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The parliament of the most excellent prince James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, held in Edinburgh on 11 August in the year of the Lord 1607 by the said Ludovic [Stewart], duke of Lennox, and by all the estates of the realm, together with Francis [Hay], earl of Erroll, constable of Scotland, George [Keith], earl Marischal, Master William Stewart, sheriff depute of Edinburgh, and David Lindsay, dempster.
[1607/3/12]*[print] [email] [cite] [preceding] [following]
These acts following concluded and ended in the parliament held at Edinburgh the said 11 August 1607
1. Whereas the estates of this kingdom, upon the natural love and reverence they have ever professed and borne to their princes (acknowledging the same to be in so far the more justly due to their present most gracious sovereign, as both his highness's wisdom, reign, virtues and qualities surpass all other princes, and their prosperity, wealth and quietness have under his highness's happy government and reign gone, as well in all heavenly as in all worldly honours and blessings, above all felicity of any preceding age or bygone memory) were moved in the parliament held at Perth, the [...] day of [...] 1604, to direct a number of commissioners of all estates to treat with the commissioners of the parliament and estate of England for the union of the two ancient and famous kingdoms, Scotland and England, according to his sacred majesty's most worthy and glorious design, and to establish and secure this monarchy in all perpetuity to his highness's succession and posterity as a crown, perfection and full accomplishment of all worldly happiness may be pretended to or wished. The said commissioners, having exhibited to the estates of this realm presently convened in this parliament the whole treaty and all that was agreed between them and the commissioners for the parliament of England, containing certain articles and propositions mutually accorded and agreed on by the commissioners of both the realms as equitable and worthy to be proposed to the next session of parliament of both the realms, to be considered and to receive such strength and approbation as to their great wisdom should appear convenient, as the said treaty presented sealed and subscribed by all the commissioners of both the kingdoms present for the time, of the date at Westminster, 6 December 1604, at more length purports; the said estates of this kingdom presently convened, being ripely advised therewith and in full resolution to give all possible proof of their devotion to accomplish all his sacred majesty's royal designs and projects, and in quietness to secure by all possible means to his posterity this flourishing worthy and great empire, and therefore to advance so far as possibly they may this happy union already begun in his sacred majesty's royal person, finding and judging that their foresaid commissioners in all their proceedings have worthily, honourably and faithfully behaved themselves in the discharge of that credit and trust committed to them by the estates of this kingdom, have therefore statute and ordained, likewise hereby statute and ordain under the express provision, clause and condition specified and expressed at the end of this present act and no otherwise, that all the particular hostile laws hereafter enumerated and all others of the same nature now omitted, and which have been made and conceived by name by Scotland against England as enemies shall be abrogated and in all time coming totally extinguished, of the which particular laws the several titles follows:
It is also statute and ordained that all laws, customs and treaties of borders between Scotland and England shall be in all time coming abrogated and abolished, and that the subjects of Scotland inhabiting the bounds of the late wardenries† shall be governed by the common laws and statutes of this kingdom, and that the name of borders shall be extinguished in all time coming. And the said estates, considering that the pursuit of actions and execution of decreets proceeding of crimes, offences and transgressions committed by subjects of either of the said realms against the subjects of the other before his majesty's happy succeeding to the crown of England would undoubtedly renew and foster more grudge and mutual hatred in the hearts of parties than procure any convenient restitution or satisfaction to parties interested, it is statute and ordained that no subject of Scotland or England shall be pursued, charged, summoned, arrested, taken, tried, convicted or in any way troubled or punished in his body, lands or goods for any crimes, injuries or offences committed by them before the beginning of his majesty's happy reign of England, or whereof they or any of them were art or part, or in any way guilty, whereof the trial, cognition and judgement was competent to the wardens of the marches before their suppressing, or to the commissioners of both the princes in border causes; and that all others who were pledges, cautioners or full debtors for or with the said principal parties, and all others in any way guilty or subject by law to punishment, imprisonment, restitution, payment or redress whatsoever for any such crimes, offences, injuries or anything proceeding or depending thereon, shall be discharged thereof, and of all bonds, promises, oaths, cautioners, sentences, acts, pains, peril, trouble, danger, action and execution whatsoever, which in any way might have followed thereupon and are, and shall be, free, quit, remitted and pardoned of the same, and of all that in any way principally or incidentally, directly or indirectly, may result or ensue thereupon for now and for ever. And seeing the abolishing of the memory of borders and border laws whereby the offences committed by subjects of the one realm within the other have heretofore been determined infers a necessity to appoint some other good and wise order whereby the committing of such crimes and offences may either be prevented or the malefactors punished after so just and equitable manner as may give equal cause of contentment to the subjects of both the kingdoms having any interest in pursuit or defence of any criminal actions, which cannot goodly be unless the justice of both the realms in such causes be uniform, and no material difference be in the substance or order of their judicatories in actions of that kind; therefore, it is statute and ordained that all crimes and offences committed within the realm of England since the beginning of his majesty's happy reign thereof, or hereafter to be committed by any of his majesty's subjects of Scotland returning within the same, shall be tried and judged in his majesty's justice ayres of the sheriffdoms of Berwick, Roxburgh, Selkirk, Peebles and Dumfries before his majesty's justice general and his deputes, natural born subjects of the realm of Scotland only and no others, and by honest and lawful assizers of the said [...], having at least 100 merks Scots of yearly rent, to be summoned, sworn and admitted by the said justice, to whom the defender shall have power to present such witnesses as upon their oaths shall be most able to inform the said assizers of his innocency of the crimes whereof he is accused. It is also ordained that every justice or justice depute to whom any such complaint shall be made shall have power to take the pursuer and the witnesses whom he shall desire to use (the said witnesses having their expenses first modified by the justice and paid by the pursuer to them) bound under such pecuniary pains to his majesty's use as he shall think convenient to prescribe, that they shall prosecute and give such information to the justice and assize in that action as the matter shall require; wherein if they or any of them fail, the same penalty to be exacted by his majesty's treasurer off him or them who shall incur the same. And albeit the principal offender be not apprehended nor tried, it shall nevertheless be lawful to convene, pursue, try, judge and punish such as are art, part, red or counsel of the said offences or wilful resetters of the said malefactors as readily as if the said principal offenders had formerly received their definite trial; in which cases it shall only be lawful to the defender to reject five of the said assizers upon his suspicion of their partiality, one or more, unless he allege and verify sufficient and lawful causes of declining of the rest, exceeding the said number of five. Be it always provided that no subject of the kingdom of Scotland shall for any crime committed in England by him or whereof he is art or part, lose any of his lands, heritages, feus, reversions, heritable lands, rights or other securities of lands or teinds whereof there shall be any terms to run after his decease, but that the same shall appertain to his heirs or successors as the same would have done in case of his decease at the king's faith and peace, notwithstanding whereof all such offenders shall lose and forfeit to his majesty their insight, plenishing, corns, cattle, debts and other moveables whatsoever, without prejudice to their wives of their dower and third. And to the effect that such of his majesty's subjects of England as having received injury in England by any of the subjects of Scotland who are returned within the kingdom thereof, may with more favour and expedition have reparation by justice, it is ordained that during the time of the going, returning or necessary remaining of the said parties and witnesses within the said kingdom of Scotland for the prosecution of the said actions, they shall safely enjoy immunity from any arresting and imprisoning for all causes criminal (except treason and wilful slaughter) committed before their said coming in Scotland for the intent foresaid; and if any subject of England being pursued for any criminal causes in England shall thereafter of new be pursued in Scotland for that same crime, and allege for his defence his former trial and clearing in England, the justice shall not proceed any further in that matter until he have sufficiently informed himself of the verity of the said defence; and finding the same true, that he forthwith discharge the defender of all further process and trouble for that fact. And albeit there be nothing more heartily desired by all faithful subjects of this kingdom than that the union of this whole isle happily begun in his majesty's sacred person, and greatly advanced by the prudent, careful, fatherly and incessant pains taken by his majesty relating thereto, may be brought to a full, perfect and absolute accomplishment, wherein for the equal good of both the realms and satisfaction of his majesty, to whose justice, favour and benignity the said estates acknowledge themselves more infinitely bound than any people in earth are to their king, as they have ever been and shall always continue willing and ready to give that faithful concurrence and help that becomes them, yet until it pleased God to bless this isle with the felicity of a perfect union, it is statute that no Scotsman shall for any treason or other crime whatsoever committed within England be sent out of Scotland to England, to be tried or judged there, but shall receive his trial and judgement in his native country according to the laws and order thereof; and to the effect the assizers to be sworn in these causes may the more faithfully and justly proceed to their determinations, it shall be lawful to them to elect and receive upon their oaths and consciences such sworn witnesses presented to them, either for the pursuer or defender, as shall seem to the most part of their number unsuspected, faithful and best acquitted with the truth of the matter, reserving always to the lords of parliament their trial by their peers as heretofore in the like cases has been used. And albeit the order by this act† prescribed in the premises approaches most nearly to equality and indifference, having respect to the estate of both the kingdoms, yet whensoever it shall please his majesty and estates of the parliament of Scotland and England to appoint commissioners for taking of a more perfect and constant order for more summary administration of justice to all the subjects of both the kingdoms, the said estates shall omit nothing upon their parts tending to the final perfection of the said union, which their duty to their most gracious prince, love of their country and affection to their neighbour can require. And further, the estates of Scotland, answering to that article of the foresaid treaty touching the communion and participation of mutual commodities and commerce: first, concerning the importation of merchandise in Scotland from foreign parts, that whereas certain commodities are wholly prohibited by the laws of Scotland to be brought in the same kingdom from any foreign parts by the native subjects of Scotland themselves or by any other, the said estates statute and ordain that no Englishman may bring into Scotland any of the said prohibited wares or commodities, and yet nevertheless if the said commodities be made in England, it shall be lawful to Englishmen to bring them out of England into Scotland as no foreign commodities. And as for the commodities and merchandise not prohibited by law to be brought into Scotland, and specially concerning the trade of wines or other commodities from Bordeaux, the said estates of Scotland find and declare that the Englishmen shall be free for transportation of wine and other commodities from Bordeaux into Scotland according to the determination of the commissioners of both kingdoms contained in the said treaty, paying the same customs and duties that the Scotsmen pay in Scotland, but whereas for clearing and resolving of that doubt mentioned in the said article touching the advantage that the Scotsmen are supposed to have above the Englishmen in buying and transporting the commodities of Normandy and of other parts of the kingdom of France, except the buying of wines and traffick in Bordeaux as said is, commission was appointed to be granted to four fit and discreet persons to pass into France, two for each side, there to take perfect notice of any such advantage as either the Scotsmen have above the English, or the English above the Scots, in the buying and transporting of any commodities of Normandy, or of any part of France. And understanding that Thomas Fisher and William Speir, merchants of Edinburgh, for the realm of Scotland, and Robert Bell and William Williamson, merchants of London, for the realm of England, were directed by either realm to France according to the effect contained in the said commission, and they, having returned from France and delivered to [Alexander Seton, earl of Dunfermline], lord chancellor of Scotland, their proceedings in the said matter, and the same commission and report being read and ripely advised upon by the said estates of Scotland after that they had conferred the foresaid report with the said article of treaty regarding the importation of merchandise foresaid in either kingdom, the said estates of parliament of Scotland find in respect of the foresaid report that the advantage of privilege or of immunities or in imposts and payment that appertains or may appertain to the subjects of either kingdom above others in Normandy or in any parts of France, are and is of so small difference as ought in no way justly hinder the communication and trade; and, therefore, the estates of the parliament of Scotland find and declare that the Englishmen shall be as free for the transporting of all sorts of merchandise and commodities from Normandy and all other parts of France, and with the same liberty of importation which the native-born subjects of Scotland themselves have, and also generally for all other trade from any other foreign parts into Scotland, the Englishmen shall have liberty of importation as freely as the said native subjects of Scotland (not having special privileges), paying the same customs and duties that Scotsmen pay in Scotland. Next, concerning the article of exportation, the estates of Scotland statute and ordain that all such goods or commodities as are prohibited and forbidden to Scotsmen themselves to transport out of Scotland to any foreign part, the same shall be unlawful for any Englishman or any other to transport to any foreign nation over sea, and that under the same penalty and forfeitures that Scotsmen are subject to, but nevertheless find and declare that such goods and merchandise as are licenced and are lawful to Scotsmen (not specially privileged) to transport out of Scotland to any foreign part, the same may be likewise transported by Englishmen thither, and they, certifying their going towards foreign parts and taking cocket accordingly, shall be bound only to pay the ordinary custom that Scotsmen themselves do pay at the exporting of such wares. And as for those native commodities which either of the countries do yield and may serve for the use and benefit of the other, the said estates of Scotland statute and declare that there may be transported out of Scotland into England all such wares as are of the growth or handiwork of Scotland without payment of any custom, impost or exaction, and as freely in all respects as any wares may be transported in Scotland from port to port, excepting such particular sorts of goods and merchandise as are hereafter mentioned, being restrained for the proper and inward use of Scotland; and for that purpose declare that out of this communication of benefits and participation of native commodities of this country of Scotland with the country of England, there shall be specially excepted and reserved the particular sorts hereafter specified, that is to say: wool, sheep skins, cattle, leather, hides and linen yarn, which are specially restrained within the country of Scotland not to be transported from the same to England; excepting also and reserving to Scotsmen their trade of fishing within their lochs, firths and bays within land, and in the seas within 14 miles off the coasts of the realm of Scotland where neither Englishmen nor any stranger or foreigners have use to fish. Furthermore, the estates of Scotland statute and ordain that all foreign wares to be transported out of Scotland to England by the subjects of England, having at their first entry in Scotland once paid custom, shall not pay outward custom afterward in Scotland save only inward custom at that port whereto they shall be transported, but the owners of the goods or the factors and master of the ship shall give bond not to transport the same to any foreign part. The estates declare also that Englishmen shall not be debarred from being associate in any Scottish company of merchant adventurers or any others upon such conditions as any native Scotsman may be admitted. It is nevertheless statute and ordained by the foresaid estates of Scotland that the liberty foresaid of exportation and trade from Scotland to England shall serve for the inward use only of England, and in no way for transportation of the said commodities into foreign parts; and for due punishment of those that shall transgress in that behalf, and for the better assurance and caution therein, it is statute by the said estates of Scotland that every merchant so offending shall forfeit his whole goods, the ships wherein the said goods shall be transported to be escheated and forfeited, the customs officers, searchers and other officers of the customs whatsoever in case of consent or knowledge upon their part to the transporting of such wares, to lose their offices and goods and their persons to be imprisoned during his majesty's will; and of the said escheats and forfeits, two parts to appertain to his majesty if the customs be not set in feu ferm and the third part to the informer, and if the customs be farmed, one third of the forfeitures to belong to his majesty, one third to the farmers of the customs and the other third to the informer; and the trial of the offence to be summarily in Scotland in the exchequer by writ, sufficient witnesses or oath of party or before the justice by assize, and his majesty's officers within this realm of Scotland to concur with the complainer having interest in the pursuit. And for the more surety that there shall be no such transportation of goods exported from Scotland to England, statute and ordain that at the shipping of all such native commodities there be taken by the customs officer of the port where the goods or wares are embarked a bond or obligation to be subscribed by the owner of the said goods and the owner of the ship if the owner be present, or (in case the owner be absent) by the master of the ship and the factor or party that loaded the goods, the said bond containing a sum of money answerable to the value of the goods, with condition for releasing of the party bound and discharging him of the foresaid bond in case return be made of due certificate to the said customs officer where the goods were loaded from any port within Scotland; the certificate to be subscribed and sealed by the officers of the customs of the port where the goods shall arrive and be loaded, or if there be not such officers, then by the chief officer or magistrate and town clerk under their hands, the tenor of the which bond to be in manner following: Be it known to all men by this act, we A. B. and C. D., skipper in Leith, to be justly owing and due to our most gracious sovereign the king's majesty the sum of £1,000 Scottish money, the which sum we faithfully bind and oblige us, our heirs, executors and assignees and each one of us, jointly and severally, faithfully to content, pay and deliver to our said sovereign lord, his heirs and successors, renouncing all exception of not numerate money and all other exceptions which may be proposed in the contrary etc., with provision always that if we, the foresaid A. B. C. D., who has shipped and loaded at the port of Leith in the ship called the Lyon, whereof E. F. is master under God, six lasts of salmon, 30 lasts of herring etc. to be transported to the port of Yarmouth in England and laid on land there, as by the entry thereof made in his majesty's books of the said port of Leith is evident, do discharge and lay on land the said goods at the said port of Yarmouth or any other port within the kingdom of England out of the said ship and not elsewhere; and within a year next ensuing the date hereof, bring and deliver to the officers of the port of Leith whom it concerns a true certificate under the hands and seals of office of the magistrates of the said port of Yarmouth or of any other port of the kingdom of England where the said goods shall be landed and delivered, testifying the landing and true delivery of the premises without fraud or guile. And in case the validity of the said certificate shall happen to be impugned or brought in question, shall in the next term after the end of the said year make sufficient proof in the exchequer before the lords auditors thereof by lawful witnesses or proofs as they shall allow of that, then and in that case this above-written obligation shall be null and of no value, force nor effect, or else to abide in full effect and virtue. And because the certificate being returned may nevertheless either by negligence or by mischance be lost and the bonds being extant and no record had of the certificate, the party who was bound, his heirs and executors may be subject to the penalty of the said bond, for remedy hereof, as it is already found that the space of a whole year after the date of the said bond be yielded and allowed for the return of the said certificate, so the estates of this realm ordain that upon the exhibiting of the certificate to the customs officer, he shall forthwith note upon the bond the receipt of such a certificate, bearing the testimony by whom the same was given, the contents thereof and the date of the same; and if within the space of two years next after the exhibiting of the said certificate the truth and validity thereof shall not be impugned and called in question, in that case the said bond shall be held fully satisfied and discharged; and after the expiration of the said two years, no question or challenge to be made upon the bond against the party obliged, and the bond itself (ipso facto) to be for ever after null, void and of no effect. And forasmuch as the said estates of this realm agree that the like bonds be given by Scotsmen trafficking and loading their ships within any part of England, and that the order above-written be also observed by them, which is prescribed and set down by this above act of exportation in all the particular heads thereof, and to the end that there may be due execution in the exchequer of either realm of such bonds as shall happen to be forfeited (in case the parties forfeiting the said bonds be not to be found in that realm where the bonds were taken and forfeited but in the other), therefore the said estates consent and agree that the bonds so forfeited on either part shall be mutually and reciprocally transmitted from the exchequer of the one realm to the other (as cause shall require), and that the debts recovered upon the said bonds forfeited shall be likewise transmitted and answered to the exchequer of either realm where the bonds were taken. And furthermore, touching the indifferent shipping of commodities either by Scotsmen or Englishmen in Scottish vessels, the said estates statute and declare that Englishmen may freight and load their goods in Scottish ships and vessels, paying only Scottish customs within the realm of Scotland, notwithstanding of any contrary laws or prohibitions. And regarding the article of the making of great ships and maintenance thereof, the said estates grant commission to the burghs of Edinburgh, Perth, Dundee, Aberdeen, Glasgow, Ayr, St Andrews, Montrose, Kirkcudbright, Irvine, Crail, Burntisland and Culross to meet and convene and set down order for furtherance of the trade of navigation, pacifying and repressing all abuses whereby the said trade is prejudiced, and to set down such order for building of ships and all sort of vessels as they think most convenient, and the articles agreed upon by the burghs foresaid to be as sufficiently authorised as if they had been expressed in this present act. And because the foresaid estates of this realm esteem it requisite that the mutual communication aforesaid shall not only be extended to matters of commerce but also to other benefits and privileges of natural-born subjects, therefore find and declare that all the subjects of the realm of England born since the decease of Elizabeth, the late queen of England, and all that shall be born hereafter under the obedience of his majesty and his royal progeny, are by the common laws of Scotland and shall be forever enabled to obtain, succeed, inherit and possess all lands, goods and chattels, honours, dignities, offices, liberties, privileges and benefices, ecclesiastical or civil, in parliament and in all other places of the said kingdom of Scotland in all respects and without any exception whatsoever, as fully and amply as the born subjects of Scotland might have done or may do in any sort. Moreover, for the better advancing of the foresaid happy union and testification of the loyal disposition towards his majesty, and for the increase and continuance of the mutual love, friendship and amity between the subjects of the foresaid two ancient kingdoms, the foresaid estates of Scotland find and declare all the subjects of the kingdom of England born before† the decease of the late queen of England to be enabled and made capable to acquire, purchase and inherit, succeed, use and dispose of all lands, inheritances, goods, offices, honours, dignities, liberties, privileges, immunities, benefices and preferments whatsoever within the kingdom of Scotland with the same freedom and as lawfully and peaceably as the very native and natural-born subjects of this realm where the said rights, states or profits are established, notwithstanding of whatsoever law, statute or former constitution heretofore enforced in the contrary, other than to acquire, possess succeed or inherit any office of the crown, office of judicatory or any vote, place or office in parliament, all which to remain still free from being claimed, held or enjoyed by the subjects of England within the realm of Scotland born afore the decease foresaid, notwithstanding any word, sense or interpretation of this act, or any circumstance thereon depending until there be such a perfect and full accomplishment of the union as is mutually desired by both the realms. And notwithstanding of this above exception, the foresaid estates expressly reserve his majesty's prerogative royal to dispose, enable and prefer to such offices, honours, dignities and benefices whatsoever in the said kingdom of Scotland, as are heretofore excepted in the preceding reservation, all English subjects born before the decease of the said late queen, as freely, as sovereignly and absolutely as any his majesty's royal progenitors or predecessor kings of Scotland might have done at any time heretofore, and to all other intents and purposes in as ample manner as if no such act had been made or ever thought or conceived. And forasmuch as the foresaid estates of this kingdom of Scotland have made, granted and consented to all the acts and statutes before specified, and to all the special liberties and privileges therein contained, upon provision and condition only that the foresaid union shall proceed, work and take the like final end and effect upon the part of the estates of England in favour of Scotland, after the form and tenor of the foresaid treaty of union and conclusions thereof agreed and accorded upon by all the foresaid commissioners of both kingdoms the times foresaid and no otherwise, therefore the said estates of Scotland statute, decree and declare that all the above-written acts, liberties, privileges and each one of them and every head, article and member thereof shall cease, abide suspended and be of no strength, force nor effect hereafter, until and to the special time that the estates of England by their acts and statutes in parliament determine, grant and allow the same and as many acts, privileges, liberties, freedoms and immunities to the subjects of the kingdom of Scotland, to be enjoyed and possessed by them within the realm of England, according to the foresaid treaty in all points.
