[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.