[1609/4/12]*[print] [email] [cite] [preceding] [following]
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 24 June in the year of the Lord 1609, by the said commissioner George [Keith], earl Marischal, by virtue of the said commission dated at Greenwich on 6 June 1609, and by all the estates of the realm, together with James Stewart for the marischal, William Hay for the constable, Master Robert Learmonth for the sheriff of Edinburgh, and David Lindsay, dempster.
[1609/4/13]*[print] [email] [cite] [preceding] [following]
The which day Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, produced in presence of the said noble and mighty lord the said [George Keith], earl Marischal, commissioner, and in presence of the whole estates, likewise he did diverse times of before, a summons of treason raised and pursued by our said sovereign lord and by his highness's advocate against John [Maxwell], lord Maxwell, to have answered to the points of the said summons and to the crimes of treason and lese-majesty contained therein; the which summons and reasons and causes therein contained being first read in presence of the lords of articles of this present parliament, they found the same summons relevant, and thereafter this instant day the same summons of treason, being read in presence of the said lord commissioner and of the whole estates of this present parliament, the said Lord Maxwell being thrice called at the tolbooth window to have answered to the said summons of treason and compeared not, the said whole estates found the said summons raised by our said sovereign lord and his highness's advocate against the said Lord Maxwell and the whole three reasons and causes therein contained and every one of them relevant, and therefore they admitted the same to the said advocate's probation.
And immediately thereafter, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, in his highness's name, for proving of the points of the said summons of treason and whole reasons and causes contained therein, repeated all the depositions of the witnesses examined before the lords of articles and lords of secret council of before for proving of the said whole three reasons and every one of them, together with diverse acts of parliament, laws and constitutions of this realm, Sir James MacConnell's conviction for breaking of ward out of the castle of Edinburgh, letter of horning against the said Lord Maxwell for non-compearance before the lords of secret council to answer before them for his breaking of ward out of the castle of Edinburgh, for the burning made by him at Dalfibble and for slaughter of [Sir James Johnstone], laird of Johnstone, with diverse other writs and probations produced by the said lord advocate for proving of the foresaid summons of treason and whole three several reasons and causes contained therein, and every one of them, and renounced further probation; and thereupon the said advocate asked instruments. And likewise the said advocate produced in presence of the said lord commissioner and whole estates letters of relaxation bearing the said John, lord Maxwell to be relaxed by James Douglas, messenger, from the process of all hornings at the market crosses of Lochmaben and Dumfries upon 15 March 1609, and at the market cross of Edinburgh by John Moncur, messenger, upon 23 March, the year of God above-written, as at more length is contained in the said letters of relaxation subscribed by James Primrose, clerk to the secret council, of the date 6 March last, and registered in the clerk of register's books 23 March 1609. And upon the production of the said letters of relaxation, the said advocate likewise asked instruments and desired the said process of forfeiture to be advised by the said whole estates.
The which day the said Sir Thomas Hamilton of Binning, knight, after he had repeated and produced all his probations to the said whole estates which he would use for proving of the points of the said summons and reasons and causes therein contained, raised and pursued at the instance of our said sovereign lord and his highness's advocate against the said John, lord Maxwell, whereby he was summoned before our said sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty contained in the said summons; of the which summons 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 specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses John, lord Maxwell, in person if you can have his presence in person, but if not at the market crosses of our burghs of Edinburgh and Dumfries, and at the castles of Caerlaverock and Dumfries, and the dwellings of the said John, lord Maxwell before his flight from the law, and rebellion, and also at the port, commonly called the shore and pier of Leith, and other places necessary, on 60 days' notice, because he is considered to be outwith our realm of Scotland, that he should compear before us or our commissioner and justice and estates of our realm of Scotland, 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 12 April next, at the time of dealing with cases, with continuation of days, in order to answer to us or our commissioner and justice in our foresaid parliament, and at the instance of our beloved and loyal councillor Thomas Hamilton of Binning, knight, our advocate for our interest, for the nefarious, dastardly and treasonable crimes of lese-majesty of John himself, as set out below, perpetrated and committed by him and others with his instruction, persuasion, assistance and approval, and of which he was and is aware and part of, art and part. Further it is decided, for sight and hearing by us or our commissioner and justice and the three estates of our said realm, that he has committed crimes of lese-majesty as set out below in the following manner, and has incurred the penalties established for that by law, namely loss of lands and all goods, movable and immovable, and offices, rights and all other things within our said realm pertaining or in any way able to relate or pertain to him. And the said totality of his goods, properties, lands, tenements, offices, dignities, rights, and advantages competent within our said realm, or which could in any way relate to him, are forfeit to us, and they belong to us and remain with us in perpetuity within the laws and customs of our realm, for the causes and reasons which follow. First, this is because, not only by a decreet of our dearest late grandfather James V, most illustrious king, promulgated in his parliament in the year of the Lord 1528 [1529], but also by a law carried by us in our parliament in the year 1567, it is established that any people who burn people within their own houses, and all setters of fires in buildings and crops, and all other deliberate and malicious fireraisers committing the said crime with a premeditated and thought-through plan, shall be guilty of lese-majesty. It is certain that the said John, lord Maxwell, contemptuous since his youth, given to contumacious rebellion against the law and contempt of our authority, by nature and bad habit, when he had been ordered by a large number of letters of ours in the years of the Lord 1598, 1599, 1600, 1601 and 1602, on pain of rebellion, to pay the rents of his properties of Duncow, Trive Grange and its mill (which had been united and annexed as part of the demesne of our crown and had been possessed by the said John, lord Maxwell and his predecessors as emphyteusis and feu ferm holders and tenants), and also had been ordered to render accounts to us and to exchequer auditors regarding the other rents and taxes within our foresaid stewartries of Annandale and Kirkcudbright which were due to us for many preceding years, as steward of the said provinces and borders, as was incumbent upon him by virtue of his office, and also pay the said rents, dues, taxes and other sums of money when he was due to, on pain of rebellion; further, that he should compear before the lords of our council in the said years, to answer for various instances of his contempt, rebellion, breakings out from our prisons, violent attacks outwith our wardenships, and other crimes and misdeeds committed and perpetrated by him. Nevertheless he persistently disregarded all our orders and instructions and for these reasons and many other instances of rebellion was put to the horn by us. So that however he might preclude himself from all hope of pardon by us, and deserve the extreme penalties of the law by his most infamous crimes, on [...] February in the year of the Lord 1602, accompanied by Charles Maxwell, called of Kirkhouse, Robert Maxwell of Dinwoodie and other associates and companions in crime, to the number of 20 men illegally gathered, and armed with helmets, lances, breastplates, guns, carbines and other banned arms, because of the inveterate hatred and malice the said John had long harboured against the late William Johnstone, brother of Wilkin Johnstone of Elshieshields and John Johnstone, brother of James Johnstone of Hazliebrae, on account of the deadly enmities between the Maxwells and Johnstones, approached the township of Dalfibble, lying within the parish of Kirkmichael and our sheriffdom of Dumfries, where he, with the said Charles Maxwell, called of Kirkhouse, Robert Maxwell of Dinwoodie, and other servants and friends of his, monstrously and maliciously attacked the said William Johnstone who was living quietly and peacefully in the said township of Dalfibble, not suspecting any injuries, sieges or attack, and drove him into his house in the said township of Dalfibble, and so as to deprive him of all hope of safety, deliberately and according to a plan treasonably set fire to the house of the said William and burned it down. Such was the violence of the flames that the said William was forced to dash out; he cruelly killed him. He immediately went to the house of Cuthbert Bratten who lived in the same township and equally maliciously, cruelly and by a deliberate and considered plan set fire to it, and burned alive within the same house the said late James Johnstone, called of Briggs, and utterly destroyed by fire the house of the said Cuthbert. These treasonable crimes were perpetrated by the plotting, orders, help and advice of the said John, lord Maxwell. The said John, lord Maxwell was and is art and part (commonly airt and pairt) of them, and should suffer and endure the said penalties of treason and lese-majesty set down by law for crimes of this kind. Secondly, because it has been established by us and by the estates of our said realm of Scotland in our eleventh parliament that murder of any of our subjects, when the murderer is under the trust, credit, assurance and power of the slayer (commonly under the trust, credit, assurance and power of the slayer), every such murder and homicide committed in future shall be a crime of lese-majesty, and and anyone who is convicted of that crime in the due course of law shall forfeit his life, lands and all his goods to us. Indeed it is the case that the said John, lord Maxwell on 11 June or thereabouts in the year of the Lord 1605, before the lords of our privy council, returned to grace and friendship with the late Lord James Johnstone of Dunskellie, knight, and solemnly promising to forget all previous enmities, gave him his trust and his right hand as a sign of sincere reconciliation and future friendship. He promised, with a great oath, that the said late James would be safe and immune, by his intervention, from any injury, loss, attack or danger from him, his parents, relatives, friends, dependents, servants and all who attended him, in future, and gave him a signed letter or reconciliation (commonly, a letter of slains) as testimony and confirmation of the foregoing. The said late Lord James, putting his trust in this, behaved with negligence and lack of caution, and the said John, lord Maxwell, learning of this, and burning with a most foul urge for revenge, began plotting with the said Charles Maxwell, called of Kirkhouse, in March and April past by what trickery they could best draw the said late James Johnstone into a trap and treasonably kill him. Eventually they decided that it would suit them best to draw Lord Robert Maxwell of Spottes, knight, in both their names, dear and loyal to the said Lord James, into a trap. Hence when the said Lord Robert had been called to him, the said John, lord Maxwell carefully worked with him to draw the said late Lord James to meet with him, so that he might devise a closer friendship and familiarity, and could with the help of the said Lord James obtain from us a pardon for his crimes, on account of the foresaid acts of rebellion and many other things because his contempt of our letters in the years of the Lord 1603, 1604, 1605, 1606, 1607 and 1608 addressed to him under pain of rebellion, and denouncing him to the horn. When the said Lord Robert reckoned that this really was being demanded, with the encouragement of the said John, and having formerly been given his word that the meeting would be safe and a peaceful and harmless way back, he frequently plotted with the said late Lord James and persuaded him to meet the said Lord Maxwell in peace, accompanied only by a friend or arbiter to the forementioned effect, solemnly promising that in the name and by the orders of the said John, lord Maxwell his approach and return would be safe and sure. Influenced by these persuasions and promises, the said late Lord James, on 6 April last, accompanied by William Johnstone, called of Lockerbie, with a sword and no other arms, followed the said Lord Robert Maxwell and came to the muir between Arthurstane and Trailflat, where he spotted two horsemen hiding from his approach. With the encouragement of the said Lord Robert he stopped for a short time in that spot, until Lord Robert came forward, and seeing that the said two horsemen were John, lord Maxwell and Charles Maxwell, called of Kirkhouse, declared that he had brought the said Lord James Johnstone to the planned parley, and sought renewal of the oath previously given by the said Lord Maxwell regarding the safety of the said Lord James and William Johnstone regarding their safe and sound approach and return from the parley. When he got this from the said Lord Maxwell for himself and the said Charles Maxwell, the name and power of God having been invoked, the said late Lord James Johnstone, trusting so many promises and oaths, was taken to the place agreed for the parley, to the said Lord Maxwell. Greetings having been exchanged as usual among friends, they uncovered their heads and met, and ordered the said Charles Maxwell and William Johnstone to stop, and proceeded to the parley with Lord Robert Maxwell in the middle, with one on his right and the other on his left as he rode, and when they had peacefully and, as it appeared, amicably discussed the matters they had met for, the said Charles Maxwell, as had been agreed between him and the said John, lord Maxwell, approached the said William Johnstone, contrary to what had been agreed, to seize his pommel disagreeably and contentiously. And so he asserted that he had not come to the meeting willingly, so if he had known its purpose in advance he would, he said, not have been there. When William replied that he hoped the outcome of that parley would be pleasing and useful to the noblemen and their friend and dependants, Charles asserted that that was impossible and called all the other Johnstones robbers and traitors. William, however, lest he should be responsible for starting an argument, said he would put up with an insult rather than disrupt the parley of the two of them, and although frustrated by such patience of the said William, Charles could not find any excuse for a fight. Intending, however, to follow through what he had previously intended, having provoked the said William neither by words nor by action, he prepared his carbine and cruelly and treasonably attacked him, and pierced his coat and clothes with two balls, and when the Lord James Johnstone, disturbed by the noise and the voice of William shouting that he was suffering an attack on his life, turned towards him, asked what was the reason for such a foul deed, the said Lord John Maxwell approaching the late Lord James Johnstone from behind, when he feared nothing of this kind, treasonably aimed the carbine which he had hidden and ready under his coat at the said Lord James, and with inhuman cruelty, foully and treasonably, over his shoulder killed him with two poisoned balls in his body and vitals. He slaughtered him while under his trust, credit, assurance and power (commonly under his trust, credit, assurance and power) contrary to the oath he had given and the friendship embarked upon in the presence of the said lords of our council and the oft interjected oath of the said Lord Robert Maxwell renewed by the said John, lord Maxwell. Of these crimes the said John, lord Maxwell is a knowing participant, art and part, and hence he ought to undergo and suffer the penalties established by law for lese-majesty, as has been said. Thirdly, it is because it is set down, by the common law of all races and by Roman civil law, and by the laws of our realm, and beyond all memory has been observed by received and approved custom, that a person who damages the public majesty, or embarks upon a plot by his work, planning, deceit or malice to take up arms against the state, or who lets go someone who has been thrown in prison as guilty of lese-majesty, is held to have committed lese-majesty. Indeed, it is manifest that the said John, lord Maxwell, when he had been sent to custody in Edinburgh Castle because he pertinaciously refused to obey the orders of ourselves and our council, embarked upon a plot - with Sir James MacConnell of Dunyvaig, who was detained in chains in the same castle on account of many crimes of lese-majesty and treason - as to how best they could violently and treasonably break out of the said custody, to the manifest contempt and damage of our majesty. They received a pledge of support for their crime from the said Robert Maxwell of Dinwoodie and conspired to seize arms from the guards and thereby treasonably prepare an exit for themselves from the said castle by force. And to complete this the more easily, on [...] December in the year of the Lord 1607, having invited the guards to a light-hearted and free Christmas drinking session of novelty, and snatching their swords from them by force, they then shut the guards in a locked room, and proceeded, armed, to the door of the interior of the said castle. Its guard, Andrew Struthers, on account of his loyalty to us, tried to prevent their escape, but they laid him low, and nearly dead, with many wounds to the head, arm, hand, other parts of his body and his throat, and for a similar reason, his wife Margaret Philip was barbarously and cruelly wounded. They made their way through the said interior door to the middle door of the castle, where they treasonably attacked Archibald Cunningham, its guard, who refused to hand the keys over to them; they cruelly wounded him in the arm and violently snatched the keys from him. Forcibly opening the door, the said John, lord Maxwell and Lord James MacConnell treasonably broke out, climbed the wall next to the east gate of the city, and made their escape, until below the castle, by the diligence of our other loyal subjects who pursued them, the said James MacConnell was caught and dragged back to prison, while the said John, lord Maxwell fled at speed and escaped. Thus John, lord Maxwell damaged our majesty, and embarked on a plot by his work, advice, deceit and malice, by which arms were taken up against us by him and by the said James, lord MacConnell and Robert Maxwell of Dinwoodie. Also he released the said Sir James MacConnell, thrown into prison as guilty of lese-majesty, and was and is a knowing participant in all the said crimes of lese-majesty, art and part, and should undergo and suffer the penalties set down by law for them. Therefore it is decreed, declared and ordained for seeing and hearing, by us and by our commissioner and justice and by the said three estates of our realm of Scotland, that the said John, lord Maxwell has perpetrated and committed the foresaid crimes of lese-majesty, by himself and by others with his orders, persuasion, planning, help and support and has been and is a knowing agent (commonly art and part), and therefore ought to bear and suffer the appropriate legal penalties for the said crimes of treason and lese-majesty, namely loss and confiscation of life, and of all goods both immovable and movable, lands and tenements, dignities, offices, rights, and everything else relating to him. The said lands, properties and all movable and immovable goods, dignities, honours and rights and everything else relating or pertaining to the said John, lord Maxwell, 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 for him to answer in respect of the foregoing and submit to the law. It is intimated to the said John, lord Maxwell that whether he has compeared on the said day and in the said place, with continuation of days, or not, either we or our said commissioner and justice and the said estates of our realm 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 and the said estates of our realm in the 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, and the three estates of the realm 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, by virtue of the present document. Given under testimony of our great seal, at Edinburgh on 6 January 1609, and in the forty-second and sixth years of our reign.
Follows the executions upon 27 January 1609:
I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture, given under the testimonial of his highness's great seal, to the market cross of Edinburgh, and there by open proclamation, after three several sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the summons within written, lawfully and peremptorily summoned John, lord Maxwell to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates of the said realm in the parliament to be held at Edinburgh, or where it shall happen our said sovereign lord or his commissioner, justice and three estates of the said realm to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice. And also at the instance of his highness's well-beloved and trusty councillor Sir Thomas Hamilton of Binning, knight, his highness's advocate for his majesty's interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty, his highness's commissioner, justice and three estates of Scotland, to have committed the crimes of treason and lese-majesty within written and to have incurred the punishment due thereto, namely the loss of his life, lands and goods, and likewise to have forfeited and lost his hope and appearance of succession and all other rights and commodities competent to him for the causes within specified according to the tenor of the said summons of forfeiture raised against him in all points; of the which I affixed and left a just and authentic copy upon the said market cross. This I did before these witnesses, Archibald Bald, John Moncur, messengers, and James Chapman, my servant. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant.
Upon 28 January 1609, I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture given under the testimonial of his highness's great seal to the pier and shore of Leith, and there by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the within written summons, lawfully and peremptorily summoned the said John, lord Maxwell to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates of the said realm in the parliament [to] be held at Edinburgh or where it shall happen our sovereign lord or his highness's commissioner, justice and three estates foresaid to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and at the instance of his highness's well-beloved and trusty councillor Sir Thomas Hamilton of Binning, knight, his highness's advocate for his majesty's interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty, his highness's commissioner, justice and three estates of Scotland to have committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, namely the loss of life, lands and goods, as likewise to have forfeited and lost the hope and appearance of succession and all other rights and commodities competent to him for the cause within written, according to the tenor of the said summons of forfeiture raised against him in all points; of the which I affixed a just and authentic copy upon the said pier and shore of Leith. This I did before these witnesses, John Moncur, messenger, and James Chapman, my servant. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant.