[1607/3/13]*[print] [email] [cite] [preceding] [following]
2. Our sovereign lord and estates of this present parliament ratify, approve and confirm the two acts of parliament made by his highness, with consent of the estates of this realm, the one thereof made in his highness's 12th parliament, 120th act, against the sayers of mass, Jesuits, seminary priests, trafficking papists and receivers of any of them, and the other act made in his highness's 14th parliament, 193rd act, against wilful hearers of mass, in the whole heads, articles and clauses thereof; and decree and ordain the same two acts to have effect and to be put to execution against the contraveners thereof in all time coming with this addition: that all wilful receivers of excommunicated papists and who are at the horn for the same cause, after that publication be made by the minister the time of preaching or prayers at the parish kirk where the receivers of the said papists shall dwell for the time, shall pay to our sovereign lord and to his highness's treasurer the penalties contained in the act of parliament made regarding non-communicants: that is to say, every earl as he shall contravene the premises, £1,000; every lord, 1,000 merks; every baron, £500; every freeholder, 300 merks; every yeoman, £40; and every burgess, according to the modification of the king's majesty and lords of secret council; which pains ordains our sovereign lord's treasurer to intromit therewith and exact the same to his highness's use.
[1607/3/14]*[print] [email] [cite] [preceding] [following]
3. Forasmuch as the conventual brethren and canons of the monastery of St Andrews were the ancient chapter and counsel of the archbishop thereof, who now are decayed and few of them being alive, likewise the priory and fruits thereof are to be erected in a temporal lordship, and necessary it is that the said archbishop shall have a constant chapter, according to the ancient policy of the kirk and fundamental laws of this kingdom, therefore our sovereign lord, with advice of the estates of this present parliament, gives, grants and commits full power and commission to George [Gledstanes], archbishop of St Andrews, to elect and nominate seven qualified persons of the clergy at least dwelling and having charge and administration within his diocese, to be the perpetual convent, council 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, the entrant succeeding to the said place or charge to succeed also in that room of the chapter or convent, and yet nonetheless reserves to the said archbishop and his successors their ancient privilege, namely: that the common seal of the said chapter to be made of new by their own advice shall serve for their consent without their subscriptions. Moreover, it is found and decreed 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 times 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 have been in any time of before, and so to endure in force for consent of the said chapter until the election of the said chapter and making of the new common seal.
[1607/3/15]*[print] [email] [cite] [preceding] [following]
4. Our sovereign lord and estates of parliament presently convened, considering the hurt and exhausted estate of the bishopric of Dunkeld by the late possessors thereof, whereby the same is presently in no way able to maintain the present titular or any of his successors according to his rank, degree and place, whereby they may in any competent sort either do that service to his majesty or that good in the church which their place and function require, for the enabling, therefore, of [James Nicolson], present bishop of Dunkeld and his successors for his majesty's service, his highness and estates foresaid have annexed and adjoined to the foresaid bishopric of Dunkeld the church of Megill, parsonage and vicarage thereof, to be in all time coming held, accounted and reputed as one of the churches of the said bishopric, and the rents thereof to be specially appropriated to the bishop's own use, he always providing the minister serving the cure thereat of a good, sufficient, local stipend, and the remainder of the said duties, profits and emoluments of the said church to uplift to his own use and for his own maintenance.
[1607/3/16]*[print] [email] [cite] [preceding] [following]
†5. Our sovereign lord and estates of parliament, considering that there was in the parliament held at Perth in the month of July 1606 diverse benefices pertaining of old to abbots, priors and nuns erected to sundry persons in lordships and baronies, and that the patronages of kirks pertaining to the same benefices are given and annexed to the said lordships and baronies to the foresaid persons, as also that there are sundry other patronages of benefices given and conveyed by his highness, with consent of the said estates in that parliament, to sundry other particular persons, at the which time our said sovereign lord and estates, being willing that there should be a yearly duty contained in every one of the said erections to be paid to our sovereign lord and his successors, and that the ministers serving or that hereafter should serve at the kirks of every parsonage and vicarage whereof the patronage was conveyed to whatsoever person, either in their erections or otherwise, be provided of sufficient stipends; therefore, our said sovereign lord and estates foresaid gave full power and commission to John [Graham], earl of Montrose, great commissioner, Alexander [Seton], earl of Dunfermline, chancellor of this realm, Alexander [Livingston], earl of Linlithgow, George [Home], earl of Dunbar, treasurer, David [Murray], lord Scone, comptroller, Mark [Kerr], lord Newbattle, Master John Preston of Penicuik, collector general, Sir Thomas Hamilton of Binning, knight, advocate, Sir John Cockburn of Ormiston, knight, justice clerk, Sir Richard Cockburn of Clerkington, knight, lord privy seal, and Sir John Skene of Curriehill, knight, clerk register, (or to any six of them, the said lord commissioner being always one of them) to modify, decree and declare the yearly duty to be contained in every one of the said erections to be paid yearly to our said sovereign lord and to his highness's successors; and also gave full power and commission to the said John, earl of Montrose, great commissioner foresaid, the said Alexander, earl of Dunfermline, chancellor, John [Fleming], earl of Wigtown, lord Fleming, George [Gledstanes], archbishop of St Andrews, John, [...], [David Lindsay], bishop of Ross, James [Law], bishop of Orkney, Sir Robert Melville [of Murdocairnie], [...] Master John Preston of Penicuik, collector general, Sir Thomas Hamil[ton], Sir John Cockburn of Ormiston, knight, justice clerk, Master Patrick Galloway, Master James Nicolson, Master Andrew Lamb (or to any eight of them, the said lord commissioner or the said lord chancellor being always one) to modify, decree and declare to every minister serving or that hereafter shall serve at every one of the said kirks the cure their yearly stipends in all time coming, as at more length is contained in the said first act of parliament of the date foresaid. And now our said sovereign lord and estates of this present parliament, considering that the said John, earl of Montrose was specially designed in both the said commissions as sine quo non, and that through his sickness and disease which did befall to him very shortly after the date of the said commission, the rest of the foresaid commissioners for the lack of his presence could in no way proceed nor do anything at all in their said commissions and meetings; therefore, our said sovereign lord and estates of this present parliament, to the effect that the said sickness of the said Earl of Montrose or any such like incident in the persons of any one man be not an hindrance and impediment to the progress of that work regarding the modifying of his blench duties in the said erections and of the ministers' stipends serving the cure of the kirks foresaid, according to the tenor of the said first commission in all points, has nominated, elected and chosen and, by the tenor hereof, elects, nominates and chooses the said Alexander, earl of Dunfermline, chancellor, Patrick [Lyon], earl of Kinghorn and Mark [Kerr], earl of Lothian, and declares that any of the said three earls now nominated, elected and chosen shall be of the quorum in the foresaid commission in place of the said John, earl of Montrose, as well for setting down of the blench duties as for modification of the said ministers' stipends of all erections and patronages of benefices given, granted and conveyed in the foresaid first parliament held at Perth in the said month of July 1606, and also of all erections and patronages granted or confirmed in this present parliament, and that notwithstanding the absence, sickness or decease or any two of them, that the presence of the third shall be sufficient with a due number of the rest of the said commissioners to proceed in that business according to the tenor and contents of the said first commission in all points. And to the effect foresaid, the said estates ordain the foresaid commissioners nominated in the said first parliament and in this present parliament in manner foresaid to begin their meetings at Edinburgh for modifying of the said blench duties and ministers' stipends, according to the tenor of the said commissions, 1 November next, and to continue daily thereafter in time coming in their meetings so often as the said commissioners shall think expedient for effectuating of the premises.
[1607/3/17]*[print] [email] [cite] [preceding] [following]
†6. Our sovereign lord and estates of this present parliament, considering how woods, parks and all sort of planting and fencing decay within this realm, and how dovecots are broken, bees stolen, men's proper lochs and ponds despoiled of fish, to the great hurt and prejudice of the country and decay of policy, therefore ratify and approve all acts of parliament made of before for conservation of planting and policy and against breakers of dovecots, stealing of bees and of fishes out of men's ponds and proper lochs in the whole points, articles and clauses thereof, and ordain the same to be put to execution against the contraveners thereof. And further, the said estates statute and ordain that whosoever shall be found hereafter to break down his neighbours' woods and park dykes, fences, ponds or enclosures to pasture within the said fences, cut trees, broom or shear grass within the same, or yet break dovecots, steal bees and fishes in proper ponds and lochs, shall be called and convened thereof as a breaker of the law either before the privy council or any other ordinary magistrate within this realm at the option of the party complainer; and the penalty to be imposed and taken off the contraveners before the said ordinary inferior judges ought not to exceed the sum of £40 of this realm, and the secret council to impose such penalties against the contraveners of this present act as after trial taken in the cause they shall find the offender to merit and deserve, without prejudice always of putting of all former acts made regarding the premises to execution after the form and tenor thereof.
[1607/3/18]*[print] [email] [cite] [preceding] [following]
7. Our sovereign lord and estates of this present parliament, having consideration of the great hurt and damage that our sovereign lord's lieges have sustained and daily sustain by the great diversity and disconformity of the weights, mets and measures within this realm, notwithstanding of diverse and sundry acts of parliament made in the contrary by our said sovereign lord's most worthy progenitors and by his majesty's self in the parliament held at Edinburgh, 29 July 1587, and that the negligence of the putting of the said acts of parliament to due execution is greatest occasion thereof, it is therefore statute and ordained that each sheriff, stewarts of royalties and regalities, provosts, bailies and aldermen of burghs, each one of them within their own bounds and jurisdiction, put the said acts of parliament regarding weights, mets and measures to due execution between the date hereof and 1 January next, under all highest pain, through which that there may be an universal conformity of weights, mets and measures throughout the whole realm; with power also to the foresaid judges to take trial of false mets and measures, and the users of false mets and measures whole goods and gear to be escheat thereof.
[1607/3/19]*[print] [email] [cite] [preceding] [following]
8. Our sovereign lord and estates of this present parliament ratify, approve and confirm the act of parliament made by King James V of worthy memory, entitled 'Act regarding conducing of craftsmen', which is the 111th act, in the whole points, articles and clauses thereof; and ordain the same to have effect and to be put to execution in time coming after the tenor thereof, notwithstanding whatsoever act or statute made in the contrary.
[1607/3/20]*[print] [email] [cite] [preceding] [following]
9. Our sovereign lord and estates of this present parliament, understanding the Latin tongue to be greatly diminished within this realm, to the heavy prejudice of the common welfare of the same, and the special cause thereof to be the want of the uniform teaching of all the parts of grammar established by a law in all the parts of this realm, through which, by the curiosity of diverse masters of schools, both to burgh and land, taking upon them after their inclination to teach such grammar as pleases them, the youth who by occasion of the pest and otherwise being often and diverse times changed to diverse schools and masters by alteration of the form of teaching are wholly prejudiced; for remedy whereof, it is thought expedient by our sovereign lord and estates of this present parliament that there shall be a settled form of the best and most common and approved grammar, and all parts thereof, collected, established and printed to be universally taught in all the parts of this realm by the whole masters and teachers of grammar in all time coming; therefore, our said sovereign lord and estates of parliament presently convened have given and granted and, by this commission, give and grant full power and commission to Alexander [Seton], earl of Dunfermline, chancellor of this realm, James [Elphinstone], lord Balmerino, secretary to his majesty, Sir Thomas Hamilton of Binning, knight, his highness's advocate, Master John Preston of Penicuik, collector general, Sir John Skene of Curriehill, knight, clerk register, Master Thomas Craig and Master William Oliphant, advocates, Master William Scott of Elie, Master Patrick Sands and Master John Roy, schoolmaster of Edinburgh, or any five of them jointly, to try, examine, conclude and set down such form and order as they shall think most fit and expedient to be observed hereafter by all masters of grammar within this realm; and our said sovereign lord and estates foresaid declare that the proceedings of the said commissioners in the said matter shall be as effectual as if the same were specially set down by act of this present parliament, and that publication be made thereof at all places needful, with command therein to all masters of schools to obey the same under the pain of deprivation of them from teaching and payment of £20 to the poor of the parish where they dwell.
[1607/3/21]*[print] [email] [cite] [preceding] [following]
10. Our sovereign lord and estates of this present parliament ratify and approve the act made of before in his highness's parliament held at Edinburgh, [...] November 1600, whereof the tenor follows: Our sovereign lord and estates of this present parliament, understanding the great prejudice sustained by the lieges of this realm where the judgement seats of sheriffs and other judges are not so commodious neither in building nor situation as the sheriff, other judges and their deputes may conveniently sit nor the parties may resort thereto, and specially that the sheriff of the Mearns, alias Kincardine, and his deputes have been in use these many years to sit at Kincardine where there is neither a tolbooth nor any house to parties to lodge into for their entertainment, nor yet is the place in the midst of the shire, whereby the lieges of the said sheriffdom are greatly damnified; for remedy whereof, it is statute and ordained that the sheriff of the sheriffdom of Kincardine in all time to come shall sit and hold their courts at Stonehaven, as place most fit and convenient to them and to the whole lieges within the said shire, and that all precepts to be directed shall be to warn all parties within their jurisdiction to compear, to pursue and defend in their courts at the said burgh of Stonehaven in all time hereafter. And further, his majesty and estates foresaid decree, statute and ordain the said burgh of Stonehaven and market cross thereof to be in all time coming the head burgh of the said sheriffdom of Kincardine, and the market cross thereof to be the place at the which all citations, charges, denunciations of hornings and others whatsoever, comprisings by virtue of whatsoever decreets, publications of inhibitions, interdictions and of all other charges and executions whatsoever which properly belong and appertain to be done, used and executed at the market crosses of the head burghs of any sheriffdom within this realm, to be used and done within the said sheriffdom of the Mearns, alias Kincardine, shall be used and executed in all time coming; and declare all citations, denunciations, publications, comprisings and other executions of the like nature to be used at any other place within the said sheriffdom of the Mearns than at the said market cross of Stonehaven to be null and of no [value] nor effect in all time coming.
[1607/3/22]*[print] [email] [cite] [preceding] [following]
11. Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies, approves and, for his majesty and his successors, perpetually confirms the infeftment made and granted by his majesty to his highness's dearest spouse Anne, by the grace of God, now queen of Great Britain, France and Ireland, and to the heirs lawfully procreated or to be procreated between his majesty and his highness's dearest spouse foresaid, which failing (as God forbid) to his highness's heirs and successors whatsoever to the crown of the kingdom of Scotland, of all and whole the monastery and abbacy of Dunfermline lying on both the sides of the water of Forth, containing all and sundry the lands, lordships, baronies, mills, woods, fishings, mansions, manor places, kirks, teinds, kirk lands, tenants, tenancies, service of free tenants, yards, orchards, feu mails, ferms, kanes, customs, annualrents and others particularly and generally contained in the said infeftment proceeding upon the resignation of Henry Pitcairn of that Ilk, as commendator of the said abbacy of Dunfermline for the time, with consent of the convent thereof in manner and to the effect mentioned in the same infeftment, which are thereby united, erected and incorporated in a whole and free temporal lordship to be called in all time coming the lordship of Dunfermline, to be held of our sovereign lord and his successors in free blench, free heritage and free lordship forever, for the yearly payment of the sum of 6s 8d money of this realm of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked, only, likewise at more length is contained in the said infeftment under his highness's great seal of the date at Linlithgow, 7 March 1593 [1594], and of his highness's reign the 27th year, with the precept and instrument of sasine following thereupon, in all and sundry points, passages, heads, articles, clauses, circumstances and conditions whatsoever therein contained, after the forms and tenors thereof, willing and granting and for his majesty and his successors, with advice foresaid, decreeing and ordaining that this present confirmation is and shall be as valuable, effectual and sufficient in all respects as if the same infeftment, charter, precept and instrument of sasine were at length engrossed herein.
[1607/3/23]*[print] [email] [cite] [preceding] [following]
12. Our sovereign lord and estates of this present parliament ratify, approve and confirm all and whatsoever acts of parliament and laws made in favour of the free burghs of this realm at any time of before, with all ancient liberties, privileges and immunities granted to them by our said sovereign lord or by any of his highness's predecessors.
