heirs the payment of the said feu duty of 500 merks to his highness and his successors and to make the foresaid temple lands to be free thereof, therefore, and for good and thankful service done to his highness by the said Master Robert Williamson, who has acquired the whole right of the said temple lands to himself and his heirs in manner above-written, our said sovereign lord and estates of this present parliament have dissolved and dissolve the foresaid whole temple lands, annuals and feu duties thereof from the crown and patrimony thereof so far as the same temple lands, annuals and feu duties paid thereof have ever been annexed or were annexed to the patrimony of the crown, to the effect the same temple lands, feu duties and annuals may be conveyed by his highness to the said Master Robert Williamson, his heirs and assignees heritably, in all time coming; and for that effect, ordain a new infeftment to be made in due and competent form of the said temple lands and others above-written with all privileges and immunities belonging thereto, to the said Master Robert Williamson, his heirs and assignees, to be held of our sovereign lord and his highness's successors for payment of one penny in name of blench at Whitsunday [May/June], if it be asked, only, according to the tenor of the foresaid contract and the said Lord Torphichen and his predecessors' infeftments of the same temple lands and others above-written, privileges and immunities belonging thereto and contained in the former infeftments of the said lordship of Torphichen; the which infeftment of the said temple lands, with the privileges and immunities belonging thereto, and of all the pertinents thereof above-written, our said sovereign lord and estates foresaid, now as if the said infeftment of the said temple lands were passed to the said Master Robert Williamson and his foresaids and then as now, ratify and approve the said infeftment in the whole articles and clauses thereof after the form and tenor of the same in all points, to the effect he and his foresaids may possess and enjoy and convey thereupon as their heritage at their pleasure in all time coming; and this infeftment to be extended in ample form with all clauses necessary belonging thereto, renouncing all action that his majesty, his predecessors or successors had, has or may have against the same for whatsoever cause which may make either the infeftment granted to the said Lord Torphichen or his predecessors, or the said Master Robert Williamson's own infeftment following hereupon, invalid and ineffectual in themselves to and in favour of the said Master Robert Williamson, his heirs and assignees, as far as concerns the said temple lands and others foresaid contained in the said contract and other writs above-written.
[1605/6/112]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened ratify, approve and, for his highness and his successors, perpetually confirm the charter and infeftment made and granted by his majesty under the great seal to his beloved George Bruce of Carnock of all and whole the lands and barony of Carnock, with the parts, pendicles and pertinents of the same, with the advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk of Carnock, with the taxed ward therein contained, of the which infeftment the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that we, with the advice of our beloved familiar and councillor Lord George Home of Spott, knight, our treasurer, and of our familiar and councillor Master John Preston of Fenton Barns, treasurer of our new augmentations of the church lands of this realm of ours which have been annexed to our crown, have given, granted, conveyed and by this present charter of ours confirmed and by the wording of the same do give, grant, convey and by this present charter of ours confirm, in favour of our beloved George Bruce, joint tenant of Gellats, and any of his heirs and assignees, in heritage, whole and complete the lands and barony of Carnock particularly including, all and singly, the lands of Carnock and half of each of them, with their tower, fortalice, manor, houses, buildings, gardens, orchards, parks, meadows, forests, dovecotes, coals, coalworkings, grain mills, waulk mills, mill lands, multures, woods, fisheries, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies, services of freeholders and any of their pertinents wherever they lie on either side of the water, with their complete privileges, profits and advantages, lying within our sheriffdom of Fife. The foresaid lands and barony, with their pertinents, formerly belonged in heritage to our beloved kinsman John [Lindsay], lord Lindsay of the Byres, and he, with the express consent and assent of his mother Lady Euphemia Leslie, widow of the late James [Lindsay], lord Lindsay of the Byres, and with the consent of his wife Anne Oliphant, through their procurators lawfully constituted for this purpose and by their letters patent, surrendered them of his own accord into our hands, as if into the hands of their immediate lord superior, at Dunfermline, and resigned them, purely and simply, by stick and baston, and renounces in perpetuity all right and claim, property and possession which he had, has or could in any way at all have in future, in favour of the said George Bruce and of his heirs and assignees, in return for this new charter and infeftment of ours, to be given and completed in heritage to them in the due form under the great seal. Further we, for the good, loyal and gracious service offered and given to us by the foresaid George Bruce and in various other important respects and good considerations which influence us, afresh with the advice of the forementioned, have given, granted and conveyed, and by the wording of our present charter do give, grant and convey to the foresaid George Bruce and his foresaid heirs and assignees, whole and complete the foresaid lands and barony of Carnock particularly including, all and singly, the foresaid lands of Carnock and half of each of them, with their tower, fortalice, manor, houses, buildings, gardens, orchards, meadows, parks, forests, dovecotes, coals, coalworkings, grain mills, waulk mills, mill lands, multures, woods, fisheries, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies, services of freeholders and any of their pertinents wherever they lie on either side of the water, with their complete privileges, profits and advantages, together with every right, title, interest, claim at law (whether as claimant or possessor) which we, our predecessors or successors had, have or could in any way have or claim to have towards them or any part of them, or to taxes, ferms, profits or dues of the same concerning any years or terms in the past, on account of ward, relief, non-entry, escheat, forfeiture, recognition, purpresture, disclaimer of bastardy, infeftments, sasines or retours of reduction of the whole or the greater part of the alienation, or by virtue of the forementioned act of annexation of church lands of this realm to our crown, or on account of non-confirmation within the due time, or by virtue of any acts of parliament or of other acts, laws or regulations of our realm, or for any other cause, action or reason before the date of our present charter. We make renunciation and exoneration for them, with all action and instance of the same, on behalf of ourselves and our successors, in favour of the foresaid George Bruce and his foresaid heirs and assignees for now and in perpetuity, with agreement not to claim, and with supplement of all errors, named or not, which we wish to be in this present charter of ours as if expressed. Besides, considering that the rectory and vicarage of the parish church of Carnock, with, all and singly, any lands, teinds, fruits, rents, emoluments and dues relating and pertaining to this kind of thing, has been from of old a part of the patrimony and property of the ministry of Scotlandwell and of its benefice and was surrendered, resigned and simply donated into our hands by Andrew Arnot, minister of Scotlandwell, (now destitute of a community) by his procurators lawfully constituted for this purpose and by his letters patent, to the effect that the said rectory and vicarage are dissolved and suppressed for all time to come from the said ministry of Scotlandwell and its benefice, and that the right and title of patronage of the same is conferred and granted by us to the said George Bruce and his heirs and assignees, as is contained at greater length in the said surrender. Therefore, with the advice of the foresaids, we have dissolved and suppressed, and by the wording of our present charter have dissolved and suppressed on behalf of ourselves and our successors the foresaid parish church of Carnock, the rectory and vicarage of the same, with, all and singly, any lands, teinds, fruits, rents, emoluments and dues relating and pertaining to the said ministry of Scotlandwell and its benefice, and that the said rectory and vicarage, their teinds, fruits and rents shall at no time in the future be any part or portion of the patrimony or property of the foresaid ministry of Scotlandwell and its benefice. Also, we, with the advice of the foresaids, have unified, annexed and incorporated, and by the wording of our present charter do, on behalf of ourselves and our successors, unify, annex and incorporate the advocation, donation and right of patronage of the foresaid parish church of Carnock, and its rectory and vicarage, to the foresaid barony of Carnock to remain with it in perpetuity for all time in the future, inseparably. Also we have made, ordered and ordained, and by the wording our present charter, on behalf of ourselves and our successors, do order and ordain that the foresaid George Bruce, his heirs and his successors in the said barony of Carnock shall be indubitable and irrevocable hereditary patrons of the foresaid church of Carnock and its rectory and vicarage, with the authority to present persons to the ordinaries who are able, suitable and appropriately qualified, whenever the said rectory and vicarage happen to be vacant through surrender, deprivation or incapacity of the possessors present or future or in any other way whatsoever, and also to use, enjoy and exercise, all and singly, everything which relates to the said advocation, donation and right of patronage of the foresaid, as freely as any other hereditary patron within our realm does or in similar circumstances could. Also we wish and grant and on behalf of ourselves and our successors in perpetuity decree and ordain that a single sasine now to be taken at this principal messuage now by the foresaid George and for all time to come by his heirs and successors shall stand and be a sufficient sasine, at the tower, fortalice and principal messuage for, whole and complete, the lands and barony of Carnock, with both halves of the same tower, fortalice, manor, houses, buildings, gardens, orchards, meadows, parks, forests, dovecotes, coals, coal workings, grain mills and waulk mills, mill lands, multures, woods, fishings, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies and services of freeholders and their pertinents, wherever they lie on either side of the water, with, complete, the privileges, profits and advantages of the same, together with the said advocation, donation and right of patronage of the foresaid parish church of Carnock and its rectory and vicarage, notwithstanding that they do not lie together and contiguously but in various parts, regarding which, on behalf of ourselves and our successors, we make surrender and by the wording of our present charter we convey for now and in perpetuity. Whole and complete, the foresaid lands and barony of Carnock, with both halves of the same with tower, fortalice, manor, houses, buildings, gardens, orchards, parks and meadows, forests, dovecotes, coals, coalworkings, grain mills and waulk mills, mill lands, multures, woods, fishings, parts, pendicles, annex and connex, dependencies, tofts, crofts, outsets, tenants, tenancies and services of freeholders and their pertinents, wherever they lie on either side of the water, with, complete, the privileges, profits and advantages of the same, together with the said advocation, donation and right of patronage of the foresaid parish church of Carnock and its rectory and vicarage, are to be had and held by the foresaid George Bruce, and his foresaid heirs and assignees, from us and our successors, in fee and heritage and free barony in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits, warrens, pigeons and dovecotes, workshops, breweries, brewhouses, whins, woods, groves and thickets, wood, timber, stoneworkings, stone and lime, with courts and their outcomes, inheritance payments, bloodwit and marriage of women, with common pasture and free entry and exit, with furca et fossa, soke and sac, toll and theame, vert, wrack, wair, venison, infangthief and outfangthief, pit and gallows, with, all and singly, the liberties, advantages, profits and easements, and any just pertinents whether named or not, under or above ground, far and near, pertaining, relating or justly capable of relating in any way in future, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the said George and his foresaid heirs and assignees shall render to us and to our successors, for the larger half of the foresaid lands and barony and their pertinents, the service of ward and relief, and for the smaller half of the said lands and barony, with their pertinents, the sum of 33s and 4d of the usual currency of our realm in place of kane, only, provided however that George and his heirs and assignees in all times to come shall be held to pay to us and to our successors, whenever it should happen that the foresaid lands and barony come into our hands and those of our successors by reason of ward or non-entry on account of minority, or absence of heirs or successors of the said George or in any other way, the sum of £20 of the usual currency of our realm annually for the duration of the ward and non-entry, at the two terms of the year, namely Pentecost and Martinmas in winter [11 November], by equal proportions, together with the sum of £100 of the foresaid currency for marriage of an heir, only. Further, we wish and grant, and on behalf of ourselves and our successors in perpetuity, decree and ordain, from certain knowledge and a proper motive, with the advice of the foresaids, that whenever it should happen henceforth that the foresaid lands and barony of Carnock, with their pertinents, come into our hands or those of our successors by reason of the said ward or non-entry on account of minority or lack of of heirs and successors of the said George or in any other way, as has been said already, nevertheless the foresaid heirs, assignees and successors of the said George Bruce shall in future enjoy and possess, whole and complete, the foresaid lands and barony and both halves of them, with parts, pendicles, tenants, tenancies and services of freeholders and all their pertinents, with, in their entirety, their taxes, ferms, profits and dues, without any molestation or impediment by us or our successors in any way whatsoever in future, as heirs, assignees and successors of the said George, paying annually to us and our successors, for the period of ward and non-entry of the same, the foresaid sum of £20 of the foresaid currency at the two customary terms of the year, namely Pentecost and Martinmas in winter, by equal proportions, together with the said sum of £100 for the marriage of an heir, only; for each payment of annualrent of £20 pounds, together with the said sum of £100 for marriage of an heir, as has been said. We, on behalf of ourselves and our successors, with the advice of the foresaids, have given, granted, assigned and conveyed and, by the wording of our present charter, do give, grant, assign and convey to the heirs, assignees and successors of the said George Bruce the foresaid ward and non-entry of, whole and complete, the foresaid lands and barony of Carnock, with both halves of the same, parts, pendicles, tenants, tenancies and services of freeholders and all their pertinents, together with relief of the same and marriage of an heir, as often as it should happen that the same lands and barony come into our hands or those of our successors by reason of ward or non-entry at any time in the future, as has been said. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], marquis of Hamilton, earl of Arran, lord Aven, etc., John [Graham], earl of Montrose, lord Graham, etc., our chancellor, George [Keith], earl Marischal, lord Keith, etc., marischal of our realm, our beloved familiars and councillors lords James Elphinstone of Barnton, our secretary, Richard Cockburn, younger, of Clerkington, keeper of our privy seal, knights, Master John Skene [of Curriehill], clerk of our rolls of register and council, lord John Cockburn of Ormiston, knight, our justice clerk, and Master William Scott of Elie, our director of chancellery. At Dunfermline on 4 May in the year of the Lord 1602, and in the thirty-fifth of our reign, in all and sundry heads, points, articles, clauses, provisions and conditions whatsoever therein contained; and decrees and declares the same infeftment to have well granted and for appropriate causes and good service done to his majesty by the said George, and therefore to remain and abide in all time coming as good, valid and effectual rights and securities to the said George Bruce, his heirs and successors for possessing and enjoying of the foresaid lands and barony, with the advocation, donation and right of patronage of the parish kirk thereof, with the taxed ward therein contained. To the which ratification George [Gledstanes], archbishop of St Andrews, being personally present in this present parliament, consented, and was content that the same infeftment, with the taxed ward therein contained, should stand and remain forever as good, valid and effectual to the said George Bruce and his foresaids, providing always that the said ratification prejudice not the archbishop nor his successors in their right of the superiority of the one half of the said lands and barony of Carnock and of the duties due to them contained in the said infeftment ratified as said is, and also the said George Bruce of Carnock paying yearly to the minister serving the cure at the said kirk of Carnock, and his successors serving the cure at the said kirk, the yearly stipend underwritten, namely: 14 bolls, two part bolls of barley, one chalder, 14 bolls, two part bolls of meal.
[1605/6/113]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and whole estates of this present parliament ratify and approve and, for his highness and his successors, perpetually confirm the confirmation and new infeftment of feu ferm granted by his highness under the great seal of all and whole the lands of Grangemuir and whole muir of the same, crofts, acres and all other lands therein contained, with the pertinents, to Master William Scott of Elie and to the late Isobel Durie, his spouse, and to their heirs and assignees specified therein, pertaining of before to the late Thomas Dishington of Ardross and John Strang of Balcaskie respectively, lying within the barony of Pittenweem and sheriffdom of Fife, in the whole heads and clauses specified therein, and after the form and tenor thereof in all points, of the date 8 October 1591. And also, our sovereign lord and estates foresaid ratify and approve the disposition made by the late William Scott of Abbotshall to the said Master William Scott and to his heirs mentioned therein, of all and whole the 16th part of all and whole the said lands of Grangemuir, with the pertinents pertaining to the said late William Scott of Abbotshall. And likewise our said sovereign lord and estates foresaid ratify and approve all infeftments of feu granted by the priors or commendators of Pittenweem, with advice of the convent, to the said late Thomas Dishington of Ardross and to John Strang of Balcaskie and to the said late William Scott of Abbotshall and to their authors, their heirs or assignees specified therein, of the said lands of Grangemuir, or any part thereof, and whole muir of the same and others above-written, with the pertinents and whole infeftments made by them or any of them, their heirs or successors to the said Master William Scott and to his heirs specified therein, in the whole heads, clauses, tenors and contents of the same of whatsoever date or dates the same be of, and decree and declare the same whole infeftments foresaid of the same lands, with the precepts and instruments of sasine following thereupon, granted to the said Master William Scott and to his authors foresaid, their heirs and assignees specified therein, to be as effectual, valid and sufficient in the self to the said Master William Scott and to his foresaids for holding, enjoying and possessing of the said lands, muir and others foresaid particularly above-expressed in the said infeftments, as if the said infeftments of feu ferm granted by his highness to the said Master William and his said late spouse of the said lands of Grangemuir, with the pertinents, and as if his whole authors and predecessors' infeftments and the said Master William's own infeftments and dispositions made by them to him of the same lands were inserted word for word in this present act. And further, our sovereign lord and estates foresaid find, decree and declare that the said whole lands of Grangemuir and whole muir thereof, and others foresaid now pertaining to the said Master William Scott heritably as said is, is in no way to be comprehended nor contained in the act of parliament made this instant day in favour of Frederick Stewart, son to the late Sir William Stewart, lord Pittenweem, whereby the lordship and barony of Pittenweem and others pertaining of old to the priory of Pittenweem are given and erected to him and his heirs therein specified in a temporal lordship and barony, and in no way to be comprehended nor contained in any of the infeftments to follow thereupon, in favour of the said Frederick, his heirs and successors, to the effect the said Master William Scott and his heirs specified in his said infeftments already passed, or in his infeftments to be passed and their successors, may hold the same of his highness and his successors in a free tenancy, to be called in all time coming the tenancy of Wester Grangemuir, for the yearly payment to our sovereign lord and his successors and their comptrollers in their names of the yearly duties as is contained therein only. And in like manner, our said sovereign lord and estates foresaid, for the said Master William's better security, ordains a new infeftment to be passed his highness's register and seals to the said Master William Scott and to his heirs and successors as shall please him to design, of all and whole the foresaid lands of Wester Grangemuir, whole muir of the same and others foresaid, acquired and conquest by the said Master William from the said late laird of Ardross, laird of Balcaskie and laird of Abbotshall, to be held of his highness and his successors in free tenancy, to be called the tenancy of Wester Grangemuir in all time coming, and with all other privileges contained in the said Master William's former infeftments, and with any other privileges may stand with the laws and custom of this realm, for the yearly payment to his highness and his successors and to their comptrollers of the yearly duties as is contained therein only.