Upon 4 February 1609, I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture given under the testimonial of his majesty's great seal to the castles of Caerlaverock and Dumfries, dwelling places of John, lord Maxwell of before his rebellion and during the time of his being within this country, and also to the market cross of Dumfries, respectively, and there by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the within written summons, lawfully and peremptorily [summoned]† John, lord Maxwell to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates of the said kingdom in the parliament to be held at Edinburgh or where it shall happen our sovereign lord or his commissioner, justice and three estates of the said realm to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's advocate for his majesty's interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty or his highness's commissioner, justice and three estates of Scotland to have committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, namely the loss of his life, lands and goods, and likewise to have forfeited and lost the hope and appearance of succession and all other rights and commodities competent to him for the causes within specified, according to the tenor of the said summons of forfeiture raised against him in all points; of the which I affixed a just and authentic copy upon each one of the said castles and dwelling places foresaid after I had knocked six several knocks at each one of the gates of the said castles respectively, as also I affixed an authentic copy of the said summons upon the said market cross of Dumfries. This I did before these witnesses, John Dickson in Langholm, James Chapman, my servant, and Thomas Greenlees, trumpeter. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant.
Upon 5 February 1609, I, John Yellowlees, Dingwall pursuivant, passed at command of this our sovereign lord's summons of forfeiture given under the testimonial of his majesty's great seal to the place of Langholm, being also one of the said John, lord Maxwell's dwelling houses, and there by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me, lawfully and peremptorily summoned the said John, lord Maxwell to compear before our sovereign lord or his highness's commissioner of parliament of his majesty's kingdom of Scotland, justice general and three estates of this realm, in the parliament to be held at Edinburgh or where it shall happen our sovereign lord's commissioner, justice and three estates of the said realm to convene and meet for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his majesty's well-beloved and trusty councillor Sir Thomas Hamilton of Monkland, knight, his highness's advocate for his interest, that is to say, the said John, lord Maxwell to hear and see himself discerned by his majesty's highness commissioner, justice and three estates of Scotland to have committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, namely the loss of life, lands and goods, and likewise to have forfeited and lost the hope and appearance of succession and all other rights and commodities competent to him for the causes within specified, according to the tenor of the summons of forfeiture raised against him in all points; of the which I affixed and left a just and authentic copy upon the principal gate of the said place of Langholm, being one of the said Lord Maxwell's dwelling places as said is, after I had knocked six several knocks at the gate thereof, according to the act of parliament. This I did before these witnesses, Thomas Greenlees, trumpeter, John Dickson in Langholm, and James Chapman, my servant. And for the more verification hereto, subscribed with my hand, my signet is affixed. It is thus subscribed, John Yellowlees, Dingwall pursuivant, having the said John Yellowlees' signet or stamp affixed to each one of the said four executions.
The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of our sovereign lord's commissioner and estates of parliament, first in Latin and thereafter in Scots, the said John, lord Maxwell, being often called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reasons and causes therein contained, and he not compearing to have defended in the said matter, and to have answered to the said summons, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, desired the said estates' declaration if the reasons of the said summons were relevant against the said Lord Maxwell; the which estates found the said summons and the reasons and causes therein contained and every one of them relevant; therefore the said advocate of new for proving of the foresaid three reasons and every one of them, bearing and containing as is above-written, repeated all the depositions of the witnesses examined before the said lords of articles and lords of the secret council respectively, with diverse acts of parliament, laws and constitutions of this realm, Sir James MacConnell's conviction for breaking of ward out of the castle of Edinburgh, letters of horning against the said Lord Maxwell for non-compearance before the lords of secret council to answer for his breaking of ward out of the said castle of Edinburgh, for the burning made by him at Dalfibble and for the slaughter of the said late laird of Johnstone, with all other writs and probations produced of before this instant day by the said advocate for proving of the foresaid summons of treason and whole three reasons and causes contained therein and every one of them, and desired the said estates of parliament to advise the probations foresaid led and deduced in the said matter, and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter, the whole writs, depositions of witnesses and probations being read, seen and considered by the said whole estates of parliament, and they therewith being ripely advised, the said lord commissioner and estates of parliament find, decree and declare that the said John, lord Maxwell committed and did open and manifest treason in all the points, articles and manner contained in the said summons, and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows:
This court of parliament shows for law the said John, lord Maxwell to have committed and done all the foresaid crimes of treason and lese-majesty by himself and others of his causing, command, assistance and ratihabition against our said sovereign lord and his authority, and that he is and was guilty and partaker, art and part of the same crimes of treason in all manner at length contained in the reasons of the said summons; and therefore decrees and declares that the said John, lord Maxwell ought and should underlie and suffer the pains competent to the said crimes of treason and lese-majesty, namely the loss and confiscation of his life and all his goods, moveable and unmoveable, lands, tenements, dignities, offices, rights and all other things belonging to him, and all the said lands, rooms and all goods, moveable and unmoveable, dignities, offices, rights and all others belonging and pertaining to the said John, lord Maxwell, and which may in any way belong and pertain to him to be confiscated, to pertain to our said sovereign lord and to remain with his majesty forever in property. And this I give for doom.
[1609/4/14]*[print] [email] [cite] [preceding] [following]
And also the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, produced in presence of the said noble and mighty lord the said [George Keith], earl Marischal, commissioner foresaid, and in presence of the whole estates, likewise [he]† did diverse times of before, a summons of treason raised and pursued by our said sovereign lord and by the said advocate against Robert Logan, eldest son to the late Robert Logan of Restalrig, and his tutors and curators, if he has any, and all others having or pretending to have interest in the said matter, for their interest, to have answered to the said summons and to the crimes of treason and lese-majesty contained therein; the which summons and reasons and causes therein contained being first read in presence of the lords of articles of this present parliament, they found the same summons relevant; and thereafter this instant day the same summons of treason and reasons and causes therein contained, being read in presence of the said lord commissioner and of the whole estates of parliament, the said Robert Logan, eldest son to the said late Robert Logan of Restalrig, and his tutors and curators and all others having or pretending to have interest, being thrice called at the tolbooth window to have answered to the said summons of treason and compeared not, the said whole estates found the said summons of treason raised by our said sovereign lord and his highness's advocate against the said Robert Logan and his foresaids and the reason and cause contained th[ere]in most relevant causes of treason committed by the said late Robert Logan of Restalrig, his father, in his lifetime; and therefore the said estates all in one voice admitted the same summons of treason and reason and cause of treason contained therein to the said advocate in our sovereign lord's name, his probation, whereupon the said advocate, in name of his highness, asked acts and instruments.
And immediately thereafter the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, in his highness's name, for proving of the points of the said summons and reason and cause of treason and lese-majesty contained therein, repeated diverse missive bills, all written and subscribed by the said late laird of Restalrig, all the depositions of the witnesses examined before the lords of articles of before and before the lords of secret council, George Sprott's depositions and conviction and his execution to the death for the same cause of treason of Gowrie, together with diverse writs and other probations which were presently produced before the said estates by the said lord advocate in our sovereign lord's name for proving of the foresaid summons of treason and reason and cause of lese-majesty contained therein; of the which missive bills and depositions produced by the said advocate in our sovereign lord's name for proving of the said summons of treason and reason therein contained against the said Robert Logan and his foresaids, the tenors follows: Right honourable sir, my duty with service remembered, please you understand my lord [John Ruthven, earl of] Gowrie and some others of his lord's friends and well-wishers who tender his lord's preferment are upon the resolution you know for the revenge of that cause, and his lord has written to me regarding that purpose, whereto I will accord in case you will stand to and bear a part. And before you resolve meet me and M[aster] A[lexander] R[uthven] in the Canongate on Tuesday the next week, and be as prepared as you can, indeed M. A. R. spoke with me four or five days since, and I have promised his lord an answer within 10 days at farthest. As for the purpose how M. A. R. and I have set down the course, it will be a very easily done turn and not far by that form with the like stratagem whereof we had conference in bis[...] h[...],† but in case you and M. A. R. forgather, because he is somewhat fanciful, for God's sake be very wary with his reckless to this of Padua, for he told me one of the strangest tales of a nobleman of Padua that ever I heard in my life resembling the like purpose. I pray you, sir, think nothing although this bearer understand of it, for he is the special secretary of my life. His name is [James Bower], laird of Bowerhouse and was old [Sir George Home of] Manderston's man for dead and life and even so now for me. And for my own part he shall know of all that I do in this world so long as ever we live together, for I make him my household man. He is well worthy of credit and I recommend him to you always to the purpose. I think best for our scheme that we meet all at my house of Fast Castle, for I have concluded with M. A. R. how I think shall be fittest to be convoyed quietest in a boat by sea, at which time upon sure advertisement I shall have the place very quiet and well provided. And as I receive your answer, I will post this bearer to my lord, and I pray you as you lose your own life because it is not a matter to be taken lightly, be circumspect in all things and take no fear but all shall be well. I have no will that either my brother or yet Master W. R.,† my lord's old pedagogue, know anything of the matter until all be done that we would have done, and then I care not who get knowledge that love us. When you have read, send this my letter back again with the bearer that I may see it burnt myself, for so is the fashion in such errands, and, if you please, write your answer on the back hereof, in case you will take my word for the credit of the bearer and use all expedition, for the turn would not be long delayed. You know the king's hunting will be shortly and then shall be best time, as M. A. R. has assured me that my lord has resolved to enterprise that matter. Looking for your answer, commits you to Christ's holy protection. From Fast Castle, 18 July 1600. It is thus subscribed, yours to utter power ready, Restalrig.†
Laird Bower, I pray you haste you west to me about the errand I told you and we shall confer at length of all things. I have received a new letter from my lord Gowrie, concerning the purpose that M[aster] A[lexander], his lord's brother, spoke to me before, and I perceive I may have advantage of Dirleton in case his other matter take effect as we hope it shall. Always I beseech you be at me tomorrow evening, for I assured his lord's servant that I shall send you over the water within three days with a full resolution of all my will regarding all purposes, as I shall indeed recommend you and your trustiness to his lord as you shall find an honest recompense for your pains. In the end I care not for all the land I have in this kingdom, in case I can seize Dirleton, for I esteem it the most pleasant dwelling in Scotland. For God's cause keep all things very secret, that my lord my brother gets no knowledge of our purposes, for I'd rather be buried quick. And so looking for you, I rest until meeting. From the Canongate, 18 July.
Postscript: I am very ill at ease and therefore speed you hither. It is thus subscribed, yours to power ready, Restalrig.†
Right honourable sir, all my hearty duty with humble service remembered, since I have taken on hand to enterprise with my Lo[rd] Go[wrie], your special and only best beloved, as we have set down the scheme already, I will request you that you will be very circumspect and wise, that no man get an advantage of us. I doubt not but you know the peril to be both life, lands and honour in case the matter be not wisely used. And for my own part, I shall have a special respect to my promise that I have made to his lord and M. A., his lord's brother, although the scaffold were set up. If I cannot reach Falkland the first night, I shall be timeously in Perth the following day. Indeed, I expected for my lord himself or else M. A., his lord's brother, at my house of Fast Castle as I wrote to them both. Always I repose on your advertisement of the precise day, with credit to the bearer, for albeit he be but a silly old squint-eyed man, I will answer for him that he shall be very true. I pray you, sir, read and either burn or send again with the bearer, for I dare hazard my life and all I have else in the world on this message, I have such proof of his constant truth. So commits you to Christ's holy protection. From the Canongate, 27 July, 1600.
Postscript: I usually do not write on the back of any of my letters concerning this errand. It is thus subscribed, yours until all power with humble service ready, Restalrig.†
My lord, my most humble duty with service in most hearty manner remembered, at the receipt of your lord's letter I am so comforted especially at your lord's purpose communicated to me therein, that I can neither utter my joy nor find myself able how to encounter your lord with due thanks. Indeed, my lord, at my being last in the town M. A., your lord's brother, imparted somewhat of your lord's intention regarding that matter to me. And if I had not been busied about some turns of my own, I thought to have come over to Perth and spoken with your lord. Yet always, my lord, I beseech your lord both for the safety of your honour, credit and more than that your life, my life and the lives of many others who may perhaps innocently smart for that turn afterwards, in case it be revealed by any, and likewise the other destruction of our lands and house and extirpating of our names. Look that we be all as sure as your lord, and I myself shall be for my own part, and then I doubt not but with God's grace we shall bring our matter to an end which shall bring contentment to us all that ever wished for the revenge of the Machiavellian massacring of our dearest friends. I doubt not but M. A., your lord's brother, has informed your lord what course I laid down to bring all your lord's associates to my house of Fast Castle by sea, where I should have all materials in readiness for their safe receiving on dry land and into my house, making as it were but a manner of passing time in a boat on the sea in this fair summertime, and no other strangers to frequent my house until we had concluded on the laying of our scheme, which is already devised by M. A. and me. And I would wish that your lord would either come or send Master A. to me, and thereafter I should meet your lord in Leith or quietly in Restalrig, where we should have prepared a fine hattit kit† with sugar and sweetmeats and wine, and thereafter confer on matters. And the sooner we brought our purpose to pass, it would be better before harvest. Let not M. W. R., your old pedagogue, know of your talking together, but rather would I if I dare be so bold to entreat your lord once to come and see my own house where I have kept my lord bo.† in his greatest extremities, say the king and his council what they would. And in case God grant us happy success in this errand, I hope both to have your lord and his lord with many others of your well-wishers and his at a good dinner before I die. Always I hope that the king's buck† hunting at Falkland this year shall prepare some dainty cheer for us against that dinner the next year, jokingly to animate your lord at this time, but afterwards we shall have better occasion to make merry. I protest my lord before God I wish nothing with a better heart than to achieve to that which your lord would gladly attain to, and my continual prayer shall tend to that effect and with the large spending of my lands, goods, indeed, the hazarding of my life shall not affray me from that, although the scaffold were already set up, before I should falsify my promise to your lord, and persuade your lord thereof, I believe your lord has a proof of my constancy already or now. But my lord, whereas your lord desires in your letter that I crave my lord my brother's mind regarding this matter, I totally dissent from that that he ever should be a councillor thereto, for in good faith he will never help his friend nor hurt his foe. Your lord may confide more in this old man, the bearer hereof, my man Laird Bower, than in my brother, for I trust my life and all that I have else in his hands, and I believe he would not spare to ride to hell's gate to pleasure me and he is not beguiled of my part to him. Always, my lord, when your lord has read my letter, deliver it to the bearer again that I may see it burnt with my own eyes as I have sent your lord's letter to your lord again, for so it is the fashion. I grant and I pray your lord rest fully persuaded of me and all that I have promised, for I am resolved albeit it were to die tomorrow I may entreat your lord to dispatch Bower and give him straight direction on pain of his life, that he take never a wink of sleep until he see me again, or else he will utterly undo us. I have already sent another letter to the gentleman your lord knows, as the bearer will show your lord of his answer and forwardness with your lord, and I shall show your lord further at meeting when and where your lord shall think fittest. To which time and ever I commit your lord to the protection of the almighty God. From Gunsgreen, 29 July, 1600.
Postscript: Prays your lord hold me excused for my unseemly letter, which is not so well written as is necessary, for I dare not let any of writers know of it but took two sundry idle days to do it myself. I will never forget the good sport that M. A., your lord's brother, told me of a nobleman of Padua. It comes so often to my memory and indeed it is appropriate to this purpose we have in hand. It is thus subscribed, your lord's own sworn and bound man, to obey and serve with sincere and ever ready service to his utter power until his life's end, Restalrig.
Right honourable sir, my hearty duty remembered, you know I told you at our last meeting in the Canongate that M. A. R., my lord Gowrie's brother, had spoken with me regarding the matter of our conclusion, and for my own part I shall not be last. And since I got a letter from his lord's self for that same purpose, and upon the receipt thereof, understanding his lord's frankness and forwardness in it, God knows if my heart was not lifted 10 stages. I posted this same bearer to his lord, to whom you may entrust all your heart in that as well as I, for and it were my very soul I dare make him messenger thereof. I have fit experience of his truth in many other things: he is a silly old squint-eyed man but wonder honest. And as he has reported to me his lord's own answer, I think all matters shall be concluded at my house of Fa[st Castle], for I and M. A. R. concluded that you should come with him and his lord and only another man with you, being but only four in company, in one of the great fishing boats by sea to my house, where you shall land as safely as on Leith shore. And the house again, his lord coming, to be quiet. And when you are about half a mile from shore as it were, passing by the house, to cause set forth a signal. But for God's sake let neither any knowledge come to my lord my brother's ears, nor yet to M. W. R., my lord's old pedagogue, for my brother is sensitive to shoe behind† and dare not enterprise for fear, and the other will dissuade us from our purpose with reasons of religion which I can never abide. I think there is none of a noble heart or carries a stomach worth a penny, but they would be glad to see a contented revenge of Graysteel's† death. And the sooner the better his lord be quick and bid M. A. remember on the sport he told me of Padua, for I think with myself that the cogitation on that should stimulate his lord. And for God's cause use all your courses come discretion. Fail not, sir, to send back again this letter, for M. A. taught me that fashion that I may see it destroyed myself. So until your coming and ever commits you heartily to Christ's holy protection. From Gunsgreen, 31 July 1600. The subscription is torn from this last letter.
Follows the depositions of the witnesses produced:
Master Alexander Watson, minister at Coldingham, of the age of 50 years, married, testifies the five missive letters subscribed by the laird of Restalrig and produced in process by the lord advocate for proving of the reason of treason pursued against Robert Logan, son and apparent heir to Robert Logan of Restalrig, being shown to this witness, and he having at length sighted and considered the same, testifies that he takes upon his conscience that he verily believes that the said five missives and every one of them are verily and truly written by the said late Robert Logan of Restalrig with his own hand, and gives this reason of his knowledge, that not only he thinks that the character of every letter thereof resembles perfectly the said late Robert's handwriting in every way, but also agrees with his fashion of spelling which he has particularly remarked in every one of the said missive letters in these points following: First, that he never used to write a 'y'† in the beginning of any word, such as 'you', 'yours', 'yield', 'yes' and suchlike, but ever wrote 'y' instead of the said 'y'†; that he wrote all words beginning with 'w' with a single 'v', and when that letter 'w' fell to be in the middle or end of a word, he wrote a double 'w'; that when he wrote 'quhen', 'quhair', 'quhilk' or any such word which is usually written and spelled by others with 'quh', he wrote only 'qh', 'qhen', 'qhair' and suchlike; whenever a word began with 'con', he never wrote 'con' at length but with a 'Ø'; whenever 't' fell to be in the end of a word, he wrote it without a strike through the 't', and did the like whenever it fell in any part of a word. And for further confirmation of the premises, he produced three letters written every word and subscribed by the said late Robert Logan of Restalrig, and comparing them with the five other missives produced by the advocate, showed evidently the direct conformity of the same, as well in the character and true resemblance of the handwriting as in the spelling and writing of every written syllable and letter according to the particulars above-specified. It is thus subscribed, Master Alexander Watson.