[1607/3/24]*[print] [email] [cite] [preceding] [following]
13. Our sovereign lord and estates of this present parliament ratify, approve and confirm all acts, laws, decreets and privileges granted or given in favour of his highness's free royal burghs; and considering the great hurt and damage daily sustained by the burgess inhabitants of his majesty's royal burghs, who underlie and bear all burdens imposed upon the estate of burghs in all his majesty's services, through the continual increase of unfree traffickers dwelling in diverse parts of this realm not being burgesses of the said royal burghs, and nevertheless keep and hold open booths, buy and sell merchandise and otherwise use the liberties and privileges of free burgesses as if they were burgesses and actual residents within the said royal burghs, in manifest defraud of our sovereign lord's customs and to the prejudice of the liberties of the said free royal burghs; and therefore statute and ordain that all unfree persons not being actual burgesses of the said free royal burghs, who bear not burden and pay not tax and stent to his majesty, shall desist and cease from using of any trade of merchandise or of the liberties and privileges foresaid of the said free royal burghs under the pains contained in the acts of parliament made regarding unfree traffickers of before, and that letters of horning be directed hereupon, charging whatsoever unfreemen and usurpers of the privileges of the said burghs to find sufficient caution for obedience of this act, and also that letters of horning be directed upon all acts and decreets of burghs given at their conventions between burgh and burgh and burgesses of free burghs upon a simple charge of 10 days without calling of party.
[1607/3/25]*[print] [email] [cite] [preceding] [following]
14. Our sovereign lord, with advice of the estates and whole body of this present parliament, ratifies, approves and perpetually confirms the ancient liberties, freedoms and privileges made and granted by our sovereign lord or any of his highness's predecessors to, and in favour of, the burgh of Crail, bailies, council, burgesses, community and inhabitants of the same burgh of Crail; and forasmuch as the ordinary weekly market day given to the said town of Crail of old was appointed to be a Sunday, which now is abrogated and discharged by acts of parliament and laws of this realm, therefore, in place thereof, our said sovereign lord and estates foresaid have nominated, given, granted and confirmed to the said burgh of Crail in all time coming an ordinary weekly market day, to be kept and held therein weekly on Friday. And also in consideration that the ordinary fair yearly held within the said burgh of Crail and granted thereto of old was held and kept upon 14 September, called Rudday,† which fair, in respect of the harvest, was in effect unprofitable to the said burgh, his majesty and estates foresaid have therefore of new given, granted and perpetually confirmed to the said burgh in all time hereafter full power, privilege and liberty of another free fair to be held and begun yearly within the said burgh of Crail upon 10 March and to endure for the space of eight days next thereafter, together with all customs, immunities, privileges, profits, casualties and duties pertaining to a free fair to be proclaimed, kept and defended by the magistrates, burgesses and inhabitants of the said burgh, likewise and as freely in all respects as any other burghs are and have been in use to do in like cases; and ordain letters of publication to be directed hereupon if need be in the appropriate form.
[1607/3/26]*[print] [email] [cite] [preceding] [following]
15. Our sovereign lord and estates of this present parliament, having diligently and advisedly considered the estate of the burgh of Dumbarton being in danger to be ruinated by the violent course of the river of Leven and rage of sea, whereby, if timeous remedy be not provided in very short time, the whole town shall be carried away and destroyed; and for preventing thereof, his majesty, having of before granted commission to certain noblemen of the council and estate for avoiding the decay and apparent loss of the said burgh through the occasion foresaid, and for treating and consulting what expenses and sums of money were requisite for the help and safety of the said burgh, and a true and right trial being taken therein by the said noblemen, barons and other skilled persons whose advice was taken thereupon that no less than the sum of £30,000 Scots money was able to bear out and furnish the necessary charges and expenses in performing those works that are able to save the said burgh from utter destruction, therefore our said sovereign lord and estates foresaid find fit and expedient that a taxation of the sum of 25,000 merks shall be levied and uplifted of the whole lieges within the kingdom of Scotland and divided as follows, namely: the sum of 12,500 merks thereof to be paid by the spiritual estate, 8,333 merks 3s 4d by the barons and freeholders, and the sum of 4,166 merks 8s 10d by the burghs of this realm, and have ordained the same sum to be paid between now and 1 February next. And the said estates, having given full power and commission to the commissioners of the burghs of this realm to nominate such persons as they should think good to be collectors of the same taxation, they have nominated and made choice of Thomas Fallasdaill, bailie of Dumbarton, and John Semple of Corrith, burgess thereof, to be collectors of the same; and for collection of the spiritual men's parts of the same taxation, it is statute and ordained that letters be directed charging all and sundry archbishops, bishops, abbots, priors and other beneficed persons contained in the tax rolls, their chamberlains, factors and intromitters with their livings, to make payment of the sums that they and every one of them are taxed to, to the said Thomas Fallasdaill, bailie of Dumbarton, and John Semple of Corrith, burgess, their collectors foresaid, their deputes and officers in their names having their power to receive the same at the term above-specified, under the pain of rebellion etc., and if they fail, to denounce and escheat etc., and that the prelates and beneficed persons for their relief have letters charging their vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to make payment of their parts of the same taxation proportionally within 20 days next after the charge, under the pain of rebellion etc., and if they fail, to denounce and escheat etc, and, if need be, to poind and distrenzie thereof as they shall think most expedient; always declaring that the production of sufficient hornings against the said feuars, vassals, tacksmen and pensioners shall be a relief to the said prelates and beneficed persons and shall exonerate them for as much from the payment of the same taxation, providing that the same hornings with their tax rolls authentically made and subscribed by the said prelates and beneficed persons and by their feuars, vassals, tacksmen and pensioners containing the particular sums that every one of them are taxed to be delivered to the collectors of the same taxation within 40 days next after the term above-specified appointed for collection thereof, otherwise they shall in no way be obliged to receive the same, neither shall the prelate and beneficed persons be exonerated by production of the same at any time thereafter. And further, that the said prelates and other beneficed persons may have their reliefs of their said vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to their greater ease and less trouble to their said vassals and others foresaid, and to the effect that every man proportionally may pay his part of the same taxation according to the quantity and value of the free rent he has of his lands, pension and teind sheaves pertaining to him, as well the prelate himself as the tacksmen and pensioner, it is thought expedient, statute and ordained that the said prelates, every one of them, shall severally convene his whole feuars, vassals, tacksmen and pensioners at such convenient place as he thinks fittest, and cause summon them personally or at their dwelling places to that effect; and being convened, the said prelates and beneficed persons shall show to their said vassals, feuars, tacksmen and pensioners the quantity of the said taxation imposed upon them authentically subscribed by the clerk of the same taxation, and they with one consent shall distribute the same to be paid by every man as well by the prelate as by the vassal, feuar, tacksman or pensioner, according to the greater or smaller quantity of his free rent that he has either of his lands, teinds or pension; with certification to any one of the said feuars, vassals, tacksmen and pensioners that compeared not at the day appointed to the effect foresaid, that such as shall compear with the said prelate and beneficed persons shall proceed in the equal distribution of the same taxation as well amongst them that are present as the absents, which shall be as lawful in all respects as if the whole number were convened. And for collection of the barons' and freeholders' parts of the same taxation and of the taxation of our sovereign lord's proper lands, that letters be directed charging all and sundry sheriffs, stewarts and bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper land, that they and each one of them within the bounds of their offices raise and uplift the said sum of 5s money of every pound land of old extent lying within the bounds of their jurisdictions, and bring in and deliver the same to the said Thomas Fallasdaill and John Semple, collectors general appointed for receiving of the same taxation, or to their deputes and officers in their names having their powers to receive the same at the terms above-specified, under the pain of rebellion etc.; and if they fail therein, the said term being past, to denounce and escheat etc., and for their relief that letters be directed charging all and sundry earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands to make payment to the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper land, each one of them for their own parts respectively, of the said sum of 5s for every pound land of old extent pertaining to them within 20 days next after they be charged thereto, under the pain of rebellious etc.; and if the fail, to denounce and escheat etc., and, if need be, that the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie thereof, as they think most expedient. And that the said earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands have letters to charge for their relief their vassals, subvassals, ladies of terce, conjunct fiars and life-renters to make payment of their parts of the same taxation within 20 days after the charge, under the pain of rebellion etc., and if they fail, to denounce and escheat etc, and, if need be, to poind and distrenzie etc. And for collection of the burghs' part of the same taxation, that letters be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the said Thomas Fallasdaill and John Semple, his highness's collectors general foresaid, their deputes and officers in their names having their power to receive the same, under the pain of rebellion etc.; and if they fail, to denounce and escheat etc., and for their relief that letters be directed charging all and sundry inhabitants within each burgh to convene and elect certain persons to stent their neighbours; and the said election being made, to charge the persons elected to accept the said charge upon them in setting of the said stent upon the inhabitants of each burgh, and to convene and set the same and make a stent roll thereupon as appropriate within 24 hours next after they be charged thereto under the pain of rebellion etc.; and if they fail, to denounce and escheat etc.; and also the said stent roll being made and set as said is, to charge the burgesses, neighbours and inhabitants of each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be given out thereupon within three days next after the charge, under the pain of rebellion, and if they fail, to denounce and escheat etc., and, if need be, that the said provost and bailies poind and distrenzie thereof as they shall think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear that he has within burgh, in no way respecting his lands nor possessions which he has to landward, for the which he will be obliged to pay taxation to other officers. Moreover, his highness and the said estates decree and declare that the charges to be given for payment of the same taxation shall be executed before the term of payment above-specified, and that the denunciation of horning following thereupon shall not be executed until the term of payment be passed, which denunciation so following upon the charges given before the said term of payment the said estates decree and declare to be valid and sufficient. Moreover, his majesty and the said estates, considering the great abuse that has been used in all times bygone by sundry of the lieges of the realm, against all good conscience, in causing of their poor farmers and labourers of their ground, being removable, who are subject in payment of very dear ferms, to relieve them of the whole burden of the same taxation, which has been the occasion of the impoverishing of a great number of the said poor labourers and farmers and bringing of them to an utter wrack and ruin, whereas of reason the said tenants should be altogether free from the payment of any taxation and the same should be paid by such as have free rent, lands and goods of their own; for remedy whereof, it is statute and ordained that no person whatsoever exact or compel his tenants or farmers removable who pay him ferm for his lands occupied by them, to pay any part of this present taxation or to suit relief of the same at their hands; and if the same be found done by any persons that they shall be called and convened thereof before his highness's justice and his deputes as violent and masterful oppressors of his highness's subjects, and punished for that according to justice. Moreover, it is concluded, determined and resolved that no suspension of any letter or charges to be directed for payment of the same taxation shall be granted by the lords of council and session, but discharges them simply of the granting of the same always as the equity of the cause requires. His majesty and the said estates have given and granted power and commission to Alexander [Seton], earl of Dunfermline, lord high chancellor of Scotland, Mark [Kerr], earl of Lothian, James [Elphinstone], lord Balmerino, lord president of the college of justice, John [Bothwell], lord Holyroodhouse, Sir Thomas Hamilton of Monkland, knight, his highness's advocate, Sir John Cockburn of Ormiston, knight, justice clerk, Sir Richard Cockburn of Clerkington, knight, lord privy seal, Master John Preston of Penicuik, treasurer of the new augmentations, and Sir John Skene of Curriehill, knight, clerk register, giving them (at the least any four of them being altogether convened only) power and commission to grant the said suspensions of the charges directed for the said taxations and to decide the said suspensions according to equity and justice, discharging the said lords of council and session of meddling therewith and of their offices in that part. Moreover, it is specially provided that no discharge shall be given by his majesty to any persons subject in payment of any part of the same taxation, exempting them from payment of their parts thereof; and in case any such discharge shall be so purchased, ordain the said collectors of this present taxation to disregard the same, and to cause execute letters of horning against the persons purchasers thereof, as if the same discharge had never been purchased. Moreover, the said estates give full power and commission to the commissioners of the whole burghs of this realm, by themselves or by such others as they shall depute to that effect, to see the work for the help and safety of the said burgh of Dumbarton to proceed and take effect as they shall think expedient, and to buy, provide and furnish all sorts of materials, and to conduce and see workmen and all other persons fit for perfecting of the foresaid work, and to nominate and choose masters of work and overseers of the same who shall have the credit of disbursing of all sums of money to be bestowed thereupon and shall be accountable to the said burghs for the same; likewise the said estates decree and ordain the said two collectors of the taxation above-specified to make account and reckoning of the whole receipt and disbursement of the same to the commissioners of the burghs at their general convention, the said collectors being lawfully warned thereto upon 40 days' warning before the time of their convening.
[1607/3/27]*[print] [email] [cite] [preceding] [following]
16. Forasmuch as by diverse acts of parliament it was statute and ordained that all our sovereign lord's lieges of this his highness's realm of Scotland live and be governed under the laws and statutes of this realm only and by no other laws, and seeing the old laws of this realm before the days of King James I were almost perished and not extant, and so many of them as were extant were written in papers and were altogether incorrect, therefore the estates of parliament at diverse times committed their full power to sundry persons, to advise, treat and commune regarding the reduction of the said laws, called Regiam Majestatem, and all other acts, statutes and books to be put in a volume, and to be authorised as the said acts at more length purport. And seeing Sir John Skene of Curriehill, knight, clerk register, according to the said acts and ordinances at command of our said sovereign lord and estates of parliament has, by his great travails, pains and expenses, reviewed, corrected, mended and reduced in a volume the said old laws of this realm before the days of King James I, the which volume containing Regiam Majestatem and other laws, the said clerk register has presented before the whole estates of this present parliament, which they have considered and have allowed thereof as memorable and worthy acts to be printed, wherewith and by the acts of parliament made since the whole lieges of this realm shall be judged, ruled and governed; therefore, the whole estates of this present parliament statute and ordain the foresaid volume and book containing the said old laws of this realm now written, corrected and put in form by the said clerk register to be printed authentically for the well of the whole judges, persons and subjects of this realm; and because there will be great expenses incurred in printing thereof by one, in addition to the great pains, travails and expenses made thereupon already by the said clerk register, for defraying of the which expenses the said estates of this present parliament have allowed and granted to the said clerk register the sum of [...] usual money of this realm to be paid by the sheriffs, bailies, stewarts, barons and other judges of this realm, as well of royalty as regality, and by the prelates, earls, lords and burghs of this realm; and to the effect that the foresaid sum may be contributed amongst the foresaid persons and the more thankfully paid to the said clerk register for the greater expedition of the printing of the foresaid old laws and statutes, have given and granted full power and commission to Alexander [Seton], earl of Dunfermline, chancellor of this realm, Mark [Kerr], earl of Lothian, Patrick [Lyon], earl of Kinghorn, James [Elphinstone], lord Balmerino, secretary and president of the college of justice, Master Alexander Douglas, bishop of Moray, Master Alexander Forbes, bishop of Caithness, Master William Melville, commendator of Tongland, John [Bothwell], lord Holyroodhouse, Sir James Scrimgeour of Dudhope, Sir John Cockburn of Ormiston and [John Livingstone], laird of Dunipace, George Heriot, goldsmith, burgess of Edinburgh, George Bruce [of Carnock], burgess of Culross, and John Lockhart [of Boghall], burgess of Ayr, or to any five of them, to set down a stent roll amongst the foresaid persons who should pay the foresaid sum to the said clerk register in manner foresaid, and to divide the same sums amongst them as they shall think expedient; and whatever the said persons, or any five of them, do in the premises, the said estates, now as then and then as now, declare to be as lawful and sufficient as if the same had been concluded, statute and ordained in this present parliament, and that letters be directed upon a simple charge of six days by deliverance of the lords of session for payment of the foresaid sums, as the foresaid persons shall set down the same by their stent, and that no suspension be granted in favour of whatsoever person or persons except by the lords chancellor, president, [Master John Preston of Penicuik], collector, and [Sir Thomas Hamilton of Binning], advocate, or any two of them.
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17. Our sovereign lord and estates of this present parliament, remembering and perfectly understanding the good, true and thankful service done by his highness's right trusty cousin and councillor Archibald, earl of Argyll, lord Campbell and lord justice general of this realm of Scotland, not only in his highness's private and particular affairs, but also in the public affairs greatly tending to the common good, peace and tranquillity thereof and lieges of the same, in the faithful and diligent discharging of diverse and sundry great commissions wherein he was employed by his majesty for repressing of the insolence of the barbarous people and broken men of the highlands of this realm and conforming of them to his majesty's obedience and laws, and specially against that insolent and wicked race and name of the Glengregor, notorious villains and malefactors, and in the bringing in of the laird of MacGregor with a great number of the principal of that name who were worthily executed to the death for their transgressions, and in the reducing of a great number of others of that clan and their associates to his highness's obedience; 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 majesty, this realm and lieges thereof, in the which service the said Archibald, earl of Argyll has sustained and disbursed great charges and expenses known to his majesty and estates foresaid. In recompense of the which service, his majesty, with advice of the estates of this present parliament, has dissolved and, by this act, dissolves from his highness's crown and patrimony thereof all and sundry the feu ferms underwritten due to his highness for the lands after-specified, namely: 66 stones of meal and 12 bolls of malt for the twelve merk land of Auchincorse; 94 stones of meal for the nine merk land of Bar; 126 stones of meal and 64 bolls of malt for the seventeen merk land of Killonane; 6 stones of meal for the four merk land of Craig; 184 stones of meal, 64 bolls of malt for the twelve merk land of Carskey; 82 stones of meal for the five and a half merk land of Polliwilline; 90 stones of meal and 10 bolls of malt for the seven merk land of Kildavie and Glenmucklach; and 186 stones of meal and 64 bolls of malt for the twelve merk land of Machrimore, all lying within the lordship of Kintyre and sheriffdom of [...], and pertaining to his majesty as a part of his highness's property annexed of old to the patrimony of his highness's crown; which lands were set in feu ferm heritably by his majesty, with consent of [David Murray, lord Scone], his highness's comptroller, to the said Archibald, earl of Argyll and his male heirs for the yearly payment of the feu ferm victual above-written, together with certain other mails, ferms, kanes and duties mentioned in the infeftment granted to him thereupon under the great seal of the date at Edinburgh, the [...] day of [...] last; of the which meal above-written nine stone weight is esteemed by his majesty's comptroller to extend to a boll of meal, and the same being accounted together in bolls extends to six chalders, ten bolls of meal, likewise the malt above-specified being calculated together extends to 13 chalders, six bolls of malt, and the foresaid meal and malt being all calculated together, extends in the whole to 20 chalders of victual, to the effect that the same feu ferms of the lands above-specified may be conveyed heritably to the said Archibald, earl of Argyll and his male heirs foresaid, to be held of his highness and his successors in free blench for payment of one penny yearly at the feast of Whitsunday [May/June], if it be asked, only. Moreover, our said sovereign lord, with advice foresaid, declares that this act with the infeftment to follow hereupon shall be a sufficient right and security to the said Archibald, earl of Argyll and his foresaids for possessing, enjoying and conveying upon the said feu ferms yearly in all time coming, discharging his highness's comptrollers, factors and chamberlains, present and to come, of all troubling or molesting of the said Archibald, earl of Argyll and his foresaids or the tenants and possessors of the said lands for the feu ferms thereof above-mentioned in any time hereafter. And further, his majesty with advice foresaid, declares that this act nor the infeftment to follow hereupon shall in no way be hurtful nor prejudicial to the foresaid infeftment granted to the said Archibald, earl of Argyll of the property of the lands above-specified, but he and his foresaids shall possess and enjoy the same perpetually in all time coming for the yearly payment to his highness and his successors, their comptrollers, factors and chamberlains of the silver mails, kanes and other duties (except the foresaid 20 chalders of meal and malt appointed by the tenor hereof to remain with the said Archibald, earl of Argyll and his foresaids heritably in all time coming) due to his majesty and his foresaids for the lands above-written, and contained in the infeftment thereof above-mentioned only; and ordains an infeftment to be completed hereupon to the said Earl of Argyll and his foresaids in the appropriate form.