[1605/6/114]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened, calling to remembrance and having sufficiently tried in the said parliament the manifold great, profitable, good, true and thankful services in many ways done to his majesty and in the public affairs of the realm of Scotland, to the profit and commodity thereof, by his right trusty cousin and councillor John [Graham], earl of Montrose, lord Graham and Mugdock, late chancellor of Scotland and now his majesty's commissioner general within the said kingdom, continually since his majesty's birth and coronation, and specially in the careful, diligent and faithful exercising of the said office of chancellery, as well in secret council as in session and otherwise these many years bygone, and namely since his majesty's passing out of the said kingdom of Scotland to the realm of England, to his majesty's great contentment and to the peace, tranquillity and commonwealth of the said realm of Scotland, as also to the singular well and profit of his highness's lieges and subjects thereof, as also the said John, earl of Montrose's passing lately out of Scotland to the parts of England and remaining therein a long time at his majesty's desire as the principal commissioner nominated and appointed by his majesty, with advice of the estates of Scotland, for treating upon the union between the said two realms, in the which service and in exercising of the said office of chancellery and commissionership foresaid the said earl has not only sustained great travails and pains in his person, but also has disbursed great sums of money, charges and expenses whereby he has greatly burdened his lands, rents and heritages to the great hurt and harm of the estate of his house, out of which there has heretofore proceeded many most worthy and good members of the commonwealth and who, in former ages, have done most honourable services both to their princes' contentment and for their country's benefit; in recompense whereof, and for the helping of the estate of the said house of Montrose, hurt by his said cousin's great charges, and for a perpetual memory and remembrance therewith of his majesty's royal and princely liberality, and for the causes above-written, being profitable and evident causes tending to the well of the said whole realm of Scotland, so commonly known, found, tried and declared by the said estates of parliament, our said sovereign lord, with advice of the said estates and all with one consent, have dissolved and, by the tenor hereof, dissolve the act of annexation of the earldom of Gowrie and lordship of Ruthven to his highness's crown, made in his highness's parliament held at Edinburgh, 15 November 1600, and all other acts of annexation of the lands following to his highness's property in so far as the same acts or any of them are extended or in any way may concern the lands and others after-specified: they are to say, all and whole 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; the lands of Letham; the lands of Easter Letham; the lands of Goodlyburn; the Hoill of Huntingtower; the lands of Hillyland; the lands of Few; the lands of Wester Letham, with all their houses, buildings, yards, orchards, dovecots, mills, multures, woods, fishings and their pertinents whatsoever, as well not named as named, all lying within the sheriffdom of Perth, stewartries of Strathearn and Huntingtower respectively, which lands and others particularly above-written pertained of before to the late John [Ruthven], sometime earl of Gowrie, and pertains to his majesty through process and doom of forfeiture led and deduced against him and were annexed to the crown as said is. And that to the effect his majesty, with consent of his ordinary officers, for the said good and evident causes above-written, may convey the same lands and others above-mentioned to his said right trusty cousin and councillor John, earl of Montrose in liferent and John, master of Montrose, his son, fiar of the said earldom, and his male heirs, and of tailzie, heritably, to be held of his majesty and his successors in free blench for payment of one penny Scots money yearly upon the ground of the said lands at the feast of Whitsunday [May/June], if it be asked, only. And his majesty and the said estates find and declare that the said infeftment to be granted to the said John, earl of Montrose in liferent and to the said John, master of Montrose, his son, in fee is conveyed to them in respect of the said noble earl, his good, true and painstaking service, found and tried by the said estates to have been most profitable services for the commonwealth of Scotland and for evident causes worthy of the said gift; and therefore find and declare and decree that the said infeftment shall in no way fall under the danger of the act of annexation, nor of any other act or acts made heretofore, but that notwithstanding the same the said infeftment shall be a sufficient right and heritable title to the said John, earl of Montrose, John, master of Montrose, his son, and their foresaids, for holding and possessing of the foresaid lands and others above-specified heritably and perpetually in all time coming.
[1605/6/115]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for the causes mentioned and contained in the gift of pension underwritten, with one consent and assent, ratify, approve and confirm the letter of gift and pension following made by his highness, with advice of [Master John Preston of Fenton Barns], his collector general, to his trusty and well-beloved councillor David, lord Scone and his assignees therein mentioned, of all and whole that equal half of 20 chalders of victual conveyed of before to Patrick Hume, now of Polwarth, and the late Sir Patrick Murray of Geanies, knight, during all the days of their lifetime, extending to 10 chalders of victual in all the heads, articles and clauses thereof, of the which the tenor follows: James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, to the lords of our council and session and to all and sundry other lieges and subjects whom it pertains, whose knowledge this present letter shall to come, greeting. Know you us, remembering the good, true and thankful service done to us by our trusty cousin and councillor David, lord Scone, our comptroller in our realm of Scotland, in all the services committed to him, and that the gift of pension underwritten pertained of before to our trusty councillor the late Sir Patrick Murray of Geanies, knight, and the late Robert Murray of Pittillock, successively after others, both brothers-german to our said trusty cousin, willing still of our own special favour to continue our princely kindness to all the said brothers, the said David, lord Scone being now the last alive, and the pension underwritten in our hands through the decease of the said late Robert, last possessor thereof, with advice and consent of our trusty councillor, Master John Preston of Fenton Barns, our collector general and treasurer of the new augmentations, to have given, granted and conveyed to the said trusty and well-beloved councillor during all the days of his lifetime, all and whole the equal half of the yearly pension of 20 chalders of victual conveyed of before to Patrick Hume, then apparent heir of Polwarth, one of his majesty's carvers, and late the said Sir Patrick Murray, then one of his majesty's feuars, equally between them during all the days of their lifetimes respectively, namely: each one of them the equal half thereof out of the third and half of the priory of St Andrews, extending to 10 chalders of victual, to be uplifted out of the particular towns and lands yearly which are contained in the gift granted of before to the said late Robert Murray and whereof the said late Sir Patrick and Robert were in possession yearly during their lifetimes, between the feasts of Yule and Candlemas [2 February], by receiving thereof from the hands of the tenants and possessors of the lands contained in their said gifts, all lying within the parishes of St Andrews and Lathrisk respectively, all assumed in the third of the said benefice, namely: out of the lands of Pusk, eight bolls of wheat, one chalder, five bolls of barley; out of the lands of Scotscraig within the parish of [...], 12 bolls of barley; out of the lands of Ferry Toll, one chalder, two bolls of barley; out of the lands of Dron, eight bolls of wheat; out of the lands of Newgrange, two bolls of wheat, one chalder of oats; out of the lands of West Balrymonth, eight bolls of oats; out of the lands of Kinninmonth, 12 bolls of oats; out of the lands of Over Mains, three bolls of barley, seven bolls of oats; out of the parish and lands of Lathrisk, two chalders, 12 bolls of meal, all lying in the parishes of St Andrews, Leuchars and Lathrisk respectively foresaid, and within the said priory of St Andrews and assumed in the third of the same, beginning the first year's payment of the said yearly pension between the said feasts of Yule and Candlemas in the year of God 1604, and so forth yearly thereafter for the said Lord Scone's lifetime. With power to the said David, lord Scone, by himself, his factors and others in his name, to intromit with and uplift the foresaid yearly pension from the tenants of the forenamed lands and others due and in use of payment of the same, call and pursue thereof if need be, acquittances and discharges upon the payment thereof to give and deliver, which shall be as sufficient to the receivers as we or our collector general foresaid had given the same, transact, compone and agree relating thereto as he shall think expedient, and with special power to the said David, lord Scone, during all the days of his lifetime, sick, whole or in the very hour of his death, to transfer and convey the said yearly pension to whatsoever person or persons he best pleases nominate; which person or persons to be nominated by the said Lord Scone as said is, shall hold, enjoy and possess the said yearly pension of 10 chalders of victual yearly to be uplifted as said is during all the days of their lifetime after the decease of the said David, lord Scone, in the same way and as freely in all respects as the said late Sir Patrick and Robert Murray or the said David, lord Scone or either of them did or might have done at any time bygone or hereafter, beginning the first yearly payment thereof between the feasts of Yule and Candlemas immediately following the decease of the said David, lord Scone, and so forth yearly during all the days of the said person or persons' lifetime, to and in whose favour it shall happen the said David, lord Scone to transfer and convey the foresaid pension; which translation and disposition so to be made as said is, we, with advice foresaid, will and grant and, for us and our successors, ordain to be as valid and effectual to the person or persons in and to whom the same shall happen to be made as either this our letter of gift made to our said trusty cousin or any of the former gifts of the said 10 chalders of victual made to the said late Sir Patrick and Robert Murray, or either of them, is or has been, so that the person in whom it shall happen to be transferred and conveyed as said is, shall possess and enjoy the same during all the days of their lifetime by virtue of this present gift and disposition, and the translation thereof to be made as said is, only without any new gift and disposition thereof to be made by us or any of our successors of the same. And further we, with advice and consent foresaid, will and grant that this present gift in all heads, articles and clauses thereof, to be ratified, approved and confirmed, likewise we by the tenor hereof will [John Graham, earl of Montrose], our commissioner, estates and lords of parliament to ratify, approve and confirm the same in all the heads and points thereof, commanding also you, the said lords of our council and session, to grant and direct our other letters for causing our said trusty cousin and councillor, David, lord Scone and his foresaids to be answered and obeyed of the foresaid yearly pension in the appropriate form. Given under our privy seal at Whitehall, 31 December 1604, and of our reign the 2nd and 38th years, by the signature in the hand of our above-written supreme lord, the king, and in the hands of [Alexander Seton, earl of Dunfermline], chancellor, of [James Elphinstone, lord Balmerino], the president of the college of justice, of the said collector general of the lord king and the said [Sir Thomas Hamilton of Monkland], advocate of the lord king. Which letter of gift and pension before inserted his majesty, with advice and consent of his said estates and lords of this present parliament, decrees and declares to stand and to be effectual to his highness's said trusty cousin and to his assignee or assignees, one or more foresaid, during all the days of their lifetimes, according to the tenor thereof in all the heads, articles and clauses of the same inserted in this present act bear.
[1605/6/116]*[print] [email] [cite] [preceding] [following]
The which day the whole estates of parliament excepts out of the erection of the lands and kirks of the abbacy of Jedburgh appointed to be made in favour of Alexander [Home], earl of Home, all and whole the kirk lands of Dalmeny, together with the advocation, donation and right of patronage of the kirk of Dalmeny, wherein Sir Thomas Hamilton of Monkland, knight, his highness's advocate, stands heritably infeft, and notwithstanding of the said erection, decree and declare the said Sir Thomas and his heirs to hold the said lands and patronage foresaid immediately of our sovereign lord in all time coming; and to that effect, the said estates have dissolved and dissolve the said kirk lands of Dalmeny from the general act of annexation of the kirk lands to the crown and from all other acts of annexation made relating thereto to the effect the same may be of new conveyed by his majesty to the said Sir Thomas, to be held of his majesty in free blench ferm for payment of such duty as his majesty pleases to grant the same. And also the said estates ratify and approve the procuratory of demission of the said kirk of Dalmeny made by the late Andrew [Home], commendator of Jedburgh, for demitting and resigning of the said kirk in his majesty's hands, which procuratory is of the date [...] day of [...] 1596, together with the instrument of demission of the same following thereupon, with the infeftment granted by his majesty to the said Sir Thomas and his foresaids of the advocation, donation and right of patronage of the said kirk of Dalmeny and dissolution of the said kirk from the said abbey of Jedburgh specified and contained in the said infeftment. Likewise the said estates, considering that not only the said kirk of Dalmeny was of old demitted by the said late Andrew, commendator of Jedburgh, in his majesty's hands, but also that the said Alexander, earl of Home has of late made demission and resignation in his majesty's hands of the whole spirituality and kirks of the said abbey of Jedburgh, and in respect thereof has suppressed the said abbacy and ordained the memory thereof to cease and be extinguished in all time coming, therefore, the said estates have of new dissolved the said kirk of Dalmeny from the said abbacy of Jedburgh to the effect the same may be conveyed by his majesty to the said Sir Thomas in such form and manner as shall please his majesty to give the same.
[1605/6/117]*[print] [email] [cite] [preceding] [following]
The which day the whole estates of parliament excepts out of the erection of the lands and kirks of the priory of Elcho appointed to be made in favour of David [Murray], lord Scone all and whole the kirk lands of Easter Binning, Wester Binning, Broadlaw alias Middle Binning, called the Nunlands, wherein Sir Thomas Hamilton of Monkland, knight, his highness's advocate, stands heritable infeft, held immediately of our sovereign lord, and notwithstanding thereof decree and declare the said Sir Thomas and his heirs to hold the same lands of our sovereign lord in all time coming; and to that effect, the said estates have dissolved and by this exception dissolve the foresaid lands of Easter, Wester and Middle Binning from the general act of annexation of all kirk lands to his highness's crown made in the year 1587, and from all former annexations made of the lands pertaining to nuns or prioresses for annexing of the same to his highness's crown, to the effect his majesty may of new convey the said lands to the said Sir Thomas and his foresaids to be held blench of his majesty for payment to his highness of such duty as he shall please give the same.
[1605/6/118]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of the parliament of Scotland presently convened, considering the good, true and thankful service done to his majesty by his right trusty cousin and councillor James [Elphinstone], lord Balmerino, his majesty's secretary and president of the college of justice, as well in his daily and continual attending in the secret council and session for the administration of justice to all his majesty's lieges, as in diverse and sundry other great, weighty and honourable services committed to his charge by his highness concerning the commonwealth of this realm, in the which he has discharged himself most faithfully, to his majesty's great honour and contentment and to the singular commodity of the realm and lieges thereof, and herewith remembering that his majesty was witness and godfather to James Elphinstone, son to his said right trusty cousin, procreated between him and Dame Marjorie Maxwell, his spouse, and that it becomes his majesty of his princely duty to remember his said godson with some token of his highness's favour; and his majesty, having now by special instructions proposed to the said estates of parliament the said great and faithful services done to his majesty and for the particular common welfare of the realm of Scotland by his said right trusty cousin and councillor, and the said estates having thereupon taken full trial and verification, they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be, and to have been, great, valid and reasonable causes for the well of his majesty and of his said realm of Scotland, as also his majesty and estates foresaid find, decree and declare that his highness, with their advice and consent, may for the said causes which they have known and tried to be for the appropriate well of his majesty and realm as said is, alienate and convey any part of the lands annexed to his crown to the said James Elphinstone, his majesty's godson, son to his said right trusty cousin, and to his heirs and successors, to be held in such manner and for such service as his majesty best pleases; and to that effect that the annexation to the crown of the same lands that are to be alienated and conveyed shall be simply dissolved from the crown, that they may be alienated and conveyed to the said James Elphinstone and his heirs after-mentioned. And the said estates, being ripely and gravely advised what his majesty may alienate and convey with least detriment to his highness's 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 duties of the abbacy and monastery of Coupar [Angus], situated within the sheriffdom of Forfar, being in his majesty's hands by reason of the general annexation of the kirk lands of this realm of Scotland to the crown by special act made relating thereto in the parliament held at Edinburgh, 29 July 1587, likewise the spirituality of the said benefice containing the abbey place and monastery with the houses, buildings, orchards, yards and their pertinents lying within the precinct of the said abbey, together with the teind sheaves and other teinds, fruits, rents, emoluments and duties, both parsonage and vicarage, of the parish kirks and parishes of Bendochy, Airlie, Mathy, Glenisla and Fossoquhy, which come under the general exception from the said annexation and which lately pertained to Master Andrew Lamb, undoubted commendator of the spirituality of the said abbacy and now resigned by the said commendator (there being none of the convent thereof now alive) by his lawful procuratories and letters patent under the common seal of the said abbey in his majesty's hands, and simply demitted and given over by the said commendator to be used and conveyed by his majesty at his highness's pleasure, may, with least detriment to his majesty or hurt to the rent and revenue of the crown, for the valid causes above-written, be conveyed to the said James Elphinstone and his foresaids in most ample form; and therefore the said estates of parliament find it necessary and expedient that our said sovereign lord, 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 lands, baronies, mills, woods, fishings, annualrents and others whatsoever pertaining to the said abbacy of Coupar [Angus] by their names in special wherever the same lie, either within the sheriffdoms of Forfar, Perth, Aberdeen or within any other within the realm of Scotland, together with all and sundry the teind sheaves and other teinds, both parsonage and vicarage, fruits, rents, emoluments, profits and duties whatsoever of the foresaid kirks and parishes of Bendochy, Airlie, Mathy, Glenisla and Fossoquhy in a whole and free barony and estate of a lordship of his highness's parliament, and that the same, with all privileges and commodities pertaining thereto, together with the honour, dignity and estate of a lord of his majesty's parliament, with badge and arms for the causes foresaid, shall be alienated and conveyed to the said James Elphinstone and his male heirs lawfully to be procreated of his body, which failing to the said James [Elphinstone], lord Balmerino, his father, and to his male heirs and of tailzie contained in his infeftment of the lands and barony of Ballumbie, heritably to be held of our sovereign lord and his successors in free barony and free lordship with the honour and dignity of a lord parliament forever. And to that effect his majesty and estates of parliament foresaid dissolve, annul and infringe the said general annexation of the kirk lands of this realm of Scotland to the crown in so far as it may be extended to the said temporality of the said abbacy of Coupar [Angus] only, and ordain the infeftments to be made hereupon to be extended in most ample form, bearing an union and incorporation of all the particulars in a barony and lordship with a special remit and discharge of the thirds of the said abbacy of Coupar [Angus], as well victual as silver, together with all monks' portions, first year's fruits and fifth penny of the same abbacy and benefice, because his majesty will be relieved and discharged of the sustentation of the ministers of the foresaid kirks, and also to bear and contain provision that the said lordship pay all taxations with the temporal lords for the said temporality, accounting the same to a hundred merk land of old extent, and to have his relief of all the heritable tenants and other tacksmen of the said lands and teinds after the rate and quantity of their lands and teinds so often as shall occur the said taxations, and with express power to the said James and his heirs foresaid to retreat and reduce whatsoever infeftments, tacks, assedations, rights and titles of any part of the said lands, mills, woods, fishings, teinds and others for whatsoever cause competent of the law with all other clauses and provisions which shall be needful for the said James and his heirs 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 Coupar [Angus] 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 were already made 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 and shall be in all times hereafter esteemed and judged for the well of our said sovereign lord and for a valid profit and commodity to his crown and realm of Scotland, reserving and excepting always out of this present act and erection foresaid all regalities and privileges thereof (if any be) possessed by the abbots and titulars of Coupar [Angus] of before, to remain with our sovereign lord and his highness's successors and their crown inseparably in all time hereafter.