Master Alexander Smith, minister at Chirnside, of the age of 30 years or thereby, married, testifies that he was well acquainted with the late laird of Restalrig, by reason he was pedagogue to his bairns and has seen very much of his handwriting. And having seen, read and at length considered the five missive letters produced by the advocate, and inquired if he knew the same to be the laird of Restalrig's proper handwriting, declares upon his great oath that he certainly believes the said five letters and every word thereof to be the laird of Restalrig's handwriting because he finds the character thereof to agree in every way with the shape of his ordinary writings, and remarked very particularly the manner of Restalrig's spelling of many words otherwise than other men commonly write and spell according to the whole particulars remarked of before by Master Alexander Watson, the witness immediately preceding. And in these points and all others is according to the said Master Alexander Watson's deposition in all things, given by reason of knowledge because he has perfectly acquainted with the laird of Restalrig's handwriting in his lifetime and was pedagogue to his bairns many years and in his company. It is thus subscribed, Master Alexander Smith.
Sir John Arnott [of Birswick], provost of Edinburgh, of the age of 70 years or thereby, married, testifies that he was well acquainted with Robert Logan of Restalrig and with his handwriting because he had received diverse of his letters himself, and seen many other letters written by him. And the five missives produced by the advocate being shown to him, and he having seen and considered the same, remembered that he had seen, read and perfectly considered the same of before. And after good, advised deliberation† is resolved that the said five letters are all certainly the laird of Restalrig's handwriting, as the letters written by the witness at any time are his own handwriting, and so takes on his conscience that the foresaid five missive bills produced by the advocate are the proper handwriting and subscription of the said late laird of Restalrig by his judgement. And for verification thereof, has produced four writs all written by the said late laird of Restalrig and sent to this witness and to Archibald Johnstone agreeing perfectly in spelling and character with the said missives. It is thus subscribed, Arnott.
Alexander Cook, sheriff clerk of Berwick, of the age of 50 years or thereby, married, testifies that he was well acquainted with the late laird of Restalrig and has seen many and sundry of his writs and received diverse of his letters direct to himself. And being desired to see and consider the five letters produced by the advocate and to declare whether he knew and esteemed the same to be all written by the late laird of Restalrig, testifies upon his conscience that he believes and esteems the said whole letters to be all written by the laird of Restalrig, given by reason of knowledge because not only the character agrees in every way with the shape of Restalrig's handwriting, but also the spelling in many particulars wherein Restalrig differed from other men's form of writing, and in the particulars thereof testifies according to the two first witnesses, the ministers of Coldingham and Chirnside, given by reason of knowledge to be the same. It is thus subscribed, Alexander Cook.
William Home in Ayton Mill, of the age of 33 years or thereby, married, testifies that all the five missives above-written, being shown to this witness and having at length considered every one of them, takes upon his conscience that to his knowledge that the said five missive letters are all written and subscribed by the late laird of Restalrig for the special reasons contained in the depositions made by Master Alexander Watson, Master Alexander Smith, ministers, and Alexander Cook, sheriff clerk of Berwick, to whom he is conform in all things, given by reason of knowledge to be the same. It is thus subscribed, William Home.
John Horn, notary in Eyemouth, of the age of 42 years or thereby, single, testifies the foresaid five missive bills, being at length sighted and considered by this witness, testifies and declares upon conscience to his knowledge all the said five missives are the laird of Restalrig's proper handwriting and subscription, for the reasons above-written in the deposition of William Home, given by reason of knowledge to be the same. It is thus subscribed, J. Horn.
Master William Hogg, minister at Ayton, of the age of 30 years or thereby, married, testifies that he knew well the laird of Restalrig and has seen of his writs, and produced a letter written by Restalrig to the laird of Ayton all written with Restalrig's own handwriting. And having considered the five writs produced by the advocate, declares that he thinks them likely to his writs and that the same appear to be very like his writing by the conformity of letters and spelling. It is thus subscribed, Master William Hogg.
At Edinburgh, 12 August 1608
George Sprott, notary in Eyemouth, being brought to the scaffold and place of execution, he, in public audience of the whole people at the four corners of the scaffold, ratified his former depositions regarding his knowledge and concealing of Restalrig's guiltiness of Gowrie's treason, for the which he craved God's and his majesty's humble forgiveness, being most sorry and grieved that he had offended God and the king's majesty in concealing such a wild, detestable and unnatural treason enterprised by the Earl of Gowrie and laird of Restalrig against his natural king, so good and so godly a prince who has ever been so gracious to his subjects and to this whole island, protesting that if he had a thousand lives to render and were able to suffer ten thousand deaths, it is not sufficient satisfaction and recompense for his so foul and horrible offence, and that God had preserved him from many great perils when his life was in extreme danger to bring him to this public declaration of that detestable and horrible fact in testifying of the truth, as he said publicly in presence of all the people in these words following, 'To my own shame, the shame of the devil and the glory of God, for satisfying of the consciences of all those (if any be) that have or can make any doubt of the truth of this so clear a matter'. And he acknowledges that his frequenting with Restalrig, who was a man without religion and subject to many other vices, and his obtruding of himself in these matters after the first sight of Restalrig's letter written to Gowrie, and his continual bearing of company with Restalrig and Laird Bower who were irreligious and without fear of God, brought him from one end to another and consequently upon this grief, for the which most justly, worthily and willingly he is now to render his life. And he desired all the people to be wary of evil company and namely of the company of those who are void of religion. And he desired that this his declaration might be inserted in his process, as also he desired the ministers of God's word to publish this his declaration to their flocks from their pulpits and took every one of them who were present by the hand with their promise to do the same, saying to them that this was the most glorious day that ever his eyes did see. And with these words he prostrates himself and falls upon his knees in presence of the whole people, and made a very pithy prayer, beginning in this form as follows: 'O Father, how should I call thee Father that am so unworthy to be called thy son. I have wandered astray like a lost sheep, and thou of thy mercy has brought me home to thee and has preserved my life from many dangers to this day, that I might revile these high and secret mysteries to my own shame and thy glory. And thou has promised that whatsoever a sinner from his heart will repent and call to thee with unfeigned repentance, that thou will hear him and give him mercy'. And so he continued a good space in a most fervent prayer, to the great admiration and rejoicing of all the people, and in a better form and manner than any of all the beholders and hearers can be able to set down in writing, the same not being written in the present time because there was no place of writing upon the scaffold in respect of the crowd and multitude of the people. And going up the ladder he desired liberty to sing the sixth psalm and requested the people to accompany him in singing thereof, which being granted and he being at the ladder head, the same was taken up and sung by himself with a very loud and mighty voice, and was assisted with above the number of 500 persons, who, with tears, accompanied him in singing of that song. After the ending thereof, he repeated and ratified his said former deposition, and with that, recommending his soul to God, he was cast over and so ended his mortal life. In witness whereof, we under-subscribers who, for the most part, were all of us upon the scaffold with him and remained with him to the time of his death, and others of us in so convenient places near to the scaffold that we did hear all that was spoken by him, have subscribed this statement with our hands. It is thus subscribed, [John Spottiswood, archbishop of] Glasgow, [Gavin Hamilton], b[ishop of] Galloway, M[aster] [Andrew Lamb], b[ishop of] Brechin, [Michael Balfour, lord] Balfour of Burleigh, [John Bothwell, lord] Holyroodhouse, John Preston [of Penicuik, collector], clerk register,† P[eter] Sharp, Master P[atrick] Galloway, John Hall, Walter Balcanquall, Master P[eter] Hewitt, Master H[enry] Blyth, Charles Lumsden, Richard Dobie, bailie of Edinburgh, William Speir, bailie, James Ainslie, bailie of Edinburgh.
The which missive bills and whole depositions above-written and other writs and probations produced now presently by the said lord advocate, he repeated for proving of the said summons of treason and cause therein contained and renounced further probation, and thereupon the said advocate asked instruments. And likewise, the said lord advocate produced in presence of the said commissioner and whole estates of parliament our sovereign lord's letters of relaxation, bearing the said Robert Logan, eldest son to the said Robert Logan, sometime of Restalrig, to be relaxed by Robert Logan, messenger, from the process of all hornings at the market crosses of Haddington, Duns and Greenlaw upon 7 and 8 April respectively, 1609, and at the market cross of Edinburgh by John Moncur, messenger, upon 11 April the year of God foresaid, as at more length is contained in the said letters of relaxation of the date 6 March last, and registered in the clerk of register's book 11 April 1609. Upon the production of the which letter of relaxation, the said advocate likewise asked instruments, and desired the whole estates to consider of the said probations produced and repeated by him, and to advise the said process of forfeiture and to give forth their decreet therein according thereto.
And also the said Sir Thomas Hamilton of Binning, knight, his highness's advocate, after that he had repeated and produced all his probations to the said whole estates, which he would use for proving of the points of the said summons and reasons and causes therein contained, he reproduced the said summons of treason before the said whole estates, raised and pursued at the instance of our said sovereign lord and his highness's advocate against the said Robert Logan and his tutors and curators and all others having or pretending to have interest, whereby they were summoned to compear before our sovereign lord and his estates of parliament at a certain day bygone, with continuation of days, to have heard and seen it be found that the said late Robert Logan of Restalrig committed treason and lese-majesty in his lifetime, and to hear and see his fame, name and posterity abolished, and to have answered to the whole points and crimes of treason and lese-majesty contained in the said summons, of the which summons of treason 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, Marchmont, Islay, Ross, Rothesay, Albany and Snowdon, heralds, David Bryson, Alexander Douglas, James Chalmers and Master William Stewart, macers, Ormond, Bute, Unicorn and Carrick pursuivants, messengers, and any of them, jointly and severally, our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Robert Logan, first born son and heir apparent of the late Robert Logan of Restalrig, in person if you can have his presence in person, but if not at his domicile and place of dwelling, and also the said Robert Logan, his tutors and procurators, if has any, and all others who have or claim an interest, at the market crosses of our burghs of Edinburgh, Haddington, Duns, Greenlaw and any other necessary places, in such a way that this kind of summons is likely to be able to come to their notice, that they should compear before us, or our commissioner and justice and also the estates of our realm of Scotland in our parliament in Edinburgh or where we or our commissioner and justice and the said estates of the realm happen to meet, to be held on 12 April next, at the hour of hearing cases, with continuation of days, in order to answer to us or our justice and also and at the instance of our beloved and loyal councillor Sir Thomas Hamilton of Binning, our advocate, for our interest. This is for seeing and hearing, by us or by the decreet and sentence of our commissioner of justice and of the three estates of our realm, that it has been decreed that the said late Robert Logan of Restalrig has in his lifetime committed the undernoted crimes of lese-majesty, that he was a conscious participant in them, approved of them and concealed them, and that thus his memory is damned and all his goods, movable and immovable, and all other rights which relate to him within our said realm are confiscated by us, and ought to remain with us in perpetuity in the manner set out below, for the following causes and reasons. When the late James, former earl of Gowrie and the late Master Alexander Ruthven and his brother, not provoked by any injury, but bound to us by many great kindnesses, in July or thereabouts in the year of the Lord 1600, ungratefully, cruelly, nefariously and treasonably conspired towards our murder, and deliberating about companions and allies for their plot and part, considered no one more appropriate or ready than the said late Robert Logan of Restalrig to undertake or perpetrate such a monstrous crime. Therefore the said late John, formerly earl of Gowrie, sent his brother the said late Master Alexander Ruthven to the said late Robert Logan of Restalrig both to inform him of the plan for the said horrendous deed and the intended sequence of its execution, and also to encourage him to help them with his planning and assistance in the perpetration of such an unspeakable crime. The said late Master Alexander met the said late Robert Logan of Restalrig by chance in the Canongate and revealed to him the whole sequence of the treason, and the said late Robert Logan, with his natural and inveterate propensity for all crimes, declared that conspiracy to be so welcome to him that, after exchange of oaths, and after discussions with the said late Master Alexander on this subject in the said month of July, they put in place eventually the whole sequence of carrying out the crime. In that cruel and most criminal intention the said late Robert Logan of Restalrig not only persisted pertinaciously and treasonably, but sent frequent messengers and letters to the late Earl of Gowrie by the late James Bower of Bowerhouse (also known as Laird Bower). When he received these letters from the late earl on this subject, he replied and encouraged the said late John, formerly earl of Gowrie to persist strenuously with the prosecution and perpetration of the foresaid crime. He promised his castle of Fast Castle, well fortified by nature and by art, as a safe refuge ready prepared for the conspirators after the treasonable completion of the crime, if the said late earl, accompanied by three or four companions, were to wish to take refuge there in a fishing boat. Although the late Robert Logan suppressed our name and express mention of our murder in the said letters (as usually happens with such foul acts of treason), he expressed this so clearly and transparently, taking account of the time and circumstances of the deed in the said letters, that nothing could be clearer or more manifest, when at length on 5 August in the year of the Lord 1600, which they had planned to be the day of our murder, the said late John, formerly earl of Gowrie fraudulently and nefariously sent to us at Falkland his said late brother Master Alexander Ruthven and enticed us to Perth to a secluded room. The said late Master Alexander kept away our noblemen and domestics (who had followed us there, few and unarmed, abandoning the hunt planned for that day), and there tried strenuously to bring force treasonably to our life. With the divine power on our side, even though destitute of arms and any human aid, we repulsed for a long time this atrocious violence, until our servants, who were waiting in the town square nearby for us to leave the town, were attracted by our shouts, and by the wonderful providence of God Master John Ramsay, viscount of Haddington, ran forward and, noticing the said late Master Alexander trying to overpower us, drew his dagger, stabbed him in the chest and forced him to flee. Lord Thomas Erskine, viscount of Fenton, with his outstanding loyalty to us, rushed to bring help to us in the said crisis, and killed the said Master Alexander with lethal wounds. When the said late John, formerly earl of Gowrie forcefully rushed, accompanied by many co-conspirators to complete the crime they had undertaken, the said viscounts of Haddington and Fenton tried to stop him, and at great risk to their lives repelled the danger to us and protected our life, taking honourable wounds in the process. Eventually the said viscount of Haddington fiercely and fortunately pierced with his sword the heart of the late earl, breathing as it did treason and avidly hungry for our blood. Although we did not know that the said late Robert Logan of Restalrig was guilty of this treason, nevertheless he, damned by his own guilty conscience, and always fearing lest the said late James Bower, party to the said conspiracy, would expose the entire business, frequently had discussions with the said James so that he would bind himself by an oath to keep the plot secret. Eventually he was told by the said late James that the late George Sprott, a notary in Eyemouth, had seen letters written by the late Robert to the said late Earl of Gowrie on that subject at Gunsgreen before they had been sealed a few days before the crime was perpetrated. After the discovery of the plot (because the said late James Bower, totally ignorant of letters, used the help of the said late George in reading all the letters sent to or pertaining to him, and he (George) had happened to see at the said James Bower's house these letters from the said late Robert regarding that plot), hence after he had collected them to deliver them to the said late Earl of Gowrie, the said late James Bower held on to them, and thus had a complete record of the plot, and understood that the said late Robert was aware and a participant. The said late Robert Logan of Restalrig most diligently bargained with them both and persuaded them with many gifts to each, to conceal the said plot for ever and bound them not to reveal it in his lifetime. That horrendous crime of treason of the said Robert was not detected until the said late George Sprott - inspired by divine power, as it appeared - to vindicate our good name from the calumnies of the dishonest, on his own account, exposed the foresaid treasonable conspiracy and the guilt of the said late Robert Logan by many most constant confessions. He produced the letters which he had received delivered by the said late James Bower, and by a pious and penitent death, on account of such a horrendous crime concealed for so long, happily confirmed this. The said late Robert Logan of Restalrig was in his lifetime art and part, aware of and a participant in this cruel, nefarious and treasonable crime of lese-majesty, and it was perpetrated by his persuasion, encouragement, planning and help, and the said late Robert treasonably concealed the said most dastardly crime of majesty to the death and in death. Hence the said Robert Logan, son and heir apparent of the said late Robert Logan of Restalrig, and his tutors and curators, if he has any, and all others having or claiming an interest, are, for seeing and hearing that it is decreed that the name, memory and dignity of the said late Robert Logan of Restalrig is and shall be annulled, his arms and insignia are deleted from the book of arms and nobility and cancelled, so that his descendants are henceforth in perpetuity unable and incapable of possessing and enjoying the offices, honours, dignities, lands, tenements, properties, rents, possessions and all goods, movable and immovable, and other things in this our realm of Scotland. All his goods, lands, properties, tenements and any other goods, movable and immovable, and all rights relating to the said late Robert Logan of Restalrig or which pertained, related or could in any way have pertained to him after his initiation of the plot of his criminal faction and treasonable crime as mentioned above, are confiscated by us and pertain to us and remain in perpetuity in our possession. It is intimated to the said Robert Logan, son and heir apparent of the said late Robert Logan of Restalrig, and his tutors and curators, if he has any, and to others who have or claim an interest, that whether they have compeared on the said day and in the said place, with continuation of days, or not, we and our commissioner and our said justice and the said estates of our realm of Scotland shall proceed in regard to the foregoing, in line with justice, in our forementioned parliament. Further, you are to summon them to compear in our said parliament on the said day and in the said place, with continuation of days, before us or our justice and commissioner to demonstrate loyal testimony in relation to the foregoing, under pain of the law. Also, you who shall hand over our foresaid letter for execution shall be there, bearing with you proof of the said summons and yourselves as witnesses. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally, by the wording of the present document. Given under testimony of our great seal, at Edinburgh on 15 February in the year of the Lord 1609, and in the forty-second and sixth years of our reigns.
Follows the executions of the said summons: Upon 16 February 1609, I, John Blindseil, Islay herald, passed at command of these our sovereign lord's letters and summons of forfeiture within written, given under the testimonial of his majesty's great seal, to the market cross of the burgh of Edinburgh, and there, by open proclamation, after three sounds of trumpet with his master's coat of arms displayed upon me and reading the summons within specified, lawfully and peremptorily summoned, warned and charged Robert Logan, eldest son and apparent heir of the late Robert Logan of Restalrig, his father, and his tutors and curators, if he has any, for their interest, and all others having or pretending to have interest in the matter within expressed, to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates thereof, in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's well-beloved and trusty councillor Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord for his highness's interest, that is to say the said Robert Logan, his tutors and curators and all others having or pretending to have interest, to hear and see it be found and declared by his majesty, his said commissioner, justice and three estates foresaid that the said late Robert Logan of Restalrig, his father, committed the crime of treason and lese-majesty within written, and therefore to have incurred the punishment due for that at length specified and set down in the summons of forfeiture within rehearsed after the form and tenor thereof in all points, of the which summons I affixed a just and authentic copy upon the said market cross before these witnesses: Andrew Fyne, trumpeter in Edinburgh, Archibald Bald and John Moncur, messengers, indwellers in Edinburgh. And for the more verification to this my execution, subscribed with my hand, my signet is affixed hereto. On the day written below: John Blindseil, Islay herald.