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18. Forasmuch as at our sovereign lord's desire, the lords and whole estates of his majesty's present parliament held within this realm of Scotland, having seen, read, considered and perfectly understood a special act of his privy council thereof dated at Holyroodhouse, 8 March 1603, whereby his majesty, with advice and consent of the lords of his said privy council and of [George Home, earl of Dunbar], his treasurer, [David Murray, lord Scone], comptroller, and [Master John Preston of Penicuik], collector general of his said realm, for great, reasonable and evident causes therein specified tending to the advancement of his majesty's royal estate, universal peace and quietness of his said realm then sufficiently foreseen, tried and proven, faithfully promised in the word of a king by special act of his majesty's parliament, with advice and consent of the estates of his said realm, for evident causes to be tried and verified therein, to make and cause be made in effect the ratifications, approbations, confirmations, dissolution, new disposition and others underwritten, as the said act of secret council made thereupon more fully purports; therefore the said lords and estates of parliament now convened, having also at his majesty's desire seen, read, considered and perfectly understood all and sundry the charters and infeftments under-mentioned made and granted to the predecessors or authors under-nominated of his majesty's right trusty cousin James, now earl of Moray, lord Doune and Abernethy, of the lands, lordships, baronies, earldom and others underwritten, and knowing perfectly and having of new tried in this parliament by sufficient verifications the causes contained in the said act of secret council to be true, and the same with the good, true and thankful services in many ways done to his majesty in the common and public affairs of his said realm by the said Earl of Moray and his predecessors, to have been and to be reasonable, profitable and evident causes of that same realm so found and proven by decreet of this parliament; in respect thereof, our said sovereign lord and whole estates thereof, with one advice and consent, have ratified, approved and perpetually confirmed and, by the tenor of this present act, ratify, approve and perpetually confirm as well the special act of secret council above-rehearsed as likewise all and sundry the charters and infeftments in special and in general mentioned underneath, made and granted by our said sovereign lord and his most noble progenitors successively, and by the other persons under-mentioned respectively, to the predecessors under-nominated of the said James, now earl of Moray, their heirs and assignees therein specified, of all and sundry the lands, lordships, baronies, earldom, mills, multures, woods, fishings and others whatsoever, as well in special as in general underwritten, which his majesty and estates foresaid will have held as for expressed in this present act, and to be as sufficient and effectual as if every one thereof in particular were by their special names and denominations expressly inserted herein, namely: first, a charter and infeftment made and granted by his majesty under his great seal after his perfect age of 21 years complete, with advice of his comptroller for the time, of the date at Holyroodhouse, 6 January 1587 [1588], to the late James, then lord Doune, grandfather on the father's side to the said James, now earl of Moray, and his male heirs therein designed, of all and sundry the particular towns, lands, mills, multures, woods, fishings, ferms and duties of feu ferm, offices of custody, constabulary, forestry and stewartry therein specified, with the advocation, donation and right of patronage of the chaplainries therein designed and others whatsoever comprehended therein, united, annexed, erected and incorporated in a whole free lordship and barony then called and to be called in all times thereafter coming the lordship of Doune, all lying within the stewartry of Menteith, to be held of our said sovereign lord and his successors in free heritage, free lordship and barony forever, for yearly payment to have been and to be made to his majesty and his successors and to their comptrollers for sundry of the said particular lands, mills, fishings, ferms and duties of feu ferm therein expressed, of all and sundry the yearly feu mails of money, victual and other duties particularly designed in the said charter and infeftment made thereupon, or yearly prices of the said victual specified therein, in the option of the payers, in manner and at the terms therein contained, and for the yearly payment appointed to be made for the office of stewartry of Menteith and office of custody of the castle of Doune, forests and woods of Glenfinglas and other woods and thickets therein expressed, with the fishings of Lochbannaquhair and Lochlipnoch and of the waters of Teith and Goodie, with their pertinents, of one penny money of this said realm in name of blench ferm, if it be asked, and for the said advocation, donation and right of patronage of the chaplainries therein designed of one penny money foresaid in name of blench ferm, if it be asked, only; in the which charter also our said sovereign lord, with advice foresaid, gave, granted, assigned and conveyed to the said late James, lord Doune and his male heirs foresaid certain feu ferms of some particular lands and others therein specified for the custody of the said castle of Doune and for upholding of the same watertight, as the said charter made and granted thereupon containing sundry other heads and articles more fully purports; and also another anterior charter made of before by [Mary], our said sovereign lord's late dearest mother of worthy memory, queen of this realm for the time, under her great seal partly to the said late James, lord Doune, then styled James Stewart of Doune, and the late Margaret Campbell, then his spouse in conjunct fee, and partly to the said late Lord Doune himself and their heirs therein designed of the five merk lands of old extent of Collintogill, the five merk land of old extent of Brokland and of sundry other lands, mills, fishings, offices of stewartry, forestry and others above-mentioned, specified as well therein as in the said charter of the forenamed lands, lordship and barony of Doune, lying within the said stewartry† of Menteith, in manner contained at more length in the said charter made to them thereupon, of the date at Edinburgh, 6 March 1563 [1564]. Item, another charter and infeftment made by our sovereign lord's late dearest father and mother of most worthy memory, Henry and Mary, by the grace of God, king and queen of the said realm for the time, under their great seal of the date at Edinburgh, 1 June 1566, to the late James, then earl of Moray, grandfather on the mother's side to the said James, now earl of Moray, and Dame Agnes Keith, then his spouse, and the longest liver of the two in conjunct fee, and their heirs then lawfully procreated or to be procreated between them, which failing to the nearest and lawful heirs whatsoever of the said late James, then earl of Moray, of all and whole the lands, lordship and earldom of Moray, containing therein all and sundry the particular towns, lands, mills, (of all and whole) multures, woods, fishings and others of the said lordship and earldom of Moray specified in the said charter made thereupon, together with the salmon fishings in the waters of Spey, Findhorn, Slewpule and Lossie with the customs thereof, the burgh mails and customs of Elgin and Forres, with the castle of Darnaway, with the forest, park and thickets thereof and all other lands, towers, fortalices, woods, mills, fishings, parts, pendicles, tenants, tenancies, services of free tenants, advocation and donation of kirks and chaplainries and all others whatsoever of the said lordship and earldom of Moray, with their pertinents, lying within the sheriffdom of Elgin and Forres, and also of all and whole the lands and lordship of Abernethy, with the annexes, dependencies, pendicles and pertinents thereof, and of all and whole the lands and lordship of Strathdearn, namely: the lands of Petty, Brackley and Strathdearn, with all and sundry outsets, pendicles and pertinents thereof, and also the mill of Connage with the right of patronage, advocation and donation of the kirks of Petty and Brackley and the tower and fortalice of Halhill, with all their pertinents, lying within the sheriffdom of Inverness, the lands of Cardoll, the town and lands of Culaird with the tower and fortalice thereof, the Brodland, the half land of Holme, with the salmon and other fishings thereof in the water of Ness, with castles, towers, fortalices, woods, mills, fishings, parts, pendicles, tenants, tenancies, service of free tenants, advocation, donation and rights of kirks, benefices, chaplainries and hospitals of the same and all their pertinents lying within the said sheriffdom of Inverness, to be held of our said sovereign lord's late dearest father and mother and their successors in fee and heritage for ever, for yearly payment thereof of rights and services due and customary, as the said charter made thereupon containing sundry other heads and clauses in the self more fully purports. Item, a charter made and granted by our said sovereign lord's dearest mother above-nominated after her perfect age of 21 years complete, to the said late James, then earl of Moray, and his heirs therein designed, of the date at Stirling, 3 June 1565, of all and sundry the lands and others therein contained then united, erected and incorporated in the barony of Glendowachie and all and sundry the other charters and infeftments made and granted by our said sovereign lord's late dearest mother and others of his predecessors to the said late James, earl of Moray, grandfather on the mother's side to the said James, now earl of Moray, and his heirs designed therein, of whatsoever lands, baronies, mills, multures, woods, fishings and others therein specified of the earldom of Buchan, lordships and baronies of Auchterhouse, Glendowachie and others mentioned therein lying within the sheriffdoms of Forfar, Aberdeen and Banff respectively, of the dates respectively therein contained. Item, the charter of feu ferm made and granted by the late Patrick [Hepburn], bishop of Moray, with consent of the chapter of the cathedral kirk thereof, to the said late James, earl of Moray, his heirs and assignees therein designed, of the town and lands of Spynie and of sundry other lands, mills, multures, fishings and others therein specified which then pertained to the said bishopric of Moray, to be held of the said late bishop thereof and his successors in feu ferm and heritage in manner therein contained, of the date 10 April 1568, and also a charter of the date 13 July 1569, made by Robert Innes, son and apparent heir to James Innes, then of Dranye, with consent of the said James, his father, and Katherine Gordon, his mother, to the said late James, earl of Moray, grandfather above-mentioned, the late Dame Agnes Keith, his spouse, and their heirs therein specified, of all and whole the town and lands called Bischoppismyln, with the corn mill thereof, multures, knaveship and sucken of the same, and of all and whole the lands called the Acres lying in that same town, with the four small cottages and ale house lying also therein, the lands of Pettinkark lying in the barony of Spynie and sheriffdom of Elgin and Forres, and of all and whole the corn mill of Kinnedor lying within the barony foresaid, and that same sheriffdom to be held of the said late Patrick, bishop of Moray, and his successors in manner contained in the said charter made thereupon; and also a charter of confirmation of that same principal charter made and granted by the said late Patrick, bishop of Moray, of the date 15 July 1569. Item, a charter and infeftment of feu ferm made and granted by the late John [Philips], abbot of the monastery of Lindores and convent thereof, of the date 2 November 1560, to the said late James, earl of Moray, grandfather above-mentioned, therein called James, son to the late King James V, and his heirs therein designed, of all and sundry the said late abbots' and convents' lands of Easter Fintray and Wester Fintray, meadow thereof, lochs, ponds and manor place of Fintray, yards thereof, wood of Garvock and fishings upon the water of Don, and all and sundry the lands of Langcruik, with all their parts, pendicles, outsets and pertinents lying in the barony of Fintray, regality of Lindores and sheriffdom of Aberdeen (excepting as is therein excepted) in manner contained at more length in the said charter of feu ferm made thereupon; together with a charter of confirmation following thereupon made and granted by our said sovereign lord's late dearest mother above-nominated under her highness's great seal of the date at Linlithgow, 31 March 1565, ratifying, approving and confirming as well the charter of feu ferm immediately above-specified of the said lands and others therein contained, as likewise another charter of feu ferm of the date 20 March 1557 [1558], made and granted by the late John [Stewart], then commendator of the abbey of Coldingham and convent thereof, to the said late James Stewart, then commendator of the priory of St Andrews (who was after the said late James, earl of Moray, grandfather above-mentioned) and his heirs therein designed, of all and sundry the lands of Fishwick, with the ports, lochs and fishings thereof in the water and river of Tweed, with the [...] of St Abb's, vulgarly St Abb's burgh, with all their pertinents lying in the barony of Coldingham and within the sheriffdom of Berwick in manner contained at more length in the said charter of confirmation; together with the last charter of feu ferm immediately above-mentioned inserted therein; and also another charter of confirmation made and granted by Patrick [Leslie of Pitcairlie], commendator of the abbacy of Lindores and convent thereof of the date at Holyroodhouse, 26 December 1580, to the said late Dame Agnes Keith, then countess of Argyll and Moray, in liferent for all the days of her lifetime, and to the late Dame Elizabeth Stewart, eldest of the female heirs procreated between her and the said late James, earl of Moray, grandfather foresaid, and her heirs therein specified, of all and whole the eighth part lands of the town of Halton of Fintray, with the pertinents, together with the eighth part of the wood belonging to the said town with the pertinents thereof, with the just and equal part of the tofts and crofts belonging to the said eighth part of the town above-written lying in the said barony of Fintray, sheriffdom of Aberdeen and regality of Lindores, and that by resignation made thereof by Andrew Pitcairn of Invernethie and Janet Chalmers, his spouse, to whom the same pertained in conjunct fee and feu ferm of before, together with the original charter of feu ferm made thereupon by the late John, abbot of the said monastery of Lindores and convent thereof, to the said Andrew Pitcairn, Janet Chalmers, his spouse, their heirs and assignees whatsoever, of the date 12 November 1558; and also another charter of feu ferm made and granted by the late James Harvey, advocate, to the late James, earl of Moray, lord Abernethy and Doune, who last died, father to the said James, now earl of Moray, his heirs and assignees heritably, of all and whole the said late James Harvey's four oxengate of the said town and lands of Halton of Fintray extending to the sixth part of the same town, with the sixteenth part of the wood thereof called the wood of Garvock, with tofts, crofts and other pertinents of the same pertaining of before in feu ferm to the late William Harvey, burgess of Aberdeen, then held of the abbot and convent of Lindores for the time lying within the parish of Fintray, the said regality of Lindores and sheriffdom of Aberdeen, to be held of our said sovereign lord, then superior thereof, by virtue of the act of annexation of all kirk lands within this foresaid realm to his majesty's crown, and of his successors in feu ferm and heritage forever, in manner contained at more length in the said charter made by the said James Harvey thereupon of the date at Aberdeen, 9 May 1591; together with the anterior charters of feu ferm made thereupon of before to the said late William Harvey, James Harvey and their heirs specified therein of whatsoever date or dates the same be. Item, a charter of feu ferm of the date 27 April 1543, made and granted by the late Richard [Abercrombie], then abbot of the monastery of Inchcolm and convent thereof, to the late James Stewart, brother-german to the late Andrew [Stewart], lord Ochiltree, and the late Dame Margaret Lindsay, lady of Invermay, his spouse (great-grandfather and great-grandmother to the said James, now earl of Moray, on his father's side) in conjunct fee and their heirs therein designed, of all and sundry the lands and barony of Beath, containing the lands underwritten, namely: the lands of Craigbaith, Kirkbaith, Baithillokis, Shiels, Hilton, Esteir Town and Netherton, Muirton, coal pit lands, with the coal pit thereof, and their pendicles, pertinents and outsets, together with the mill of Beath, mill lands and multures thereof, with all their pertinents lying within the sheriffdom of Fife in manner contained at more length in the said charter of feu ferm made thereupon; together with a charter of confirmation of the same made and granted by our sovereign lord's dearest mother above-nominated under his highness's great seal of the date 1 June 1543; and also another charter of feu ferm of the date 10 March that same year of God, made and granted by the said late Richard, abbot of the said monastery of Inchcolm and convent thereof, to the said late James Stewart and Dame Margaret Lindsay, spouses (who were great-grandfather and great-grandmother above-mentioned), and their heirs therein specified, of the lands of Killerye lying within the sheriffdom of Fife, the mill called Pasker Mill, with the mill lands and multures thereof, and their pertinents lying within that same sheriffdom, the said abbot and convent of Inchcolm, Mill of Cramond, with the mill lands, multures and pertinents thereof lying within the sheriffdom of Edinburgh, the lands of Duddingston, with the pertinents, lying within the sheriffdom of Linlithgow, and their lands of Clarberstoun, with their pertinents, lying within the said sheriffdom of Edinburgh; another charter of feu ferm of the date 7 February 1567 [1568], made by the late James [Stewart], then abbot of the said monastery of Inchcolm and convent thereof, to the said James Stewart (who was thereafter the said James, earl of Moray that last died), then lawful son to the late James Stewart of Doune, knight, his heirs and assignees whatsoever, of all and sundry their lands underwritten, as well property as tenancy, namely: the lands of Newton, Cuttlehill, Seysyde and Caikinche, an acre and half an acre of land lying at the west end of the bridge of Aberdour and of the mill of Aberdour and mill lands thereof, and astricted multures of the same, with all other pendicles and pertinents of the lands and mill immediately above-rehearsed lying within the said sheriffdom of Fife, then occupied in manner contained in the said charter made thereupon, and that by resignation of the late Andrew, lord Stewart of Ochiltree, to whom the same pertained in feu ferm of before, together with the original charter of feu ferm made thereupon of before, to the said late Andrew, lord Stewart of Ochiltree, his heirs and assignees, of the date 16 August 1567, made and granted by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, to the said James Stewart (who was after that the said James, earl of Moray that last died), son lawful for the time to the said late James Stewart of Doune, knight, his heirs and assignees whatsoever, of all and sundry the lands underwritten, as well property as tenancy, namely: the lands of Donibristle, Barnehill and Grange with their pertinents, and of the 19 acres of land specified in the said charter occupied in manner therein divided with all their pertinents, lying within the said sheriffdom of Fife, and that by resignation of the said late Andrew, lord Stewart of Ochiltree, to whom the same pertained heritably of before, together with the other original charter of feu ferm made to him, his heirs and assignees thereupon by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, of the date the said 16 August 1559; another feu charter of the date 18 February 1567 [1568], made and granted by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, to the said late James Stewart (who was after that the said late James, earl of Moray, that last died), son lawful to the said late James Stewart of Doune, knight, and his heirs therein designed, of all and whole the lands of Easter and Wester Bucklyvie, with their pertinents, lying within the said sheriffdom of Fife, as well property as tenancy, and that by resignation of the late Archibald Stewart, son to the said late James Stewart of Beath, to whom the same pertained heritably of before in feu ferm, together with the original feu ferm charter made and granted thereupon by the said late James, commendator of the said abbacy of Inchcolm and convent thereof, to the said late Archibald Stewart, his heirs and assignees, of the date 4 August 1559; another charter of feu ferm of the date 18 February 1567 [1568], made and granted by the said late James, then commendator of the said abbacy of Inchcolm and convent thereof, to the said late James Stewart (who was thereafter the said late James, earl of Moray that last died), son lawful to the said late James Stewart of Doune, knight, his heirs and assignees whatsoever of all and sundry the lands of Kyllerie, with the pertinents, lying within the said sheriffdom of Fife, as well property as tenancy; and that by resignation of the late Master Robert Crichton of Eliock, to whom the same pertained in feu ferm of before, together with the original charter of feu ferm made thereupon by the said late James, commendator of the said monastery of Inchcolm and convent thereof, to the said late Master Robert Crichton, his heirs and assignees, of the date 8 April 1561; another feu charter of the date 20 March 1567 [1568], made and granted by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, to the said late James Stewart (who was thereafter the said Earl of Moray that last died), son lawful to the said late James Stewart of Doune, knight, and his male heirs whatsoever, of all and sundry the lands of Criftgary and Brago, with the pertinents, lying in the said barony of Beath and the foresaid sheriffdom of Fife, and of all and whole the lands of Muirton of Beath, with their pertinents, and of all and whole the half of the lands of Knoksydrum, with the pertinents, occupied as is therein designed, as well property as tenancy, lying within the same barony and sheriffdom immediately above-written, and that by resignation of the late Henry Stewart, son to the said late James Stewart of Beath, to whom the same pertained in feu ferm of before, together with the original charters of feu ferm made thereupon by the said late James [Stewart], commendator of the foresaid monastery of Inchcolm and convent thereof, to the said late Henry Stewart, his heirs and assignees of the dates respectively 4 and 6 August 1559; another feu ferm charter of the date 2 June 1580, made and granted by the said late James, then commendator of the said abbacy of Inchcolm and convent thereof, to the said late James Stewart (who was thereafter the said Earl of Moray that last died), then son and apparent heir to the said late James Stewart of Doune, knight, his heirs and assignees of all and whole the mill called the Paskar Mill, mill lands, multures and sucken thereof, with their pertinents and with pasturage used and wont upon the said lands of Killerie, lying within the said sheriffdom of Fife, and also of all and whole the lands of Clermiston, with their pertinents, lying within the said sheriffdom of Edinburgh, and also of all and whole the two oxengate of the said abbot and convent lands of Duddingston, with tofts, crofts and all their pertinents lying within the said sheriffdom of Linlithgow, and [that] by resignation of James Scott of Wester Sawling, to whom the same pertained heritably of before, together with the charter of feu ferm made thereupon of before by the abbot and commendator of the said abbacy of Inchcolm and convent thereof, to the said James Scott and his heirs therein specified, of whatsoever