[1605/6/119]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of the parliament of Scotland presently convened, considering the princely duty which binds his highness in the example of his most noble progenitors to impart to his most loving subjects such honours and dignities as their merits and virtuous acts in great services and profitable offices to his majesty and the common good justly required, to the end that not only by gratification of his well affectioned subjects they might continue their ardour and affection in well doing, but also through the example of them 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, deeply remembering the great, long and painstaking service done to his majesty by his right trusty councillor Sir James Elphinstone of Barnton, knight, brother-german to his trusty cousin Alexander [Elphinstone], lord Elphinstone, secretary to our sovereign lord and president of the college of justice, continually since he retired him from the realm of France, where he spent his youth in letters to enable himself for the advancement of the common good in his native soil, first serving his highness in his secret affairs in the which he was very often employed, thereafter serving in an ordinary place of council and session and administration of justice with all sincerity and diligence by the space of many years past, and also charged with the burden of the office of secretary principal to our said sovereign lord, and specially now in these late days when his majesty, by the providence of God and his own right, succeeded to the crown of England and thereby became monarch of all Great Britain, during the which time a great part of the burden of his highness's greatest affairs, which were then multiplied as well in England as in Scotland, were upheld and sustained to the great pleasure of our said sovereign lord by the said Sir James in many great and diverse worthy acts, offices and services, which are not necessary to be specified in this legislation, so well accepted and allowed by our said sovereign lord, and which were necessary and profitable to his majesty and for the well of the said realm of Scotland, the said Sir James being also descended of a noble race and ancient linage for the which his majesty on his part of his princely duty cannot omit to remunerate and acquit the said service by such gratification as is now possible and with least hurt to his crown of Scotland. And his majesty, having now by special instructions proposed to the said estates of parliament the said great services, acts and virtuous deeds done by the said Sir James in particular, whereupon the said estates have taken full trial and verification, they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be and to have been great, valid and reasonable causes for the well of his majesty and of the said realm of Scotland. And also, his majesty and estates foresaid find, decree and declare that his majesty, with their advice and consent, may (for the said causes which they have known and tried to be for the valid well of our said sovereign lord and realm as said is) alienate and convey any part of the lands annexed to his crown to the said Sir James, his heirs and successors, to be held in such manner and for such service as his majesty pleases, and to that effect that the annexation to the crown of the same lands that are to be alienated and conveyed shall be simply dissolved and discharged forever, that the same may be alienated and conveyed to the said Sir James and his heirs after-mentioned. 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 of this legislation, find and declare that the temporality, property and superiority, with the feu ferms and pertinents of the abbacy and monastery of Balmerino, situated within the diocese of St Andrews and sheriffdom of Fife, being in his majesty's hands by reason of the general annexation of the kirk lands to the crown by the act of parliament held at Edinburgh, 29 July 1587, likewise the spirituality of the said benefice containing the abbey place and monastery with the houses, buildings, orchards, yards and their pertinents lying within the precinct of the said abbacy, together with the teind sheaves and other teinds, fruits, rents, emoluments and duties, both parsonage and vicarage, of the parish kirks and parishes of Balmerino, Barry and Logie and of the vicarage pensionary of Barry, fruits and rents thereof, which come under the general exception from the said annexation and which lately pertained to Master Robert Auchmuty, undoubted commendator of the spirituality of the said abbacy and now resigned by the said commendator (there being none of the convent thereof now alive) by his lawful procuratories and letters patent under the common seal of the said abbey in his majesty's [hands],† and simply demitted and given over by the said commendator to be used and conveyed upon by his majesty at his pleasure, and also all and sundry the lands and baronies of Kirknewton and Balerno, alias called the West Barony, and whole parts, pendicles and pertinents thereof lying within the sheriffdom of Edinburgh, together with the advocation, donation and right of patronage of the parish kirk of Kirknewton, parsonage and vicarage thereof, pertaining to his majesty by virtue of the act of annexation of the earldom of Gowrie, and living thereof, to the crown in the parliament held at Edinburgh, 15 November 1600, may with least detriment to his majesty or hurt to the rent and revenue of the crown, for the valid causes above-written, be conveyed to the said James and his foresaids in most ample form; and therefore the said estates of parliament find it necessary and expedient that our said sovereign lord by his highness's infeftment to be made with advice of his ordinary officers shall unite and incorporate the foresaid lands and baronies of Kirknewton and Balerno, with the pertinents, advocation, donation and right of patronage of the said parish kirk of Kirknewton, parsonage and vicarage thereof, with the lands, baronies, mills, woods, fishings, teinds, fruits, rents and others above-expressed, which pertained of old to the said abbacy of Balmerino, both spirituality and temporality of the same, to remain inseparably therewith in all time coming as a part and proper pertinent of the same, and that thereafter his majesty shall erect, unite and incorporate all and sundry the same lands, baronies, mills, woods, fishings and others whatsoever pertaining to the said abbacy of Balmerino by their names in special wherever the same lie, either within the sheriffdoms of Fife, Forfar, Perth or any other part within the realm of Scotland, together with the said teind sheaves and other teinds, fruits, rents, emoluments and duties of the said kirks and parishes of Balmerino, Logie and Barry, parsonage and vicarage thereof, and also all and sundry the foresaid lands and baronies of Kirknewton and Balerno with the said advocation, donation and right of patronage of the said kirk of Kirknewton, parsonage and vicarage thereof, in a free barony and estate of a temporal lordship of his highness's parliament, and that the same, 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 Sir James shall think expedient, shall for the valid causes foresaid be alienated and conveyed to the said Sir James and his male heirs and of tailzie and provision contained in his infeftment of the lands of Barnton heritably, to be held of his majesty and his successors in free barony and free lordship with the honour and dignity of a lord parliament forever. And to that effect his majesty and estates foresaid of this present parliament dissolve, alienate and infringe the said general annexation of the kirk lands of this realm of Scotland to the crown in so far as it may be extended to the said temporality of the said abbacy of Balmerino only; and also dissolve, annul and infringe the said act of annexation of the earldom of Gowrie and living thereof to the crown in so far as the same may be extended to the said lands and baronies of Kirknewton and Balerno and to the said advocation, donation and right of patronage of the said kirk of Kirknewton, parsonage and vicarage thereof; 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 barony and lordship, and a special remit and discharge of the whole thirds of the said abbacy of Balmerino, as well victual as silver, together with all monks' portions, first year's fruits and fifth penny of the said abbacy and benefice thereof, because his majesty will be relieved and discharged of the sustentation of the ministers at the foresaid kirks, and also to bear and contain provision that the said lordship pay all taxations with the temporal lords of the said realm of Scotland, accounting the said lordship to thirty two pounds, four shillings, five penny land of old extent, and to have his relief of all the heritable tenants and other tacksmen of the said lands and teinds after the rate and quantity of their lands and teinds so often as the said taxations shall occur; and with express power to the said Sir James and his foresaids to retreat and reduce for reasonable causes competent of the law all and whatsoever infeftments, sasines, tacks, assedations, rentals, rights and titles of any part of the foresaid lands, kirks, teinds and others above-specified with all other clauses and provisions which shall be needful for the said Sir James 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 Balmerino, 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 were already made and perfected, 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 a valid profit and commodity to his said realm of Scotland, reserving and excepting always out of this present act and erection foresaid all regalities and privileges thereof (if any be) possessed by the abbots and titulars of Balmerino of before, to remain with our sovereign lord and his highness's successors and their crown inseparably in all time hereafter.
[1605/6/120]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the good, true and thankful services done heretofore by his highness's right trusty and well-beloved cousin and councillor John, earl of Mar, lord Erskine, Alloa and Garioch, and his predecessors, in their great care, vigilance and faithfulness in all things that might tend to the advancement of his majesty's honourable affairs, whereof he and his late father gave evident and manifest proof and experience in their worthy, memorable and acceptable pains and travails taken by them in the education of his majesty's most royal person from his birth to his perfect age, and in the like notable service done by the said earl himself in the education of his majesty's dearest son, the prince; and also his majesty, remembering the happy and prosperous journeys and expeditions which the said earl has taken in embassages from his highness, which he has discharged no less dutifully than he has accomplished speedily, to his highness's great contentment; and his highness, being in no way of mind to forget the said great services nor leave the same unrewarded, and finding no means better to reward the same in some part than by the disposition of such rents, revenues, profits and emoluments of the lands, kirks and others particularly underwritten as did pertain of before to the monasteries of Inchmahome, Cambuskenneth and Dryburgh, the same monasteries and superstitions thereof being now abolished, and the kirk lands of the same now annexed to his highness's crown; and therewith considering that the said monasteries have been in all time heretofore commonly conveyed by his majesty's predecessors to some that were from the House of Erskine; and that in respect thereof his majesty, by his highness's charter and infeftment under his highness's great seal, has granted and conveyed to his said right trusty cousin and councillor John, earl of Mar, his male heirs and assignees heritably, all and sundry the lands, baronies, castles, towers, fortalices, manor places, mills, multures, salmon fishings and other fishings, woods, parks, meadows, forests, teinds, teind sheaves, annualrents, feu ferms, mails, duties, casualties, tenants, tenancies, service of free tenants and others whatsoever at length specified and contained in the said charter, which pertained of old to the said priory of Inchmahome and abbacies of Dryburgh and Cambuskenneth, and whereof the priors and abbots of the same have been in possession as parts of the rents and patrimony thereof in any time bygone, together with the advocation, donation and right of patronage of all and sundry the parish kirks, both parsonages and vicarages, of the said monasteries with all their pertinents, all united, annexed and incorporated in a free lordship and barony called, and to be called in all time coming, the lordship and barony of Cardross, as in the said charter containing sundry other commodities, privileges, articles and clauses of the date [...] day of [...] 1604 more fully is contained; therefore, and for the other good causes underwritten, our said sovereign lord and estates of this present parliament ratify, approve and confirm the forenamed charter, with the precept and instrument of sasine following thereupon, granted to his said right trusty cousin and councillor John, earl of Mar, his male heirs and assignees foresaid heritably, of all and sundry the forenamed lands, baronies, castles, towers, fortalices, manor places, mills, multures, salmon fishings and other fishings, woods, parks, meadows, forests, teinds, teind sheaves, annualrents, feu ferms, mails, duties, casualties, tenants, tenancies, service of free tenants, advocation, donation and right of patronage of all and sundry the kirks, both parsonages and vicarages, and others as well general and special mentioned in the said charter, which pertained of before to the said priory and abbacies of Dryburgh, Cambuskenneth and Inchmahome, in all and sundry heads, articles, clauses, circumstances and conditions specified and contained in the said charter with the precept and instrument following thereupon. Moreover, our said sovereign lord and estates foresaid, weighing and considering with themselves the great and weighty causes above-written (which our said sovereign lord and estates foresaid) moved his majesty to the granting of the said infeftment from the beginning, which, being known and manifest in themselves, are most clearly verified and proven to his majesty and estates foresaid in plain parliament, are now found, decreed and declared to be great, evident and reasonable causes tending to the advancement of his highness's honour and to the profit of the common welfare of this realm of Scotland; therefore and for the said John, earl of Mar and his foresaids better and perpetual security of the lands, baronies and others particularly underwritten, which of before were annexed to his highness's crown, our said sovereign lord and estates of this present parliament, by the tenor hereof, expressly dissolve from the act of annexation of all the kirk lands within this realm to his highness's crown and from the patrimony of the said crown, all and sundry the lands, baronies, castles, towers, fortalices, manor places, mills, multures, salmon fishings, other fishings, woods, parks, meadows, forests, teinds, teind sheaves, annualrents, feu ferms, mails, duties, casualties, tenants, tenancies, service of free tenants of the forenamed priory of Inchmahome and abbacies of Dryburgh and Cambuskenneth, with all their pertinents, as well under as above-expressed, so far as might have fallen, or may fall, under the said act of annexation, to remain separate and dissolved therefrom in all time coming to the effect the same may be of new given, granted and conveyed to the said noble earl and his foresaids in manner after-following. Likewise for that effect, his majesty and estates foresaid, by the tenor hereof, suppress, extinguish and abolish forever all and whole the said abbacies of Dryburgh, Cambuskenneth and priory of Inchmahome and the monasteries, with the first order and monastical institutions thereof, and dissolves and disunites all and sundry the kirks underwritten pertaining thereto forever therefrom; and therefore our said sovereign lord and his estates foresaid, by the tenor hereof, for the causes above-written, of new gives, grants and conveys to the said noble lord John, earl of Mar, his male heirs and assignees heritably, all and sundry the lands, baronies and others particularly after-specified which pertained of before to the said priory of Inchmahome and to the said abbacies of Dryburgh and Cambuskenneth as parts of the patrimony thereof, namely: all and whole the lands, baronies and others underwritten which pertained of before to the said priory of Inchmahome: that is to say, all and whole the place and mansion of Inchmahome, with houses, buildings, yards, orchards and dovecots of the same and all their pertinents; all and whole the lands and barony of Cardross, namely: the lands of Arnprior, the lands of East Garden, the lands of Kepe, the lands of Wester Poldar, the lands of Easter Poldar, the lands of Gaitleddernie and Hilton Mill, the mill of Arnprior with the astricted multures, houses, buildings, watergangs, passages and pertinents thereof, the lands of Arnvicar with the lands of Clerkcum, the lands of Gairttours, over and nether, the lands of Lochend, the mill of Cardross, with the astricted multures and sucken of the same and all their pertinents, the lands of Ardinclerich, the lands of Drummancloch, the lands of Blairsesnocht, the lands of Ballingrew, the lands of Hornehaick, the lands of the Wards of Goodie, with the astricted multures of all and sundry the forenamed lands, with tenants, tenancies and service of free tenants of the same and all their pertinents, the lands of Bordland called the Mains of Cardross, with cottages and cottage lands thereof, the loch and isles of Inchmahome, with the salmon fishing and other fishings thereof upon the water of Forth and Goodie, all and whole the meadow, called the Prior Meadow, the lands of Armavak with the pertinents, the kirk lands of Port with houses