Upon this 21 February, the year of God above-written, I, the said John Blindseil, Islay herald, passed at command of the said summons of forfeiture to the market crosses respectively of Greenlaw and Duns and there, by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the said summons, lawfully and peremptorily summoned, warned and charged the said Robert Logan, eldest son and apparent heir of the said late Robert Logan of Restalrig, and his tutors and curators, if he has any, for their interest, and all others having or pretending to have interest in the matter within rehearsed, to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, the justice general and three estates of the said kingdom in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, the said 12 April next in the hour of cause, with continuation of days, to the effect and for the crimes at length contained in the said summons of forfeiture raised against them after the form and tenor thereof in all points, whereof I affixed and left a just and authentic copy upon each one of the said market crosses of Duns and Greenlaw. This I did before these witnesses respectively: Andrew Fyne, trumpeter in Edinburgh, Andrew Watt, postmaster there, and Alexander Cumming there. And for the more verification of this my execution, subscribed with my hand, my signet is hereto affixed. It is thus subscribed, John Blindseil, Islay herald.
Upon 22 February the year of God above-written, I, the said John Blindseil, Islay herald, passed at command of the said summons of forfeiture and, by virtue thereof, with his majesty's coat of arms displayed upon me, lawfully and peremptorily summoned, warned and charged the said Robert Logan, eldest son and apparent heir of the said late Robert Logan of Restalrig, his father, personally apprehended at the place of Fairneyside, and delivered to him a just and authentic copy of the said summons of forfeiture to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates thereof in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's trusty and well-beloved councillor Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord for his highness's interest; that is to say, the said Robert Logan and his tutors and curators and all others having or pretending to have interest to hear and see it be found and declared by his majesty, his said commissioner, justice and three estates foresaid that the said late Robert Logan of Restalrig, his father, committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto, at length specified in the said summons after the form and tenor thereof in all points. This I did before these witnesses: Andrew Fyne, trumpeter in Edinburgh, Andrew Watt, postmaster there, and Alexander Cumming there. And for the more verification of this my execution, subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Islay herald.
Upon 23 February 1609, I, the said John Blindseil, Islay herald, passed at command of the said summons of forfeiture to the market cross of the burgh of Haddington and there, by open proclamation, after three sounds of trumpet with his majesty's coat of arms displayed upon me and reading of the said summons of forfeiture, lawfully and peremptorily summoned, warned and charged Robert Logan, eldest son and apparent heir to the late Robert Logan of Restalrig, his father, and his tutors and curators, if he has any, for their interest, and all others having or pretending to have interest in the matter within expressed, to compear before our sovereign lord or his majesty's commissioner of parliament of his highness's realm of Scotland, justice general and three estates thereof, in the parliament to be held at Edinburgh or where it shall happen them to convene for the time, 12 April next in the hour of cause, with continuation of days, to answer to his majesty's justice, and also at the instance of his highness's trusty and well-beloved councillor, Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord for his highness's interest, that is to say, the said Robert Logan and his tutors and curators and all others having or pretending to have interest to hear and see it be found and declared by his majesty, his said commissioner and justice and three estates foresaid that the said late Robert Logan of Restalrig, his father, committed the crimes of treason and lese-majesty within written, and to have incurred the punishment due thereto at length specified and set down in the summons of forfeiture within rehearsed after the form and tenor thereof in all points; of the which summons I affixed a just and authentic copy upon the said market cross. This I did before these witnesses: Andrew Fyne, trumpeter in Edinburgh, Andrew Watt, common postmaster there, and Alexander Cumming there. And for the more verification of this my execution, subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Islay herald, having his signet affixed to the said whole executions.
The which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty's commissioner and estates of parliament, first in Latin and thereafter in Scots, the said Robert Logan, being often called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons of treason and reasons and causes therein contained, and he not compearing to have defended in the said matter and to have answered to the said summons, the said Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, desired the said estates' declaration if the reasons of the said summons were relevant: the which estates found the said summons and reason and cause therein contained relevant; therefore the said advocate of new, for proving of the foresaid summons of treason raised against the said Robert Logan, bearing and containing as is above-written, repeated all the foresaid missive bills and the said depositions of the said witnesses examined before the said lords of articles and lords of secret council respectively, George Sprott's depositions and conviction and his execution to the death for the same cause of treason, with the whole other writs and probations produced and repeated by him of before for proving of the foresaid summons of treason and reason therein contained, and desired the said estates of parliament yet as of before to advise the probations foresaid led and deduced in the said matter and to pronounce their sentence of parliament therein, according to the same probations and their consciences. And thereafter the whole depositions of the witnesses, missive bills and whole writs and probations being read, seen and considered by the foresaid whole estates of parliament, and they therewith being ripely advised, the said lord commissioner and estates of parliament find, decree and declare that the said late Robert Logan of Restalrig committed and did in his lifetime open and manifest treason in all the points, articles and manner contained in the said summons; and therefore it was given for doom by the mouth of David Lindsay, dempster of parliament, in manner and form as follows:
This court of parliament shows for law that the said late Robert Logan of Restalrig in his lifetime committed the foresaid crime of treason and lese-majesty, and that he was art and part, guilty and partaker thereof against our said sovereign lord and his authority royal, and that the foresaid cruel, wicked and treasonable crimes were enterprised by his causing, persuasion, council and help, likewise the said late Robert Logan of Restalrig treasonably concealed the foresaid crime of lese-majesty to his death and in his death in all manner at length contained in the said summons; and therefore decrees and declares the name, memory and dignity of the said late Robert Logan of Restalrig to be extinct and abolished and his arms cancelled, torn and deleted out of the books of arms and nobility so that his posterity shall be excluded and be unable to possess or enjoy any offices, honours, dignities, lands, tenements, rooms, rents, possessions or goods, moveable or unmoveable, rights and others whatsoever within this kingdom in all time coming, and that all the said goods, lands, rooms, tenements and other goods, moveable and unmoveable, rights and others whatsoever pertaining to the said late Robert Logan of Restalrig or which might in any way have pertained to him at any time since his conspiring of the said treasonable crimes to be escheat and forfeited to our said sovereign lord, to appertain and to remain perpetually with his majesty in property. And this I give for doom.
[1609/4/15]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord and estates of this present parliament, considering that one of the great causes which has procured the growth and increase of papists within this kingdom has proceeded from the small care and regard that has been had of the education and upbringing of the youth, who being sent out of the realm to places of contrary profession and not being first well grounded in religion and accompanied with pedagogues scarce well affected to religion, they do often return back so possessed with superstition and heretical errors as they may be justly suspected for dangerous subjects in the estate; for preventing of which growth and increase of defection from the true faith by the occasion foresaid, our said sovereign lord and estates foresaid ordain that all such noblemen and others who hereafter shall direct any pedagogues with their sons out of the country shall be held by virtue of this present act to have a sufficient testimonial of the bishop of the diocese where the said pedagogue for the most part lately made his residence, testifying and approving the said pedagogue to be godly and of good religion, learned and instructed in the same. And if any nobleman or other shall happen to send any pedagogue with their sons out of the country without testimonial and approbation of the bishop in manner above-written, in that case our said sovereign lord and estates foresaid declare, statute and ordain that every such nobleman and others according to their several degrees and ranks shall incur the pains particularly underwritten, namely: every earl, £5,000; every lord, 5,000 merks; and every baron, 3,000 merks, which sums shall be intromitted with and uplifted of them by his majesty's treasurer and his depute to his highness's use, providing in case it shall happen the bishop of that diocese to refuse to grant testimonial to the pedagogue upon the premises, the said bishop thereafter being lawfully summoned to compear before the lords of his highness's secret council to answer to that complaint and show not a reasonable cause of that his refusal, then and in that case it shall be lawful to the lords of secret council to† the foresaid pedagogue to the effect above-written.
[1609/4/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain the noblemen, barons and others to have a special care and to give order and direction that the remainder of their sons out of the country shall be in places where religion is professed or at the least where there is no restraint of the same by the cruelty of inquisition, and that during the time of their absence they shall not frequent any idolatrous exercise of religion, and such persons as have not the means to maintain with their sons a pedagogue shall send them to such places where religion is professed; and in case their sons after their departure out of the country shall haunt the exercise of contrary religion, our said sovereign lord and estates foresaid ordain that their parents or such others as have the charge of them shall be forced to find caution acted in the books of secret council under such pains as shall be modified, that they shall not supply, entertain nor furnish them with anything necessary or comfortable to them after that it [be]† known that their sons are become papists and practice idolatry contrary to the religion presently professed within Scotland, except their reasonable expenses in recalling and bringing them to this realm of Scotland.
[1609/4/17]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that whereas there are diverse persons who are excommunicated for not conforming themselves to the true religion presently professed and do notwithstanding still enjoy the possession of their lands, rents and living, either directly in their own persons or covertly in the persons of their friends and well wishers, to their use and benefit, to the encouraging of them to persist in their pernicious and erroneous opinions and to the frustrating of the execution of the acts and constitutions made against excommunicates heretofore; therefore our said sovereign lord and estates foresaid declare, statute and ordain that no persons whatsoever who are already or hereafter shall happen to be excommunicated for not conforming themselves to the religion presently professed within this kingdom shall be suffered either directly in their own persons or covertly and indirectly by any others in their names and to their benefit enjoy the possession of their lands, rents and revenues, but the same shall be meddled, intromitted with and uplifted to his majesty's use.
[1609/4/18]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that to the effect every man's affection and disposition in his religion may be clearly and sufficiently known, therefore our said sovereign lord and estates foresaid statute and ordain that every archbishop and bishop within the bounds of his diocese shall once every year give up to the treasurer, comptroller, collector and their deputes, and to the director of our sovereign lord's chancellery, a roll subscribed with his hand, containing the names of all such persons within his diocese who are excommunicated for religion; and ordain the said treasurer and his deputes that they receive no resignations nor grant confirmations nor infeftments to or [in]† favour of any of the persons whose names shall be contained in the said roll, and that the director of the chancellery and his deputes give out no brieves, receive no retours nor direct any precept upon retours nor upon comprisings in favour of any of the said persons whose names shall be inserted in the said roll at any time thereafter, until the said person or persons produce to the said treasurer, comptroller, director of the chancellery and their deputes a sufficient testimonial subscribed by the said archbishop or bishop testifying their relaxation from the said excommunication and their obedience and satisfaction to the kirk as the said treasurer, director of the chancellery and their deputes will be answerable to his majesty upon the duty of their office. And likewise our said sovereign lord and estates foresaid declare that it shall be lawful to all lords of regalities and to all superiors whatsoever within this kingdom to refuse brieves and precepts of clare constat in favour of any person or persons whose names shall be inserted in the said roll, as also to refuse the entry of tenants upon comprising whose names are inserted in the same roll.
[1609/4/19]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the impunity of Jesuits, seminary priests and other papists, adversaries to the true religion professed within this realm, and their resetters in times bygone have been the cause as well of their increase as of their insolence in all the parts of this realm, and that the same has proceeded partly upon the negligent execution of the acts of parliament made against the said papists, Jesuits and seminary priests and their resetters, and partly upon some obscurity of words in the said acts; therefore our said sovereign lord and estates foresaid, most willing to have the said acts put to due execution in all points and papistry and superstition utterly suppressed according to the intention of the same, have ratified, approved and confirmed and, by the tenor of this present act, ratify, approve and confirm all and whatsoever acts of parliament either made in his highness's minority and less age, or else since his acceptance of the government in his own person, against Jesuits, seminary priests, papists, sayers and hearers of mass and resetters of the said persons or any of them, and decree and ordain the same to have full strength, force and effect and to be put to due execution in all time coming, with these explanations after following: that the said acts made against sayers and hearers of mass shall be put to due execution and be extended to all hearers and sayers of mass without any exception or restriction, as likewise that all acts made of before against the resetters of the said persons have their full force, strength and effect, and to be put to due execution against the said resetters after lawful intimation and denunciation be made of the said persons, which denunciation and intimation his highness and the estates foresaid declare to be sufficient to cause the said resetters of the said papists, Jesuits, seminary priests and others contained in the said acts incur the pains therein contained if the same be made at the head burgh of the shire where the said persons remain and at the market cross of Edinburgh, without any further intimation to be relating thereto; after the which denunciation and intimation to be made as said is, our said sovereign lord and estates foresaid declare that whosoever thereafter shall wittingly and willingly reset any of the said persons, either privately or publicly, that the said resetters shall incur the pains contained in the said acts, they being lawfully convicted thereof, and that the act made in his highness's first parliament, bearing that none that profess not the true religion presently professed within this realm may be judge, procurator or member of court, be extended to all and whatsoever offices without any exception or restriction in all time coming. And for the better execution of the said acts, our said sovereign lord and estates foresaid command and ordain all archbishops, bishops and presbyters to call before them the said papists, Jesuits, seminary priests and their resetters, every one within their own bounds, and to take trial and cognition if they have contravened the said acts or any part thereof, and according as they find after due trial and probation, that they report the same to his highness's advocate and secret council, to the effect they may be called and convened before them and punished according to the said acts in all points.
[1609/4/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that in all well governed republics the jurisdiction civil and ecclesiastic are several, distinct and diverse jurisdictions which ought to be administrated by the persons to whom the same properly belongs, and according to his highness's most loving and princely affection borne always to the Christian reformed church within this realm, being most willing that the said church should possess and enjoy their liberties, privileges, freedom and jurisdiction granted to them by his majesty (from whom only their temporal jurisdiction does flow), and in that regard belonging to them as being one of the estates of parliament most necessary to be maintained for giving of their advice, counsel and assistance in all his majesty's great and weighty affairs, has, with express advice and consent of the estates, restored the archbishops and bishops of this realm to their former authority, dignity, prerogative, privileges and jurisdictions lawfully pertaining and shall be known to pertain to them (always flowing from his majesty as well as any other ordinary jurisdiction does), and specially to the jurisdiction of commissariats and administration of justice by their commissioners and deputes in all spiritual and ecclesiastical causes controverted between any persons dwelling within the bounds and diocese of their prelacies and bishoprics; with full power to the said archbishops, bishops and their successors in all time hereafter to nominate and create sufficient wise, discreet and learned men best acquainted with the law and practice of this realm, to serve and administrate justice in the said places of judicatory, to constitute clerks and all other under-officers so often as the same shall fall vacant by demission, decease, deprivation or otherwise, and to provide others in their places with as great freedom and liberty as any archbishops or bishops in this realm formerly have done, which commissaries to be nominated and treated by them shall judge and decide in all causes belonging to their judicatory and wherein the commissaries presently in office are in use to decide, keeping the same style and form which is presently observed and that manner of proceeding which shall be prescribed and enjoined to them by special injunctions without any alteration of the present laws or introduction of new and uncouth practices upon the subjects and lieges, and shall have power of confirmation of testaments, every one of them within their own bounds, the quots thereof to be paid to the archbishops, bishops, their chamberlains, factors and under-receivers appointed by them; for the better effectuating whereof, his majesty and estates of parliament ordain letters of horning to be given and granted by the lords of session in that same very sort that the commissaries present have it for execution of all their sentences and decreets which shall happen to be pronounced by them, and compelling of persons to enter and confirm the testaments of their defuncts in the very same manner that formerly has been done. And for maintaining of all things in better order and the restraining of unlawful deforcements too frequently practised within this realm, to the high dishonour of God and slander of true religion, his majesty, with advice and consent foresaid, has statute and ordained that in the burgh of Edinburgh there shall be resident always four commissaries, two to be nominated and appointed by the archbishop of St Andrews and two by the archbishop of Glasgow, who shall have the only power to decide in all causes of divorcement, as likewise shall have power of reduction of all decreets pronounced by any other commissaries to the hurt and prejudice of any of the lieges, before whom it shall be only lawful to intend and pursue reductions of inferior commissaries, their sentences and decreets in the first instance. And in case the said commissaries to be appointed by the archbishops of St Andrews and Glasgow as said is perform not their duty, the lords of session shall have power to try, examine and determine in the same, and shall judge upon all decreets and sentences alleged to be wrongfully pronounced by them, and that because they are his majesty's great consistory, to whom his highness, with advice of the said estates, gives and grants a high and supreme commission for all such causes to judge and determine of them in such case; and declares that it shall be lawful to the said lords of council and session to advocate causes to themselves from any of the commissaries upon just and lawful complaints made to them by any of the subjects and not otherwise, providing always that the said session shall ever be ready to give an account to his majesty that their advocations have been grounded upon probable and lawful grounds for the well of the subjects. And that this foresaid act may be put in present effect, his majesty, with advice foresaid, declares all former erections of commissariats to be suppressed and extinct from thenceforth and forever all constitutions [that]† have been in former time of the same, in whatsoever part of the realm the same have been erected and by whatsoever manner the same have proceeded, acts of parliament, secret council and others made relating thereto; and in like manner discharges and annuls all presentations, gifts or dispositions made by his highness to the commissaries present or to any other concerning the said commissariats and all rights acquired by them by decease, demission or howsoever the same has fallen vacant, and all gifts and dispositions made in favour of their clerks and members of court by whatsoever manner or order the same has proceeded, with this provision always: that the commissaries presently in office, with clerks and other members of court who shall be authorised with testimonial of the lords of session of their sufficiency and qualification to their several places and offices, shall possess and enjoy the same, they always receiving a new presentation and gift of their offices from the archbishops and bishops of their diocese where they serve between now and 1 December next; otherwise if in case the said commissaries and other members of court do not produce the foresaid testimonial from the lords of session as said is, it shall be lawful to the archbishops and bishops to provide other sufficient persons to the said places, the restitution of the said jurisdiction always to be with express reservation of his highness and his successors, their prerogative and supremacy in all causes, ecclesiastical and civil, within this realm. Providing always that this present act shall in no way be hurtful nor prejudicial to the heritable right of the commissariat within the bounds of Argyll pertaining to Archibald [Campbell], now earl of Argyll, but the same to stand in the same force, strength and effect as it was before this present act and notwithstanding thereof or any clause therein contained as by law.