date the same be; and another charter of feu ferm of the date 18 January 1571 [1572], made and granted by the said late James, then commendator of the foresaid monastery of Inchcolm and convent thereof, to the said late James Stewart, then son and apparent heir to the said James Stewart of Doune, knight, his heirs and assignees, of all and whole the Isle of Inchcolm, monastery or abbey place and mansion thereof, with the houses, buildings, yards, dovecots and cuningars situated within the same and their pertinents, lying within the sheriffdom of Fife, by resignation made of the same by the late Archibald [Campbell], then earl of Argyll, to whom they pertained heritably of before, together with the principal charter of feu ferm made thereupon by the abbot or commendator of the said monastery of Inchcolm for the time and convent thereof, to the said late Archibald, earl of Argyll and his heirs therein specified, of whatsoever date the same be; and therewith also ratify, approve and confirm all and sundry other charters, infeftments and writs made and granted, as well by our said sovereign lord and his most noble progenitors successively, as the said bishops of Moray, abbots, commendators and convents of the said abbacies of Lindores and Inchcolm and other persons, their vassals and feuars respectively, to the predecessors above-nominated of the said James, now earl of Moray, and others of his authors and predecessors, their heirs and assignees therein specified, of all and sundry the said lands, lordships, baronies, mills, multures, woods, fishings and others above-rehearsed respectively or of whatsoever parts thereof; and also of whatsoever other lands, mills, fishings and others adjacent thereto, lying within the sheriffdoms respectively above-written, as far as are contained in the said charters and infeftments, specially and generally above-mentioned, of whatsoever date or dates the same be; together with all and sundry precepts and instruments of sasine, confirmations, retours and other writs and evidents whatsoever following thereupon, made, given and granted to the said James, now earl of Moray, his predecessors and authors respectively of the dates therein specified, in all and sundry heads, points, clauses, articles, circumstances and contents of all and sundry the said infeftments, charters, precepts and instruments of sasine, confirmations, retours and other writs, as well specially as generally above-mentioned, after the forms and tenors of the same with all that has followed or may follow thereupon. And our said sovereign lord, for his majesty and his successors and the estates of parliament foresaid, has interposed and, by the tenor hereof, interposes their decreet and authority thereto; and also finds, declares, decrees and ordains that the same and every one thereof was always from the beginning and since the first dates of the same respectively, now are and shall be in all time coming valuable, sufficient and effectual infeftments, rights, titles and securities, as well to the said James, now earl of Moray, as to his forenamed predecessors and authors respectively, his and their heirs, assignees and successors, for peaceable holding, enjoying, using and possessing heritably, as well in all times bygone as in all times coming, of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, forests, offices, ferms and duties of feu ferm, advocations, donations and rights of patronages of kirks, benefices and chaplainries, and others whatsoever, as well in special as general above-rehearsed, with their parts, pendicles, pertinents, annexes, connexes, tenants, tenancies and services of free tenants of the same, privileges, liberties and commodities thereof whatsoever; together also with all and sundry the customs above-rehearsed, and for receiving, uplifting and intromitting with, using and conveying to their own commodity at their pleasure, of all and sundry the yearly mails, ferms, kanes, customs, profits, duties, privileges, casualties, liberties and commodities thereof whatsoever, as well of all years and terms bygone since the first dates respectively of the said original infeftments made and granted thereupon, as of all others and terms to come; and that notwithstanding of whatsoever acts of parliament, other acts, statutes, laws, constitutions or proclamations made or to be made in the contrary; and also notwithstanding of whatsoever right, title, action, interest or claim of right, petitioner and possessor, which our said sovereign lord, his predecessors or successors had, has, may have, claim or pretend thereto, directly or indirectly thereby, or whatsoever other manner of way; and also notwithstanding of whatsoever decreets or protestations, one or more, obtained heretofore by our said sovereign lord, his majesty's comptrollers, treasurers, collectors general, chamberlains or advocates, one or more, relating thereto, against the said James, now earl of Moray, his tutor or curator for the time, or yet against any of his tenants, occupiers or possessors thereof, in whatsoever manner of way, which our said sovereign lord, with advice and consent of the lords and whole estates of this said parliament, for his majesty and his successors, promises in the word of a king to renounce and discharge in due and sufficient form by virtue of the charter of confirmation and new disposition under-mentioned to be made and passed hereupon under his majesty's great seal and, by this act, renounces and discharges to and in favour of the said James, now earl of Moray, his heirs, assignees and successors, of the lands and others above-rehearsed, with all action and instance of the same of right of litigation and cause and for ever. And also his majesty, for himself and his successors and the forenamed lords and estates of this present parliament, with one advice and consent, finds, declares and ordains that this present act, with the ratifications, dissolution and others herein contained, together with the said charters of confirmation and new disposition under-mentioned to follow hereupon, are and shall be as sufficient, valuable and effectual to the said James, now earl of Moray, and his foresaids to the effect above and under-written as if the same and the said anterior charters and infeftments, specially and generally above-mentioned, had been made and granted by his majesty and his predecessors respectively after their lawful and perfect ages and after sufficient dissolution made to that effect in their majorities of as many of all and sundry the said lands and others above-rehearsed from the patrimony of their crowns as was annexed thereto of before, and as if the said confirmations had been made and granted in due times immediately after the dates respectively of the said anterior charters and infeftments and before whatsoever sasines taken thereupon, and also as if all and sundry the said charters and infeftments with the particular dates and contents thereof, and all and sundry the said particular lands, lordships, baronies, earldom, mills, multures, woods, fishings, offices, customs, ferms and duties of feu ferm, rights of patronages and others whatsoever, as well above-mentioned as otherwise specified and comprehended in the said charters and infeftments respectively by their special names and denominations, were wholly and at length engrossed and inserted as well in this present act as in the said charters of confirmation and new disposition under-mentioned, appointed to follow hereupon, notwithstanding that the same or any other clauses, solemnities or circumstances requisite are or shall be omitted forth thereof or of this present act; concerning which, and with all other defections, our said sovereign lord, for his majesty and his successors and the said estates of this present parliament, with one advice, dispenses by this act, and shall dispense in the said new charters forever. Moreover, for the causes above-mentioned, found, tried and approved by decreet of this present parliament as said is, our said sovereign lord and whole estates of parliament foresaid, with one advice and consent to the effect above-written, have dissolved and, by the tenor of this present act, dissolve of new from his majesty's crown and patrimony thereof, and from all annexations made thereto of before, and in the same way from the abbacies above-specified respectively and patrimony thereof, simply and forever, as many of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, offices, fees, duties, casualties, profits thereof, yearly ferms and duties of feu ferm above-mentioned and others whatsoever, as well in special as in general above-rehearsed, with all and sundry their annexes, outsets, parts, pendicles, pertinents, tenants, tenancies and services of free tenants of the same as have been in any time bygone annexed to his majesty's or his predecessors' crowns and patrimony thereof, or have pertained to them or yet to the abbacies above-specified respectively, to the effect it may and shall be permissible to his majesty by virtue of his new charters and infeftments, one or more, to be made and passed under his majesty's great seal in due and ample form thereupon, to alienate, give, grant, convey and confirm of new the same and all and sundry the said remaining lands, baronies and others whatsoever, as well specially as generally above-mentioned, to the said James, now earl of Moray and his male heirs to be lawfully procreated of his body, which failing, to his nearest and lawful male heirs whatsoever bearing and that shall bear his surname of Stewart and arms thereof, and of the said earldom and lordships or such other heirs as shall please the said James, earl of Moray to determine and design heritably, together with all right, title, action, interest and claim of right, both petitioner and possessor, property and possession, which our said sovereign lord, his predecessors or successors had, has, might have, claim or pretend in and to all and sundry the said lands, baronies, lordships, earldom, mills, multures, woods, fishings, customs, ferms and duties of feu ferm, rights of patronage and others whatsoever, as well in special as in general above-rehearsed, or to any part or parts thereof, or yet to the mails, ferms, profits and duties of the same in whole or in part of whatsoever years and terms as well bygone as to come by reason of ward, non-entries, relief, forfeiture, recognition, purpresture, disclamation, bastardry, escheat, not timeous confirmation, nullity, reduction, reversion, redemption, not timeous payment of the yearly feu mails, other mails or duties of the same, not showing of holdings, or yet by virtue of any acts, statutes or constitutions, laws or proclamations, or any other cause or occasion bygone, as well not named as named, with all action and instance competent or that may be competent to his majesty or his successors relating thereto, renouncing the same from his majesty and his successors to and in favour of the said James, earl of Moray and his foresaids simply and for ever; and also discharging all his highness's and his successors' comptrollers, treasurers, collectors general, chamberlains and other officers whatsoever, as well present as to come, of all further receiving, uplifting or intromitting with any of the mails, ferms, kanes, customs, profits and duties of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, customs and others whatsoever, as well in special as in general above-rehearsed, or of any part or parts thereof of whatsoever years or terms bygone resting unpaid; and also of all years and terms to come (excepting and reserving to his majesty and his successors the yearly feu ferm duties of as many of the said lands and others above-rehearsed as are held immediately of his majesty and his successors, or yearly prices thereof contained in the said infeftments made to the said Earl of Moray's forenamed predecessors thereupon, after the form and tenor of the same in all points), and of all further charging, troubling or poinding of the said James, now earl of Moray, or his foresaids, their tenants or possessors, present or to come, of the lands and others above-written for the same (except as said is) and of their offices in that part simply and for ever, with an agreement not to petition and with supplement of all faults, as well not named as named, which his majesty will have held as for expressed in this present act and in the said infeftments and confirmations above and under-mentioned to follow hereupon. And our said sovereign lord and estates of parliament foresaid have ordained and, by the tenor hereof, ordain all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, offices, customs, ferms and duties of feu ferm, rights of patronages and others whatsoever, as well in special as in general above-mentioned, and otherwise comprehended in the said charters and infeftments respectively, to be inserted by their special names and denominations in the said new charters and infeftments appointed to follow and be made hereupon, to the said James, now earl of Moray and his foresaids, to be held to them of our said sovereign lord and his successors in free heritage and feu ferm respectively and in free lordship and barony forever, with all rights, privileges, liberties and commodities pertaining or that may pertain thereto, as freely in such manner, for yearly payment of such ferms, duties, blench ferms and feu ferms respectively thereof to our said sovereign lord and his successors, and for payment of the said yearly feu ferm, victual or else the yearly prices of the same set down in the said principal infeftments respectively made and granted thereupon in the option of the payers, as the said James, now earl of Moray, his forenamed authors or predecessors respectively held the same of before and were astricted and obliged to pay and do therefore to our said sovereign lord, his predecessors and successors respectively, by virtue of the said original charters and infeftments made and granted thereupon. And notwithstanding thereof, our said sovereign lord, for his majesty and his successors, with advice and consent foresaid, and also the estates of this present parliament, find, declare and ordain that in the said new infeftments, one or more, to follow hereupon, his majesty, for himself and his successors, shall give, grant and convey in due and sufficient form and, by this act, gives, grants and conveys to the said James, now earl of Moray, and his heirs foresaid heritably, the ward of as many of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, castles, towers, fortalices, customs and others whatsoever above-rehearsed as were held of before by the said James, earl of Moray or his predecessors, of our said sovereign lord or his predecessors by service of ward and relief, together with the whole yearly mails, ferms, profits and duties of the same of all years and terms to come, that the same shall happen to be in ward, together also with the marriage of the heir or male heirs or female whatsoever of the said James, now earl of Moray and his foresaids, with the whole profits of the said marriage, how often the same shall happen to fall or become in the hands of our said sovereign lord or his successors, and that for the yearly payment to be made by the heirs above-mentioned of the said Earl of Moray and his foresaids to our said sovereign lord and his successors for the said ward and yearly profits thereof during the time or times of the same, how often it shall happen, of the sum of 400 merks money of this realm of Scotland only, and that yearly at Whitsunday [May/June] and Martinmas [11 November] in winter by equal and mid portions, and also for payment to be made to his majesty and his successors for the marriage above-mentioned of the said heir or heirs, whatsoever and how often the same shall happen as said is, the sum of 2,000 merks usual money of the said realm only. And also for the causes above-written, our said sovereign lord, for his highness and his successors, with advice and consent foresaid, and the estates of parliament above-mentioned, by the tenor hereof, reinstates and restores and also command and ordain his forenamed comptroller, collector, chamberlains and other officers foresaid present and to come, to suffer and permit the said James, earl of Moray and his foresaids to be restored and reinstated to such peaceable, real and actual possession as his said predecessors or any of them had of before, of all and sundry their said salmon fishings of the waters of Spey, Findhorn, Slewpuill and Lossie, with the customs thereof, and of as many of the said other lands, feu ferms and others above-rehearsed, contained in any of the said infeftments made to his predecessors thereupon as have been evicted by our said sovereign lord, his forenamed comptrollers and other officers, or any of them, from the said James, now earl of Moray, in his minority, or yet from his tenants, occupiers or possessors thereof, by whatsoever decreets or protestations, one or more, obtained against them or any of them thereupon, willing and consenting that notwithstanding thereof it was and shall be permissible to the said James, now earl of Moray, and his foresaids, by themselves, their tenants, servants, chamberlains and others in their names to their commodities, to have re-entered and to re-enter peaceably thereto, and to the real, actual and effectual possession of the same at their own hands without any danger of ejection, intrusion, spoiling or other wrong committed or to be committed by them or any of them therein; which his majesty, for his highness and his successors, with consent of the said estates, by this act, renounces and shall renounce in the said infeftments with all action and instance competent, or that may be competent relating thereto simply and for ever. And notwithstanding thereof, our said sovereign lord and estates foresaid, find, declare and ordain that no repetition shall be had of any of his majesty's officers for any intromission they have had in times bygone preceding the date above-written of the said act of secret council with any of the said ferms, customs, duties and others above-written, and also providing likewise our said sovereign lord and estates above-mentioned expressly will, declare and ordain that the tacks and assedations already set, made and granted before the date of the said act of secret council by his majesty, with consent of his forenamed comptroller or yet by the said comptroller alone, of all and sundry the customs above-written to the persons therein nominated for the space of five years therein contained, shall in no way be hurt, prejudiced nor taken away by this act nor any infeftment to follow hereupon, but that the said tacks and assedations shall be safe and reserved to the tacksmen therein contained during as many of the said five years therein specified as were to run at the date above-rehearsed of the said act of secret council. Moreover, our said sovereign lord and estates foresaid, find, declare and ordain that all and sundry the said kirk lands, mills, fishings and others above-rehearsed, which sometime pertained to the abbacies respectively above-written, shall be held to the said James, earl of Moray and his heirs foresaid immediately of our said sovereign lord and his successors in all times coming as is above-rehearsed, notwithstanding of whatsoever acts of parliament made or to be made in favour of the prelates or any others, and notwithstanding of any infeftments of erection made or to be made of the said abbacies or any parts thereof in temporal lordships or baronies; and also notwithstanding of whatsoever acts, one or more, made or to be made for annulling or rescinding of the former act of parliament made regarding the annexation of kirk lands and kirk rents temporal to his majesty's crown, from the which acts made or to be made relating thereto that may in any way tend to the hurt or prejudice of this act or of the infeftments foresaid to follow thereupon or any part thereof, our said sovereign lord and estates foresaid, by the tenor hereof, expressly except all and sundry the said kirk lands, mills and others above-rehearsed, contained in the said infeftments of feu ferm made thereupon, to the authors and predecessors above-nominated of the said James, earl of Moray, reserving and excepting out of this present act of parliament the burgh mails of Elgin and Forres, to remain and abide with our sovereign lord and his highness's successors as a part of the patrimony of their crown in all time coming. And also our said sovereign lord and estates foresaid declare that this present act of parliament shall in no way be extended nor prejudicial to [Alexander Douglas], bishop of Moray regarding his feu mail superiority and right whatsoever pertaining and belonging to the bishopric of Moray. And lastly, our said sovereign lord and estates foresaid decree and ordain charters and infeftments to be passed, made, granted and completed under his majesty's great seal to the said James, earl of Moray and his heirs foresaid in due and sufficient forms to the effects respectively above-written in such sure, large and ample form as the said James, earl of Moray and his foresaids shall devise; and find and declare that this present act, ratification and confirmation above-written and charter of confirmation to follow hereupon shall be as valuable, sufficient and effectual as if the foresaid whole anterior charters and infeftments above-mentioned were wholly inserted word by word therein; concerning which, our said sovereign lord and estates foresaid dispense for ever.
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19. Our sovereign lord and estates of this present parliament, for sundry weighty respects and considerations, have ratified and approved and, by the tenor hereof, ratify, approve and, for his highness and his successors, confirm the two several letters of pension under the privy seal both of the date at Whitehall, 15 May 1607, the one thereof made and granted by our sovereign lord, with consent and advice of [George Home, earl of Dunbar], his highness's treasurer, [David Murray, lord Scone], comptroller, lords of his majesty's privy council and exchequer, to James Seaton, eldest lawful son to Sir William Seton of Kylesmure, knight, in liferent for all the days of his lifetime of a yearly pension of the sum of £800 usual money of Scotland yearly, to be uplifted and paid out of the readiest and best payment of his majesty's property,† great and small customs and commodities to be intromitted with by his highness's comptrollers, their deputes and customs officers of this realm, at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions; and the other of the said letters of pension granted by our said sovereign lord, with advice and consent foresaid, to William Seaton, second son lawful to the said Sir William Seaton, in liferent for all the days of his lifetime of another yearly pension of £400 money foresaid yearly to be uplifted and paid out of the readiest and best payment of his majesty's casualties and duties yearly, to be intromitted with by his majesty's treasurer and his deputes with special clauses contained in both, that neither of the said pensions granted to the said James or William expire or be void in themselves, notwithstanding of death of both or either of them during all the days and terms of the said Sir William, their father's lifetime, but that he surviving his said sons or either of them shall enjoy the benefit of the said pension for his lifetime, as the said two several letters of pension in themselves at more length purport in all and sundry heads, points, articles, clauses, circumstances, conditions and provisions thereof; and find, declare and decree the foresaid two several letters of pension and either of them to have been, to be now and in all time coming during the spaces respectively therein mentioned, perfect, lawful, valid and sufficient rights to the said James and William Seaton and their said father for holding, enjoying and possessing of the said two pensions and either of them, and that notwithstanding of whatsoever acts, statutes or constitutions made in this present parliament or at any times of before, which shall in no way be hurtful nor prejudicial to the foresaid pensions nor make derogation thereto, nor to this present ratification thereof; and will and declare that the same ratification and confirmation shall be of as great strength, force and effect as if the said letters of pension were word by word engrossed and inserted herein; concerning which our sovereign lord for now and ever by this ratification dispenses.
