[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.