[1609/4/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that by commission in the parliament held at Edinburgh, 11 August 1607, his majesty and estates thereof elected, nominated and chose Alexander [Seton], earl of Dunfermline, chancellor, Patrick [Lyon], earl of Kinghorn and Mark [Kerr], earl of Lothian to be of the quorum for setting down of his majesty's blench duties and modifying of ministers' stipends of all erections and patronages, according to a former commission made by his majesty and estates in the parliament held at Perth in the month of July 1606, in the which first parliament the late Master James Nicolson, thereafter bishop of Dunkeld, was nominated and elected one of the commissioners for modifying of the ministers' stipends, and that since the said late Mark, earl of Lothian and James, bishop of Dunkeld are departed this life, therefore our said sovereign lord and estates of this present parliament, to the effect that their deaths be no hindrance nor impediment to the progress of that work, have nominated, elected and chosen and, by the tenor hereof, nominate, elect and choose Robert, earl of Lothian to be of the quorum in place of the said late Mark, earl of Lothian, his father, according to the said last commission in the parliament held at Edinburgh, the said 11 August 1607, and Gavin, bishop of Galloway commissioner in place of the said late Master James Nicolson, bishop of Dunkeld, one of the commissioners in the said first commission made in the said parliament in July 1606 for modifying of ministers' stipends, according to the tenor of the same commission, and ordain the said Robert, earl of Lothian, in place of the said late Mark, earl of Lothian, his father, and the said Bishop of Galloway in place of the said Bishop of Dunkeld, to meet and convene with the remaining commissioners nominated in the foresaid two commissions according to the tenors thereof in all points.
[1609/4/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having consideration of the manifold good, true and thankful services done to his majesty by his well-beloved Sir James Murray of Cockpool, knight, and by the late Charles Murray of Cockpool, his father, have ratified and approved and, by the tenor hereof, ratify and approve the infeftment made, given and granted by his majesty under his highness's great seal of the date 12 March 1605, to the said late Charles Murray of Cockpool and his male heirs whatsoever bearing the surname and arms of Murray, of all and sundry the lands and others underwritten, namely: the lands of Cockpool, Ruthwell tenement, the tower and fortalice of Comlongon, Cocklicks, Phyllis, Slachwatt, Ranpatrick, Brydekirk, Priestdykes, Howaldsyd, with the pertinents, lying in the stewartry of Annandale and sheriffdom of Dumfries, the lands of Link and lands of Arbigland, with their pertinents, lying within the stewartry of Kirkcudbright, with all their mills, multures, tenants, tenancies and service of free tenants, advocation and donation of kirks and chaplainries thereof and all their pertinents, all united, annexed, treated and incorporated in a whole and free barony called the barony of Cockpool; containing also therein an erection and creation of the town of Ruthwell and lands thereof lying in the said Ruthwell tenement in a free burgh of barony, to be called in all time coming the burgh of Ruthwell, with weekly market days and free fairs and all other immunities, privileges and liberties of a free burgh of barony in all and sundry points, heads, articles, clauses, conditions and circumstances whatsoever specified and contained therein. And his majesty and estates foresaid of this present parliament will, grant, declare, statute and ordain that the said Sir James Murray, now of Cockpool, knight, son and heir of the said late Charles Murray of Cockpool, and his male heirs and successors, shall peaceably possess, hold, and enjoy all and sundry the foresaid lands and barony and others above-expressed with their pertinents, together with the foresaid burgh of barony called the burgh of Ruthwell, with all privileges and immunities thereof, as their property and heritage at their pleasure, after the form and tenor of the said infeftment granted to the said late Charles Murray of Cockpool and his heirs foresaid of the same perpetually in all time coming, without stop or impediment.
[1609/4/23]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having consideration of the manifold good, true and thankful services done to his majesty by his well-beloved Sir James Murray of Cockpool, knight, have ratified and approved and, by the tenor hereof, ratify and approve the infeftment made and granted by his majesty under his great seal of the date 30 January 1607, with advice and consent of [David Murray, lord Scone], his highness's comptroller, to the said Sir James, his male heirs and assignees whatsoever, of all and whole the salmon fishing and other fish within the water of Annan between the march of Brydekirk and the foot of the said water of Annan, running in the water of Solway under Barnkirk, comprehending the garths† and pools underwritten, namely: the King's Garths, Black Pool, Pool under Gallobank, Brigpool and Motepool, together with all other garths, pools, holds, lakes and nets within the bounds foresaid, lying within the stewartry of Annandale and sheriffdom of Dumfries, and also of all and whole the salmon fishing and other white fish of the scars and coups of Cummertrees between the burn called the Meirbruk of Newbie, running in the said water of Solway, and the scar called the Brewing Scar pertaining to [James Douglas], lord Torthorwald, comprehending the scars underwritten, namely: the Hall Garth Scar, Little Hall Scar, Duchall Scar, Pow Scar, New Scar and Wat Scar, with all other scars, draughts, holds, lakes and nets within the bounds above-written, lying within the parish of Cummertrees and stewartry foresaid of Annandale, with all and sundry other parts, pendicles, privileges, commodities, easements and righteous pertinents whatsoever pertaining and belonging to the said fishings, in all and sundry points, heads, articles, clauses, conditions and circumstances, whatsoever specified and contained therein. And his majesty and estates foresaid of this present parliament will, grant, declare, statute and ordain that the said Sir James Murray of Cockpool, knight, and his male heirs and successors shall peaceably possess, hold and enjoy the said fishings with all and sundry privileges, commodities, easements and righteous pertinents whatsoever pertaining and belonging thereto as their heritage at their pleasure, after the form and tenor of the said infeftment granted to the said Sir James and his heirs foresaid of the same perpetually in all time coming, without stop or impediment.
[1609/4/24]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, for the good, faithful and most acceptable services evidently done at diverse times to his highness's honour by his right trusty cousin and familiar councillor George, earl of Dunbar, lord Home of Berwick etc., in the administration of justice by repressing and punishment of notorious proud malefactors within the bounds of the late borders of both the realms, according to his majesty's warrant and commission directed and given relating thereto, whereby great peace and tranquillity has ensued to the evident well of his majesty's crown and royal estate and to the common wealth of all his highness's good subjects of the whole realm of Great Britain, therefore his majesty, after God's advice, mature deliberation, consent, decreet and approbation of the whole estates of his grace's kingdom of Scotland convened in parliament, upon their certain knowledge and competent sure experience of the premises, ordains a charter of confirmation to be made under his majesty's great seal in the main form ratifying, approving and for his highness and his successors perpetually confirming, likewise by this ratification, for his majesty and his successors, with advice and deliberation foresaid, and also with express consent of George [Gledstanes], archbishop of St Andrews, personally compearing in parliament, ratifies, approves and perpetually confirms a charter of pure alienation and new disposition therein mentioned, containing precept of sasines made and granted by the said George, archbishop of St Andrews, with consent and assent of the chapter of the metropolitan kirk thereof, to the said George, earl of Dunbar, his heirs and assignees heritably, of all and whole the lands of Broxmouth, with mansion, manor place, houses, orchards, yards, dovecots, mills, greens, links, parts, pendicles and all their pertinents lying in the parish of Dunbar within the sheriffdom of Edinburgh and constabulary of Haddington, bounded at length in the said infeftment, to be held of the said Archbishop of St Andrews and his successors in free blench for yearly payment of 20s usual Scots money at two usual terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, in name of annualrent blench ferm only, as the same dated 21 December 1608 bears, and the instrument of sasine passed upon the said charter and all other titles and rights and securities whatsoever following and depending on the same in all and sundry points, clauses, articles and conditions whatsoever therein expressed, holding them all and every one of them as herein specially word by word engrossed. Moreover, his majesty, with consent, decreet and approbation foresaid, gifts, grants and conveys to the said George, earl of Dunbar, his heirs and assignees all right, title, interest, claim, petitioner and possessor, both property and possession, which his highness, his predecessors and successors ever had or may have to the said lands of Broxmouth, with all their pertinents or any part of the same by reason of ward, relief, non-entries, escheat, forfeiture, recognition, purpresture, disclamation, reduction of infeftments, alienation of the whole or most part, changing and alteration of the holding which his majesty has done and ratified of his royal power and princely authority or for any other cause, action or occasion passed, renouncing and transferring the same, with all action and instance thereof, to and in favour of the said earl, his heirs and assignees for ever, with an agreement not to petition etc., with supplement of all faults etc., promising in the word of a prince, for his majesty and his successors, never to move action, litigation, question nor quarrel against them relating thereto. And his majesty and estates foresaid declare this act shall be a sufficient warrant to the keepers of his highness's signet, seals and registers for completing the said confirmation to the said Earl of Dunbar. Given at the manor of Greenwich, 11 [June 1609], and at Edinburgh, 24 June 1609.
[1609/4/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the charter and infeftment granted by our sovereign lord under his highness's great seal to his majesty's beloved Sir James Douglas of Spott, knight, and his male heirs, of tailzie and provision contained in his former infeftment of the lands of Spott, and to the said Sir James's assignees whatsoever heritably, of all and whole the lands of Easter Spott, with parts, pendicles and pertinents thereof, namely: of the 14 husband lands of the town of Spott, with cottage thereof, east and west mill of Spott, the lands of Lochhouse, the lands of Doon, and mains thereof, and Brownisknow, the lands of Helden and Downtey, the lands of Easter and Wester Browniehouse, together with four husband lands called Panflos lands and two husband lands called Pookis lands lying in the town and territory of Spott, and also of the lands of Reidpethnuk with tenants, tenancies and service of free tenants, mills, woods, fishings, annexes, connexes, parts, pendicles, dependencies and pertinents of all and sundry the lands and mills above-written whatsoever lying within the sheriffdom of Edinburgh and constabulary of Haddington, all united in a whole and free barony called the barony of Spott, to be held of our said sovereign lord and his successors in free blench for the yearly payment of the sum of 12d usual money of this realm of Scotland at the feast of Whitsunday [May/June] upon the ground of the said lands of Spott and within the manor place thereof in name of blench ferm, if it be required, only, which charter and infeftment is of the date at Edinburgh, 9 August 1605, with the precept and instrument of sasine following thereupon in all and sundry points, passages, heads, articles, clauses, provisions, circumstances and conditions whatsoever therein contained after the forms and tenors thereof; and will and grant and, for his majesty and his successors, decree and ordain that this present ratification is and shall be as valid, effectual and sufficient to the said Sir James Douglas of Spott, knight, his male heirs, of tailzie, provision and assignees foresaid for possessing and enjoying of the lands, barony and others above-written, with the pertinents above-specified as their heritage at their pleasure in all time coming, as if the foresaid charter and infeftment, precept and instrument of sasine following thereupon were at length and word by word engrossed herein; excepting and reserving always out of this present ratification the advocation, donation and right of patronage of the parsonage and vicarage of Spott called the prebendary of Spott, and the said estates of this present parliament declare that this present ratification of the said Sir James Douglas of Spott's infeftment shall in no way authorise nor corroborate the same infeftment so far as the same infeftment extends, or may be extended, to the advocation and donation of the patronage of the said parsonage and vicarage of Spott and prebendary thereof.
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Forasmuch as amongst the infinite monuments and testimonies of his majesty's true piety, singular wisdom, sincere zeal to justice and fatherly care of his people, the estates of this kingdom have not found any bringing more deserved commendation and permanent renown to his majesty or greater profit, quietness and comfort to his subjects, nor his constant perseverance in his most religious and prudent resolution to extirpate the ungodly, barbarous and brutal custom of deadly feuds, which by the inveterate abuse of many past ages was become so frequent in this realm as the subjects of greatest rank and quality, upon every wicked occasion of base and unworthy controversies of neighbourhood for turf, fold dykes, furrows or marches of lands, foolish words or drunken discords between their meanest servants and dependents and any other in the country, did so readily embrace the protection of their unjust and unnecessary quarrels as did many times involve themselves and their whole friendship in most bloody and mortal troubles, which they did prosecute with such malice and cruelty as to the extreme peril of their soul's infamy, of their memorial and overthrow of their own and their adversary's houses, did distract the kingdom in opposite factions and many times furnished matter of most pernicious, seditious and civil wars, the inconveniences whereof being manifestly seen and sensibly felt, both by the princes and people of this realm, in many past ages, and earnestly sought to have been removed, yet the corruption was so universal that the greatest part prevailing against the best that cruel barbarity has both continuance and daily increases until his majesty, bending the excellent wisdom and rare graces of his royal mind (wherewith God has attributed him more abundantly than any king that ever did reign in this island) against that godless, unnatural and beastly custom, did devise and establish a most godly, just and prudent law and ordinance for the course to be observed for removing upon equitable and just conditions the deadly feuds, which then stood in great number between the most powerful subjects in this kingdom and their kinsmen, assisters and partakers, in the execution whereof, God having miraculously assisted his majesty's most holy and just intention after exceedingly great care and pains taken by his majesty in trial of all the original causes of the said discords, the true circumstances of the injuries and losses sustained by other party and in prescribing due satisfaction to be indifferently made for redress of all past harms and wrongs, his majesty's admirable constancy has so overcome all difficulties that the whole known feuds within the kingdom being now removed by perfect reconciliation and just contentment of all parties having interest therein, his majesty's whole subjects find such joy and happiness in the sweet fruits of his wisdom and providence expressed in that case that they earnestly wish that his majesty, who has so carefully exterminated that abominable pest of deadly feuds, may in his singular wisdom find means forever to prevent the reviving of that monster; wherein his majesty, considering that nothing gave so great growth and strength to that past barbarity as the sloth of magistrates in not suppressing the first feuds of these dissentions, which being small and weak in the beginning, for peats, turf, divots, fold dykes, poindings, neighbourly marches, injurious words or small brawls, were then easy to be settled if diligence and authority had been joined for repressing thereof, which being neglected by those to whom it appertained, these minor disputes and insolencies did very often kindle such flames of disorder, dissention, rancour and feud as in many years with great streams of blood, desolation and ruin of great and ancient houses and races could hardly be quenched; for remedy whereof, his majesty and estates foresaid ratify and approve the former act made by his highness for abolishing of deadly feuds in every head, clause and article thereof, and further statute and ordain that in every shire within this kingdom there shall be yearly appointed by his majesty some godly, wise and virtuous gentlemen of good quality, means and report making residence within the same in such number as the bounds of the shire shall require to be commissioners for keeping his majesty's peace, to whom his majesty, with advice of the lords of his privy council, shall give power and commission to oversee, try and prevent all such occasions as may breed trouble and violence amongst his majesty's subjects or forcible contempt of his majesty's authority and breach of his peace, and to command all persons in whom they shall see manifest intention to make trouble or disorder, either by gathering together of idle and disorderly persons or by public bearing or wearing of pistols or other forbidden weapons and such other riotous and swaggering behaviour, to bind themselves and find caution under competent pains to observe his majesty's peace and for their compearance before his majesty's justice or lords of privy council to underlie such order as shall be found convenient for punishing of their transgressions or staying of troubles and enormities; and if need shall be to require the dutiful and obedient subjects of the shire to concur with them in preventing all such contempts and violence, or for taking and warding of the wilful and disobedient authors, committers and fosterers of these crimes and disorders, under such competent arbitrary pains as his majesty and lords of his privy council shall appoint for the offenders and such of the country as being required shall not give their ready and sincere concurrence to his majesty's commissioners in the premises, whereby the ordinary magistrates and officers within the shires may be the better assisted, and their absence, employments or other impediments more commodiously supplied, without derogation of their jurisdiction or want of ready comfort and justice to the obedient subjects within the bounds thereof, ordaining also the said commissioners to give true advertisement and information to the lords of his majesty's privy council, justice general and his deputes, his majesty's treasurer and other magistrates and officers whom it pertains, of the names of such faithful and unsuspected witnesses and assizers to be summoned in all crimes and disorders which shall happen to fall forth within the said shires as shall be known to be most fit and able for trial and probation of the same, and for eschewing that such as are either aged, sickly or unable to travel or ignorant of the facts to be tried be not unjustly vexed or unnecessarily drawn from their own houses and affairs for matters whereof they are not able to give any light.
[1609/4/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, finding by daily experiences that the greatness of his majesty's empire, magnificence of his court, fame of his wisdom and justice and of the civility of his subjects has begun already to allure diverse foreign princes and other strangers of all estates to make more frequent repair to his country than ever they did in any preceding age, which resort of strangers will by all appearance both continue and daily more and more increase, and by them no doubt report will go through all the world of the estate and government of the kingdom according to the order which they shall see observed within the same, whereof the rules and good example flowing from the estates of parliament and magistrates to the whole remaining subjects of the realm it is most necessary that such gravity and comeliness be used by the lords and commissioners of parliament and other magistrates in their apparel and behaviour as may best deserve the good report and true commendation of all princes, noblemen and other strangers who shall have occasion to see and relate the same, the respect whereof having induced his majesty to prescribe to the nobility apparel for the parliament becoming their honourable estate; and understanding that the remaining members of that high court have not reformed themselves to the like conveniency, neither yet that the course intended by his majesty for discharging noblemen and gentlemen to be elected provosts and magistrates of burghs (whereof none should be capable but burgesses, actual traffickers and inhabitants of the said burghs) has taken such effect, as is most necessary for preservation of the liberties and good estate of the said burghs and hindering the dissipation of their common good and perverting of their privileges, for remedy whereof his majesty, with advice of the estates of his highness's parliament, statutes and ordains that no man shall in any time coming be capable of provostry or magistracy within any burgh of this realm, nor to be elected to any of the said offices within a burgh, but merchants and actual traffickers inhabiting within the said burghs only and no others, and that the said magistrates of burghs to be hereafter elected and their commissioners of parliament shall have and wear at parliaments, conventions and other solemn times and meetings when the dignity shall require it such comely and decent apparel as his majesty shall prescribe convenient for their rank and estate, whereby they may be determined from other common burgesses and be more reverenced by the people subject to their charge. And because a comely, decent and orderly habit and apparel in the judges of the land is not only an ornament to themselves (being a badge and mark for distinguishing them from the vulgar sort), but the same also breeds in common people that reverence and regard that is due and proper for men in those places, and this being a custom universally observed almost through all Europe, the want whereof is greatly censured by strangers resorting in these places, the said estates therefore upon infinite proofs they have of his majesty's most singular wisdom in all his directions and of his gracious love and affection to this his native kingdom, have in all humility referred to his highness's own appointment the assigning of any such several sort of habit and vestment as shall be in his majesty's judgement most fit and proper as well for the lords of session, being the supreme judges in civil actions, as for all other inferior judges of the like causes, as also for the criminal and ecclesiastical judges and for advocates, lawyers and all others living by law and practice thereof, that so every one of these people may be known and distinguished in their place, calling and function and may be accordingly regarded and respected. Moreover, his majesty and estates foresaid, considering what slander and contempt has arisen to the ecclesiastical estate of this kingdom by the occasion of the light and improper apparel used by some of that profession and chiefly those having vote in parliament, it is therefore statute that every preacher of God's word shall hereafter wear black, grave and comely apparel beseeming men of their estate and condition, as likewise that all priors, abbots and prelates having vote in parliament, and specially bishops, shall wear grave and decent apparel agreeable to their function, and as appertains men of their rank, dignity and place. And because the whole estates humbly and thankfully acknowledges that God of his great mercy has made the people and subjects of this country so happy as to have a king reign over us who is most godly, wise and religious, hating all erroneous and vain superstition, just of government and of long experience, therein knowing better than any king living what appertains and is convenient for every estate in their behaviour and duty, therefore it is agreed and consented by the said estates that whatever order his majesty in his great wisdom shall think fit to prescribe for the apparel of kirkmen agreeable to their estate and means, the same being sent in writing by his majesty to his clerk register, shall be a sufficient warrant to him for inserting thereof in the books of parliament, to have the strength and effect of an act thereof, with executorials of horning to be directed thereupon against such persons as within the space of 40 days after the publication and intimation to them of the said act or charges used against them thereupon shall not provide themselves of the apparel to be appointed by his majesty for men of their vocation and estate, to be used and worn by them and their successors at the times and in manner to be expressed in the said act to be made by his highness relating thereto.