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20. Our sovereign lord and estates of this present parliament, considering the great hurt that James Durham of Pittarrow, his majesty's domestic servant, sustained in the destroying of his policy and parks, cutting of his trees and breaking of his enclosures within the precinct of his said dwelling place, by the nearness and vicinity of the king's passing through the same; for remedy whereof, his majesty granted his express licence to the said James to alter and divert a little of the said road to the more commodious and better travelling for the lieges, and without prejudice of any neighbour and preservation of his policy; likewise his majesty's subjects these five years bygone have been better served by the said road, and no man injured nor aggrieved of the same, and he free of their harm, therefore our said sovereign lord and the said estates of parliament ratify and approve the change of the said highway in as far as concerns his majesty's interest, and declare that the said James, his heirs nor assignees shall not incur any danger of purpresture or any other penalty of the law that may follow or strike upon those that make any change or alteration of his majesty's highways; and ordain all the lieges to frequent, use and repair that way as the ordinary king's way in all time †coming, providing the same new highway be made as commodious in all respects to the lieges as the foresaid old passage. And Master Alexander Wedderburn [of Kingennie], commissioner for the burgh of Dundee, protested that this present act regarding the change of the said highway prejudice not the said burgh of Dundee and inhabitants thereof regarding their roads and passage to their mills whereunto they were in use to pass.
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21. Our sovereign lord, upon consideration of the good, true and thankful service done to his highness by his servant Master Alexander Craig, and to enable his faithful continuance therein, with consent and advice of the estates of this present parliament, has ratified, approved and confirmed and, by the tenor of this present act, ratifies, approves and confirms a yearly pension of 600† merks money of Scotland to be yearly uplifted by him during all the days of his lifetime out of the readiest and best casualties due and proper to his majesty's treasurer, present and to come, of the said kingdom of Scotland, as at length is contained in his gift of pension of the date at Whitehall, 9 December 1605, granted by our sovereign lord with advice and consent of George [Home], earl of Dunbar, lord Home and Berwick, great treasurer of Scotland; and with advice and consent foresaid, decrees and ordains the said gift of pension to have full strength and effect in all times coming in all and sundry heads, clauses and circumstances thereof, notwithstanding whatsoever other act of parliament or law civil, canon or municipal, which may in any sort prejudice; and decrees and declares that the said gift of pension shall be a sufficient right and title to the said Master Alexander for uplifting the said yearly fee and pension during his lifetime as said is, so that from henceforth no general nor particular discharges shall be powerful to prevail against the said Master Alexander's pension during his life; and with consent foresaid ordains letters to be directed hereupon on a single charge of 10 days only, as often as need be.
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22. Our sovereign lord, with advice and consent of the estates of this present parliament, considering the long, true and thankful service done to his majesty by his highness's beloved John Strang, son to Robert Strang in Kilrenny, to have been profitable to his majesty and lieges of this realm, has ratified and approved and by the authority of this present parliament ratifies and approves the infeftment granted by George [Gledstanes], archbishop of St Andrews, to the said John Strang, his heirs and assignees, of all and whole the quarter town and lands of Kilrenny called the Skeith Quarter thereof, in all points, clauses and conditions therein, for the yearly payment of the feu duties mentioned in the same, which is of the date 4 March 1606; and finds and declares that the same is and shall be in all times coming a sufficient, lawful and effectual infeftment to the said John Strang and his foresaids for possessing of the said lands, and that the conversion of victual and other duties in money mentioned therein is no diminution of the rental of the said lands, but that it was, is and shall be permissible to the said archbishop to have converted and to convert the ferms, victual and other duties of the said lands in the said silver duty specified and expressed in the said infeftment, notwithstanding of whatsoever acts of parliament or statute made or to be made in the contrary, and specially of the acts of parliament made upon 10 December 1585, ordaining all beneficed persons to leave their benefices as they found them, and of the act of parliament made in the year 1597, annulling all infeftments of feu ferms; with the which acts and all other laws which may be prejudicial to the said infeftment in any way, his majesty, with advice foresaid, dispenses, discharges and derogates the same by this ratification in as far as concerns the said infeftment in all times coming.
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23. Our sovereign lord and estates of parliament presently convened, ratify, approve and confirm the charter and infeftment made by his majesty under his highness's great seal of the date at Holyroodhouse, 23 November 1599, to Thomas Pearson of Lochlands, of his lands of Lochlands, with the teind sheaves thereof included and loch belonging thereto, the lands of Barngreen, with the teinds and pertinents thereof, lying within the regality of Arbroath and sheriffdom of Forfar, and of his house and tenement lying within the burgh of Arbroath, in all and sundry heads, points and articles thereof. And our said sovereign lord and estates declare that the said infeftment shall stand as an effectual right and security to the said Thomas, his heirs and assignees for possessing and enjoying of the said lands according to the tenor thereof, and be as valid and sufficient as if the same had been at length word by word engrossed herein, without prejudice always to James [Hamilton], marquis of Hamilton of his erection of the said abbacy of Arbroath in a temporal lordship.
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24. Our sovereign lord, estates and whole body of this present parliament, understanding perfectly by sundry gifts, charters under the great seal and donations made, given and granted by our sovereign lord's most noble progenitors, kings James I, II, III, IV, V and [Mary], our †sovereign lord's dearest mother of good memory, and by his majesty's self to and in favour of the University of St Andrews, the rector, doctors, regents, masters, scholars, procurators, beadles, servants, writers, officers and whole representatives of the same making residence within the said university and colleges thereof, that they are privileged, exempt and made free from all tributes, taxations, collections, exactions, impositions and from all warding, stenting and other burdens whatsoever, with express command and charge to all officers to desist and cease from using charges against any of the said persons for the causes foresaid under all highest pain; as likewise that they have their rector and conservator of their privileges appointed for their ordinary judges in all actions which may be intended against any person or persons for payment to be made of the rents, mails, ferms, kanes, customs, duties and others whatsoever pertaining to the patrimony of the said university and whole colleges thereof respectively, whereof they have been in continual and peaceable use and possession according to the said gifts, charters and donations made by our said sovereign lord and his majesty's most noble progenitors to the said university; therefore our said sovereign lord and estates of this present parliament ratify, approve and confirm the foresaid whole gifts, charters and donations with all liberties, privileges, immunities and jurisdiction therein contained after the form and tenor of the said gifts, charters and donations made to the said university of the same in general and particular; and will, decree and ordain that the same shall have full effect and be observed and kept to the said university and whole members thereof, without any hindrance, stop or impediment in all time coming, as likewise that this general ratification and confirmation shall be as valid and sufficient in themselves, as if the said gifts, charters and donations, whole contents and tenors had been particularly inserted and engrossed herein.
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25. The estates of parliament presently convened ratify, approve and confirm the letter of gift and pension made, given and granted by his majesty to his servants Master George Young and James Primrose, writers, and assignations therein contained in all and sundry points, clauses and articles contained therein after the form and tenor thereof; and declare that their said gifts of pension shall be as valuable and effectual to them for possessing of their said pensions, according to the tenors of their said gifts, as if the same gifts were at length inserted and expressed herein.
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26. Our sovereign lord and whole estates of this present parliament ratify, approve and perpetually confirm a letter of pension given, granted and conveyed by his majesty under the privy seal to James Hamilton, servant to Sir Thomas Hamilton of Binning, knight, his grace's advocate, for soliciting and attending his majesty's actions and affairs in session and exchequer, for all the days of his lifetime, of the sum of 500 merks usual money of Scotland, to be taken up by him at Whitsunday [May/June] and Martinmas [11 November] by [George Home, earl of Dunbar], his highness's treasurer, and [David Murray, lord Scone], comptroller, equally between them, as the same dated at Whitehall, 10 April 1606 at more length purports in all points, clauses and conditions thereof, to be peaceably possessed, enjoyed and uplifted during all his said lifetime, without any revocation, impediment or recalling; ordaining also the said James Hamilton, by this ratification, to continue in attending and soliciting his majesty's actions and affairs in session and exchequer, and in other judgements within this realm where it appertains, and to enjoy all other casualties, liberties, privileges, freedoms and immunities as any other attendant and solicitor had and enjoyed the like in any time bygone, notwithstanding of whatsoever gift given or to be given thereof to any other person or persons.
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27. Our sovereign lord and three estates of this present parliament, considering the true, ready and sincere service done to his highness by Adam Cooper, one of the ordinary clerks of his majesty's session, therefore have ratified and approved and, by this ratification, for his highness and his successors, ratify and approve the charter and infeftment made and granted by the late Robert Logan of Restalrig, with express consent and assent of Andrew Logan of Coitfield, to the said Adam Cooper, his heirs and assignees, of all and sundry the town and lands of Nether Gogar, with houses, buildings, yards, orchards, dovecot, tofts, crofts, outsets, tenants, tenancies, service of free tenants, annexes, connexes and all their pertinents lying within the sheriffdom of Edinburgh, together with his highness's charter of confirmation granted to the said Adam under the great seal thereupon, to be held of his majesty and his successors in manner and form contained in the said confirmation, as the same of the date at Holyroodhouse, 17 February 1601 at length purports, and all and sundry heads, articles, conditions, circumstances and clauses thereof, after the form and tenor of the said charter and confirmation in all points; and will and grant that this present confirmation is and in all times coming shall be as sufficient, valid and effectual in all respects to the said Adam Cooper, his heirs and assignees as if the said charter of alienation and his highness's charter foresaid of confirmation thereof were specially and at length word by word inserted and engrossed in this present act, notwithstanding the generality thereof. Likewise our said sovereign lord and estates foresaid will and declare and, for his highness and his successors, decree and ordain that the said charter, infeftment and confirmation are and shall be in all times hereafter sufficient, valid and perfect rights to the said Adam and his foresaids for possessing and enjoying of all and sundry the foresaid lands, privileges and immunities therein contained, notwithstanding whatsoever right competent to our said sovereign lord by reason of non-entries, recognition, forfeiture, crimes of treason and lese-majesty, or for any other cause or occasion bygone preceding the day and date hereof, without question, trouble or impediment.
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28. The king's majesty and estates of this present parliament decree and declare that the ratification of any particular rights, infeftments, tacks, pensions or other writs and evidents granted to whatsoever person in this present parliament shall in no way prejudice, hurt nor derogate the particular rights of other parties, notwithstanding they be not ratified nor confirmed at this time by his highness and his said estates.
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29. Our sovereign lord, with advice and consent of the estates of this present parliament of his highness's kingdom of Scotland, ratifies, approves and, for his majesty and his successors, perpetually confirms a charter of disposition and new donation made and granted by his majesty under his great seal of the date at Whitehall, 6 March 1607, to his majesty's familiar clerk and councillor, Sir Thomas Hamilton of Monkland, knight, his grace's advocate, his heirs respectively and assignees therein specified heritably, of all and whole the lands and barony of Binning, comprehending in special the lands of Wester Binning, tower, fortalice, manor place, houses, buildings, orchards, yards, mills, mill lands, multures, sequels, coals, coal pits and all their pertinents with one oxengate of land in East Binning, tenants, tenancies, service of free tenants and pertinents thereof, and that portion of land and piece of meadow adjacent called the Damflatt and Lochhead, with the privileges and pertinents thereof, and also the lands of Orchardfield with their pertinents, containing also the kirk lands of Easter Binning, Wester Binning, Broadlaw, alias Middle† Binning, called the Nunlands, with tenants, tenancies, service of free tenants, feu ferms, yearly rents and pertinents thereof, and all and whole the kirk lands of the vicarage of Binning with right of patronage of the vicarage of Binning, also all and whole the lands of Broadlaw and Hangingside, alias Middle Binning, with manor places, houses, outsets, yards and pertinents thereof, and likewise the whole kirk lands of the vicarage of the said parish kirk of Binning extending to 40 acres of land, with the pertinents, and four oxengate of land in Middle Binning, with their pertinents, all united, annexed and incorporated in a free barony called the barony of Binning, held of his majesty and his successors in free barony, feu ferm and blench respectively with the precept and instrument of sasine following thereupon in all and sundry clauses, articles and conditions whatsoever expressed therein. And also his majesty, with advice and consent of his estates of parliament foresaid, ratifies, approves and perpetually confirms a charter of donation and feu ferm made and granted by his highness under the great seal of the date at Whitehall, 4 April 1607, with advice of his highness's right trusty cousin George [Home], earl of Dunbar, lord Home of Berwick, his grace's high treasurer of the realm of Scotland, and with consent of his majesty's master of the minerals and metals, to the said Sir Thomas Hamilton of Monkland, knight, his majesty's advocate, his heirs and assignees heritably, of all and sundry the mines, minerals and metals of gold, silver, brass, copper, lead and other minerals and metals of whatsoever sort, kind and quality within the whole bounds, marches and ground of the lands and baronies of Ballencrieff, Bathgate, Drumcross, the Knowe of Drumcross, Tortiebin, Torphichen and Hilderston, with their pendicles and pertinents, or within any part, place and pertinent of all the forenamed lands and baronies, lying within the sheriffdom of Linlithgow, held of his majesty and his grace's successors in feu ferm and heritage, with the precept and instrument of sasine following thereupon, in all points, clauses, articles and conditions thereof whatsoever; and also ratifies, approves and perpetually confirms a letter of gift and constitution given under his majesty's great seal of the date at Whitehall, 25 March 1607, making, constituting and ordaining the said Sir Thomas Hamilton of Monkland for all the days of his lifetime master of the metals and minerals whatsoever within his highness's kingdom of Scotland, with all fees, privileges, liberties, jurisdictions, commodities and others whatsoever belonging to the said office, in all and sundry clauses, articles, conditions and circumstances expressed and contained in the said letter, holding the letter of gift of the foresaid office as herein specially word by word expressed; and ordains the charters above-mentioned to be at length engrossed in the books of parliament of the foresaid kingdom of Scotland, of the which two charters the tenors follows:
James, by the grace of God, king of Great Britain, France and Ireland and protector of the faith, 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 and loyal familiar and councillor George, earl of Dunbar, lord Home of Berwick, our great treasurer of our realm of Scotland, and of Master John Preston of Penicuik, our collector general and treasurer of our new acquisitions, have given, granted, conveyed, and on behalf of ourselves and our successors confirmed in perpetuity, and also by the wording of our present charter do give, grant, convey and on behalf of ourselves and our successors confirm in perpetuity, in favour of our familiar, clerk and councillor Lord Thomas Hamilton of Monkland, knight, our advocate, and of his legitimate heirs already born or to be born, all of whom failing (may it not happen) of Thomas Hamilton of Priestfield, his father, and his male heirs born or to be born legitimately to him and his wife Elizabeth Murray, all of whom failing (may it not happen) of any heirs and assignees of the said Sir Thomas Hamilton of Monkland, in heritage, the following: whole and complete, the lands and barony of Binning, particularly including, all and singly, the lands of West Binning, with their tower, manor, houses, buildings, orchards, gardens, mills, mill lands and their sucken, coals, coalworkings, parts, pendicles, dependencies and all their pertinents; whole and complete one oxengate of land in Easter Binning formerly occupied by Robert Hamilton of Briggis, with tenants, tenancies and services of freeholders of the same, and any parts, pendicles and pertinents; also, whole and complete, one piece of land and a piece of meadow lying adjacent to it called Damflatt and Lochend, with all their privileges and any pertinents, lying in the territory of Tortieben within the barony of Melville and our sheriffdom of Edinburgh; also, whole and complete, the lands of Orchardfield, with tenants, tenancies and services of freeholders of the same, lying within our sheriffdom of Edinburgh, containing, all and singly, the church lands of Easter Binning, Wester Binning and Broadlaw (or Middle Binning) called Nunlands, with tenants, tenancies and services of freeholders, feu ferms, annualrents, parts, pendicles, dependencies and any of their pertinents; also, whole and complete, the church lands of the vicarage of Binning, with their pendicles and pertinents, all lying within our sheriffdom of Linlithgow, together with advocation, donation and right of patronage of the said vicarage of Binning, formerly united and annexed into one free barony of Binning. These lands and barony of Binning, containing the lands specifically mentioned above, with the foresaid right of patronage, formerly belonged in heritage to the foresaid Lord Thomas Hamilton, our advocate; he personally of his own accord surrendered them in Edinburgh, as if into the hands of his immediate superior, into the hands of the commissioner and chancellor of our realm and the rest of the lords of the estates and of the privy council of our realm of North Britain in return for the acceptance of surrenders which had our power and commission; he surrendered them purely and simply, by baston and staff, and completely renounced all right and claim, property and possession which he had, has or in any way could have, in perpetuity, in favour of the said Lord Thomas and his foresaids, and in return for this charter of ours and hereditary infeftment to be given and completed in this regard for them in the due form. Further we, with the advice of the foresaid, have given, granted, conveyed and in perpetuity confirmed, and by the wording of our present charter do give, grant, convey and in perpetuity confirm in favour of the foresaid Lord Thomas Hamilton of Monkland, knight, and respectively his foresaid heirs of provision and assignees, in heritage, whole and complete the lands of Broadlaw and Hangingside, or Middle Binning, with manor, houses, buildings, outsets, gardens, parts, pendicles, annex and connex and all their pertinents, together with, all and singly, the foresaid church lands of the vicarage and parish church of Binning, extending to 40 acres of arable land, or thereabouts; and also, whole and complete, the church lands in Middle Binning formerly belonging to the monastery or place of Elcho, with pertinents, extending to four oxengate of land or thereabouts, all lying within our sheriffdom of Linlithgow, formerly belonging in heritage to John Livingstone of Broadlaw, and held by him immediately from us, and the foresaid lands of Broadlaw and Hangingside, with the pertinents, formerly belonging to George Pringle of Torwoodlee, by virtue of his hereditary infeftment of the same; these complete lands of Broadlaw and Hangingside, with their pertinents, and the foresaid church lands of the said vicarage of Binning, with the said four oxengate of church land in Middle Binning were surrendered by the said John Livingstone of Broadlaw with the consent of his wife Elizabeth Logan and of Alexander [Livingston], earl of Linlithgow and of various other people for their rights, title and interest, and by the said George Pringle by letters patent properly drawn up by their procurators for the purpose, into the hands of the said lords, commissioner and chancellor and of the rest of the lords of the estates and of our privy council, as if into the hands of their immediate superior lord at Edinburgh, and were surrendered by them of their own accord, purely and simply, by baston and staff; they renounced all their right, title, interest, claim at law, property and possession of the same which they had, have or in any way could have, completely, in perpetuity, in favour of and for this new charter and infeftment of ours, to be given and completed regarding the foregoing in the due form, to the said Thomas and his foresaids. Therefore we, for the loyal, good, prompt and gracious service continuously offered and given to us by the said Lord Thomas in relation to our business of great moment, and in various other great regards and for other good causes and considerations which influence us, with the advice and consent of the foresaid, afresh we have given, granted and conveyed, and in perpetuity have confirmed, and by the wording of our present charter afresh give, grant, convey and on behalf of ourselves and our successors do confirm, in favour of the foresaid Lord Thomas Hamilton of Monkland, knight, our advocate and his legitimate heirs already born or to be born, whom failing, of the foresaid Thomas Hamilton of Priestfield, his father, and his male heirs born or to be born legitimately to him and his wife Elizabeth Murray, all of whom failing (may it not happen) of any heirs and assignees of the said Sir Thomas Hamilton of Monkland, in heritage, the following: whole and complete, the lands and barony of Binning, particularly including, all and singly, the lands of West Binning, with their tower, manor, houses, buildings, gardens,orchards, mills, mill lands and their consequents, coals, coalworkings, parts, pendicles, dependencies and all their pertinents; together with the said oxengate of land in Easter Binning, tenants, tenancies and services of freeholders of the same, and parts, pendicles and pertinents; also, whole and complete, the foresaid piece of land and a piece of meadow lying adjacent to it called Damflatt and Lochend, with all their privileges and any pertinents; also, whole and complete, the lands of Orchardfield with their pertinents, containing, whole and complete, the foresaid church lands of Easter Binning, Wester Binning and Broadlaw (or Middle Binning) called Nunlands, with tenants, tenancies and services of freeholders, feu ferms, annual dues, parts, pendicles, dependencies and all of their pertinents; also, whole and complete, the foresaid church lands of the said vicarage of Binning, with their pendicles and pertinents, together with the said advocation, donation and right of patronage of the said vicarage of Binning, formerly united and annexed into one free barony of Binning. Further, with the advice and consent of the foresaid, we have afresh given, granted, conveyed and in perpetuity confirmed, unified, incorporated and in perpetuity annexed, and by the wording of our present charter do give, grant, confirm in perpetuity, incorporate and in perpetuity annex in, to and with the said barony of Binning, in favour of and for the foresaid Lord Thomas Hamilton of Monkland, knight, our advocate, and his foresaid heirs and assignees respectively, whole and complete the foresaid lands of Broadlaw and Hangingside or Middle Binning, with manor, houses, buildings, gardens, outsets, parts, pendicles, annex and connex and all their pertinents, together with, all and singly, the foresaid church lands of the said vicarage and parish church of Binning, extending to 40 acres of land, with their pertinents; also, whole and complete, the four oxengate of church land with the pertinents in Middle Binning, all lying as has been said, together with all right, title, interest, claim at law (of claimant or possessor) which we or our predecessors or successors had, have or could in any way have or claim to have in respect of the foresaid lands detailed above, with their pertinents, or to any part or portion of them, or to their taxes, ferms, profits or dues in any years or at any terms in the past or in the future, by reason of ward, relief, non-entry, recognition, forfeiture, disclaimer or purpresture of bastardy, alienation of the greater or lesser part, confirmation of sasines or any other evidence of the same, absence of infeftments, retours, precepts and sasines, instruments of reduction, or by virtue of any acts of our parliament or of other acts or statutes of our realm, or for any other cause or occasion preceding the date of our present charter. We renounce, quitclaim and simply exonerate them, with all action and instance, and all law, right and cause, on behalf of ourselves and our successors, in favour of the said Thomas and his foresaid heirs, for now and in perpetuity, with agreement not to claim, and with supplement of all defects whether named or not, past or future, which we wish to have in this present charter of ours as if expressed. We promise this, and promise on behalf of ourselves and our successors with our word as a prince, that we and our successors will never in future raise an action, suit, appeal or enquiry against the said Lord Thomas and his foresaids regarding the foregoing. Besides, for the reasons