and yards as well on the north as south side of the kirk of Port lying thereto, the kirk land of Lenzie, the priors' manse or tenement with the yard and pertinents thereof in Stirling, a house and yard with a ruid of land in Dumbarton, and the lands in Row with all and sundry other lands, villages, fishings, annualrents, privileges, liberties, tenants, tenancies, service of free tenants, feu ferms, mail duties, casualties and pertinents whatsoever which pertained of before to the said barony of Cardross and priory of Inchmahome or to either of them, as well not named as named, which his majesty and his estates foresaid have held as expressed in this present act and charter appointed to follow thereupon, and declares the same general clause shall be as sufficient as if the foresaid whole lands with castles, towers, fortalices, manor places, woods, mills, fishings, parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants, feu ferms, mails, ferms duties and casualties were specially expressed in the same, all lying within the sheriffdoms of Perth, Stirling, stewartry of Menteith and [...] respectively. And also all and sundry the lands, baronies and others particularly underwritten which pertained of before to the said abbacy of Cambuskenneth: that is to say, all and whole the place and mansion of Cambuskenneth with houses, buildings, orchards, dovecots, tofts, crofts and all their pertinents, the town, lands, acres and rear land of Cambuskenneth, with the ward, damsyde, Nakit lands, the Craigmyln and mill lands thereof, the lands of East and West Grange with the meadow thereof, together with the teind sheaves and small teinds, both parsonage and vicarage, of all the said lands included, the lands of Cambus, mill, mill lands and pertinents, the lands of Powis House, the lands of Bolfornought and 40 acres of land within the bounds of the barony of Clackmannan, with the pasturage of a sums grass in the commonty of Clackmannan, the kirk land of Clackmannan, the kirk land of Tullibody, the lands of Cowie and Cowiebank, mill, mill lands and pertinents thereof, the lands of Badindaich and Cukispow with the teind sheaves and small teinds, both parsonage and vicarage thereof included, the lands of Muirton, Mobiscroft and their pertinents, the lands of Poppletrees with the teind sheaves and small teinds thereof included, the lands of Saltcoittis, the tenement of land back and fore with the yard and pertinents thereof lying within the burgh of Stirling on the south side of the Bakraw between the land of the late Alexander Christieson on the east, and the lands of the late Robert Graham on the west parts, the burgh mail of the burgh of Stirling, the lands of Kersie, Throsk, Ladyland, Dunipace and Chappellandis thereof, the kirk land of St Ninian, the kirk land of Alva, the kirk land of Tillicoultry and 10 acres of land there, the lands of Kintillis, Kettilstoun Mill, mill lands, multures, sequels and pertinents thereof, the lands of Pitorthie and Balcormo and their pertinents, the lands of Dowglie, the lands of Maler, the kirk lands of Arngask Mill, mill lands, multures, sequels and pertinents thereof, the kirk lands of Lenzie, the kirk lands of Kilmaronock, the kirk lands of Lecropt, the kirk land of Kincardine with St Laurence croft, the kirk land of Forteviot and brew lands thereof, the kirk land of Kippen, the kirk land of Kintillocht, the kirk land of Crathie, the kirk land of Kinnoull, the house, land and pasturage of Camsheny, the hospital of St James at the paved end of the bridge of Stirling, with the lands thereof and all their pertinents, the tenement of land in Edinburgh, the tenement of land in Perth, the tenements of land in Berwick, the tenements of land in Linlithgow, the tenements of land in Crail, the tenements of land in Renfrew, with tofts, crofts and annuals thereof, all and sundry the salmon fishings and other fishings whatsoever in and upon the water of Forth, with a salmon net upon the water of Clyde pertaining of old to the said abbacy of Cambuskenneth as a part of the rent and patrimony thereof, five chalders of wheat and £8 5s sterling money out of the lands of Bothkennar, the tenth part of the ferms of Aythray, a chalder of meal yearly out of the abbacy of Dunfermline, the pension of £5 money out of the kirk of Blair, the pension of £10 money out of the kirk of Glenleith, the pension of £4 sterling money out of the kirk of Kinclaven, an annualrent of 5s sterling money due yearly by the earl of Montrose, an annualrent of £10 sterling money due yearly out of the lands of Plean, together with all other lands, baronies, castles, towers, fortalices, mills, multures, woods, fishings, parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants, annualrents, feu ferms, mails, duties, casualties, privileges, liberties and pertinents whatsoever pertaining of before to the said abbacy of Cambuskenneth as a part of the rent and patrimony thereof, which his majesty and estates foresaid will, grant and ordain to be as sufficient as if the same were specially nominated and expressed herein, all lying within the sheriffdoms of Stirling, Clackmannan, Fife, Perth [...] respectively. And also all and sundry the lands, baronies and others respectively underwritten which pertained of before to the said abbacy of Dryburgh: they are to say, all and whole the place and mansion of Dryburgh, with houses, buildings, yards, orchards and dovecots of the same and their pertinents, the town and lands of Dryburgh, mill, mill lands, mill haugh, sucken, yards, tenements, houses, buildings, tofts, crofts and all their pertinents, the lands of Gledswood, the kirk lands of Smelame and lands of Smelame Spittell, the lands of Broderstanis, the kirk lands of Earlston, the lands of Dogerslate, the lands of St John's Chapel, Caddissie and Haggis, the kirk lands of Lauder, the lands of Over and Nether Scheilfald, the town and lands of Ugistoun, the lands of Banylaw, the lands of Bernis, the lands of Elbottle, the lands of Inglisberrie Grange with the teinds thereof included, the lands of Ivilie, the lands of Foulden, the lands of Baggiswallis, the lands of Bouthatritt, the kirk lands of Saltoun, the kirk lands of Pencaitland, the lands of St Leonard, the lands of Snawdoun, the lands of Triorne, the Channonis croft, the lands of Pettorthie and Innergellie, the acres and house of Anstruther, the kirk lands of Mertoun, the lands of Kersmyre, the lands of Kingston, the yearly annualrent of 30s to be uplifted out of the burgh of Edinburgh, 40s out of the priory of Whithorn, 40s out of Adingstoun by the laird of Craigmillar to be paid, 30s out of the burgh of Dunbar by [...] Kellie to be paid, 20s by [Sir John Murray], laird of Blackbarony, 13s out of St John's Chapel for Birkenside, 20s out of Ednam for the laird of Edmestoun, 13s 4d out of Dalcove by the laird of Shaw, 6s 8d by [John Hay], lord Yester out of Bothanies, 13s 4d out of Lessudane, 6s 8d out of Huntrodlane, and 6s 8d out of Flemington, the salmon fishing with all other fishings whatsoever upon the water of Tweed or any part thereof pertaining of old to the said abbacy of Dryburgh, or which may be known to pertain thereto by whatsoever evident, infeftment, document or lawful probation whatsoever, and all other lands, baronies, castles, towers, fortalices, houses, buildings, yards, mills, multures, woods, fishings, parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants, annualrents, feu ferms, mails, duties, casualties, privileges, liberties, commodities and pertinents whatsoever pertaining of before to the said abbacy of Dryburgh, as well not named as named, which his majesty and estates foresaid will, grant and ordain shall be as sufficient as if the same were specially inserted and expressed in this present act and charter appointed to follow thereupon, all lying within the sheriffdoms of Roxburgh, Berwick, Lanark, constabulary of Haddington, [...] respectively. With power to the said noble lord John, earl of Mar, his male heirs and assignees foresaid, to intromit with and take up all and sundry the feu ferms, mails and duties of the forenamed lands, baronies, mills, fishings and others, both general and special before contained, which pertained of before to the said priory and abbacies or any of them from the feuars, tenants and others subject and due in payment thereof, and to receive and enter the heirs that shall happen to succeed to them therein in immediate tenants to them of the same, and to grant them precepts of clare constant or new infeftments thereupon likewise as freely and amply in all respects as his majesty might have done himself before the making of this legislation. With power also to the said earl and his foresaids to call and pursue all and sundry the pretended heritable feu farmers of the forenamed lands, baronies and others above-written for production and reduction of whatsoever pretended infeftments, rights and titles granted to them of the same lands, baronies and others above-specified, or any part thereof, for whatsoever reason and cause now competent, or that may be in any way competent by the laws of this realm, either through not fulfilling of any head, article or provision contained in their infeftments, or through any other cause or occasion whereby the same may be any way reduced, rescinded or annulled, either by way of action, exception, reply or otherwise as may stand with the laws and practice of this realm, in the same way as his majesty himself, or any other superior within this realm, has done or may do in such cases. Moreover, our said sovereign lord and estates foresaid, understanding that the parish kirks underwritten, which pertained of before to the said priory of Inchmahome and abbacies of Dryburgh and Cambuskenneth, and which disunited and dissolved therefrom by the tenor of this present act in manner underwritten, namely: the kirks of Kilmadock, Port, Lenzie and Lintrathen, both parsonages and vicarages thereof, which pertained of before to the said priory of Inchmahome; the kirks of Cambuskenneth, Tullibody, Clackmannan with the pendicle thereof called the chapel or kirk of Alloa, the kirk of the Kirkton, alias St Ninian's kirk, with the pendicles thereof, namely: the chapel or chapel kirks of Laithbairt, Dunipace, Muir and Gargunnock, the kirks of Kincardine, Kippen, Kilmaronock, Lecropt, Lenzie, Alva, Tillicoultry, Kinnoull, Forteviot, Arngask and Crathie, both parsonages and vicarages thereof, [...] with all prebendaries and chaplainries belonging thereto, which pertained of before to the said abbacy of Cambuskenneth; and the kirks of Smallholm, Mertoun, Maxton, Lessudane, Lauder, Gullane, Chingilkirk, Saltoun, Pencaitland, Kilrenny, Lanark and Pettinain, both parsonages and vicarages of the same, which pertained of before to the said abbacy of Dryburgh, are and were for the most part destitute of preaching of the word of God and comfort of the same in default of sufficient pastors and ministers these many years bygone; and his majesty, willing that the same parish kirks be in all time hereafter planted with sufficient and learned ministers for instruction of the people in that faith presently professed within this realm and whereof his highness is most zealous, and knowing the good zeal and ardent affection of the said John, earl of Mar, and that he will omit nothing which may tend to the furtherance of God's glory, therefore our said sovereign lord has erected and erects all and sundry the particular parish kirks of the said three abbacies above-written in several and distinct parsonages and vicarages, and ordains the same in all time coming to be called the parsonages and vicarages of Kilmadock, Port, Lenzie, Lintrathen, Cambuskenneth, Clackmannan, Kirkton and St Ninian's kirk, Kincarne, Kippen, Kilmaronock, Lecropt, Lenzie, Alva, Tillicoultry, Kinnoull, Forteviot, Arngask, Crathie, Smallholm, Mertoun, Maxton, Lessuden, Lauder, Gullane, Chingilkirk, Saltoun, Pencaitland, Kilrenny, Lanark and Pittinain; and wills and declares that the foresaid parsonages and vicarages shall be provided and planted with qualified godly and learned persons apt and able to instruct the parishioners thereof in the known verity. And to that effect his highness and estates foresaid have given, granted and conveyed and, by the tenor hereof, give, grant and convey to the said noble lord John, earl of Mar and his foresaids heritably the advocation, donation and full right and title of all and sundry the foresaid kirks, parishes, as well parsonages as vicarages of the same, and with all and sundry privileges, liberties and commodities whatsoever pertaining thereto; and makes, constitutes and ordains the said earl and his foresaids lawful and undoubted patrons of all and sundry the foresaid parish kirks, parsonages and vicarages thereof for ever, with full power to him and his male heirs and assignees foresaid to present qualified and sufficient persons to all and sundry the said kirks according to the laws, acts and constitutions of this realm in all time coming, how often and so often as the same shall happen to fall vacant, either by decease, deprivation, demission or for whatsoever other cause or occasion competent by the laws of this realm, and generally all and sundry other liberties and privileges which by the said advocation and right of patronage of the foresaid kirks, parishes, parsonages and vicarages thereof, pertains or belongs, in the same way and as freely as any other patron within this realm in the like cases may do, or does. Moreover our said sovereign lord and estates foresaid, for the cause above-written, have united, annexed and incorporated and, by the tenor hereof, unite, annexe and incorporate all and sundry the foresaid lands, baronies, woods, mills, fishings, annualrents and others particularly and generally above-mentioned, with castles, towers, fortalices, manor places, woods, forests, mills, fishings, parts, pendicles, annexes, connexes, tenants, tenancies, feu ferms and duties of all and sundry the forenamed lands and baronies, woods and fishings, which pertained of before to the said priory of Inchmahome and abbacies of Cambuskenneth and Dryburgh, with advocation, donation and right of patronage of all and sundry the foresaid kirks, parsonages and vicarages as said is in a whole and free lordship and barony, to be called in all time coming the lordship and barony of Cardross; and ordain the manor place of Cardross to be the principal messuage thereof, and a sasine to be taken thereat to stand and be sufficient sasine for the said whole lands and others above-written, and give to the said noble lord, his heirs and successors that shall happen to be provided by him to the said lordship and barony of Cardross, the honour, estate, dignity and pre-eminence of a free lord of parliament, to be called Lord Cardross in all time coming, with all honours and privileges belonging thereto, and that the said lordship and barony shall in no way be accounted amongst the ecclesiastical lands of this realm, but shall be taxed with the temporal lands thereof, and shall be esteemed, judged and retoured in all brieves, services and retours in time coming to one hundred pound land of old extent; and also decree and declare that the said lordship and barony of Cardross shall be free from all payment of any thirds, first fruits, fifth penny and monks' portions which may be asked and acclaimed by whatsoever laws, acts and constitutions out of the said abbacies and priories respectively foresaid, and declares the old assumption or whatsoever new assumption thereof to be totally extinguished and extinct, forever to be held all and sundry the foresaid lands, lordship and barony of Cardross, comprehending as is above-specified, in free heritage, free lordship and free barony forever, by all rights, marches etc., paying for that yearly the said noble earl and his foresaids to our said sovereign lord and his successors the sum of 500 merks usual money of Scotland in name of blench ferm only, reserving always to the said David [Erskine], commendator of the abbacies of Dryburgh and Inchmahome, and Adam [Erskine], commendator of Cambuskenneth, the rents, revenues and emoluments whatsoever of the said lands, baronies and others particularly above-written in the same way and as freely as they possessed and held the same before the making of this act. And in respect of the said reservation, his highness exonerates the said earl and his foresaids of all payment of the said blench ferm duty during all the days of their lifetimes, and hereupon his majesty and estates foresaid ordain a charter to be made, granted and completed to the said noble lord John, earl of Mar, his male heirs and assignees foresaid, or to any others whom he shall nominate and think expedient, to be extended in due and ample form, with all clauses necessary, containing such other privileges and liberties therein as it shall please his majesty to grant therewith to them; which new infeftment so to be passed his majesty and estates foresaid decree and declare to be sufficient, valuable and effectual in all time coming for holding, enjoying and possessing of all and sundry the forenamed lands, lordships, baronies and others, both general and special, particularly before expressed, with all their pertinents, as their heritage at their pleasure; declaring by this act that the foresaid infeftment to be passed as said is shall be a sufficient right to the said noble lord and his foresaids for holding and enjoying of all and sundry the forenamed lands, baronies, tenements and others generally and specially before expressed, whereof the said commendators and priors by themselves, their tenants and others in their names, have been in possession by the space of 40 years bygone preceding the date of this act. Reserving and excepting always out of this present act and erection foresaid all regalities and privileges thereof (if any be) possessed by the abbots and titulars of the said abbacies and priory of Dryburgh, Cambuskenneth and Inchmahome of before to remain with our sovereign lord and his highness's successors and their crown inseparably in all time hereafter.