[1609/4/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, foreseeing that there is nothing so necessary for the perpetual well and quietness of all his subjects of this monarchy as the furtherance and accomplishment of the union of his two famous and most ancient kingdoms of Scotland and England, whereof his majesty, out of his fatherly care of the peace and happiness of his good and faithful people, having most instantly and earnestly solicited the perfection and by the worthiest members of both kingdoms so effectually advanced the same, as he hopes (God willing) in his reign to see the wished end of that great work which in his royal person has received so miraculous and happy a beginning, and nevertheless finding therein such malicious impediments as the devil and his adherents do usually suggest to the hindrance of all just and godly enterprises, specially by false and calumnious brutes' speeches and writings craftily uttered and dispersed by some lawless and false people of this realm, as well in private conferences as in their meetings at taverns, ale houses and plays, and by their pasquils, libels, rhymes, satires, comedies and likewise occasions whereby they slander, malign and revile the people, estate and country of England, and diverse his majesty's honourable councillors, magistrates and worthy subjects of that his majesty's kingdom, the continuance whereof, being able to incense the people of England to just grief and discontent, may not only hinder the intended union of all the good subjects of this monarchy, but stir up in them such irreconcilable evil will as with time might bring forth most dangerous and harmful effects; for remedy and preventing whereof his majesty, remembering how strict and severe punishment has by the laws and actions of his most noble progenitors, kings of this realm heretofore, been ordained to be inflicted upon such as should devise or utter false and slanderous speeches and writs to make dissentions between the prince and his subjects or raise sedition in the realm, and considering that all such purposes and writs as may breed disliking between the inhabitants of the said kingdoms of Scotland and England, being now all become his majesty's liege people, equally subject and equally beloved of his highness, tend to most dangerous dissension and sedition amongst his subjects, therefore his majesty, with advice and consent of the whole estates of this parliament, statutes and ordains that whosoever shall hereafter by word or writing devise, utter or publish any false, slanderous or reproachful speeches or writs of the estate, people or country of England or of any councillor thereof, tending to the remembrance of the ancient grudges borne in time [of]† past troubles (the occasion whereof is now happily abolished by the blessed conjunction of the said kingdoms under his majesty's sovereignty and obedience), or to the hindrance of the wished accomplishment of the perfect union of the said kingdoms, or to the slander or reproach of the estate, people or country of England, or dishonour or prejudice of any councillor of the said kingdom, whereby hatred may be fostered or maintained, or misliking raised between his majesty's faithful subjects of this isle, the authors of such seditious, slanderous and injurious speeches or writs or dispersers thereof, after trial taken of their offence either before his majesty's justice or the lords of his highness's privy council, shall be severely punished in their persons and goods by imprisonment, banishment, fining or more rigorous corporal pain as the quality of the offence shall be found to merit at his majesty's pleasure, and all such as hearing and getting knowledge of any such speeches or writs shall conceal the same and not reveal them to his majesty's ordinary officers, magistrates or councillors, whereby the authors and dispersers thereof may be punished, shall underlie the like trial and pain.
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Forasmuch as the king's majesty is resolved to purge the middle shires of this isle, heretofore called the borders of Scotland and England, of that barbarous cruelty, wickedness and incivility which by inveterate custom almost was become natural to many of the inhabitants thereof, and to reduce them to the knowledge, love and fear of God, reverence of his majesty's authority, obedience of his laws and duty to their neighbours, for accomplishing of that most royal design made choice [of one]† to be commissioner in these bounds whom by many assured proofs, former employments of greatest consequence, his majesty knew [to]† be attributed with all qualities necessary for so weighty a charge, who following precisely the rules of his majesty's most prudent directions and using all possible diligence and dexterity in prosecution thereof, made so happy progress in that good course as justly punishing the most perverse and rebellious ring leaders (whose amendment was desperate) and transporting others of them out of this isle, the rest were brought to very settled quietness and obedience of his majesty's laws, a very few number of outlaws only excepted, who being so earnestly searched and perceived in these bounds as all hope of escaping and longer impunity was taken from them, they have by most subtle and crafty means by changing their names and dissembling the place of their nativity convoyed themselves in the inland of this realm and insinuated themselves in service with noblemen and others of good quality, not only thereby eschewing their deserved punishment, but also abusing and harming his majesty's good subjects by their hidden thefts in the inland, transported, reset and quietly sold in the bounds of the late borders, and again stealing gear forth thereof and out of the bounds of these middle shires and outing and selling the same in the inland, beside that others of the said outlaws had been allured and had reset and oversight in the inland by some men of rank and power, to be instruments and executors of such revenge and mischief against those to whom they bear malice, grudge or quarrel, which for fear of his majesty's laws and authority they dare not attempt by themselves; for remedy whereof, his majesty, with advice and consent of the estates of parliament, statutes and ordains that no man shall hereafter either receive or retain any man born or long inhabited in the late borders in his service or company or upon his lands unless he have certain knowledge or a true and authentic testimonial of his majesty's great commissioner of the late borders or his deputes of the said border man's true name and surname, place of his nativity and report of his truth and loyalty, and that he is no known malefactor but reputed a dutiful and obedient subject, under the pain to incur the danger and to be made answerable, civilly and criminally, to his majesty and all his lawful subjects for all actions and crimes which might be in any way laid to the charge of the said broken men for any cause or occasion either preceding or during the time of their receiving or retaining them in their service, company or upon their lands as if the resetter had committed the said faults themselves. As likewise, because some who are not known to have committed any heinous offence in their own person obtaining testimonial of their name, birth and good report may give the same to broken men to be used by them in places where they are not known, it is statute and ordained that whosoever shall either give his testimonial to any man whereby it may be abused by another than him to whom it was truly granted, or who shall falsely use another man's testimonial or who shall forge to himself or use a false testimonial in the premises, shall be punished to the death. And to the effect his majesty's faithful and obedient subjects may have the better knowledge of the said fugitives and broken men, and that such as reset them may want all pretext and excuse of ignorance, it is statute and ordained that a roll shall be made by his majesty's great commissioner of the said middle shires containing the names of the said rebels, fugitives, outlaws and broken men, with the most notorious and evident marks and description of their age, stature, colour and other tokens whereby they may be most easily and readily known, and being imprinted shall be sent to the sheriffs and magistrates of the inland and proclaimed at the market crosses of the head burghs of the shires and other places needful, and thereafter be publicly affixed upon the said crosses or tolbooths of the said burghs, after which publication it is statute that the contraveners of this act or any head or article thereof shall be rigorously punished in their persons and goods in manner foresaid.
[1609/4/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having for just and necessary respects concerning the preservation of this estate and chief members thereof restored the bishops, being now the only remainder of the kirk estate having vote in parliament, to their livings, jurisdiction and place, and finding by experience that they will be altogether unable worthily to discharge their duties in that honourable rank unless they be provided of sufficient maintenance, not only for bearing of the private charges of their families but also to sustain the great burden of their weighty employments at parliaments, conventions and other public affairs concerning his majesty's service and general well of the country, have earnestly dealt with the lords of his majesty's council and session to consent that the quots of the whole testaments within this kingdom which did justly pertain to the said session by lawful gifts and dispositions thereof granted to them by his majesty and his predecessors, and ratified in parliament, might be conveyed to the said bishops, every one of them within their own diocese, and be possessed by them in time coming, whereunto the said lords of session, preferring their affection and zeal in every way to grant satisfaction to his majesty to their own profit and present surety, have most humbly yielded. And his majesty, being always of mind and intention to remunerate his said faithful, trusty and obedient councillors and their successors for their willing obedience to his majesty's desire in demission and renunciation of the said quot silver, they being the only ordinary supreme judges of this realm for administration of justice and maintenance of policy and peace within the same, which necessarily requires their daily and continual presence and attendance, [preferring]† the public good and well of the realm in the administration of justice indifferently to his majesty's lieges to their own private and domestic affairs, and in the meantime are forced to spend their own patrimony and rent in the said public well of the realm; and his majesty, having now by his special instructions proposed to the said estates of parliament the said great and faithful services done to his highness and for the common welfare of the realm of Scotland, in particular by his said trusty and familiar councillors, the said senators and lords of his highness's college of justice, in yielding and granting to his highness's special desire to surrender from them and give over the said quot silver of the testaments, being the most and best part of their patrimony, to and in favour of the said archbishops and bishops of this realm for the help and supply of their estate as is before said; and the said estates of this present parliament, having thereupon taken full trial and verification, they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be and to have been great, evident, reasonable and profitable causes for the well of his majesty and of the said realm of Scotland. As also his highness and estates foresaid find, decree and declare that his majesty, with their advice and consent, may for the said evident, profitable and reasonable causes which they have tried and known to be for the evident well of his majesty and realm as said is, give, assign or convey any part of the patrimony of his majesty's annexed property of the crown to the said ordinary lords and senators of the said college of justice and their successor senators of the college of justice in recompense to them of the said quots of testaments surrendered by them and given over at his majesty's desire and command to and in favour of the said estates of bishops, and that in such manner, form and sure conditions as his majesty best pleases for their security; and to that effect that the annexation of these parts of the said patrimony of the crown that are to be assigned and conveyed to the said lords and ordinary senators of the said college of justice and their successor senators shall be simply dissolved from the crown so that they may be given, assigned and conveyed to the said ordinary lords and senators of the said college of justice and their successor senators perpetually in all time coming, and the said estates, being ripely and gravely advised what his majesty may give and convey to the said lords and senators and their successors with the least detriment to his highness's crown and yearly rent, the said estates all in one voice have found and declared and, by the tenor hereof, find and declare that the customs of this his highness's realm of Scotland, annexed to the crown, may with the least detriment to his majesty or hurt to the rent or revenue of the crown, for the evident causes above-expressed, be given, assigned and conveyed by his majesty to the said ordinary lords and senators of his highness's college of justice and their successor senators in most ample form; and to that effect, his majesty and estates foresaid of parliament dissolve, annul and infringe the annexation of the customs of this realm of Scotland to the crown from the said crown and patrimony thereof, in so far as the same may be extended to the sum of £10,000 of the first, readiest, most sure and best payment of the said customs only. And now, after the said dissolution, his majesty and estates foresaid of this present parliament have given, granted, assigned and conveyed and by the tenor hereof, for the evident causes foresaid, give, grant, assign and convey to the said ordinary lords and senators of his highness's college of justice and their successors, possessing the ordinary places of the said judicatory and college of justice perpetually in all time coming, all and whole the sum of £10,000 usual money of Scotland in recompense to them of the said quot silver of testaments given over by them at his majesty's desire for the support of the said estate of bishops, to be taken up, uplifted and received by them and their collectors to be appointed by them in their names yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by even portions, out of the readiest and best payment of his majesty's customs of the said realm of Scotland or any part thereof from his majesty's comptrollers, tacksmen, possessors and intromitters with the said customs, and others due in payment thereof, now present and that shall happen to be for the time, to be distributed amongst them in such form as heretofore they were accustomed in dividing of the said quot silver, beginning the first term's payment at the said feast and term of Martinmas next in this instant year of God 1609, and so forth yearly and termly thereafter at the terms foresaid perpetually in all time coming, charging therefore the said comptroller and tacksmen, possessors and intromitters with the said customs of the said realm of Scotland or any part thereof, and others due in payment of the same, now present and that shall happen to be for the time, to readily answer, content, obey and make thankful payment of the foresaid yearly sum of £10,000 yearly money foresaid to the said ordinary lords, senators of the said college of justice and their successors and their collectors in their names, out of the readiest and best payment of the said customs, and that they be preferred in payment thereof to all and whatsoever other person or persons pretending right to the said customs or to any part thereof by pension, assignation, gift or other right or disposition whatsoever, beginning the first term's payment of the same at the said feast and term of Martinmas next, and so forth yearly and termly thereafter at the terms foresaid perpetually in all time coming, which shall be thankfully allowed to the payers, they taking the said lords', senators' or collectors' acquittances and discharges to show upon account for their warrant in the exchequer. And also his majesty and estates foresaid of this present parliament command the lords auditors of the exchequer, present and to come, to allow to the payers of the said sum of £10,000 yearly and termly in the first end of their account upon the sight of the said lords' and senators' or their said collectors' acquittance upon the payment thereof, this act being always shown and produced in exchequer. And also his majesty and estates foresaid of this present parliament decree and ordain [Sir James Hay of Kingask], his majesty's comptroller present, and his successors comptrollers for the time, as likewise the tacksmen of the said customs present and to come and intromitters therewith and due in payment thereof, to become acted themselves and to send sufficient caution and guarantee acted in the books of council and session for thankful payment of the foresaid sum of £10,000 to the said ordinary lords and senators of the said college of justice and their successors yearly and termly at the terms foresaid in all time coming, and at the decease or demission of the said comptroller or tacksmen that the new entrants shall become acted to the effect foresaid of new, and that caution be found by the said comptroller and tacksmen at the setting of the said tacks to the effect foresaid, otherwise the said tacks to be null and the nullity thereof to be decided by way of exception or action at their pleasure; and that letters and executorials of horning simply may be directed upon a simple charge of 10 days against them by deliverance of the said lords and senators of the college of justice for payment of the foresaid sum of £10,000 yearly and termly at the terms foresaid. And his majesty and estates foresaid decree and ordain that no suspension shall be granted for suspending of the said letters at the instance of whatsoever party or person due in payment of the foresaid sum in any time coming, for whatsoever cause or reason, by the lords of parliament nor by the lords of exchequer or other judges whatsoever, except upon consignation of the sums wherewith they are charged or upon the production of sufficient acquittances of the payment thereof, and that the said ordinary lords and senators of the said college of justice are and shall be only judges ordinary for discussing of the said suspensions, discharging all other judges whatsoever of all granting of suspensions in any cause concerning the premises and discussing of the same by any manner of way and of their offices in that part forever. And to the foresaid disposition and assignation of the foresaid sum of £10,000 to be paid yearly and termly out of his highness's customs foresaid, first, readiest and best payment of the same to the said ordinary lords and senators of the said college of justice and their successors foresaid, perpetually in all time coming as is above-expressed, his majesty and estates foresaid of parliament have interposed and interpose their consent and authority as that deed which shall be now and in all time coming esteemed and judged for the well of our sovereign lord and for the common welfare and estate of the realm of Scotland. And his majesty, for his highness and his successors, promises in the first word never to impugn nor quarrel the same, nor come in the contrary hereof directly nor indirectly in any time coming.
[1609/4/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, being most desirous that all the vacant kirks within his kingdom may be planted with qualified and worthy men, and that those who are already provided to benefices lawfully vacant at the time of their provision and who have obtained decreet according thereto, with lawful and peaceable possession following thereupon, may be maintained therein, and specially that the restitution of forfeited persons pretending themselves patrons of benefices, either by his majesty's gracious favour, pardon or rehabilitation or by reduction of their forfeitures, shall not be the occasion to subvert the estate of those who obtained lawful provision of any of the said benefices by presentation or gift of the king's majesty or others to whom his majesty conveyed the right of patronage thereof during the forfeiture standing of the other pretended patron, whose crime could neither be any reason to make the vacant benefice not to be conveyed, neither should his restitution or reduction be an occasion to trouble the titular thereof, seeing the sleight or negligence of a lawful patron and faithful subject not presenting within six months to the vacant benefice whereof he is patron makes him for that time to lose his right of patronage, which, by right of devolution falling to the kirk, the person provided by them has undoubted right thereto during his lifetime; and therefore his majesty, with the advice and consent of the estates of parliament, statutes and ordains that all those who are either already provided or shall hereafter be provided by his majesty to any of the said benefices whereof the patronage is fallen to his highness by forfeiture, or by any other to whom his majesty has conveyed the right of patronage of any such benefice, and by virtue thereof have obtained letters according to their provision, with lawful and peaceable possession of the fruits thereof by the space of diverse years, that all such persons shall be maintained in their said right and possession of the said benefices and fruits thereof during their lifetime and shall in no way be quarrelled, troubled nor molested by the said forfeited persons or their heirs, successors or posterity, being rehabilitated, restored or their forfeitures reduced, nor by no other persons having right, disposition or presentation from them, but that the said beneficed persons during the said forfeiture, and by virtue thereof become in possession of the said benefices in manner above-written, shall peaceably enjoy, hold and possess the same benefices, whole fruits, rents, rights, commodities and privileges thereof as freely, peaceably and righteously as if the said patrons had never been forfeited and had lawfully presented themselves, without prejudice to the said patrons being restored and their heirs and successors to recover their right of patronage of the said benefices and to use and exercise the same by due and timeous presentation of able and qualified persons to the said benefices whereof they are patrons whensoever they shall become vacant by demission or decease of the present titulars and no otherwise.
[1609/4/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and perpetually confirm the act of secret council made in the month of June or thereby 1603, and proclamation following thereupon, commanding the vagabonds, sorners and common thieves commonly called Egyptians to pass out of this kingdom and remain perpetually forth thereof and never to return within the same under the pain of death, and that the same have force and execution after 1 August next, after the which time if any of the said vagabonds called Egyptians, as well women as men, shall be found within this kingdom or any part thereof, it shall be permissible to all his majesty's subjects, or any one of them, to cause take, apprehend, imprison and execute to death the said Egyptians, either men or women, as common, notorious and condemned thieves, by an assize only, to be tried that they are called, known, reputed and held Egyptians, in the which cause whosoever of the assize happens to challenge† any of the foresaid Egyptians accused as said is shall be pursued, handled and censured as committers of wilful error; and whosoever shall at any time thereafter reset, receive, supply or entertain any of the said Egyptians, either men or women, shall lose their escheat and be warded at the judge's will, and that the sheriffs and magistrates in whose bounds they shall publicly and avowedly resort and remain be called before the lords of his highness's secret council and severely censured and punished for their negligence in execution of this act, discharging all letters, protections and warrants whatsoever purchased by the said Egyptians or any of them from his majesty or lords of secret council for their remaining within this realm, as surreptitiously and deceitfully obtained by their knowledge, annulling all such warrants purchased or hereafter to be purchased by any subject of whatsoever rank within this kingdom for their reset, entertaining or doing of any manner of favour to the said Egyptians at any time after the said 1 August next for now and ever.
