[1607/3/43]*[print] [email] [cite] [preceding] [following]
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.
[1607/3/44]*[print] [email] [cite] [preceding] [following]
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.
[1607/3/45]*[print] [email] [cite] [preceding] [following]
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.