[1605/6/121]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and confirmed and, by the tenor of this present act, ratify, approve and confirm the two charters underwritten; the one thereof made by our sovereign lady, [Anne], the queen's majesty, with express consent, assent and authority of our said sovereign lord, his highness's dearest spouse, and her majesty's councillors, under-subscribers thereof, to Alexander, earl of Dunfermline, chancellor of this realm of Scotland, styled in the said infeftment Alexander Seton, lord Urquhart, and his male heirs therein specified, making, constituting, creating and ordaining the said noble lord and his said male heirs undoubted and irrevocable keepers, guardians or constables of the palace of Dunfermline, and others specially enumerated in the said charter made thereupon, and for keeping thereof conveying and assigning to the said Alexander, lord Urquhart and his foresaids, for his fee in the said office, the particular teind sheaves and others expressed in the said charter made thereupon, as the same of the date 15 February 1596 [1597] in the self at more length purports; and the other of the said two charters made by our said sovereign lady, with consent foresaid, to the said Alexander, earl of Dunfermline, styled in the said charter Alexander, lord Urquhart, and his heirs therein mentioned, of all and whole the heritable offices of bailiary and justiciary of the lordship and regality of Dunfermline, lying upon the south side of the water of Forth and of all and sundry lands of the lordship and regality of Dunfermline, rooms, possessions and teind sheaves therein contained, conveyed to him for his fee of the said offices of bailiary and justiciary, as the said charter made thereupon of the date 20 February 1596 [1597] in the self at more length purports, in all and sundry heads, points, articles, clauses and circumstances thereof; and decrees and ordains the said two charters to be sufficient and valuable rights and titles to the said Alexander, earl of Dunfermline and his heirs mentioned therein for the peaceable possessing and enjoying of the said offices and possessing of the lands, teinds, fees and other duties particularly mentioned in the said charters without any stop, trouble or impediment to be made to him and his foresaids relating thereto upon any occasion bygone, present or to come, and after the form and tenor of the said two charters in all points. And forasmuch as by an act made in the 13th parliament held by our sovereign lord upon 21 July 1593 and the 189th act of that parliament, the whole lands, lordships, houses, castles, buildings, teinds, fruits, rents, commodities and whatsoever others pertaining to the said abbey and monastery of Dunfermline are specially annexed to the crown, as the said act itself does make large record; therefore our said sovereign lord and estates foresaid have dissolved and, by the tenor of this present act, expressly dissolve the foresaid annexation contained in the said act in so far as the same may be in any way extended to the said heritable office of bailiary and justiciary and constabulary above-specified, or to the lands, rooms, possessions, teinds or other duties enumerated in the said two charters conveyed to the said noble lord and his foresaids in manner therein contained for his fee in the said offices. And our said sovereign lord and estates decree, declare and ordain this present dissolution of the said annexation, which is made only in this part thereof and so far as concerns the said two charters and contents thereof respectively as said is, and no further, to stand in all time coming and to be of full force and effect to the said Alexander, earl of Dunfermline and his heirs specially designed in the said two charters for the peaceable holding and possessing of the said offices, fees, duties and others conveyed respectively by the said two charters and either of them, which are not nor shall not be comprehended in the said annexation, but shall be and are totally excluded therefrom and excepted out of the said act so that the same shall remain sure and valuable to the said Alexander, earl of Dunfermline and his foresaids for now and ever, after the form and tenor of the said two charters made thereupon in all points, notwithstanding of the said annexation and without any danger or quarrel to ensue thereupon, and also notwithstanding of whatsoever other act, law or constitution made in any time bygone, or which may be hereafter made in any time coming, which may derogate to the validity of the said two charters or either of them in whole or in part of the same, dispensing therewith and with the effect thereof for now and ever; and decree and declare this present ratification, dissolution and exception from the said annexation to be as valuable, sufficient and effectual in all respects as if the same had been made and done in parliament at the very time of the making of the said act of annexation of the said abbacy or of before or as if the said exception and ratification had been specially and expressly inserted in the said act of annexation; and therefore, and for the better corroboration of the said two charters and establishing of the undoubted right of the said offices and fees and others therein contained in the person of the said Alexander, earl of Dunfermline and his heirs contained in the same, our sovereign lord and estates ordain the said two charters to be engrossed at length in this present act, of the which respectively the tenor follows:
Anne, by the grace of God, queen of Scots and lady of the lordship of Dunfermline, gives eternal greetings in the Lord to, all and singly, those who shall see and hear this letter. Since, whole and complete, the lordship of Dunfermline and, all and singly, the barony, lordships, lands, properties and lochs of the same, together with, all and singly, the churches, chapels, teinds, teind sheaves and other small teinds, which previously belonged to the former abbots, commendators and community of the monastery of Dunfermline while the monastery was in existence and annexed and incorporated to the same monastery, have been given and granted to us and our heirs, legitimately born or to be born to the most illustrious and serene prince James, by the grace of God, king of Scots, our most beloved husband, and ourselves, whom failing, to any legitimate and closest heirs of the said most serene king, by this grant of the entire foresaid lordship, so it is of the entire monastery and palace adjacent to it we have received full investiture. Further, we, considering how necessary it is that the foresaid palace of ours of Dunfermline and all the buildings pertaining to it should be kept patched and roofed, and that the orchards and gardens within the bounds and walls of our said palace should be carefully looked after, lest by negligence and the passage of time they deteriorate (which often happens with this kind of palace unless diligent care is taken, and unless a careful and prudent keeper is found and put in place for the same palace, buildings and gardens), it is agreed that, all and singly, our lochs lying within our lordship and the sheriffdom of Fife should be looked after with equal care and assiduity, lest straying and wandering fish bred or to be bred in the said lochs should be plundered. We therefore let it be known on the basis of the foregoing and with the consent of the said most illustrious and serene prince and also of our councillors mentioned below, proceeding diligently to treat for the utility of our aforesaid heirs and successors in this part, as seen before, that we have made, constituted, created and ordained, and by the wording of the present charter do make, constitute and ordain that our beloved councillor Alexander Seton, lord of Urquhart, president of the council and session of our said supreme lord the king, and his male heirs born or to be born legitimately, whom failing Sir William Seton of Kylesmure, his full brother, and his male heirs born or to be born, all of whom failing any male heirs of the said Alexander, lord Urquhart bearing the name and arms of Seton, as indubitable and irrevocable keepers, guards or constables of our said palace of Dunfermline and the chief messuage of the lordship of the same, with, all and singly, houses, buildings, gardens and orchards within the walls and precinct of the same, and also of, all and singly, the undernoted lochs lying in our foresaid lordship of Dunfermline and within the sheriffdom of Fife, namely Loch Fitty, Black Loch, [...], plus, all and singly, the other lochs relating or pertaining to our said lordship of Dunfermline, lying in the said sheriffdom of Fife, with power and authority to the said Alexander, our foresaid councillor and his foresaid heirs and successors, by themselves and by their deputies for whom they shall be held to answer, to look after our palace, houses, buildings, gardens or orchards within the foresaid precincts, to put in place and remove janitors or porters of our said palace, to inspect and correct gardeners and other servants of this kind, and also to convey the foresaid lochs and the fish in them now and in the future to the use of ourselves and our successors, and if necessary to put boats on the said lochs as it seems expedient; to keep everyone else without a legal right in relation to the said lochs from any fishing in these lochs; also to inspect and correct (if the situation so demands) workmen in the building or repair of the said palace and the said buildings, that is to say masons, joiners, roofers and other workers of this kind who shall do work in the future, so that our palace can be kept in good repair and roofed at the expense of ourselves and our successors. In return for this role of keeper, guard or constable of our said palace, with its pertinents, and of the foresaid lochs, we, with the advice and authority mentioned above, have given, granted, conveyed and assigned, and by the wording of the present document do give, grant, convey and assign, to the foresaid Alexander, lord of Urquhart and his male heirs mentioned above, for their feu in the said office of guardian or constable as mentioned above, all and singly, the teinds and teind sheaves of our lands of Masterton and Pitliver in our said lordship of Dunfermline, incorporated and lying in the said sheriffdom of Fife, with all their ferms and dues, and also with the power and free authority and in all respects our right to levy and receive the said teinds and teind sheaves of the foresaid lands from the occupants and tenants of the same, and whenever necessary to publish and publicise letters of inhibition, and if circumstances demand in the case of deprivation of the said teind sheaves raising an action or actions before a competent judge and terminating at the due limit, just as we could have done before the completion of our present charter. The said office of keeper, guard or constable of our said palace of Dunfermline with, all and singly, houses, buildings, gardens and orchards within the walls and precinct of the same, and of, all and singly, the lochs mentioned above, with the said teind sheaves of our said lands of Masterton and Pitliver, are all to be held and had by the said Alexander, lord of Urquhart and his foresaid male heirs, from ourselves and our heirs born or to be born to us and to our said supreme lord the king, whom failing any heirs and successors of our said supreme lord the king in fee and heritage in perpetuity with, all and singly, the rights, privileges, usages and advantages pertaining, relating or justly able to relate to the said office of keeper or constable, without any reservation, impediment or obstacle. In return, each year the said Alexander and his foresaid male heirs shall render to us and our foresaid heirs and successors, the service of the said office, together with a silver penny, at our said palace on the feast of Pentecost as blench ferm if sought, only, instead of any other burden, exaction, requirement or demand which could justly be justly exacted or required by anyone from the said office with the said teind sheaves. We, with the consent and authority of the foresaids, our forementioned heirs and successors, shall guarantee, discharge and in perpetuity defend against all mortals the foresaid office of keeper, guard and constable, together with the foresaid teind sheaves of our said lands of Masterton and Pitliver, as for a feu of the said office, in favour of the foresaid Alexander, lord of Urquhart and his male heirs, in all and through all, in form and in effect, as has been said. Further, we give greetings to our beloved James Harper and to any of you, jointly and severally, our sheriffs specially constituted in that part. We instruct and mandate you that, having had sight of the present document, you forthwith hand over, deliver and make happen the standing, hereditary sasine equally and the possession - corporeal, real and actual - of the foresaid office of keeper, guard and constable of our said palace of Dunfermline with, all and singly, houses, buildings, gardens and orchards within the walls and precinct of the same, and of, all and singly, the foresaid lochs, with, all and singly, the teind sheaves of our lands of Masterton and Pitliver with all their ferms and dues as if for a feu of the said office to the foresaid Alexander, lord of Urquhart or his approved attorney as bearer of the present document by handing over the keys of our said palace of Dunfermline at the same palace, which will stand and be a sufficient sasine for the said office and teind sheaves and also the lochs specified at greater length above. And you shall in no way omit to do this. In order to carry this out, we grant to you and any of you, our foresaid bailies in that part, our full and irrevocable authority by the wording of the present document. In testimony of this we have arranged, by our own hand and by the hands of our supreme lord the king, for our seal to be appended to the present document, as a sign of of his consent to the foregoing and of that of our foresaid councillors. At Holyroodhouse on 15 February in the year of the Lord 1596 [1597], and in the thirtieth year of the reign of our supreme lord the king. Thus it is signed: James Rex, Anne Regina, John Lindsay [of Balcarres], [Walter Stewart, commendator of] Blantyre, [Peter Young of Seaton], master almoner, M[aster] T[homas] Hamilton [of Drumcairnie], Master James Elphinstone [of Barnton].
Follows the other charter:
Anne, by the grace of God, queen of Scots and lady of, whole and complete, the lordship of Dunfermline, gives eternal greetings in the Lord to, all and singly, those who will see or hear this charter. Since it was found very necessary and expedient by our lord the king, our dearest husband, and to our councillors that hereditary bailies should be ordained and established for the administration of justice in, all and singly, the lands of the regality and our lordship of Dunfermline lying on the south side of the Forth, for our vassals, occupiers and inhabitants, just as many years ago a hereditary bailie was established to dispense justice to the vassals, tenants, occupiers and inhabitants of, all and singly, the other lands, lordships and other things of our same lordship and regality of Dunfermline on the north side of the Forth, and that to the great benefit and convenience of our said lordship and regality, so we, with the consent and authority of the said most illustrious prince, our husband, after consideration regarding that with our councillors, and fully persuaded of the loyal service rendered in many ways to us in the past after our arrival in this realm of Scotland by our beloved and loyal councillor Alexander Seton, lord of Urquhart, president of the council of our supreme lord the king, and to be rendered in future, and considering the qualities suitable for matching prudently and lawfully with the incumbent of the post of hereditary bailie of the said regality, by reason of all of this, and it being known to us and to the said most illustrious prince, our husband, that recently David Durie of that Ilk, unchallenged hereditary bailie of, all and singly, the baronies, properties and lordships of our said lordship and regality of Dunfermline lying on the said north side of the Firth of Forth, with the consent of Robert Durie, his son and heir apparent, transferred for substantial sums of money the entire right and title which he had in respect of the said bailiary, feus, things appertaining and casual payments pertaining to the same, by surrender into our hands, which was properly and lawfully made in favour of the said Alexander, lord of Urquhart and his male heirs, and also that from that transfer the same Alexander, our councillor, for himself and his heirs mentioned below, was invested by us with that bailiary, and finally understanding that our said councillor and his male heirs would be prominent in the government and jurisdiction of, all and singly, our people, tenants and vassals of, whole and complete, our foresaid lordship and regality wherever they lie within our kingdom of Scotland, and finally after the receipt of large sums of money from our foresaid councillor for the reasons mentioned above and destined for our use, therefore be aware that we, with the express consent and assent and authority of the foresaids, have given, granted, surrendered in heritage and by this charter of ours do confirm, and also by the wording of the present document do confirm to the foresaid Alexander, lord of Urquhart and his legitimate male heirs born or to be born (whom failing, Sir William Seton of Kylesmure, his full brother, and his legitimate male heirs born or to be born, all of whom failing, any male heirs of the said Alexander, lord of Urquhart bearing the name and arms of Seton), whole and complete, the hereditary office of bailie and justice of our lordship and regality of Dunfermline, and of, all and singly, any lands, properties and possessions relating to our foresaid lordship irrespective of where they lie within our realm of Scotland on the south side of the firth and river of Forth, and that we have made, established and ordained, and by the wording of the present document do make, establish and ordain the said Alexander, lord of Urquhart and his male heirs as mentioned above as our true, lawful, indubitable and irrevocable hereditary bailies and justices of our said lordship and regality within the foresaid bounds, and that we have given, granted, conveyed and assigned, and by the wording of the present document, with the express consent and assent and authority as above, we do give, grant, convey and assign in favour of the foresaid Alexander, lord of Urquhart and his male heirs mentioned above, all and complete, our teind sheaves of our townships and lands of Stonyhill and Whitehill, with their pertinents, incorporated in our said lordship of Dunfermline lying on the said south side of the firth and river of Forth, within our regality of Dunfermline and the sheriffdom of Edinburgh, as if by a feu of the said offices of bailie and justice, with all their ferms and dues, and also with the authority, free facility and advantage, by our right, to levy and receive the said teind sheaves of the foresaid lands as appropriate from occupiers and tenants of the same, and whenever needed to issue and announce letters of inhibition, and to raise a suit or suits for deprivation of teind sheaves (if circumstances demand) before a competent judge, and to finish them at their due limit, just as we could have done before the completion of our present charter. We warn and advise holders of feu ferm, tenants, ferm holders and possessors of the foresaid lands that they are annually (as has been said) to respond to and to obey, promptly and with expedition, the foresaid Alexander, lord of Urquhart and his foresaid heirs concerning these, with full authority to the foresaid Alexander, lord of Urquhart and his forementioned male heirs to hold, fix, affirm and continue courts of our said lordship and regality of Dunfermline regarding, all and singly, the lands, lordships, properties, possessions and any other things within the forementioned bounds or any part of them whenever it seems expedient, for the administration of justice in relation to the feu ferm holders, tenants and occupiers of the forementioned lands and other things already mentioned, and others who have an interest, according to the tenor and order of law and the order of the persons concerned, for crimes, the condemned, the cleared and escheats, to levy and receive one half of the same and apply it to their own uses, and to collect, deliver and render account in respect of the other half, in favour of us, our successors and their chamberlains at the time. Also [we grant the authority to] levy and intromit bloodwit and amercements of the courts of our said lordship and regality of Dunfermline within the prescribed boundaries, and in that regard to impound and distrain and apply these to their own uses and advantages for their labours; also to arrest and accuse the foresaid feu ferm holders, tenants and occupiers of the said lands, properties and possessions before any judges spiritual or temporal within the borders of Scotland, for any actions, charges or causes, at the privilege and liberty of our said lordship and regality, and at the courts of the said bailiary and regality to release on bail and bring to court; to apply caution of culrath for parties complaining on grounds of justice, and to grant and to find, and to create and substitute bailies or justices depute (one or more) under them with no less authority, status and condition than their principals, together with clerks, serjeants, dempsters and all other officials and members of the court; also to receive their oaths for the loyal administration of justice, for which they will be held to answer, and to cite, summon and cause assessors, inquisitors and witnesses to compear before them under pain of the law, and generally do, carry out and exercise everything is considered to pertain to the offices of the said hereditary bailie and justice or which we could do ourselves if we were personally interested, holding and to hold in future as approved and fixed all of whatever our said bailies have considered it proper to do in respect of the foregoing with, all and singly, the liberties, advantages, profits and their pertinents relating or able justly to relate in any way in future to the foresaid office of hereditary bailie and justice, freely, quietly, fully, completely, honourably and in peace, without any impediment, contradiction, revocation or obstacle. Whole and complete, the foresaid office of hereditary bailie and justice of our above-mentioned lordship and regality within the boundaries mentioned above, together with the levying and receipt of the foresaid teind sheaves in our townships and lands mentioned above, and the granting and assigning of them for feu as has been said, with full jurisdiction and, whole and complete, the privileges, usages, advantages and casualties of the type and form mentioned in detail above, are to be held and had by the foresaid Alexander, lord of Urquhart and his male heirs born or to be born legitimately, whom failing the said William Seton, his full brother, and his male heirs born or to be born legitimately, all of whom failing, any male heirs of the said Alexander, lord Urquhart, in heritage from us and the heirs and successors of our said supreme lord the king and ourselves, in fee and heritage in perpetuity. In return, each year the foresaid Alexander, lord Urquhart and his heirs as said above shall be bound to render to us and our successors as by law the foresaid due service in the said office of bailie and justice according to the wording of our present charter of enablement and infeftment, and also one silver penny annually at the feast of Pentecost as blench ferm if sought, only, instead of every other burden, exaction, requirement or demand which could in any way be exacted or required of the foresaid offices of bailie and justice with feu and everything else mentioned above. Further, we give greetings to our beloved James Richardson of Smeaton and any of you, jointly and severally, our bailies specially constituted in that part. We firmly order and instruct you and any of you that, having had sight of the present document, you forthwith hand over and deliver, or one of you will hand over, deliver and make to happen, the status, hereditary sasine equally and the possession - real, actual and corporeal - of the foresaid office of hereditary bailie and justice of our said lordship and regality of Dunfermline within the forementioned boundaries, with, all and singly, the teind sheaves of our foresaid lands and townships of Stonyhill and Whitehill, with all the ferms of the foresaid lands as if for the feu of the said office, to the foresaid Alexander, lord of Urquhart or his approved attorney as bearer of the present document by handing over the court book of the foresaid lordship and regality within the same boundaries, which will stand and be a sufficient sasine for all the things mentioned above, and the teind sheaves, of the said office of hereditary bailie and justice - at the tolbooth of Musselburgh, following the contents of our charter as written above. And you shall in no way omit to do this. In order to carry this out, we grant to you, and any of you, our foresaid bailies in that part, our full and irrevocable authority with the consent, assent and authority as above by the wording of the present document. In testimony of this we have arranged, by our own hand and by the hands of our supreme lord the king and our dearest husband, and that of our foresaid councillors, for our seal to be appended to the present document, as a sign of their assent and consent to the foregoing. At Holyroodhouse on 20 February in the year of the Lord 1596 [1597], and in the thirtieth year of the reign of our supreme lord the king. Thus it is signed: James Rex, Anne Regina, Master John Lindsay [of Balcarres], [Walter Stewart, commendator of] Blantyre, Master James Elphinstone [of Barnton], [Peter Young of Seaton], master almoner.