[1609/4/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the commission given upon 4 April 1603 by his majesty to the lords of his majesty's secret council to receive resignations of land held of his majesty and give infeftments thereupon, and decree and declare all and whatsoever resignations made since the date of the said commission according thereto in the hands of the lords of his highness's privy council, and all infeftments proceeding thereupon, orderly passed his highness's cachet, registers and ordinary seals, together with all confirmations granted by his majesty's ordinary officers of infeftments of any lands pertaining to his majesty's faithful subjects, which confirmations are likewise lawfully and orderly passed his majesty's cachet and remnant seals and ordinary registers, together with all and sundry infeftments and confirmations to be hereafter passed and complete upon the like resignations in the hands of the lords of his majesty secret council and orderly passed through his majesty's seals and registers, to have been and to be now and in all time coming as lawful, valid and sufficient in judgement and outwith as if the said resignations had been made in his highness's own hands and had been received by his highness, and as if the signatures of the infeftments following thereupon and of the said confirmations had been signed and subscribed with his own royal hand.
[1609/4/34]*[print] [email] [cite] [preceding] [following]
Forasmuch as by the act of parliament made at Perth in the month of July 1606, it was then statute and ordained in all time coming that all decreets given by sheriffs, commissaries, bailies of regalities, bailies of bailiaries and stewartries, should pass and have execution of horning upon 10 days' warning, as at more length is contained in the said act, wherein there was the time of the passing thereof omitted and not expressed therein the decreets to be given by the admiral of this realm and his deputes, which being a sovereign judicatory in itself and of its own nature importing summary execution, our sovereign lord and estates presently convened, in consideration that the insufficiency, corruption and defects which were in the deputes and members of those courts in former times, and whereby those judicatories were thought not worthy of that favour is now remedied and well amended by the planting of able, worthy and sufficient men in their places, have enacted, statute and ordained that also execution of horning pass upon all decreets to be given by the said great admiral and his deputes in time coming as upon any of the said sheriffs', commissaries' or other inferior judges' decreets according to the said act of parliament made relating thereto of before.
[1609/4/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering perfectly that there is nothing more needful for the advancement of God's honour within this realm and establishing of justice and peace in the parts sometime called the borders than the planting of kirks for preaching of the word and ministration of the sacraments, which [...] the reformation of the religion has never been in the most of these parts, and therewith understanding by the report of the right reverend father in God John [Spottiswood], archbishop of Glasgow, who had special commission from his majesty and lords of his highness's council to visit the said bounds and take order for building and repairing of the kirks within the same, that the poverty of the inhabitants in these parts is so great that it is impossible that the said kirks can either be repaired or yet be sufficiently planted with ministers in regard of the means of the parishes unless certain of the said kirks lying next adjacent to others be united and annexed together, which also may very commodiously be done, as by special sight of the said bounds in the said visitation has appeared; therefore his majesty and estates ordain and statute an union to be of the kirks and parishes after following: that is to say, the kirks of Meikle Dalton, Little Dalton and Mouswald, the said three kirks to be united in one, the place of resorting for hearing of the word and ministration of the sacraments to be at Little Dalton; the kirks of Cummertrees and Trailtrow, the place of resort to be Cummertrees; the kirks of Redkirk and Graitney, and the place of the kirk to be at Graitney; the kirk of Kirkpatrick and Kirkconnel and the kirk to be at Kirkconnel; the kirks of Middlebie, Tundersacks and Carruthers, the place to be at Middlebie; the kirks of St Mungo and Tundergarth, the seat and place of the kirk to be at Tundergarth; the kirks of Sibbaldbie and Applegarth, and the place of the kirk to be at Applegarth; the kirks of Hoddom, Ecclefechan and Luce, the place of the kirk to be at Hoddom near the town thereof; the kirks of Corrie and Hutton, the place of the kirk to be at Hutton; and likewise the kirk of St Leonards to be united to the kirk of Lanark where the same has been continually served in times past; which kirks his majesty and estates of this present parliament unite and annex respectively as they are above-expressed, and ordain the same to remain in time coming as parishes united and incorporated, having for their place and seat for hearing of the word, receiving of the sacraments, marriage and other benefits of the kirk, the particular kirks and places above-designed, and ordain the inhabitants of the said parishes to contribute for the building and repairing of the said kirks according to the quantity of their lands and possessions, and letters to be directed from the lords of session to that effect. It shall be always understood that notwithstanding of the union foresaid, the manses and glebes of the several kirks above-rehearsed shall appertain to the ministers serving the cure thereof, with the liberties and other privileges belonging thereto, and that for the better sustentation of the ministers that shall be provided thereto, and that the kirks and kirk yards of those annexed kirks shall remain several for the use of the parishioners to bury their dead therein at their own pleasure.
[1609/4/36]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace and favour and for the support of the town of Annan, which is miserably impoverished so as they are not able to build a kirk to themselves, has granted and conveyed to the said town and parish the house called the castle of Annan, the hall and tower thereof, to serve for a kirk and place of convening to the hearing of the word and ministration of the sacraments. And his majesty and estates of this present parliament, ratifying the said grant and disposition made by his highness of the said house and castle to the use foresaid, ordain and statute the said house and castle to be from henceforth proper to the said town and parish for the place of convening as said is, with power to them to repair, re-edify, convey and remove the stones and timber thereof to any place they shall think most convenient for building of their kirk when they shall find themselves able thereto, and in the meantime to serve themselves therewith at their pleasure in their meetings together to God's holy service, saving the right of anyone.
[1609/4/37]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the kirk of Restalrig is ruinous and that the kirk of Leith has been the place of the convening of the parishioners of Restalrig the space of 50 years past, as also that it is most commodious part in respect that the town of Leith is the greatest part of the said parish, which kirk notwithstanding has never yet been erected in a parish kirk, therefore our sovereign lord and estates of this present parliament declare the said kirk of Leith to be a parish kirk, and ordain the same to be reputed and called hereafter the parish kirk of Leith, and all the inhabitants of Restalrig to resort thereto as to their parish kirk as they have done in times past; and that the benefice of Restalrig, parsonage thereof, glebe and manse pertaining thereto shall be always conveyed to the minister serving the cure at the said kirk of Leith in all time coming, and that the said kirk of Restalrig be suppressed and extinct from henceforth and for ever, reserving always to the patron and his successors their right of patronage of the kirk of Restalrig; and the said estates declare that the same right of patronage shall in no way be prejudiced by this present act.
[1609/4/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of parliament, ratifies and approves the erection of the kirk of Carmyllie in a parish kirk according to the acts of the kirk made relating thereto; likewise his highness, by advice foresaid, of new erects the said kirk in a parish kirk, and ordains the same to enjoy and possess all the privileges and commodities righteously belonging to a parish kirk by the law and custom of this kingdom, and the territory to be designed thereto by the presbytery of Arbroath, to repair and resort thereto in all time coming, without prejudice of the lord [James Hamilton], marquis of Hamilton further than is contained in his erection.
[1609/4/39]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, among the rest of his princely and fatherly cares for the welfare and conservation of the good estate of this his highness's native and ancient kingdom, has been concerned and provident for the conservation of learning therein, not only by large and princely donations given out of his own property to the universities of colleges of learning, but also in his own royal person bestowing pains for visiting the estate of the said universities, and in special of St Andrews, the most ancient matrix and fountain of science and knowledge, for the benefit as well of kirk as common good; likewise his majesty in his tender years having commiseration of the abuses of the said university then conveyed to his highness in the year of God 1579, gave commission to the most noble and renowned persons: they are to say, the late [Robert Stewart], earl of Lennox, then prior of St Andrews, his highness's great uncle, Robert [Pitcairn], commendator of Dunfermline, his highness's secretary and conservator of the privileges of the said university, Master George Buchanan, Master James Haliburton, provost of Dundee, and Master Peter Young of Easter Seaton, to take order with the said abuses and reform the said university, as the report of their commission being seen and considered his highness, with the estates, in the said year authorised, ratified and confirmed in most ample form the order, rules and constitutions set down by the said commissioners, as the act of parliament of the date at Edinburgh, 10 November the year foresaid, most amply purports. Nonetheless, it being of verity that albeit both the said parliament gave commission to certain spiritual and temporal lords of his highness's council and nobility to see the said reformation put in practice, and likewise that his highness has urged the same by visitation made in his highness's own presence and by his late chancellor of good memory, John [Graham], earl of Montrose, with certain of his highness's privy council adjoined to him, and lately in a visitation held by his highness's councillors George [Gledstanes], archbishop of St Andrews, James [Elphinstone], sometime lord Balmerino and president of the session, Sir Thomas Hamilton [of Binning], his highness's advocate, the late James [Nicolson], bishop of Dunkeld, David [Lindsay], bishop of Ross, Andrew [Lamb], bishop of Brechin, and others, in the which also upon occasion of emergent abuses and defects in the said university sundry good acts and constitutions are set down, both regarding the form of studies and employment of the rents of the said colleges and government thereof, yet the said act of parliament made regarding the reformation of the said university is almost neglected and come in disuse, the form of studies, employment of rents and government in no way kept accordingly thereto, and the acts of the said visitations made by our said sovereign lord, his highness's chancellor and foresaid lords of council contemned and disobeyed; therefore the king his majesty, with advice of the estates of this present parliament, authorises, ratifies and confirms the act of parliament made for reformation of the said university, day and year foresaid, in all the heads, clauses and conditions thereof, as the tenor thereof bears, presently exhibited and produced before the estates of this present parliament, with express command and charge to the chancellor, conservator, rector, deans of faculty, masters, regents, bursars and all students and persons whatsoever having residence or privilege in the said university to conform themselves to the said act of parliament in all time coming without any fail, under the pains of deprivation of them from their honours, places and rooms in the said university, and further under all higher pain to be inflicted upon the disobeyers by the commissioners mentioned below. And to that effect, our sovereign lord, with advice foresaid, makes, constitutes and ordains his highness's honourable councillors and others, his beloveds after-following: they are to say, Alexander [Seton], earl of Dunfermline, his highness's high chancellor of Scotland, George [Home], earl of Dunbar, high treasurer, George, archbishop of St Andrews, chancellor of the said university, John [Graham], earl of Montrose, Patrick [Lyon], earl of Kinghorn, Alexander [Lindsay], bishop of Dunkeld, Andrew, bishop of Brechin, David, bishop of Ross, Alexander [Forbes], bishop of Caithness, James [Law], bishop of Orkney, David [Murray], lord Scone, Sir James Hay of Kingask, comptroller, Sir Thomas Hamilton of Monkland, advocate, Master John Preston of Penicuik, collector, Master John Skene [of Curriehill], clerk register, Sir David Carnegie of Kinnaird, knight, Sir John Learmonth of Balcomie, knight, Master John Wemyss of Craigton, commissioner of St Andrews (or any seven of them, the said lord chancellor and Archbishop of St Andrews being always two, and in case of the said lord chancellor's absence, his commissioner and depute), his highness's commissioners and visitors of the said university, with power to them to convene at such times and places as they shall think most expedient upon the premonition directed by our said sovereign lord, his highness's chancellor or Archbishop of St Andrews as shall be thought fittest, and until his highness, with advice of his privy council, shall discharge the same; and in their said meeting to take order with all and sundry abuses committed or to be committed inducing the space of the said commission, in the government, discipline, studies, administration of rents or others whatsoever against the said acts of parliament, to displace unworthy, unqualified and evilly disposed persons, and in their rooms to place others by consent and advice of electors, designed in the act of parliament, to take account of the administration of the rents of all the said three colleges, and in case of unrighteous and partial disposition thereof, to set down order for amendment and reparation thereof, to fill up all places and rooms which shall happen to be found vacant at whatsoever their meetings of visitation and generally to do, practice and exercise the office of visitors and councillors of the said university during the space foresaid.
[1609/4/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that all and sundry the lands particularly underwritten, lying opposite the borders of England, namely: the lands of Tarrasfoot, Monibihirst, Brownischeilhill, Whitlawside, Bankhead, Meir Burn, Harelaw and Harelaw Wood, with the pertinents, Rowanburn, Woodhead, Thorniewhats, Wabredhillis, with the pertinents, the lands of Barresknowes, Woodhouselees, Holehouse, Tarcoon, Brounischilburne, Auchenrivock, with the manor place, houses, buildings, orchards, yards, with the mills and multures thereof, woods, fishings, annexes, connexes and whole pertinents of the same, all lying within the parish of Canonbie, and the lands of Glenyart, Morton and Barnglies, with the manor place, houses, buildings, woods, fishings, mills, multures and their pertinents lying within the parish of Morton, which whole lands foresaid, with the pertinents, are limited and bounded as follows, namely: beginning at the water of Tarras running in Esk at the Broomholm up the water of Tarras and up the Perter Burn, and from that to Tinnis Hill and down the Meir Burn to the water of Liddel, and down Liddel to Rowanburn and Thorter Ingreis gates by the foot of Magilwod, and then to the foot of Nether Thorniewhatburn, running in east by the head of Knottyholm, the lands of Woodhouselees and Morton, bounding with Scotsdike, marched as well with the water of Esk as with the water of Sark, and up Sark to the march of Auchenbedrig, and from there up Barnglies to the Righeads, and from there down Irvine Burn to Esk and down Esk to the foot of Holehouse, to the marches of Bowholme, were ever held and reputed debatable lands between the two nations of Scotland and England, likewise the possessors thereof were in no way answerable to his highness's laws, but possessed the said lands without any acknowledging of his highness or his predecessors at any time preceding his majesty's happy attending to the crown of England, since the which time his highness, by his royal authority and princely care, has pacified the said borders and reduced the same to his obedience. And albeit that no person justly can pretend right to the said lands but those who have lawful and sufficient dispositions made to them by his highness and his predecessors of the forenamed lands expressly, nonetheless diverse persons have entrusted themselves in the possession of a great part of the said lands, minding to appropriate the same to themselves by their unlawful and unjust possession under pretext that the same are part and pertinents of others their lands pertaining to them heritably, which was a great prejudice to his majesty; therefore his highness and estates foresaid statute and ordain that no person whatsoever shall be heard to claim right to the foresaid particular lands or any of them except the same be expressly and namely conveyed to them or their predecessors by his highness or his predecessors, and specially contained in their or their authors' infeftments of the same, and that none of the said lands particularly above-expressed shall be accounted parts and pertinents either amongst themselves or of whatsoever other lands or barony if the same be not particularly and namely expressed and contained in the infeftments and rights made thereupon, or else that the persons claiming right to the foresaid lands or any part thereof were by themselves or their predecessors in possession of the same lands before his majesty's passage to England.
[1609/4/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having consideration that his highness's trusty and well-beloved servant James Maxwell, gentleman usher of his highness's privy chamber, has pertaining to him heritably all and sundry the lands underwritten, namely: the five pound land of Munbellie of old extent, with the pertinents, lying within the provostry of Lincluden, stewartry of Kirkcudbright and sheriffdom of Dumfries, the lands of Auchenbedrig, extending to a forty shilling land, the twenty shilling land of Stanneris, the twenty shilling land of Conhestes, the forty shilling land of Rispottage and the merk land of Poleskine, all of old extent, with the pertinents, lying within the stewartry of Annandale and the said sheriffdom of Dumfries, held by the said James Maxwell or his authors of the Lord Maxwell, against whom there is a process and doom of forfeiture led and deduced for certain crimes of treason and lese-majesty committed by him, through which his whole vassals and tenants have lost and forfeited their holdings, tenancies and the property of such lands as they hold of him; nonetheless, for the good, true and thankful service done to his majesty by the said James Maxwell, his domestic servant, his majesty, with full deliberation, advice and consent of the estates of this present parliament, has ratified and approved and perpetually confirmed and, by the tenor hereof, ratifies and perpetually confirms all and sundry the infeftments, charters, sasines and other evidents whatsoever made and granted to and in favour of the said James Maxwell, his heirs and assignees, of and concerning the lands particularly above-named, and decrees and declares the same to be good and valuable rights and securities for them to possess, enjoy, use and convey the said lands as their heritage at their pleasure, notwithstanding of any crimes of treason done and committed by the said John, lord Maxwell, his predecessors or others, the said James, mediate or immediate superiors of the foresaid lands, or any conviction of doom and process of forfeiture led and deduced against them thereof, and this present ratification to be as good, valid and sufficient to the said James and his foresaids as if his and his authors' whole infeftments and securities of the said lands were particularly inserted and set down herein; and also decrees and declares that the said James Maxwell, his heirs and assignees shall hold the foresaid lands of the next immediate superiors or of our sovereign lord and others having right of superiority thereof likewise and after the same form and manner as the said James Maxwell now holds the said lands and held the same before the forfeiture.
[1609/4/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the long and good service done to his majesty by John Murray of Dundrennan, one of the grooms of his majesty's bedchamber, ratify and approve an infeftment of erection and incorporation to the said John, bearing and comprehending all and whole the manor place of old called the abbacy of Dundrennan, with towers, fortalices, houses, buildings, yards, orchards, greens, parts, pendicles and pertinents of the same lying within the precinct of the said monastery, and diverse and sundry other lands, baronies, mills, woods, fishings, annualrents, feu ferms, kanes, customs, casualties, tenants, tenancies, service of free tenants, parts, pendicles and pertinents which of old pertained to the said abbacy of Dundrennan as part of temporality, patrimony and property of the same; and also comprehending the teinds, both great and small, of all and sundry the parish kirks of Dundrennan, alias Rerrick, and Kirkmabreck, which of before pertained to the said abbacy of Dundrennan, together with the fruits, teinds, both great and small, parsonage and vicarage, of the parish kirks of Redkirk and Graitney, to the which parish kirk of Graitney the said kirk of Redkirk, fruits, rents and emoluments thereof, with the manse and glebe of the same, are annexed, united and incorporated, containing an express union of the whole lands, kirks, teinds, profits and emoluments contained in the said infeftment, as at more length is contained in the said infeftment of the date at Whitehall, 5 March 1609; which infeftment, with the whole dispositions, provisions, erections and incorporations, and specially the union and conjunction of the kirks of Redkirk and Graitney, his majesty and estates foresaid will, grant and declare to be a valid and sufficient infeftment to the said John and his heirs mentioned therein, notwithstanding of any act, statute or ordinance made or to be made in parliament or otherwise hereafter that in any way may prejudice the same wherewith his majesty and estates dispense by this ratification for now and ever; and decree and declare that in all time coming the memory of the kirk of Redkirk shall be extinct and that the said parishioners of Redkirk and Graitney shall be conjunct in one parish, and the kirk to be called in all time coming the kirk of Graitney.