stated above, we, out of certain knowledge, free motive and from mature deliberation, with the advice and consent of the foresaid, have unified, elevated, created, annexed and incorporated, and by the wording of our present charter, on behalf of ourselves and our predecessors, we do unify, elevate, create, annexe and incorporate, all and singly, the foresaid lands and barony of Binning, including what has been stated above, and, whole and complete, the foresaid lands of Broadlaw and Hangingside, or Middle Binning, with all their pertinents and the foresaid 40 acres of church lands of the said vicarage of Binning and the said four oxengate of church lands in Middle Binning, with all their pertinents, together with the right of patronage mentioned above, into one whole and free barony, for all time to come, to be called the barony of Binning, declaring and ordaining that a single sasine now and for all time to come to be held by the said Lord Thomas and his foresaid heirs and assignees respectively at the tower and manor of Binning shall stand and be a sufficient sasine for, all and singly, the foresaid lands detailed above and the foresaid right of patronage, in such a way as if a special and particular sasine had been held at each part and place of the same lands, notwithstanding that they do not lie together and adjacent, but separately, regarding which we on behalf of ourselves and our successors give dispensation. In addition, by our supreme power and royal authority, from certain knowledge, with deliberate and free intention, and with a proper motive, with the consent of the forementioned, we confirm and renew the old form and mode of tenure of the said lands in free blench ferm as follows. Whole and complete, the foresaid lands and barony of Binning, particularly including the specific whole settlements mentioned above with annex and connex, parts, pendicles and their pertinents, with the said right of patronage of the foresaid, in favour of the foresaid Lord Thomas Hamilton of Monkland, knight, our advocate, and of his legitimate heirs already born or to be born, all of whom failing (may it not happen) of the foresaid Thomas Hamilton of Priestfield, his father, and his male heirs born or to be born legitimately to him and his wife the said Elizabeth Murray, all of whom failing (may it not happen) of any heirs and assignees of the said Sir Thomas Hamilton of Monkland, in heritage, from us and our successors in fee and heritage and free feu ferm, blench ferm and free barony respectively, for now and in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, woods, 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, fishings, thickets, wood, 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, stocks and gallows, with, all and singly, the liberties, advantages and easements justly relating to a free barony, and as freely in all respects as any other baron holds or held his lands and barony from us and our predecessors within our one island of Great Britain and our realms of the same. In return, each year the foresaid Lord Thomas Hamilton and his foresaid heirs and assignees respectively shall render to us and our successors, for the foresaid lands of West Binning, Broadlaw and Hangingside and the rest of the other lands mentioned above formerly held from us in chief, one red rose at the feast of Saint John the Baptist (called midsummer) [24 June] at the tower of Binning by way of blench ferm if sought, only. Also they shall render to us and our successors and others the right for the time [pertaining] to such inhabitants; for the foresaid lands of Nunlands of West Binning, Easter Binning and Broadlaw the sum of 22 merks of the usual currency of our realm of Scotland, at the two customary terms, namely Pentecost and Martinmas [11 November] in winter by equal portions, and paying such a sum of 22 merks of the foresaid currency at the entry of any heir as feu ferm above and beyond the feu ferm mentioned above. Also they shall carry out and impose all other services and dues contained in the said ancient infeftments according to their wording in all points; for the foresaid church lands of the said vicarage of Binning the sum of 4 merks of the foresaid currency annually at the foresaid terms, and doubling the said sum in the first year of entry of any heir to the said lands as is customary with feu ferm, only; they shall pay annually for the said right of patronage of the said vicarage of Binning one white rose at the said feast of Saint John the Baptist (called midsummer) as blench ferm, for all the other dues, exactions, claims and impositions which could justly be imposed by anyone in future regarding the foresaid lands and barony of Binning or any part of them or regarding, all and singly, the foresaid lands and right of patronage united in the said barony. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our kinsmen and councillors James [Hamilton], marquis of Hamilton, earl of Arran, lord Aven etc., George [Keith], earl Marischal, lord Keith etc., marischal of our realm, Alexander [Seton], earl of Dunfermline, lord Fyvie etc., our chancellor, our beloved familiars and councillors James [Elphinstone], lord of Balmerino, our secretary, Lord Richard Cockburn, younger, of Clerkington, knight, keeper of our privy seal, Master James 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, director of our chancellery, at Whitehall on 6 March in the year of the Lord 1607 and the forty-second of our reign.
James, by the grace of God, king of Great Britain, France and Ireland, and protector of the faith, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that, after our dissolution carried out by us with the advice of the three estates of our realm in our parliament, of all minerals and metals existing within our realm of Scotland, to the effect that they be leased in feu ferm for the augmentation of our rental, as is set out at length in the act of our parliament passed in that regard, with the advice of our loyal familiar and councillor George, earl of Dunbar, lord Home of Berwick, our treasurer of Scotland and prefect or master of metals of our said realm and lord thereof, have given, granted, rented, leased, leased out and surrendered for feu ferm or emphyteusis in heritage, and by this present charter of ours have confirmed, and by its wording do give, grant, rent, lease, lease out and surrender for feu ferm or emphyteusis in heritage, and confirm in perpetuity, in favour of our beloved and loyal familiar and councillor Lord Thomas Hamilton of Monkland, knight, and any of his heirs and assignees in heritage, all and singly, the mines and mining rights and metals, gold, silver, copper, tin and lead, and metals of any kind and quality within all the bounds, limits and area of the lands and baronies of Ballencrieff, Bathgate, Drumcross, Knock of Drumcross, Tortieben, Torphichen, and Hilderston, with their pendicles and pertinents or within any part, place or pertinent of all the foresaid lands and baronies or any part of them, lying within our sheriffdom of Linlithgow, with free and full authority to the said Lord Thomas, his heirs and assignees or their factors or servants in their name, to dig the land, to lead aqueducts to drain the diggings, and to search for, extract, make money from, work and intromit, all and singly, metals and minerals of any kind or quality existing within the whole bounds of the said lands and baronies respectively or any part of them, and to transport them to all parts of our realm, or export them outwith our said realm at their will, and to sell, use or dispose of them at their will as if their own property; to bring in and put in place workmen, carriers, miners and other workmen necessary - whether outsiders or not - to this effect; to build houses, mills, fire instruments or works (commonly called 'fireworks') on any part of the said lands; to dig turves and any other material for starting and keeping a fire, and cutting trees in any marshes or woods within the bounds of the said lands or any part of them, or freely gathering and transferring trees, wood, turf and other fire materials found within eight miles of them and putting them to the use advantage and prosecution of the said mines. It is to be accepted as satisfactory, however, that the said Lord Thomas and his foresaids pay to the lords of the said woods and marshes, for the said turf and wood, their just value when it has been agreed among them; if they refuse to accept this, a price is to be set by the lords of our privy council or by two upright men with the authority of the said lords of the privy council. We grant the authority equally to the said Lord Thomas and to his foresaids to make roads and routes for the free entry and exit, approach and return for the said mines, houses, mills, fire works (commonly called 'fireworks') as shall seem expedient to him, and for bringing in all necessary material and all requisites, as well as for conveying the said metals, minerals and material dug from the ground from there to any place at his will, and generally with the authority to the said Lord Thomas and his foresaids to use and exercise any other privileges, freedoms and advantages for the development of the said metals and transport of minerals which would ever have been granted to anyone in the past, by infeftments, leases, or other rights and safeguards, or which could agree with the laws and acts of our parliament. Hence we wish and grant and, on behalf of ourselves and our successors, decree and ordain that a single sasine shall now be held by the said Thomas and for all time to come by his forementioned heirs and assignees, at the manor of Halkerston or the manor of the same which will stand and be a sufficient sasine for, all and singly, the foresaid mines, minerals and metals of gold, silver, copper, tin and lead and other minerals and metals stated above, notwithstanding that they do not lie together and contiguously but in various different parts, regarding which, for us and our successors, by the wording of our present charter, we give dispensation. All and singly, the foresaid mines, minerals and metals of gold, silver, copper, tin and lead and any other metals and minerals of any kind or quality within the bounds, limits and area of the said lands and baronies as mentioned in detail above, with their pendicles and pertinents or within any part, place or portion of the said lands and baronies or any parts of any of them, together with all their privileges, liberties and advantages stated above, shall be held and had by the foresaid Lord Thomas and his foresaid heirs and assignees, from us and our successors in feu ferm, feu, emphyteusis and heritage in perpetuity, with free entry and exit, and with, all and singly, the liberties, advantages and easements and their other just pertinents relating to them or justly capable of relating to them, or to any other such mines, minerals and metals within our realm by virtue of the said act of our parliament, or any feu ferm, infeftments or other rights and safeguards granted or to be granted by us to any other person or persons, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the said Thomas, and his foresaid heirs and assignees, shall render to us and our successors and our and their successors and to treasurers present and future and their factors and servants in their name one tenth of, all and singly, the foresaid metals and minerals, of gold, silver, copper, tin and lead and others which each year they happen to find within the said lands and baronies, above ground when they have been found of such a type and quality which have been extracted from the bowels of the earth, or such a price as our royal majesty shall decide, with the advice of our said treasurer or our master of metals present or future and with the written consent of the said Lord Thomas and his foresaids, at the free choice and option of the said Lord Thomas and his foresaids by way of feu ferm, only. In testimony of this we have instructed that our great seal be appended to this present charter of ours. Witnesses were our beloved kinsmen and councillors James [Hamilton], marquis of Hamilton, earl of Arran, lord Aven etc., George [Keith], earl Marischal, lord Keith etc., marischal of our realm, Alexander [Seton], earl of Dunfermline, lord Fyvie etc., our chancellor, James [Elphinstone], lord Balmerino, president of our college of justice and our secretary, our beloved familiars and councillors Lord Richard Cockburn, younger, of Clerkington, knight, keeper of our privy seal, Master James 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, director of our chancellery, at our palace of Whitehall on 4 April in the year of the Lord 1607, and in the forty-fifth year of our reign over Great Britain, France and Ireland.
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30. In the parliament held at Edinburgh, 11 August 1607, by virtue of a special commission granted by our sovereign lord to that effect under his majesty's great seal of the date at his highness's court of Theobalds, 13 July 1607, compeared personally Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, and in presence of the whole estates of parliament produced a summons of forfeiture raised at the instance of the said lord advocate for his highness's interest, against Patrick, earl of Orkney, whereof the tenor follows:
James, by the grace of God, king of Great Britain, France and Ireland, and defender of the faith, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, David Bryson, Alexander Douglas, James Chalmers and Master William Stewart, macers, Ormond, Bute, Unicorn and Carrick pursuivants, messengers, and any of you, jointly and severally, our sheriffs in that part. We mandate and instruct you to summon lawfully and peremptorily Patrick, earl of Orkney, in person if you can have his presence in person, but if otherwise at the market cross of Edinburgh and the port, commonly called the shore and pier of Leith, by virtue of letters of dispensation of the lords of our privy council, that he should compear before us or our commissioner of our realm of Scotland, and our justice and the three estates of our realm in our parliament in Edinburgh, or where it happens that we or our said commissioner, justice and the estates of our said realm meet, to be held on 20 March next, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in our foresaid parliament and at the instance of our beloved and loyal councillor Lord Thomas Hamilton of Monkland, knight, our advocate for our interest, for the nefarious and treasonable crimes of lese-majesty of the same Patrick, earl of Orkney, as set out below, perpetrated and committed by him and others with his instruction, help, persuasion, planning and approval, and of which he was and is aware and part of, art and part. Further it is decided, by us and our said commissioner and justice and by the three estates of our said realm, that he has committed the crime of lese-majesty, and has incurred the penalties established for that by law, namely loss of life and goods and other things mentioned below, for the causes and reasons which follow, because it has been established by us and by many of our most serene predecessors as kings of Scotland, and the estates of the said realm, and has been resolved in various parliaments, as well as by fair laws of other races received by us, that if anyone has committed the crime of treason and lese-majesty against a king's majesty or authority, or has taken royal authority upon himself, or as a private person for the power of magistrates has knowingly done things with guile and malice, he should suffer loss of life, lands and all goods. And indeed it is clear that the said Patrick, earl of Orkney has committed very many crimes of treason and lese-majesty, as follows, against us, has usurped our authority and majesty, and with guile and malice has treasonably done, in place of authority or magistrate, what is the prerogative of supreme power, since it is for a supreme prince alone to establish and publish laws and to ordain the penalty of death, exile or rebellion in the case of perpetrators of the same; nevertheless the said Patrick, earl of Orkney, spurning and violating our majesty and authority, and without consulting or informing us, and treasonably usurping our supreme power, established a law and in March or thereabouts in the year of the Lord 1595 by trumpet call treasonably proclaimed a law in his name that no inhabitant of Orkney and no one calling there should carry a sword, dagger, knife or any other weapon without licence from him, under pain of death. On account of the violation of his said statute, the said Patrick in the month of [...] in the year of the Lord 1595 violently and treasonably took prisoner John [Stewart], master of Orkney, his brother and free subject of ours, and consigned him to close custody. Also for the same reason he took William Todd, a citizen of Edinburgh, cruelly shackled him and treasonably kept him prisoner for a long time. Secondly, the said Patrick, earl of Orkney, in the month of [...] in the year of the Lord 1595 and also in the month of [...] in the year of the Lord 1598, and also in the month of [...] in the year of the Lord 1600 ordained and treasonably proclaimed by public edict that no inhabitant of Orkney should lodge a complaint against him with us, the lords of our session or privy council or any justice, or initiate a lawsuit, or embark upon or prosecute any civil or criminal action on any matter under any judge other than the said Patrick's deputies, and he forced very many noblemen, inhabitants of Orkney, to support and agree with him, under pain of loss of all lands and goods and above all of exile. On account of his transgressing his said order, in the month of [...] in the year of the Lord 1595 he treasonably took William Bannatyne of Gairsay, stole from him our letters of security and caution regarding non-offending (commonly called our 'letters of lawborrows') and treasonably tore them up and burned them, and on account of their execution flung our messenger into chains, and treasonably and most savagely subjected him to a new torture of unusual cruelty invented by him (commonly called 'caschelawes').† By his treasonable sentence he forced the said William Bannatyne into perpetual exile from Orkney. Thirdly, the said Patrick treasonably forced all the noble and honest citizens of the said islands and their domestic servants to swear by their signature that if anyone heard any talk insulting to him, or any complaint about savagery, iniquity, injuries or tyranny reported by anyone, within 24 hours they were to report it to the said Patrick under pain of confiscation of all lands and goods and the exile of themselves and their descendants. If anyone were to receive any enemy of the said Patrick or help him at all, he should suffer the same penalty. Finally, by the same edict he treasonably obliged them to foster, help and safeguard any of his causes and business, against all mortals (no one excepted - even ourselves). Fourthly, the said Patrick, earl of Orkney, in the month of [...] in the year of the Lord 1592, treasonably forging a commission of lieutenant granted by us to him, and by the work of his servant Andrew Martin on the orders of the said Patrick treasonably copying and forging our signature, and equally having forged our signet, treasonably usurped our authority on that pretext and by public proclamation issued at the sound of the trumpet, as if he had had a lawful commission from us, when in reality none had ever been sought or granted, ordered all the inhabitants of the said islands to take up arms and gather on his authority as if our commissioner, take orders from his lieutenant, and besiege the castle of Kirkwall, and forced them - terrified by the commission and edict issued in our name - to hand over to him the guards of the castle and the castle itself. Fifthly, the said Patrick treasonably imposed upon the inhabitants of the said Orkney islands and Shetland tributes which are the prerogative of a supreme prince alone, and cruelly and excessively exacted them in the month of [...] in the year of the Lord 1594, in the month of [...] in the year of the Lord 1595 the sum of 20,000 merks, and in the month of [...] in the year of the Lord 1596 imposed a tribute exceeding £20,000 on the same inhabitants of Orkney and Shetland, and when they refused to pay exacted it from them savagely against their will by distraint of lands and goods, to their great loss, and without any pity for the impoverishment of the islanders. Also, in the month of [...] in the year of the Lord [15]95 he demanded of them another huge and intolerable tribute to the sum of £1,000 so that he could buy a huge ship for himself. Sixthly, the said Patrick in the month of November in the year of the Lord 1598 called together a large number of armed men, allocated them to divisions under leaders and standards, and treasonably made war on Michael Balfour of Mountquhanie, our free and loyal subject, and besieged the said Michael's castle of Noltland with all kinds of hostility. Attacking and invading it with iron, fire and war engines day and night, he eventually forced the besieged, moved by the force of imminent and most cruel death, to hand it over to him. He took them away as captives and detained them treasonably for many days. Seventhly, the said Patrick, earl of Orkney in the month of [...] in the year of the Lord 1591 and in 1592, with the late Francis [Stewart], earl of Bothwell (at the time under condemnation as a rebel) treasonably plotted against us and using messengers frequently informed him of our plans and actions. He sent large sums of money though the late Henry Colville, a domestic of Patrick's, so that troops could be led against us, and he treasonably and with hostile intent helped the said Francis against us. Also, the said Patrick often met with Master John Colville (a notary) who had been condemned and publicly proclaimed a rebel, they plotted together, and warned the said Francis, earl of Bothwell by letters sent through George Traill, a domestic of the said Patrick, in the month of [...] in the year of the Lord 1594, and took several soldiers in his pay and put them at the disposal of the said Master John Colville (a rebel against us) as his companions, guards and defenders in the said month of [...] in the year of the Lord 1594 and in various other months and years - while he was still a rebel. Eighthly, the said Patrick, earl of Orkney harbouring the inveterate contempt he felt for us, by all the treasonable acts expressly mentioned above, in the month of [...] in the year of the Lord 1597 had been warned by letters from his friends how much offence he had given to us and our destitute and loyal subjects by his tyranny, and how he might the more easily seek pardon, regain his goods which had been taken from him, against law and natural justice, and recall those exiled by his unjust sentence, their houses restored to them, and allow them to use and enjoy their properties and goods in future in peace, he insultingly and treasonably replied that his friends would be acting rightly if they treated with us and sweetly persuaded our wife not to entrust any of his exiles and rebels to him, as he was neither willing or able to grant them any favour or pardon for their offences in our grace. [He claimed that] if we were to decree anything severe against him, he would see to it that on their return we would spend and consume their patrimonial and demesne fund and indeed our crown before we would force him to do anything against his will. Ninthly, the said Patrick, earl of Orkney, in December of the year of the Lord 1594, treasonably set out to set fire to and destroy the only room which remained as a refuge for the servants of the said James Stewart of Graemsay - the only place left after all the rest had been destroyed by the tyranny of the said Patrick - and monstrously besieged it (containing as it did the servants of the said James) with his own domestic servants and mercenaries who had been sent there by his express order. Tenthly, the said Patrick, earl of Orkney, usurping every prerogative of our majesty, in the month of [...] in the year of the Lord 1598, ordaining the death penalty for the crime of any thought against him, called to justice Thomas Paplay and William Spaner on the ground of initiating a faction against him and a plot to kill him, they were convicted and condemned on that ground alone by his deputies, and punished by death. He saw to it that David Angus, on the ground of alleged knowledge of the said plot and concealing it, was equally put to death. Eleventhly, the said Patrick, a rebel and denounced by our horn, on account of his contempt and disobedience of our letters and instructions, when we and the lords of our privy council had sent other letters, as is the custom and according to the laws and practice of our realm, to the said Patrick, earl of Orkney on account of his forementioned acts of rebellion under pain of treason and lese-majesty, was ordered to surrender our castles to our messenger who was executing our letters in our name, and be at our castle of Blackness to be kept safe as a prisoner, when our messenger and trumpeter had come to Kirkwall to execute the said letters, they were prevented by Captain Henry Black, a domestic of the said earl, from leaving their lodgings, under pain of death, until the said Patrick, because, having been informed of their arrival, had made clear his will on the subject. On the following day, excessively [...] in the month of October in the year of the Lord 1604 - while the said trumpeter was a prisoner as before in his lodgings on the orders of the said Patrick, and had been on his instruction detained, the messenger alone was permitted privately to make proclamation at the Kirkwall cross. The said Patrick, earl of Orkney treasonably disregarded the instructions and orders of our said letters, and after the execution of the said letters did not go to the said Blackness Castle or hand himself over to custody, but contemptuously and treasonably continually from that time onwards did what he wanted at his own arbitrament and instructions in the said Orkney and Shetland islands. As a result of the foresaid crimes and each one of them, the said Patrick, earl of Orkney has committed the crime of treason and lese-majesty and it should be decreed that he has deserved, incurred and should suffer the penalties established by law for the same. Therefore it is decreed, declared and ordained, for seeing and hearing, by us and by our commissioner and justice and by the three estates of our realm, that the said Patrick, earl of Orkney has perpetrated and committed the foresaid crimes of lese-majesty and treasonable rebellion respectively, and has been and is aware and active (commonly art and part) and ought to bear and suffer the appropriate legal penalties for the foresaid crimes, namely loss and confiscation of all goods both immovable and movable, lands and tenements, honours and dignities and everything else. The said lands, tenements, properties and all movable and immovable goods, rights, honours and dignities and everything else relating or pertaining to him, or which could relate or pertain to him in any way, are forfeit to us and pertain to us and remain in perpetuity as our property. Further, it is necessary to answer in respect of the foregoing and submit to the law. It is intimated to the said Patrick, earl of Orkney that whether he has compeared on the said day and in the said place, with continuation of days, or not, either we and our said commissioner and justice shall proceed in regard to the foregoing, in line with justice. Further, you are to summon to compear before us or our commissioner and justice in our said parliament on the said day and in the said place at the hour of cases, with continuation of days to demonstrate loyal testimony in respect of the foresaid, under pain [of the law]. Also, you shall hand over the present letter, duly executed and endorsed, to their bearer. Also you who have served writs in person are to be on the said day in the said place, in the presence of ourselves or our commissioner and justice, bearing with you written proof of your summons in relation to the foregoing, or witnesses themselves. To carry this out, we give full authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 1 January 1606, and in the thirty-ninth and third years of our reign.