[1605/6/122]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened ratify, approve and confirm the charter and infeftment under the great seal made and granted by his highness after his majesty's perfect age of 25 years complete and general revocation made in parliament to his beloved William Livingstone of Kilsyth, then styled fiar of Kilsyth, and his male heirs and of tailzie therein specified, of all and whole the lands and barony of Wester† Kilsyth with towers, fortalices, mills, multures, woods, salmon fishings, annexes, connexes, pendicles, outsets, tenants, tenancies and service of free tenants thereof, together with the advocation, donation and right of patronage of the kirk and parish of Campsie, parsonage and vicarage thereof, with other lands mentioned in the said charter, united and annexed in a free barony, and all privileges thereof, containing a clause of novodamus and taxed ward with other privileges specified therein, as the foresaid charter of the date at Edinburgh, 1 August 1592 at more length purports, in all and sundry heads, points, clauses and articles contained in the same charter. And our said sovereign lord and estates foresaid declare, statute and ordain that the foresaid charter and infeftment shall stand in all time hereafter in full strength and vigour, and shall be effectual to the said William Livingstone of Kilsyth and his said male heirs and of tailzie therein specified, and their successors, for possessing and enjoying of the foresaid lands and barony, mills, patronage and others particularly specified in the said charter and infeftment after the form and tenor thereof in all points, notwithstanding any act made or to be made in the contrary that may appear to derogate the same in any part thereof; and to be as valid and sufficient as if the said charter had been at length word by word engrossed herein.
[1605/6/123]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened ratify, approve and confirm the charter and infeftment under the great seal made and granted by his highness, with advice and consent of his majesty's commissioners and lords of exchequer, to his trusty and familiar councillor Master James Elphinstone of Barnton, one of the senators of the college of justice, now Lord Balmerino, and his male heirs and tailzie therein specified, of all and whole the lands of Over Barnton, with the tower, fortalice, manor place, tenants, tenancies, service of free tenants and all their pertinents, lying within the barony of Barnton and sheriffdom of Edinburgh, containing clause of novodamus and disposition of the foresaid lands, and lands of Craigschott, Blakleithie, Muresyd and King's Meadow and Muir of Cramond, with advocation, donation and right of patronage of the parsonage and vicarage of the kirk and parish of Cramond, dissolved from the bishopric of Dunkeld and united to the said lands of Over Barnton, as the said charter of the date at Falkland, 11 August 1597 at more length purports; and also another charter and infeftment under the great seal made and granted by our sovereign lord to the said Sir James Elphinstone of Barnton, knight, his highness's secretary, in liferent for all the days of his lifetime, and to James Elphinstone, his eldest lawful son procreated between him and Dame Marjorie Maxwell, his spouse, and his male heirs and of tailzie therein specified heritably, of all and whole the lands called the Mains of Ballumbie, with tower, fortalice, manor place, houses, buildings, yards, orchard, parts, pendicles and pertinents thereof, and also of the Mill of Ballumbie, with mill lands, multures and pertinents thereof, lying within the sheriffdom of Forfar, with advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk of Barry, with the vicarage pensionary of the same; and also of all and whole the lands of Innerpeffer with parts, pendicles, annexes, connexes, dependancies, tenants, tenancies and service of free tenants of the same lying within the said sheriffdom of Forfar; together with the advocation, donation and right of patronage of the kirk and parish of Monifieth, parsonage and vicarage thereof, and parsonage and vicarage of Ballumbie, with all profits and commodities of the same, containing a clause of novodamus of the foresaid lands, mill, patronages and others above-written; together also with the advocation, donation and right of patronage of the kirk and parish of Auchterhouse, parsonage and vicarage thereof, being one of our sovereign lord's common kirks, as at more length also is contained in the said last charter of the date 23 August 1602, in all and sundry heads, points, clauses and articles contained in the same two charters and each one of them. And our said sovereign lord and estates foresaid declare that the foresaid two charters and infeftments shall stand in all time hereafter in full strength and vigour, and shall be effectual to the said James, lord Balmerino and his said son, their male heirs and of tailzie therein mentioned and their successors, for possessing and enjoying of the foresaid lands, mills, patronages and others particularly specified in the said two charters and infeftments after the forms and tenor thereof in all points, and the same to be in all time coming irreversible and irrevocable in any manner of way whatsoever, and to be as valuable and sufficient as if the same two charters had been at length word by word engrossed herein.
[1605/6/124]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of the parliament of Scotland presently convened, considering the princely duty which binds his highness in the example of his most noble progenitors to impart to his most loving subjects such honours and dignities as their merits and virtuous acts in great services and profitable offices to his majesty and the common good justly requires, to the end that not only by gratification of his highness's well affectioned subjects they might continue their ardour and affection in well doing, 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 common good and honour of the realm; and herewith his majesty, remembering that his highness's dearest cousin Ludovic, duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny etc., is not only descended of his majesty's blood royal and near in consanguinity to his highness, but also his majesty, remembering the manifold true, diligent and faithful services done to his highness at all times by his said dearest cousin and his promptitude and readiness in the said service as he was required, as well within the realm of Scotland as in the realms of France and England, to the which realms he for his worthiness, knowledge, discretion and wisdom, beside the great dignity and room to which he was called, was diverse times directed ambassador for sundry great affairs and worthy matters concerning his majesty's person and the particular well and estate of the realm of Scotland, whose great diligence and faithful service brought ever with it a happy success tending to the well and honour of his majesty and the crown and to the particular commodity and profit of the realm of Scotland; and his majesty and the said estates of this present parliament, having special regard and respect to the said particular services done by the said Ludovic, duke of Lennox, besides many other notable services done by him to his majesty as well in his private and domestic affairs as for the profit and commodity of the said realm of Scotland, for the which he has not only as yet remained unrecompensed, but also the greatest part of the said services were done and performed by him in foreign realms upon his own proper charges and expenses (in no way as yet recompensed), for the which he was forced to engage a great part of his lands and heritage; which all being considered by his highness and estates foresaid, his majesty, with their advice and consent, following the honourable and laudable example of his most noble progenitors, has thought and esteemed most agreeable with his princely duty that his said dearest cousin shall be respected in honour and dignity with such benefit as for the present his majesty may give with least hurt to his highness's crown of Scotland, to the time some better occasion may be offered more amply to remunerate his said service to the end he may be the better moved to continue in the promptitude of his said service and thereby give others occasion to follow his good example; 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 the particular well of the realm by his said dearest cousin, 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, valid and reasonable causes for the well of his majesty and of his said highness's realm of Scotland; and also his majesty and estates foresaid find, decree and declare that his majesty with their advice and consent may, for the said valid causes which they have known and tried to be for the valid well of his majesty and realm of Scotland as said is, give, alienate and convey any part of the lands annexed to his majesty's crown to his said dearest cousin, his heirs and successors heritably, to be held in such manner and for such yearly duty as his majesty pleases, and to that effect that the annexation of the lands to the crown which are to be given, alienated and conveyed shall be simply dissolved from the crown for ever, that the same may be given, alienated and conveyed to his said dearest cousin, his heirs and successors heritably, and the said estates being ripely and gravely advised what his majesty may give, alienate and convey to his said dearest cousin with least detriment to his majesty's 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, patrimony, property and superiority with the feu ferms, rents and duties of the abbacy and priory of St Andrews, 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, kirks, teinds, fruits and rents thereof being in his majesty's hands by demission and resignation made of the same by the prior and convent of the said abbey, their lawful procurators 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 valid causes above-written, be given and conveyed to the said Ludovic, duke of Lennox, his heirs and successors heritably, in most ample, competent and due form; and therefore, the said estates of parliament find it necessary and expedient that our said sovereign lord, by his majesty's infeftment to be made with advice of his highness's ordinary officers, shall erect, unite, annex, create and incorporate all and sundry lands, lordships, baronies, mills, woods, fishings, parks, forests, mansions, manor places, yards, orchards, kirks, colleges, teind sheaves and other teinds, fruits, rents, emoluments, feu ferms, mails, ferms, annualrents, kanes, customs, casualties, tenants, tenancies, service of free tenants and all other profits, rights, emoluments and duties whatsoever pertaining or that righteously have pertained to the said priory and abbacy of St Andrews, patrimony and property thereof, both temporality and spirituality of the same, and whereof the priors and convents of the said abbey have been in possession in any time bygone in a whole and free temporal lordship, barony and estate of a temporal lordship of his highness's parliament, and that the same, 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 badge and arms, shall be for the valid causes foresaid given, alienated and conveyed to the said Ludovic, duke of Lennox and his male heirs lawfully procreated, or to be procreated, of his body, which failing to Esme Stewart, his brother-german, and his male heirs lawfully to be procreated of his body, which failing to return again to his majesty and to his highness's successors, to be held of his majesty and his successors in free lordship and barony with the honour and dignity of a lord of parliament forever. And to that effect, his majesty and estates foresaid of this present parliament dissolve, annul and infringe the said general annexation of the said kirk lands of this realm of Scotland to the crown in so far as it may be extended to the temporality of the foresaid priory and abbacy of St Andrews only; and ordain the infeftment to be made hereupon to be extended in most ample form, bearing an erection, union and incorporation of all the particulars, both temporality and spirituality, of the said priory and abbacy in a temporal lordship and barony, and a special remit and discharge, with consent of [George Home, earl of Dunbar], his majesty's treasurer, and of [Master John Preston of Penicuik], his highness's general collector, of the whole monks' portions and of the whole thirds of the said priory and abbacy, as well victual as silver, because his majesty will be relieved and discharged of the sustentation of the ministry of the kirks which pertained of before to the said priory; and also to bear and contain provision that the said lordship pay all taxations with the temporal lords of the said realm of Scotland, accounting the said lordship to [...] pound land of old extent, and that the said Ludovic, duke of Lennox, his heirs and successors shall have their relief of the said taxations off all the heritable tenants of the said lands after the rate and quantity of the same lands so often as the said taxations shall occur; and with express power to the said Ludovic, duke of Lennox, his heirs and successors, to retreat and reduce for reasonable causes competent of the law all and whatsoever infeftments, tacks, assedations, rentals, rights and titles of any part of the said lands, kirks, teinds and others above-specified, with all other clauses and provisions which shall be needful for the said Ludovic, duke of Lennox, his heirs and successors 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 priory and abbacy of St Andrews, 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 were 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 time hereafter, esteemed and judged for the well of our said sovereign lord and for a valid profit and commodity to his crown and realm of Scotland, reserving and excepting always out of this present act and erection foresaid all regalities and privileges thereof possessed by the priors and commendators and titulars of the said priory of St Andrews of before, to remain with our sovereign lord and his highness's successors in all time coming, and also reserving and excepting out of this present act and erection foresaid the bishopric of St Andrews, regalities belonging thereto and whole rents, duties, emoluments and profits of the said bishopric, and declare that the same shall in no way be hurt, prejudiced nor impaired by the said act of erection; and also reserving and excepting out of the said act of erection the whole heritable bailiaries of the whole lands of the bishopric of St Andrews wherever they lie within this realm of Scotland, to the heritable bailies thereof, and specially reserves to [James Learmonth], laird of Dairsie his heritable bailiary of the barony of St Andrews held of the archbishop of St Andrews according to the tenor of his heritable infeftment of the said bailiary in all points; and in like manner reserve and except out of the said act of erection of the said priory of St Andrews the kirk and the whole teind sheaves of the parish kirk and parish of Kilgour, with the lands of Friarton pertaining to David [Murray], lord Scone.
[1605/6/125]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament convened and held within his majesty's realm of Scotland, and the said estates, at his majesty's desire, understanding perfectly and having sufficient trial and considered in the said parliament the many good, true, thankful and profitable services in many ways done to his majesty by Patrick, now lord Lindores, sometime commendator of the abbacy thereof under-mentioned, and of the great charges, expenses and sums of money that he has sustained and disbursed, not only in his majesty's domestic and privy affairs and business these 24 years bygone or thereby during all the which time the said Patrick, lord Lindores has been actual and domestic serving gentleman in his majesty's chamber, but also of the other great sums of money, charges and expenses sustained by him at his majesty's marriage, baptism of the prince his dearest son and otherwise since, both within this his highness's kingdom of Scotland and also within his majesty's other kingdom of England, continually since his highness's repairing thereto (which his majesty has never yet recompensed), and for other great, reasonable, profitable and evident causes of the said realm of Scotland concerning the welfare thereof, commonly known to his highness and estates of the same, and well advised, tried, digested and considered and approved by them; and by decreet of this present parliament, upon sufficient verification taken by them thereupon, therefore our said sovereign lord and estates foresaid of this present parliament, with a full, deliberate mind and consent, have to the effect underwritten in part of remuneration of the said great and profitable services and of the said large sums of money and expenses dissolved and, by the tenor of this present act, simply and forever dissolve from his majesty's crown and patrimony thereof and from the first act of annexation of all kirk lands and temporal rents of benefices within this realm to his said crown and from all other annexations, both special and general made thereto at any times heretofore, all and sundry lands, lordships, baronies, castles, towers, fortalices, mansions, manor places, yards, orchards, towns, burghs, mills, multures, woods, thickets, parks, fishings, lochs, isles, inches, haughs, meadows, muirs, mosses, coals, coal pits, annualrents, tenements, reversions, customs, great and small, and others whatsoever of the temporality of the said abbacy of Lindores, with all and sundry their parts, pendicles, pertinents, tenants, tenancies, service of free tenants, superiorities, yearly feu ferms, kanes, customs and duties thereof, offices, jurisdictions, privileges and immunities of the same, advocations, donations and rights of patronages of kirks, parsonages, vicarages, prebendaries, chaplainries, altarages and other benefices, and all and sundry other rents, commodities, profits and emoluments whatsoever which pertained of before and of old to the said abbacy and monastery of Lindores, which were generally annexed to our said sovereign lord's crown and patrimony thereof upon 29 July 1587, or at any other time either before or since, dissolving the same therefrom simply and forever to the effect always after-specified; and likewise, seeing the principal mansion, abbey place, houses, buildings, yards and others under-mentioned within the precinct of the said abbacy and others adjacent thereto as follows, and also all and sundry the kirks, parsonages, vicarages, chaplainries, altarages, teind sheaves, other teinds, manses, glebes, fruits, rents, profits and emoluments pertaining of before to the spirituality of the said abbacy of Lindores were for reasonable and necessary causes resigned and demitted of before by the abbot and convent thereof in our said sovereign lord's hands, to the effect his majesty might convey the same in such manner as he should think expedient, therefore and to the effect a several rector and minister of God's word may be provided to every one of the said kirks, and for the other causes above-written, our said sovereign lord and estates foresaid have dissolved and, by the tenor of this present act, dissolves from the said abbacy and monastery of Lindores and from the patrimony thereof simply and forever, the principal mansion and manor place of Lindores, called of old the monastery and abbey place thereof, with all and sundry castles, fortalices, houses, buildings, yards and others lying within the enclosure and precinct of the said abbacy, and with all dovecots, greens, office houses and others adjacent and pertaining thereto of before; and also all and sundry the kirks, parsonages, vicarages, chaplainries, altarages, prebendaries and other benefices which pertained of before and of old to the said abbacy of Lindores, with all and sundry the teind sheaves, other teinds, fruits, rents, manses, glebes, profits and emoluments of the same, together with the advocation, donation and right of patronage thereof, and all other rents, possessions, profits, commodities and others whatsoever, as well in special as in general which pertained in any time bygone to the said abbacy of Lindores, as well to the spirituality as temporality thereof, and monks' portions of the same, or was possessed by the abbots, commendators and convent thereof respectively for the time as their property or patrimony of the same, both two part and third part thereof, which, by virtue of our said sovereign lord's anterior charter and infeftment made and granted by his majesty thereupon of before under his great seal of Scotland of the date at Perth, 31 March 1600, to Patrick, now master of Lindores, then styled and designed therein Patrick Leslie, son lawful to the said Patrick, lord Lindores, his male heirs whatsoever and their assignees heritably, were then by his majesty erected, united, annexed and incorporated in a whole and free temporal lordship and barony to the said Patrick Leslie and his foresaids, called and to be called the lordship and barony of Lindores; which charter and infeftment made thereupon to the said Patrick, master of Lindores and his foresaids (now seen, read and considered by the said estates of this present parliament) was also ratified, approved and confirmed of before by our said sovereign lord and estates of this realm for the time in the parliament held at Edinburgh, 15 November 1600. And in respect thereof, his majesty and estates foresaid of this present parliament declare and ordain this present act of dissolution of all and sundry the said lands, kirks and others above-rehearsed in general contained in the said anterior charter for avoiding of prolixity, to be as valid, sufficient and effectual as if the same anterior charter and infeftment, with all and sundry the particular lands, mills, fishings, kirks, teinds, mansions, rents and others therein specified were word for word wholly inserted in this act, to the effect it may and shall be permissible to our said sovereign lord, by virtue of his new charter and infeftment to be made and passed under his great seal of Scotland, to alienate, give, grant, convey and confirm to the said Patrick Leslie, now called Patrick, master of Lindores, his male heirs and assignees foresaid heritably, all and whole the said lordship and barony of Lindores, comprehending therein all and sundry the said towns, lands, burghs of barony, castles, towers, fortalices, mansions, manor places, mills, woods, fishings, rents, feu ferms, duties, superiorities, annualrents, tenants, tenancies and services of free tenants, offices, jurisdictions, privileges, kirks, rights of patronages, teinds and others whatsoever above-rehearsed, contained as well specially as generally in the said anterior charter and infeftment made thereupon by his highness of before to the said Patrick Leslie and his foresaids herein held as for expressed; and for new erection, union and incorporation of the same to them in a whole and free temporal lordship and barony called, and to be called in all time coming, the lordship and barony of Lindores, with the honour, dignities, votes and estate of a temporal lord of his majesty's parliaments and councils, with addition of badge and arms, to be held of our sovereign lord and his highness's successors in free heritage, free lordship and barony forever, for yearly payment to his highness and his successors thereof of [...] usual money of this his highness's realm of Scotland at the term of Whitsunday [May/June] in name of blench ferm only, and therewith paying to the rectors and ministers of the said kirks and their successors their yearly stipends and other duties specified in the said anterior charter only, notwithstanding that some of the said lands and others above-rehearsed specified therein were otherwise held of his majesty of before by virtue of the foresaid act of annexation for yearly payment of certain feu ferms and duties contained in the said anterior charter, with which our said sovereign lord and estates foresaid now, from a certain knowledge, for the causes above-written, have expressly dispensed and dispense by this act, and renouncing all right and action competent or that may be competent to his majesty and his successors relating thereto. And to the effect above-written our said sovereign lord and estates foresaid dissolve, suppress, extinguish and abolish the foresaid abbey and monastery of Lindores, memory and name thereof, with the whole orders, institutions and foundations of the same simply and forever, ordaining this present act of dissolution foresaid to be as valuable and effectual as any other act of dissolution made in this present parliament; and that the infeftment to follow hereupon be extended in more ample and sufficient form with all clauses needful, reserving and excepting always out of this present act and erection foresaid all regalities and privileges thereof, if any be possessed by the abbots and titulars of the said abbacy of before, to remain with our said sovereign lord and his highness's successors forever in all time coming.
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Our sovereign lord and estates of parliament presently convened have ratified, approved and confirmed and, by the tenor of this present act, ratify, approve and confirm the charter, confirmation and disposition therein contained made and granted by his highness, with consent of his majesty's councillors and officers, subscribers thereof, to Master Alexander Gibson, one of the clerks of session, and Margaret Craig, his spouse, and their heirs and others therein contained, of all and whole the lands of Granton which were conveyed to him by Masters David Ayton and John Russell, advocates of before, as in the writs and securities made to him thereupon and in our said sovereign lord's infeftment of the date 1 August 1603 at more length is contained; and decree, declare and ordain the said charter, confirmation and disposition therein mentioned to be good, valuable and sufficient to the said Master Alexander and his foresaids now and in all time coming, in all and every head, point, article and clause therein expressed; which and whole contents thereof, our sovereign lord and estates foresaid have allowed and ratified, and specially that part thereof regarding the disposing of the same lands in taxed ward to the said Master Alexander and his foresaids in manner particularly therein expressed, which clause and disposition and remaining whole clauses and points of the said charter decree and declare to be valid and effectual to the said Master Alexander and his foresaids for the peaceable holding and possessing of the said lands as belonging to him and them heritably, and in no way to be troubled therein or to be quarrelled in his right thereof by any manner of occasion bygone or through any default or defect, by the which the right or possession of the said lands may be challenged, or the said Master Alexander or his foresaids troubled therein by any privilege, title or right competent to our sovereign lord and belonging to his highness or whatsoever other person rising upon whatsoever right, title or ground, bygone, present or to come; with the which and all others our sovereign lord and estates foresaid have dispensed and, by the tenor hereof, dispense for now and ever, granting this ratification to be as effectual and sufficient in all respects as if the tenor† of the said charter and disposition were inserted and engrossed word by word in this present act.
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Our sovereign lord and estates of this present parliament, calling to remembrance the faithful and loyal service done to his highness continually since his infancy by his trusty cousin Thomas, viscount of Fenton, lord Dirleton etc., and captain of his highness's guards, and specially that notable service done by him at Perth in resisting of the monstrous, ungodly and horrible treason conspired there against his highness's royal person by the late John [Ruthven], sometime earl of Gowrie, and his brother, deserving justly perpetual memory and commendation to all ages, with good recompense and remuneration; and his highness and estates in some measure being willing to gratify his said trusty cousin for the present by disposition to him, his male heirs and assignees heritable of the whole temporal lands and rents which pertained of before to the priory of Restenneth, being a cell of the abbacy of Jedburgh, now pertaining to his majesty by virtue of the act of annexation of the kirk lands within this realm to the crown, with the right of the patronage of the kirks of the said priory, namely: the kirks of Restenneth, Donynald and Aberlemno erected in a free barony as follows; therefore his majesty and estates of this present parliament, after sufficient trial taken in this parliament and of before of the said notable service done by the said Viscount of Fenton in the preservation of his highness's most royal person, being evident, most reasonable and profitable causes for the well of his whole realm and subjects thereof, has dissolved and, by this act, dissolve all and sundry the temporal lands, annuals and rents pertaining of before to the said priory of Restenneth from the said act of annexation and patrimony of the crown; and also has dissolved and, by this act, dissolve all and sundry the said parish kirks of the said cell and priory of Restenneth, parsonages and vicarages thereof, with all and sundry teinds, fruits, revenues, emoluments and duties of the same from the first foundations thereof, whereupon the same proceeded, and from the said abbacy of Jedburgh, to the which the said cell and priory of Restenneth was united of old as a part of the patrimony thereof, and from all other acts of annexation whatsoever made of the same priory, rents and kirks thereof in time bygone, and have suppressed and, by this act, suppress, bury and extinguish the name and memory of the said priory forever, to the effect his majesty may grant and convey heritably to his said trusty cousin Thomas, viscount of Fenton, his male heirs and assignees, all and sundry the temporal lands and rents pertaining to the said priory with the place, cloister, yards, orchards and whole bounds within the precinct of the same, and all their pertinents, together with the advocation, donation and right of patronage of the parish kirks foresaid, parsonages and vicarages thereof, erected in a free barony as said is, held of his highness and his successors in free blench for yearly payment of £20 in name of blench ferm only, and free of payment of all monks' portions, first year's fruits, fifth penny, third and all other duties to which his majesty, his predecessors or successors had, has or in any way may have or pretend right in any time coming, by virtue of whatsoever law, statute, acts of parliament, council or convention whatsoever made or to be made in the contrary, which his highness and estates foresaid for the causes above-specified renounce and discharge forever by this act; and that the said charter be extended in the best form with all clauses necessary; and this present act to be a sufficient warrant for making and perfecting thereof.
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†Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the letters of gift, donation and mortification made by Alexander [Campbell], bishop of Brechin, having undoubted right and title to all and sundry the teind sheaves of the lands of Kinnaird, Balnamoon, Pentoskell and Over Dalgety, with the pertinents, lying within the parish of Brechin and sheriffdom of Forfar, pertaining to him as a proper part of the patrimony of the said bishopric; and that with consent of the dean, canons and chapter of the cathedral kirk of Brechin, and also by Robert Kinnear, vicar of the parish kirk and parish of Brechin foresaid, having undoubted right and title to all and sundry the vicarage and small teinds of all and whole the same lands of Kinnaird, Balnamoon, Pentoskell, Over Dalgety and of the teinds of Middle Drums and Greenden, with their pertinents, lying within the said parish of Brechin, pertaining to the said Robert as a proper part of the patrimony of the said vicarage, with consent of our sovereign lord as patron of the same vicarage and of the bishop, dean, canons and chapter of the cathedral kirk thereof; and in like manner by Master John Wemyss, minister at Kinnaird, prebendary of the prebend called the subdeanery of the said cathedral kirk of Brechin, lying within the diocese of [...] and sheriffdom of Forfar foresaid, with consent of his majesty as patron of the said prebendary and of the said bishop, dean, canons and chapter of the said cathedral kirk of Brechin; and also by the said Master John Wemyss as parson and vicar of the parsonage and vicarage of Cookston, with consent of Sir David Carnegie of Kinnaird, knight, undoubted patron of the said parsonage and vicarage of Cookston, whereby the said Alexander, bishop of Brechin, Robert Kinnear, vicar of Brechin, and Master John Wemyss, all with one consent and assent, and also with the special advice and consent of the said patrons, dean, canons and chapter of the same for their right and interest, gave, granted, conveyed, united, incorporated, mortified and annexed simply and forever to the kirk of Kinnaird, lately built and erected by the late Master David Carnegie of Kinnaird, father to the said Sir David Carnegie of Kinnaird, knight, in place of the kirk of Cookston, which is altogether ruinous and decayed, all and sundry the teinds, as well great as small, of all and whole the said lands of Kinnaird, Balnamoon, Pentoskell and Over Dalgety, with their pertinents, together with all and sundry the yearly teind silver, profits and duties of all and sundry the same teinds, parsonage and vicarage thereof, and also of all and sundry the vicarage and small teinds of the said lands of Middle Drums and Greenden, with the pertinents, with the yearly teind silver, profits and duties of the same teinds, together with the manse, glebe, houses, yards, whole fruits, rents, emoluments and duties, as well pertaining and belonging to the said prebend called the subdeanery of the said cathedral kirk of Brechin, as to the whole parsonage and vicarage of Cookston, of the crop and year of God 16[...], and of all years' crops and terms thereafter following, to the effect that a several parsonage and vicarage may be erected and composed of all and sundry the said teind sheaves and small teinds of the foresaid lands of Kinnaird, Balnamoon, Pentoskell and Over Dalgety, and of the vicarage and small teinds of the said lands of Middle Drums and Greenden, with all and sundry manses, glebes, houses, yards, orchards, whole fruits, rents and emoluments, as well pertaining of before to the said parsonage and vicarage of Cookston as to the said prebendary called the subdeanery of the said cathedral kirk of Brechin, to be called in all time coming the parsonage and vicarage of Kinnaird, and that the parish and parish kirk thereof may be likewise called the parish and parish kirk of Kinnaird, and to the effect that all and sundry the foresaid fruits, rents, teinds, manses, glebes, other rents and emoluments before rehearsed may remain in all time coming with the said parish kirk of Kinnaird, parsonage and vicarage thereof, as the proper rent and patrimony of the same, together with the procuratory of resignation or demission contained in the said letter of mortification, whereby the said Alexander, bishop of Brechin, Robert Kinnear, vicar of Brechin, and Master John Wemyss, with advice and consent foresaid, made and constituted certain procurators for them to resign, demit and give over all and sundry the foresaid teinds, manse, glebes, other rents and emoluments before rehearsed with the advocation, donation and right of patronage of the said parish kirk of Cookston, parsonage and vicarage thereof, in the hands of our sovereign lord or others having his highness's power and commission to receive the said resignation or demission, to the effect contained in the said letters of gift and mortification, as the same of the date at Edinburgh, Dundee, Kinnaird and Brechin respectively, 3, 4 and 17 September 1604 and 22 July 1605 at more length bear, with the instrument of resignation and demission following thereupon of the date at Edinburgh, 27 March 1605, together with the infeftment made and granted by his majesty under the great seal, whereby his highness gave, granted and conveyed to the said Sir David Kinnaird, knight, and to the male heirs lawfully procreated, or to be procreated, of his body, which failing to his nearest and lawful male heirs, bearing the surname and arms of Carnegie and their assignees whatsoever, all and sundry the lands and others particularly underwritten, namely: all and whole the lands of Cookston; all and whole the lands of Addecat with their pendicles and pertinents lying within the said sheriffdom of Forfar; all and sundry the said lands of Middle Drums and Greenden with their pendicles and pertinents, together with the teind sheaves of the same included, lying within the sheriffdom foresaid; and all and whole the mill of Cauldhame with the mill lands, tofts, crofts, parts, pendicles and pertinents of the same whatsoever, lying within the said sheriffdom of Forfar. And also his majesty gave, granted, conveyed, united, incorporated, mortified and annexed simply forever to the foresaid kirk of Kinnaird all and sundry the foresaid teind sheaves, as well great as small, of all and whole the said lands of Kinnaird, Balnamoon, Pentoskell and Over Dalgety with their pertinents, together with all and sundry the yearly teind silver, profits and duties of the same lands, parsonage and vicarage thereof; and also all and sundry the vicarage and small teinds of the said lands of Middle Drums and Greenden, with the pertinents, with the yearly teind silver, profits and duties of the same lands; together likewise with the manse, glebe, houses, yards, whole fruits, rents, emoluments and duties, as well pertaining and belonging to the said prebend called the subdeanery of the said cathedral kirk of Brechin, as to the whole parsonage and vicarage of Cookston, of the foresaid crop and year of God 16[...], and of all years' crops and terms thereafter following. And also his majesty gave, granted and conveyed to the said Sir David Carnegie and his foresaids the advocation, donation and right of patronage of the said kirk of Kinnaird, parsonage and vicarage thereof, which lands and mill above-written with their pertinents, together with the advocation, donation and right of patronage of the said kirk of Kinnaird, parsonage and vicarage thereof, are united, annexed, created and incorporated in a whole and free tenancy to be called now, and in all time coming, the tenancy of Cookston, as the said infeftment under the great seal of the date at Edinburgh, [...] April 1606 at more length bears, together with the precept and instrument of sasine following thereupon. And also his majesty and estates foresaid ratify and approve the letter of erection made and granted by his majesty under the great seal in favour of the said late Master David Carnegie of Kinnaird and his male heirs, creating and erecting a bursary of the college of St Leonard's within the city of St Andrews, to be called the bursary of Drums, and giving, granting and conveying for sustentation of the bursars to be presented to the said bursary the sum of £60 money of this realm of Scotland as the yearly feu ferm of all and whole the foresaid lands of Middle Drums and Greenden, with the pertinents now pertaining in feu ferm heritably to the said Sir David Carnegie of Kinnaird, knight, and making, constituting and ordaining the said late Master David and his male heirs foresaid lawful and undoubted patrons of the said bursary in all time coming, as the said letter of erection of the date at Holyroodhouse, 28 July 1692† at more length purports, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever contained in the said letters of mortification, instrument of resignation following thereupon, infeftment above-written, precept and instrument of sasine following thereupon, and letter of erection of the bursaries above-specified, after the forms and tenors thereof, with all that has followed or may follow thereupon. Moreover, his majesty and estates foresaid consent, decree and declare that the securities particularly above-specified shall be valid, effectual and sufficient to the said Sir David Carnegie of Kinnaird, knight, and his male heirs above-designed, for possessing and enjoying of all and whole the foresaid lands of Cookston and Addecat, with their pertinents, and all and whole the foresaid lands of Middle Drums and Greenden, with the teind sheaves of the same included, as also all and whole the foresaid mill of Cauldhame, with the pertinents, together with the advocation, donation and right of patronage of the said parish kirk of Kinnaird, parsonage and vicarage thereof, as their property and proper heritage at their pleasure in all time coming; and likewise to the parsons and vicars who shall happen to be provided to the said parsonage and vicarage of Kinnaird for possessing and enjoying of all and sundry the teind sheaves and small teinds of all and whole the said lands of Kinnaird, Balnamoon, Pentoskell and Over Dalgety, with their pertinents, together with all and sundry the yearly teind silver, profits and duties of all and sundry the same teinds, parsonage and vicarage thereof; and also of all and sundry the vicarage and small teinds of the said lands of Middle Drums and Greenden, with the pertinents, with the yearly teind silver, profits and duties of the same teinds; together likewise with the manse, glebe, houses, yards, whole fruits, rents, emoluments and duties, as well pertaining and belonging to the said prebend called the subdeanery of the cathedral kirk of Brechin as to the whole parsonage and vicarage of Cookston, of the crop and year of God 16[...], and of all crops and terms to come, as being annexed and mortified to the said kirk of Kinnaird, parsonage and vicarage thereof, in manner above-written in all time coming; and in like manner to the said Sir David and his foresaids for possessing and enjoying of the right of patronage of the foresaid bursary within the said college of Sir Leonard's in St Andrews, called the bursary of Drums, and to the bursaries presented, and to be presented, thereto by the said Sir David and his foresaids for possessing, enjoying and uplifting of the sum above-written for their sustentation according to the said letter of erection in all time coming, and that notwithstanding whatsoever acts, statutes or constitutions of parliament made in this present parliament, or at any time of before; and wills, decrees and declares this present ratification and confirmation to be of as great strength, force and effect as if the said procuratory, instrument of resignation, charter, precept and instrument of sasine foresaid were, word by word, engrossed and inserted herein; concerning which his majesty, with advice foresaid, by this ratification, for now and ever dispenses.