Upon the production of the which summons above-written and executions thereof, the said Sir Thomas Hamilton, advocate to our sovereign lord, asked instruments. And immediately thereafter, in presence of the said estates, Master Alexander King, procurator for the said Patrick, earl of Orkney, produced his highness's letter and warrant underwritten, superscribed with his majesty's hand, of the which the tenor follows:
James Rex. Sir Thomas Hamilton of Binning, knight, our advocate, we greet you well. Forasmuch as it is understood to us that there is a summons of forfeiture intended against our cousin Patrick, earl of Orkney, more summarily than is accustomed in such cases, and that the reasons contained therein are altogether false and frivolous and for the most part already decided so in council, it is, therefore, our pleasure that upon the sight hereof you compear in our next session of parliament held there in our country of North Britain before our three estates, and thereafter calling of the said summons, renounce the same of law, lawsuit and cause, and crave an act of our parliament to be extended thereupon as you will answer to us; concerning which, this letter shall be your sufficient warrant and to our three estates. Given at our court in Whitehall, 19 November 1606.
The which letter and warrant being publicly read in presence of the said estates, the said lord advocate asked instruments upon the production and contents thereof, and according to the same warrant, and for obedience thereof, the said advocate in our sovereign lord's name renounced the foresaid summons of forfeiture and whole action and reasons therein contained competent to his majesty of law, lawsuit and cause, according to the desire of the said warrant above-inserted in all points, and protested that the same letter be inserted in the books of parliament for his and the said estates' warrant in the said matter; to the which whole premises the said estates have interposed and interpose their authority.
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31. The which day our sovereign lord and estates of parliament, understanding that since the decay and falling down of the bridge of Over Cramond, not only his highness's lieges in passing and returning to the burgh of Edinburgh, being the place where the lords of his highness's secret council, session and justice for the most part make their residence for administration of justice, are often and diverse times by the water of Almond (which suddenly rises in great abundance) in peril of their lives, but likewise sundry have perished therein; for remedy whereof and of the inconveniences [which] may fall out in time coming through the decay of the said bridge of Cramond, our said sovereign lord and estates foresaid have given and granted, likewise by the tenor hereof, give and grant full power and commission to the lords of secret council to set down some solid order that there be a bridge built where the former bridge was built of before upon the said water of Almond, or in the most convenient part nearest that place for serving as a passage to his highness's subjects, their goods and gear over the said water in time coming; and whatsoever act and ordinance the said lords of secret council shall make, devise and ordain for the building of the said bridge of Cramond, the said estates of parliament, now as if the same act and ordinance were made, and then as now, ratify and approve the same, and decree and declare the same act and ordinance to be as valid and effectual in the self as if the same had been made in this present parliament and an act made thereupon.
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32. Our sovereign lord and estates of this present parliament, calling to remembrance the good, true and memorable service done to his majesty and lieges by his trusty cousin Robert, lord Roxburghe 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 lord to underlie all good offices and services tending to his highness's honour, well and profit of the realm, not only in the discharging of the office of the wardenry in the Middle Marches of this realm before the happy union of both the realms in his highness's person, but likewise in the execution of diverse other commissions for quieting of the late borders and repressing of all insolency and disorder within the same at all occasions bygone upon his great charges and expenses, in the which good offices the said Robert, lord Roxburghe has discharged his duty most faithfully, as is commonly known to his majesty and estates of this present parliament, whereupon sufficient trial has been taken before them; and being of good, deliberate mind that the said good offices and services done by the said Robert, lord Roxburghe, with the great charges sustained by him shall 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 Kelso and cell of Lesmahagow, which is a pendicle of the said abbacy, with the abbey places, cloisters, yards, orchards and all easements and commodities within the precincts of the same, with all and whole that part of the town lands and mains of Sprouston, mills, mill lands, multures, sucken and whole parts and pendicles thereof, which pertained of before to the priory of Charterhouse as a part of the patrimony thereof, and now pertain to his majesty by the act of annexation of the kirk lands within this realm to the crown, with all and sundry the teind sheaves, other teinds, fruits, rents, revenues, emoluments and duties, as well parsonages as vicarages, of all and sundry the parish kirks of the same benefices shall be granted and conveyed to the said Robert, lord Roxburghe, his male heirs and assignees heritably, as follows; as also considering that William [Kerr], commendator of Kelso, for many good and reasonable causes, with consent of his steward, has resigned, renounced and demitted in his highness's hands all and whole the said benefice of Kelso and cell of Lesmahagow, which is a pendicle thereof as said is, whole teinds, fruits and rents of the kirks of the same (except hereafter excepted) with the abbey places of Kelso and Lesmahagow, cloisters, houses, buildings, yards, orchards and all lands within the precincts thereof, to the effect the same may be conveyed by his majesty to the said Robert, lord Roxburghe and his foresaids, in manner and to the effect following, as the said demission bears; therefore his highness, with advice of the said estates of parliament, after sufficient trial taken therein by them of the whole premises and that the same are evident, reasonable and profitable causes for the well of his majesty's crown and realm, has dissolved and by this act dissolves all and sundry temporal lands and rents pertaining of before to the said abbacy of Kelso and cell of Lesmahagow, with that part foresaid of all and whole the said lands, mains and town of Sprouston, mills, mill lands, multures, sucken and whole parts and pendicles thereof, from the said act of annexation of the same to the crown, and from all other acts of annexation whatsoever, excepting always out of and from this present dissolution all and whole the lands of Bothill, with the mill of the same, the lands of Toircleuch, the lands of Hairheid, with the tower, fortalice and manor place of the same, and the lands of Bowscheilhill, with houses, buildings, yards, tofts, crofts, parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants of the said whole lands, with their pertinents, lying within the constabulary of Haddington and sheriffdom of Edinburgh, to Sir John Cockburn of Ormiston, knight, justice clerk, to be held of our sovereign lord in all time coming, for the yearly payment of £22 12d, according to his infeftment of the same, the said Lord Ormiston, his heirs and successors in the said lands relieving the said Lord Roxburghe and his successors in the lordship of Kelso of the said feu ferm duty yearly of £22 12d at our sovereign lord and his highness's collector's hands; and also has dissolved and, by this act, dissolves all and sundry the teind sheaves and other teinds, fruits, rents, revenues and emoluments, as well parsonage as vicarage, of all and sundry the parish kirks of the said benefices of Kelso and Lesmahagow from the said benefices and foundations thereof whereupon the same proceeded, except the teinds, parsonage and vicarage, of the kirks of Home, Gordon and Fogo, possessed by Alexander [Home], earl of Home, lord Jedburgh and Douglas etc., and the teinds of the lands and barony of Broxfield lying within the parish of Kelso, also pertaining to the said earl, being the old kindly possessions of the house of Home, and likewise excepting the kirk of Greenlaw and teinds thereof, the patronage whereof pertains to George [Home], earl of Dunbar, lord Berwick, by his highness's gift and disposition, which kirks and teinds respectively foresaid shall in no way be comprehended under this present dissolution, but are and shall be specially excepted therefrom and out of the infeftment following; and likewise has dissolved and by this act dissolves the said abbey places, cloisters, yards, orchards and all easements and commodities within the precincts of the same from the said benefices, and has suppressed and, by this act, suppresses the names and memories of the same benefices for now and ever to the effect the same whole temporal lands and rents of the said benefices (except before excepted), and that part of the said whole town, lands and mains of Sproustoun, with their foresaids, which pertained of before to the said priory of Charterhouse, with all and sundry the teind sheaves, others teinds, fruits, rents, revenues, emoluments and duties, as well parsonages as vicarages, of all and sundry the parish kirks of the same benefices (except before excepted), together also with the said abbey places, cloisters, yards and all bounds within the precincts of the same [which] may be granted and conveyed by his majesty to the said Robert, lord Roxburghe, his male heirs and assignees foresaid, and may be erected to them by his highness in a whole and free lordship and barony with all privileges, immunities and jurisdictions pertaining to a free lordship and barony held of his highness and his successors in free blench, for yearly payment of 400 merks money of this realm in name of blench ferm as for payment to the ministers serving the cure at the said kirks to be nominated and presented and elected by his majesty and his successors of their yearly stipends, to be modified by the commissioners appointed to that effect, and therefore to be free of payment of all monks' portions, first fruits, fifth penny, third and all other duties whereunto his highness, 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 cause above-specified renounce and discharge forever by this act; ordaining the said lordship to be called in all time coming the lordship and barony of Halidean, and that sufficient heritable infeftment may be granted by his majesty thereupon in favour of the said Robert, lord Roxburghe and his foresaids in such due and competent form as appropriate, for making of the which infeftment, this act shall be a sufficient warrant; which infeftment likewise our said sovereign lord, with advice of his said estates, now as if the same were perfected and made and then as now, for his highness and his successors, ratifies and approves forever by this act, reserving always and excepting out of this present act and erection foresaid all regality and all privileges thereof if any be possessed by the abbots and titulars of Kelso of before, to remain with our sovereign lord and his highness's successors and their crown inseparably in all time hereafter.
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33. Our sovereign lord and estates of this present parliament ratify, approve and confirm all and sundry rights, titles, infeftments and securities and sasines following thereupon, made, given and granted to Sir James Crichton of Ruthven, knight, and his heirs specified therein, of the right and patronage of the kirk of Nevay, parsonage and vicarage thereof, and of the right and patronage of the parsonage and vicarage of the parish kirk of Eassie, which two kirks lie within the sheriffdom of Forfar, in all and sundry heads, points, clauses, articles and conditions specified and contained therein after the form and tenor thereof in all points, reserving always to [George Gledstanes], archbishop of St Andrews the yearly duty of £4 contained in a contract made between the said archbishop and the said Sir James relating thereto of the date at Edinburgh, 4 July 1607.
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34. Our sovereign lord and estates of this present parliament, calling to remembrance the good, true and thankful service done to his majesty and in the public affairs of the realm of Scotland by his highness's late faithful and familiar councillor Master John Lindsay of Balcarres, sometime his majesty's secretary and one of the senators of his highness's college of justice, to the profit and commodity of his majesty's estate, royal and common welfare of his said realm; therefore, and for other good causes and considerations moving his majesty and estates foresaid hereto, they have ratified, approved and confirmed and, by the tenor hereof, ratify, approve and confirm a charter and infeftment (which the said estates have now seen, read and considered and perfectly understand), made and granted by our said sovereign lord under his great seal of the date at Holyroodhouse, 5 February 1603, to David Lindsay, now of Balcarres, eldest lawful son now alive and heir to the said late Master John, and to the said David's nearest and lawful male heirs whatsoever bearing and for to bear the arms and surname of Lindsay, of all and sundry the lands of Balneil, Easter Pitcorthie, Wester Pitcorthie and Lichtownislandis of Inverdovat, all and whole the lands and mill of Balcarres, and whole the lands of Balmaken and lands of Nether Cummerlandis, with their manor places, fortalices, houses, buildings, yards, coals, coal pits, pasturages, commonties, liberties, pertinents and others specified in the said charter, of all and sundry the lands and mill above-written, together with the advocation, donation and right of patronage of the parish kirk of Kilconquhar, parsonage and vicarage of the same, with the privileges and liberties thereof, all lying within the sheriffdom of Fife, which by virtue of the said charter were united, annexed and incorporated in a whole and free barony to the said David Lindsay and his foresaids, called and to be called in all times coming the barony of Balcarres, to be held of our said sovereign lord and his successors in free heritage, feu ferm and blench ferm respectively, and in free barony forever, as the said charter made and granted thereupon containing sundry other heads and articles more fully purports, together with the procuratories and instruments of resignation and demission therein mentioned whereupon the said charter proceeded, and also the instruments of sasine following thereupon given and granted to the said David Lindsay of all and sundry the said lands, barony and others above-rehearsed, in all and sundry their heads, clauses, articles and contents of the same, after the forms and tenors thereof in all points, to the effect the said David Lindsay and his male heirs foresaid may peaceably hold, enjoy, possess, set, use and convey at their pleasure all and sundry the said lands, barony, mill and others whatsoever above-specified comprehended therein; together with the foresaid advocation, donation and right of patronage of the forenamed parish kirk of Kilconquhar, parsonage and vicarage thereof, with all and sundry privileges and commodities appertaining thereto, as their own proper lands, rents and heritage in all time coming, in manner contained in the said charter and infeftment made thereupon. And to that effect our said sovereign lord, for his majesty and his said successors and the estates foresaid, with one consent, has dissolved and disunited and, by the tenor of this present act of parliament, dissolves and disunites the forenamed parish kirk of Kilconquhar, parsonage and vicarage of the same, with all and sundry teind sheaves, other teinds, manses, glebes, rents, profits, emoluments and others whatsoever thereof pertaining thereto of before, with the foundation of the same, from the abbacy and priory of North Berwick and patrimony thereof in all times coming and, by the tenor of this present act, erects in a rectory and parsonage by the self and to be called in all time coming the parsonage of Kilconquhar; and the said advocation, donation and right of patronage thereof shall appertain heritably to the said David Lindsay and his foresaids as united, annexed and incorporated in and to the said barony of Balcarres in all times coming; and declares that this present ratification and confirmation of the foresaid charter and infeftment shall be as valid and effectual in all respects to the said David Lindsay and his foresaids as if the same charter were word by word at length inserted herein, without prejudice always to [George Gledstanes], archbishop of St Andrews and his successors, their rights of the superiority of the lands of Wester Pitcorthie and Balmaken held of them, whereunto this present ratification shall in no way be extended nor prejudicial.
[1607/3/46]*[print] [email] [cite] [preceding] [following]
35. Our sovereign lord and estates of this present parliament ratify and approve the infeftment under the great seal made and granted by his majesty, with advice of [George Home, earl of Dunbar], his highness's treasurer, and [Master John Preston of Penicuik], collector general, to his highness's right trusty cousin and councillor Francis, earl of Erroll, lord Hay, great constable of this realm of Scotland, and to his male heirs and of tailzie therein contained, of all and whole the town and lands of Turnalief, with the tofts, crofts, outsets, parts, pendicles and pertinents of the same lying within the barony of Slains, parish of Cruden and sheriffdom of Aberdeen, with the advocation, donation and right of patronage of the parish kirk of Cruden, parsonage and vicarage thereof lying within the said sheriffdom of Aberdeen, together with all and whole the advocation, donation and right of patronage of the parish kirk of Erroll, parsonage and vicarage thereof, lying within the sheriffdom of Perth, to be held of our sovereign lord and his successors in free blench ferm, fee and heritage forever, for payment of one penny usual money of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm, if it be required, only, as the said infeftment of the date at Edinburgh, 29 July last at more length bears in all and sundry points, passages, heads, articles, clauses and conditions whatsoever therein contained, after the forms and tenor thereof, with all that has followed or may follow thereupon; ordaining this present ratification to be as sufficient as if the said infeftment were at length engrossed herein.