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†Our sovereign lord and estates of this present parliament, for the good service done to his majesty by Andrew, lord Stewart of Ochiltree and his predecessors, have ratified and approved and, by the tenor hereof, ratify and approve an infeftment granted by his majesty of the kirk lands of Ochiltree, called the Vicar's Home of Ochiltree, with the advocation, donation and right of patronage of the parsonage and vicarage of Ochiltree of the date, 21† March 1601, in all and sundry heads, clauses and conditions thereof, so that the said infeftment containing the said lands and right of patronage may be a valid and sufficient right to the said Andrew, lord Stewart of Ochiltree, his heirs and successors mentioned therein, notwithstanding whatsoever act and statute of parliament made in this present parliament or of before, which our said sovereign lord and estates foresaid declare in no way to be hurtful nor prejudicial to the said infeftment and right of patronage therein contained, but the same shall stand valid and sufficient rights to the said lord, his heirs and successors above-specified in all time coming; and to be as sufficient as if the said charter had been word by word engrossed herein.
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Our sovereign lord and estates of this present parliament, calling to remembrance the good, true and memorable service done to his majesty, his realm and lieges by his right trusty cousin Alexander, earl of Home, lord Jedburgh and Dunglass etc., and his predecessors in all times and at all necessary occasions bygone, as well in time of peace as in time of war, and also the great care, earnest zeal and readiness of the said earl to underlie all good offices and service tending to his highness's honour, great well and profit of the country, not only in the discharging of sundry embassages and commissions in foreign countries, but likewise in the execution of diverse commissions for quieting of the borders of this realm and repressing of all insolence and disorder within the same at all occasions bygone, upon his great charges and expenses, in the which offices the said Alexander, earl of Home discharged his duty most faithfully, as is commonly known to his majesty and whole estates of this present parliament, whereupon sufficient trial was taken before them and, after trial taken, his majesty and estates being of deliberate mind that the said good offices and services with the great charges sustained by the said Alexander, earl of Home be in some measure recompensed, and finding no better means for the present than that the whole temporal lands and rents which pertained of before to the abbacy of Jedburgh and priory of Canonbie, being a cell of the said abbacy, and whole temporal lands and rents which likewise pertained of before to the priory of Coldingham and now pertaining to his majesty by the acts of annexation of the temporal lands and rents of the said benefices to the crown (except the lands after-specified), together with the whole spirituality of the kirks of the said abbacies of Jedburgh, Canonbie and Coldingham, teind sheaves and other teinds, fruits, rents and emoluments pertaining and belonging thereto (except the teinds of the kirks after-specified), together with the† abbey place, cloisters, houses, buildings, yards, orchards and all their pertinents lying within the precincts of the said places, shall be granted and conveyed by his highness to the said earl heritably, he being already provided to the spirituality of the said benefices, and having resigned and demitted the same in his highness's hands to the effect following; therefore his majesty, with advice of the said estates of parliament, after sufficient trial taken by them in the said parliament of the whole premises, and that the causes foresaid are evident, reasonable and profitable causes for the well of the realm, has dissolved and, by this ratification, dissolves all and sundry the temporal lands and rents whatsoever pertaining of before to the said benefices of Jedburgh and Coldingham and the said cell of Canonbie from the general act of annexation made of the kirk lands within this realm to his highness's crown, and from the special act of annexation made of the temporal rents of the said priory of Coldingham to the crown in the parliament held at Edinburgh in the month of [...] 1580, and from all other acts of annexation whatsoever made of the temporal rents of the said benefices, or any of them or any part thereof in any time bygone; and likewise has dissolved and, by this ratification, dissolves all and sundry the parish kirks pertaining to the said abbacy of Jedburgh, cell of Canonbie and priory of Coldingham, parsonages and vicarages thereof, with all and sundry teinds, fruits, rents, revenues, emoluments and duties whatsoever pertaining and belonging thereto from the first foundations thereof, whereupon the same proceeded, with the abbey places, cloisters, yards, orchards and all easements and commodities within the precincts of the said benefices, from the same benefices; and has suppressed and, by this ratification, suppresses, buries and extinguishes the names and memory of the same benefices for now and ever, to the effect his majesty, with advice of his ordinary officers, may grant and convey heritably to the Earl of Home, his male heirs and assignees, all and sundry the temporality, property and superiority with the feu ferms and pertinents pertaining to the said benefices by their names in special wherever the same lies, with the said abbey places, cloisters, houses, buildings, yards, orchards and all their pertinents lying within the precincts of the said places and all their pertinents, together with the spirituality of the said benefices, teind sheaves and other teinds, fruits, rents and emoluments pertaining and belonging thereto, erected in a whole and free lordship and barony, with all privileges, immunities and jurisdiction pertaining to a free lordship and barony, to be called in all time coming the lordship of Coldingham, held of his highness and his successors in free blench for payment of 400 merks Scots at the feast of Whitsunday [May/June] in name of blench ferm only, and to be likewise free of all payment of all monks' portions, first fruits, fifth penny, third and all other duties to which his majesty, his predecessors or successors had, has or in any way may have or pretend any right in any time coming by virtue of whatsoever law, statute, acts of parliament, council or convention whatsoever made, or to be made, in the contrary, which his highness, with advice of the said estates, for the causes above-specified, renounces and discharges for now and ever by this ratification, because his majesty and his successors will be relieved and discharged of the sustentation of the ministers serving the cure at the said kirks; and ordains the said infeftment to bear and contain provision that the said lordship shall pay all taxations in time coming with the temporal lands of the realm, accounting the said lordship to two hundred pound land of old extent, and of new extent to a six hundred pound land, and that the said earl, 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 and teinds after the rate and quantity of their lands and teinds so often as the said taxation shall occur; and likewise an express power to the said earl and his foresaids to call for reduction of whatsoever infeftments, rights and titles of any part of the said lands, teinds and others pertaining to the said lordship for whatsoever cause competent of the law, excepting always out of the said infeftment the kirk of Dummany, which is one of the kirks of the said abbacy of Jedburgh pertaining now to Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, and also excepting out of the said infeftment the lands, kirks and teinds respectively after-specified, which pertained to the said abbacy of Coldingham and now pertain to George [Home], earl of Dunbar etc.: they are to say, the lands of Lauertoun with the kirk of Lauertoun and teinds thereof, the lands of Horsley and Greenwood with the teinds thereof, the lands of Fairnieside with the teinds thereof, the lands of Flemington called Nether Ayton, Redhall, Netherbyre, Brownsland and Gunsgreen, with the mills and whole teinds of the same, the lands and mains of Fast Castle or Wester Lumsden, Dowlaw, Duddoholme, alias Coldside, Old Town, Newton, with the mills, fishings and whole teinds of the said lands, with the manor place and castle of Fast Castle and all their pertinents; reserving and excepting always out of this present act and erection foresaid all regalities and privileges thereof, if any be possessed by the abbots and titulars of the said abbacies and priories of before, to remain with our said sovereign lord and his highness's successors forever in all time coming. And our said sovereign lord and estates foresaid, now as if the said infeftment was already passed and perfected, and then as now, have interposed and interpose their consent and authority thereto as to that deed which is now and shall be hereafter esteemed and judged for the well of his highness and his successors and evident profit and commodity of his highness's crown and this realm.
[1605/6/131]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, understanding that the whole temporal lands of all benefices, great and small, within this realm which pertained of before to bishops, abbots, priors, friars, prioresses or other ecclesiastic persons, with all and sundry teinds, fruits, rents, emoluments, feu ferms and duties thereof, were, by act of parliament made in the year of God 1587, annexed to his highness's crown to remain therewith as a proper part of the patrimony thereof perpetually in time coming, as in the act of annexation made relating thereto at more length is contained; and notwithstanding thereof by another act made in the said parliament regarding the dissolution of the former act it was permissible to his majesty to set all his lands, as well not annexed as annexed, to any person or persons in feu ferm and heritage without diminution of the rental, by virtue whereof, by a third act made in his highness's current parliament held at Edinburgh, 5 July 1592, it was found expedient and his majesty and estates consented that it should be permissible to his highness to wadset and alienate to the late Sir William Stewart, commendator of Pittenweem, his heirs and assignees whatsoever, all and whole the temporal lands, lordships, baronies, castles, towers, fortalices, woods, mills, multures, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents whatsoever pertaining and belonging, or known to pertain and belong at any time of before, to the priory of Pittenweem, and to make and deliver to the said late Sir William such charters and infeftments as he pleased to devise for his security thereof, redeemable always and under reversion to be made to his highness and his successors by the said late Sir William and his foresaids, containing the sum of 8,000 merks usual money of Scotland, and that notwithstanding the foresaid act of annexation or any other laws, acts or statutes made in the contrary that might derogate the said infeftment, as the said act of parliament of the date foresaid at more length purports; in consideration whereof, his majesty, considering and remembering the good, true and thankful service done to his highness by his said late trusty and well-beloved servant Sir William Stewart, commendator of Pittenweem, in his lifetime, as well in his majesty's own particular and honourable affairs as in certain particular negotiations committed to his charge, tending not only to his highness's own particular but also to the public well and estate of the whole realm and lieges thereof, and having good hope and expectation of the education and good conversation of his highness's beloved Frederick Stewart, son lawful to the said late Sir William, and to give him occasion to continue and persevere in the like service, his majesty, for the causes foresaid and diverse other causes, occasions and good considerations moving his highness, with express advice and consent of the said estates, dissolves the foresaid act of annexation in so far as the same extends, or may be extended, to the said priory of Pittenweem, containing the particular lands, acres, salt-pans, woods, mills, fishings and others after-specified, namely: the manor place of Pittenweem of old called the monastery of Pittenweem, with all houses, buildings, yards, orchards and pertinents of the same within the close, precinct or walls of the said abbey and place thereof, burgh and village of Pittenweem and Anstruther to the west of the burn, and also the lands and acres of Pittenweem and Anstruther, with the teinds and teind sheaves thereof included, the Milton of Pittenweem, with the acres and teind sheaves thereof included, the lands called Falside with the teind sheaves thereof included, the lands of Grangemuir Easter, the lands of Cairnbriggs with the teind sheaves thereof included, the lands of Lingo with the teind sheaves thereof included, the lands called the Inch with the teind sheaves thereof included, the lands called Pittotar with the teind sheaves thereof included, the lands of Lochend with the teind sheaves thereof included, the Isle called the Isle of May, croft of Crail called Monks' Croft with the teind sheaves thereof included, all lying within the sheriffdom of Fife; the lands and barony of Easter and Wester Rhynd with the teinds and teind sheaves thereof included, the boat and fishing upon the water of Tay with the teind fishes included, lying within the sheriffdom of Perth; the lands of Mayshiel with the teind sheaves thereof included, the lands of Maisland of Barro with the teinds and teind sheaves thereof included, the croft and land of Belhaven with the teind sheaves thereof included, lying in the constabulary of Haddington within the sheriffdom of Edinburgh; the croft of land in Arbroath called Arbroath Croft lying within the sheriffdom of Forfar with the teinds thereof included; together with coals and coal pits of Pittenweem, salt-pans, kane salt, houses, buildings and buildings thereof and pertinents of the same lying within the sheriffdom of Fife; and also with the commons of Pittenweem, mills and mill town thereof with their pertinents, and with the whole teinds, teind sheaves, other fruits, rents, duties, profits, emoluments, advocation, donation and right of patronage of all and sundry kirks and parishes of Pittenweem lately erected, Anstruther to the west of the burn and ruids, united and annexed as parts of the patrimony of the said abbey; together with all and sundry other lands, lordships, baronies, mills, fishings, woods, meadows, forests, mansions, manor places, teind sheaves, other teinds, houses, buildings, yards, tenements of the burghs or villages of Pittenweem and Anstruther to the west of the burn, with their pertinents; together with the sea town and ports thereof, anchorages, customs, privileges, profits, immunities and casualties whatsoever belonging to the said abbacy, or which at any time bygone pertained thereto and patrimony thereof, or which any abbots, commendators or convents of the same had in possession in any time bygone, and which are contained in the charters of erections of the said towns of Pittenweem and Anstruther to the west of the burn, with their pertinents, in burghs regal, which his highness will have as expressed and inserted herein and in the charter and infeftment to follow hereupon; and finds and declares that it is, and shall be, permissible to his majesty to convey the forenamed whole lands, lordships, baronies, mills, woods, fishings, coals, coal pits, salt-pans, lands, tenements respectively and particularly above-expressed with the teind sheaves and other teinds, fruits, rents and duties of the said abbacy to the said Frederick, his heirs and assignees, with all and sundry privileges and immunities pertaining and belonging thereto, as well superiority as tenancy thereof, advocation, donation and right of patronage of the kirks respectively foresaid, to remain with him and his foresaids heritably without reversion or redemption forever, notwithstanding the foresaid acts or any of them or any other laws, acts, statutes or proclamations, special or general, made or to be made in the contrary; and also by the tenor of the said act, suppresses and dissolves the foresaid benefice with all privileges and immunities belonging thereto from the spiritual estate of a priory in a temporal lordship and barony, to be called the lordship or barony of Pittenweem, and to be taxed and stented in all taxations and impositions with the lords and barons. And further his majesty, with advice foresaid, unites, erects, creates and incorporates the same with all lands, lordships, baronies, woods, mills, fishings, parts, pendicles and pertinents thereof, tenants, tenancies and service of free tenants of the same, in a temporal lordship and free barony, to be called in all time coming the foresaid lordship and barony of Pittenweem, and that a sasine now and in all time coming to be taken at the principal place and mansion of Pittenweem shall stand extend and be sufficient sasine for all and sundry the lands, lordships and others respectively and particularly above-expressed, notwithstanding that the same lie not contiguous but dispersed in diverse sheriffdoms, concerning which his majesty, by the tenor of the said act, dispenses. And further, to the effect this present act and infeftment to follow hereupon may be the better right and security to the said Frederick and his foresaids, his majesty, with advice above-specified, retreats, rescinds, makes void and annuls the foresaid acts of annexation, act of dissolution and act made regarding the disposition of the said priory to the said late Sir William under reversion of the said sum of 8,000 merks, in so far as the said acts, or any of them respectively, extend, or may be extended to the hurt and prejudice of this ratification and infeftment to follow hereupon only; and wills and ordains that the said lordship, comprehending the particulars thereof above-specified, shall remain with the said Frederick and his foresaids heritably, without reversion or redemption whatsoever forever; which reversion and redemption his highness, with advice foresaid, by the tenor of the said act, renounces, quitclaims and simply discharges in favour of the said Frederick and his foresaids with full power and special liberty to them to impugn, quarrel and reduce all and sundry infeftments, charters, precepts, sasines, tacks, rentals or other rights and securities whatsoever, of the lands, lordships, baronies, acres, houses, salt-pans, woods, mills, meadows, fishings, teinds, fruits, rents, emoluments and duties of the said lordship, made, set and granted to whatsoever person or persons, for the same reasons and causes which his highness or his predecessors might have reduced and retreated the same, and that as freely in all respects as his highness might have done by virtue of the said act of annexation, or any others may do by virtue of his majesty's gift granted to them in the like cases, with command to his majesty's advocate present and to come to concur and assist the said Frederick and his foresaids in the pursuit of the said reductions, or any of them as occasion shall offer, and also with power to the said Frederick and his foresaids to receive all and sundry the heritable tenants and feuars of whatsoever lands, rents, houses, buildings, acres, teinds or others respectively and particularly named before in the rights and titles of their predecessors, and the said feuars and tenants shall hold their lands and others of him and his foresaids immediately, to whom also he shall make and deliver charters, infeftments or precepts of sasine, which his highness, with advice foresaid, declares shall be as good, valid and sufficient to the said feuars, tenants, vassals and other receivers thereof as if they had been made and granted by his majesty, with advice of [Master John Preston of Penicuik], his highness's collector general, by virtue of the said act of annexation; for the which infeftments, rights and securities the said tenants, vassals and feuars shall be held to pay to the said Frederick and his foresaids their reasonable compositions according to the value of the lands and others to the which they shall be entered for the time. Moreover, our said sovereign lord, with advice foresaid, has dispensed and, by the tenor hereof, dispenses with the general and original laws, acts and statutes whereby express provision is made that his highness's annexed property and annexed temporality may not be conveyed in so far as the same may be extended to the foresaid lands and lordship of Pittenweem, particularly above-rehearsed, to the which this ratification shall make express derogation; and specially dispenses with that act of parliament made regarding ratifications and dispositions made in parliament contained in the 243rd article of the 15th parliament held at Edinburgh, 19 December 1595; excepting always and reserving out of this present act and erection foresaid all regalities and privileges thereof, if any was pertaining to the said priory and lordship of Pittenweem, to our said sovereign lord and his successors, to remain with them forever; and also excepting and reserving out of this present act of parliament all and sundry the lands of Grangemuir Wester and all their pertinents lying within the said sheriffdom of Fife, wherein Master William Scott of Elie is heritably infeft, according to a special act made in his favour in this present parliament. Likewise our said sovereign lord, with advice of the estates foresaid, presently dissolves the foresaid act of annexation in so far as the same may be extended to the foresaid lands of Grangemuir Wester.