[1609/4/43]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, remembering the godly foundation and erection made by the late George [Crichton], bishop of Dunkeld, of the hospital situated beside the water gate in the Canongate of Edinburgh, and that the same has been profitable to sundry his highness's poor lieges, chaplains and beadsmen appointed by the said foundation and erection for possessing of the fruits and rents endowed to them by the said erection and foundation and other charters, precepts and instruments of sasine following thereupon. And to the effect that the patrons appointed by the said foundation and their collector and ministers of the said hospital and the present chaplains and beadsmen of the same and their successors may the more peaceably and freely possess and enjoy all and sundry fruits, rents and emoluments pertaining to the said hospital, chaplains and beadsmen founded and erected by the said foundation in all time coming, therefore our said sovereign lord, estates and whole body of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the charter, erection and foundation of the hospital above-written, together with all and sundry infeftments, charters, precepts and instruments of sasine following, proceeding and depending upon the said charter, erection and foundation granted in favour of the said patrons, collectors and masters, and of the said chaplains and beadsmen of the said hospital, in all and sundry points, articles, clauses, provisions and conditions therein contained; and decree and declare the foresaid erection and foundation to be a perfect, valid and sufficient and security to the said patrons, collectors and masters and to the said chaplains and beadsmen for possessing and enjoying of their liberties and privileges of the lands, tenements and annualrents, with their pertinents, endowed and conveyed to the said hospital, according to the charter, erection and foundation in all points, and that the mails, ferms, profits and duties of the said lands, tenements and annualrents, as well of all years and terms past since the date of the said foundation, as yearly and termly in all time coming has justly appertained and appertain to the said hospital, to be collected, uplifted and conveyed upon by the collectors of the said hospital and divided and distributed to the chaplains and beadsmen thereof nominated and to be nominated by David Crichton of Lugton, now patron of the said hospital, and by his male heirs and successor patrons thereof, in all time coming; and also will and declare that this present confirmation and ratification is and shall be of as great force, strength and effect, as if the foresaid erection and foundation, together with all and sundry charters, precepts and instruments of sasine following thereupon, made and granted to and in favour of the said patrons and collectors and masters of the said chaplains and beadsmen were word by word inserted and engrossed in this present act, concerning which our said sovereign lord, with advice foresaid, by this ratification dispenses for now and ever.
[1609/4/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the good, true and thankful service done to his highness by his trusty councillor Sir Archibald Douglas of Whittingehame, knight, one of the lords of his highness's secret council and one of the senators of his majesty's college of justice, together with his earnest care and zealous affection towards his majesty's service in all times bygone, therefore his majesty and estates foresaid have ratified and approved and, by the tenor hereof, ratify and approve his highness's letters of gift under his majesty's privy seal whereby his highness gave, granted and conveyed to the said Sir Archibald during all the days of his lifetime all and whole a yearly pension of the sum of 500 merks money of this realm of Scotland, to be uplifted and taken at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, out of all and whole the blench ferm, mails and duties of the kirk lands respectively following, namely: the sum of 200 merks out of the blench ferms, mails and duties of the lordship of Paisley due to our said sovereign lord, to be paid yearly at the terms foresaid by Claud [Hamilton], lord Paisley, and James [Hamilton], master of Paisley, now styled Earl of Abercorn, Lord Paisley, and their successors, and the sum of £200 as for the blench ferm, mails, feus and duties of the barony of Broughton due to our said sovereign lord, whereof the sum of £100 was yearly appointed to be paid by the late Sir James Bellenden of Broughton, knight, that last deceased, and the other £100 to be paid by John [Bothwell], lord Holyroodhouse, beginning the first whole year's pension foresaid of 500 merks at the feast and term of Martinmas in the year of God 1603, and so forth yearly and termly in time coming during the said Sir Archibald's lifetime; with power to the said Sir Archibald to transfer the foresaid pension in any other person he best pleased in any time of his life, which person by virtue of his said translation is appointed by virtue of the said gift to have as good right thereto, power and title to possess and enjoy the same for all the days of the lifetime of him in whom it should be transferred, as the said Sir Archibald Douglas himself had or might have in all respects by virtue of the said letters of gift, which letters of gift are of the date at Winchester, 3 October 1603, in all and sundry heads, articles, clauses, provisions and privileges whatsoever mentioned in the said letters of gift after the form and tenor thereof with all that has followed or may follow thereupon. And further, his highness and estates foresaid for the causes above-written have dissolved and by this ratification dissolve the said blench ferms, mails and duties of the said lordship of Paisley and barony of Broughton assigned and conveyed to the said Sir Archibald as said is, extending to the said sum of 500 merks, from the act of annexation of the said kirk lands, mails, ferms and duties thereof to his highness's crown made of before, to the effect the same may be conveyed to the said Sir Archibald during his said lifetime in manner underwritten. Likewise his majesty and estates foresaid, now after the said dissolution of new, give, grant and convey to the said Sir Archibald during all the days of his lifetime all and whole the foresaid yearly pension of 500 merks yearly, to be uplifted at the terms above-specified out of all and whole the blench ferms, mails and duties of the said lordship of Paisley and barony of Broughton respectively, namely: the said sum of 200 merks out of all and whole the blench ferms, mails and duties of the said lordship of Paisley, and the said sum of £200 out of the said barony of Broughton to be paid by the said John, lord Holyroodhouse, and by the heirs and successors of the said late Sir James Bellenden of Broughton, knight, equally between them and out of the readiest blench ferms, mails and duties of the said lordship and barony, with full power to the said Sir Archibald at any time during his lifetime to assign, transfer and convey the said pension in whole or in part to any person or persons he shall think expedient for all the days of their lifetimes, which person or persons to whom the said pension shall be assigned, transferred and conveyed, his majesty and estates foresaid declare to have good right to possess and enjoy the same pension during the said space of their lifetimes, in the same way and as freely as the said Sir Archibald may possess and enjoy the same during his said lifetime. Moreover, our said sovereign lord and estates foresaid decree and ordain that this ratification shall be a good, valid, effectual and sufficient right to the said Sir Archibald and the person or persons to whom he shall assign, transfer and convey the said pension for possessing and enjoying of the same in manner above-specified, and that notwithstanding of whatsoever acts or statutes special or general made or to be made in the contrary, with the which his majesty and estates foresaid have dispensed and by this ratification dispense for ever, and will and grant that the same shall make no derogation hereto, and ordain letters to be directed hereupon upon a simple charge of six days only. 24 June 1609.
[1609/4/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the letters of gift and disposition made and granted by his majesty under his highness's great seal of the date at Greenwich, 1 June instant, whereby his majesty, having due consideration that the rent and patrimony of the bishopric of Ross, being greatly diminished, partly by pensions granted out of the patrimony thereof and partly by setting of feus and tacks within the just value, is now become in that condition as the same is not able to sustain the honourable estate of the present bishop and his successors according to their honourable estate and rank; his majesty, in supplement thereof, has given, granted and conveyed to his trusty and well-beloved councillor Master David Lindsay, present bishop of the said bishopric, and to his successor bishops of Ross, in all time coming all and whole the abbacy and monastery of Fearn, with all and sundry lands, lordships, manor places, woods, mills, multures, fishings, as well superiority as property thereof, teinds and teind sheaves, advocations, donations and right of patronages of kirks, chaplainries, prebendaries and altarages, and with all and sundry feu ferms, fruits, rents, kanes, customs and other duties of the said abbacy of Fearn, wheresoever they lie within this realm, pertaining to our said sovereign lord by virtue of the act of annexation made in [15]87 of the kirk lands to the crown, and by the same gift has dissolved the foresaid abbacy and monastery of Fearn and others thereof above-written from the patrimony of his highness's crown, notwithstanding of the foresaid act, and has united, annexed and incorporated the same to the said bishopric, to remain therewith as a proper part of the patrimony of the same in all time coming, as the said gift and disposition at more length bears, in all and sundry heads, articles, clauses and conditions thereof, with the dissolution and union therein contained after the form and tenor of the said gift in all points, and will and grant that the foresaid gift and this present ratification thereof is and shall be in all time coming as sufficient, valid and effectual in all respects to the said Bishop of Ross and his successors as if the foresaid were at length word by word inserted and engrossed in this present act.
[1609/4/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and perpetually confirm all and whatsoever infeftments of feu ferm, charters, precepts, instruments of sasine and other evidents and securities made and granted by the provost, bailies, council and community of the burgh of Kintore, to and in favour of George, earl Marischal, lord Keith and Altrie, his predecessors and authors, of and concerning whatsoever lands, mills, woods, fishings, tenements, yards and others therein contained set in feu ferm and conveyed to them by the said provost, bailies, council and community foresaid; and decree and declare that the foresaid infeftments are and shall be good, valid, effectual and sufficient infeftments, rights and securities to the said George, earl Marischal, his said predecessors and authors, their heirs and assignees therein nominated, for possessing, enjoying, using and conveying upon the said lands and others therein expressed as their proper heritage at their pleasure in time coming, likewise as freely and in the same form and manner as if his majesty and estates of parliament had before the making and granting of the said infeftments, given power, liberty and licence by a special act and ordinance of parliament to the said magistrates and community of the said burgh of Kintore to sell, convey or set in feu ferm their said lands, mills and others contained in the said infeftments, or as if the same had been conveyed by them in plain parliament with consent of his majesty and estates to the said Earl Marischal and his foresaids for great, evident and weighty causes. Moreover, it is statute and ordained that the generality above-written regarding the said infeftments is and shall be as good and sufficient as if all the particular infeftments, evidents and securities of the foresaid lands, mills and others therein expressed made and granted to and in favour of the said George, earl Marischal, his said predecessors and authors thereupon, were at length and word for word specially and particularly set down and inserted therein, regarding the which and any defects that in any way may result thereupon, our said sovereign lord and estates foresaid have dispensed and by this ratification dispense.
[1609/4/47]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that his majesty, upon 25 July 1594, made and constituted his highness's right trusty cousin and councillor Archibald, earl of Argyll, lord Campbell and Lorne etc., his highness's lieutenant and justice in that part within the bounds of the sheriffdoms of Aberdeen, Banff, Elgin, Forres, Nairn, Inverness, Cromarty and Tarbert, to the effect contained in the commission granted to the said Earl of Argyll thereupon, as the same of the date foresaid, registered in the books of secret council upon the day foresaid, at more length bears, and that according to the said commission and shortly after the granting thereof the said Archibald, earl of Argyll, accompanied with a great number of his friends, vassals, men, tenants, servants, dependents and others, our sovereign lord's lieges, passed to the bounds above-specified therein contained, where they remained a certain long space thereafter for execution of the said commission. And his highness, not willing that the said Archibald, earl of Argyll, his friends, vassals, men, tenants, servants or any other persons being in their company the time foresaid shall incur any crime, peril, danger, damage or inconvenience through the execution of his highness's commission above-written in their bodies, lands, possessions, goods or gear in time coming, therefore his majesty and his said estates of this present parliament decree, declare, statute and ordain that all and sundry slaughters, mutilations, bloodshed, fire-raising, demolishing and destruction of houses, buildings, plantings and policies, robberies, oppressions, depredations, spuilzies, ejections, intrusions, wrongful intromissions, contraventions and all other crimes, offences, wrongs, facts, deeds, actions and enterprises whatsoever, as well criminal as civil, committed or assisted by the said Earl of Argyll, his friends, vassals, men, tenants, servants, dependents, party, partakers or by any other person or persons whatsoever of their company directly or indirectly against whatsoever person or persons, their lands, houses, rents, policies, goods or gear within the bounds contained in the said commission or in the repairing and returning to and from the said bounds from the date foresaid of the same commission to 2 January next thereafter in the year of God above-written, together with all decreets following thereupon and all action, as well criminal as civil, moved and intended or that may in any way be moved or pursued hereafter against the said earl or his foresaids, their heirs, executors or successors directly or indirectly for the causes above-mentioned or any of them committed or assisted by them within the space above-specified, with all that has followed, shall or may follow thereupon, to be now by the authority of this present parliament and to be in all time coming extinguished, expired, remitted, discharged, abolished, buried, taken away and put in perpetual oblivion simply and for ever; likewise his majesty and estates foresaid by the tenor hereof extinguish, remit, discharge, abolish, bury, take away and put the same in perpetual oblivion simply for now and ever in all time coming, and declare that no action, process nor execution shall be intended, moved, used nor pursued criminally nor civilly by any manner of way in the premises, directly nor indirectly, against the said Earl of Argyll, his friends, vassals, men, tenants, servants, dependents, assisters, party and partakers or others being in their company, nor their heirs, successors nor executors in any time hereafter, discharging the lords of his highness's council and session, secret council, sheriffs, his majesty's advocates and all other judges and ministers of his highness's laws within this realm, masters and officers of arms of all calling, accusing, arresting, summoning, pursuing, troubling or in any way molesting of the said Earl of Argyll or his foresaids or any others of their company for the premises, or concerning the same or any thing that has followed or that may follow thereupon, and of their offices in that part simply and for ever.
[1609/4/48]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that upon 17 March 1596 [1597] our sovereign lord, with advice and consent of the lords of his highness's secret council and exchequer, and also of [Sir Richard Cockburn of Clerkington], his majesty's secretary then for the time, by virtue of his demission by his majesty's special letters under the privy seal, gave, granted and conveyed to his highness's beloved Master John Laing, keeper of his majesty's signet, during all the days of his lifetime, all and whole that part of the office of the secretary so far as may be extended to the keeping and custody of his majesty's signets great and small (excepting the court signet ordinarily used to all such things which pass the council table), together with all and sundry fees, profits, commodities, privileges, freedoms, liberties, immunities and other duties whatsoever pertaining or in any way righteously known to pertain thereto, to be peaceably possessed, enjoyed and used by him during all the days of his lifetime, as the said letters of gift and disposition made and granted to the said Master John Laing thereupon at more length bear; therefore our sovereign lord, with consent of [Sir Alexander Hay of Whitburgh], his majesty's present secretary, and whole estates of this present parliament, ratifies and approves the foresaid letters of gift and disposition with all decreets and sentences whatsoever given and pronounced in favour of the said Master John Laing for holding, enjoying, using and possessing of the said office, with all fees, commodities, privileges and other duties whatsoever pertaining and belonging thereto after the form and tenor thereof in all points, and decrees and declares the same to be sufficient rights, titles and securities to the said Master John for holding, using and possessing of the said offices, in keeping of the said signets (except the court signet foresaid) without any question, trouble, quarrel, stop, let or impediment whatsoever to be made to him in any time coming therein. And also our said sovereign lord and estates foresaid by this act declare that in all time hereafter the keeping of the said signets shall be at the disposition of his majesty's secretary present and to come, as a particular pendicle of the said office of secretary, indisposable in any sort and inseparable therefrom, and that this present ratification of the said Master John's gift during his lifetime shall be no prejudice thereto.
[1609/4/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that his majesty's course has ever been from the beginning not to punish the innocent for the offenders' crime, and now carrying the same mind towards these his highness's faithful and obedient subjects who have acquired some rights and titles of lands and teinds from the late Robert Logan of Restalrig, both before and since his practicing in the horrible and detestable treason committed against his majesty's own person with the traitor [John Ruthven, earl of] Gowrie and [Master Alexander Ruthven], his brother, at Perth, 5 August 1600, for the which he and his posterity are in this present parliament most worthily forfeited and his memory and posterity declared to be extinct, and his whole lands since the committing of the said treason the time foresaid to pertain to his highness in property for ever; and seeing that it is clearly understood to our sovereign lord and estates foresaid that Sir John Arnott, provost of Edinburgh, Archibald Johnstone, merchant burgess of the said burgh, and Rachel Arnott, his spouse, Andrew Logan of Coitfield and William Fairlie, portioner of Restalrig, are and were altogether innocent and free of the said late laird of Restalrig's practices in that detestable crime, and his majesty being most willing that innocent men should in no way participate in the punishment of that his defection and treasonable deeds, therefore our said sovereign lord and estates of this present parliament declare, statute and ordain that the process and doom of forfeiture pronounced against the said late Robert of Logan of Restalrig and his posterity in this present parliament shall in no way be prejudicial nor make any derogation to the said Sir John Arnott, Archibald Johnstone, Rachel Arnott, his spouse, Andrew Logan and William Fairlie, nor none of them nor their heirs, regarding such rights of lands, tacks, teinds and possessions as they have acquired and purchased of the said late laird of Restalrig or from any other persons having right proceeding from the said late Robert Logan of Restalrig, either before or since the time foresaid of the committing of the said treason, to the effect that the said Sir John Arnott, Archibald Johnstone, his said spouse, Andrew Logan and William Fairlie and their heirs respectively, may peaceably hold and possess the same as if no such treasonable enterprise had been intended nor declared against the said laird of Restalrig.
[1609/4/50]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that upon the alienation and disposition and resignation made by John [Lindsay], lord Lindsay of the Byres, of all and sundry the lands and barony of the Byres, the lands of Coildrow, the mains of Drem, Dremhill, Coittis, Myddilthrid, Coitakeris within Drem, Samyngis, Murtoun, Mungoswells, Garleton and Harvieston, with their castles, towers, fortalices, orchards, yards, dovecots and pertinents lying within the constabulary of Haddington and sheriffdom of Edinburgh, with the advocation, donation and right of patronage of the kirk of Haddington, parsonage and vicarage thereof, and chaplainry of the lady chapel of Drem, to and in favour of Sir Thomas Hamilton of Binning, knight, advocate to our sovereign lord, and his heirs and assignees specified in the said resignation, that the said Sir Thomas Hamilton of Binning, knight, his heirs and assignees are heritably infeft and seised in all and sundry the foresaid lands, baronies, advocation and donation of benefices and others above-specified, with their pertinents, as in the infeftment under the great seal made to him thereupon, 6 June 1609, shown and produced in parliament at more length is contained; and therefore our said sovereign lord and estates of this present parliament ratify and approve the foresaid infeftment given to the said Sir Thomas Hamilton of Binning, knight, and to his heirs of the lands, baronies, donation of benefices and others foresaid, in all and sundry heads, clauses and points contained therein, after the form and tenor thereof in all points, the which ratification the said estates declare to be as valid and sufficient to the said Sir Thomas Hamilton and to his foresaids as if the said infeftment were word by word expressly inserted in this present act.
[1609/4/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, remembering the good, true and thankful service done to his majesty and to his most noble progenitors by his highness's trusty cousin Robert, lord Crichton of Sanquhar, and by his predecessors in times bygone, commonly known to have been very profitable to his highness's realm and lieges thereof, therefore his majesty and estates foresaid have dissolved and, by the tenor hereof, dissolve from his highness's crown and patrimony thereof all and whole that great lodging and tenement of land, houses, buildings, yards, orchards, parts, pendicles and pertinents of the same whatsoever lying within the burgh of Perth, sometime pertaining heritably to the late John [Ruthven], sometime earl of Gowrie, held by him and his predecessors of his majesty and his most noble progenitors, and fell and became in his majesty's hands and was annexed to the patrimony of his highness's crown through the process and doom of forfeiture orderly led and deduced against the said late John, sometime earl of Gowrie, for certain crimes of treason and lese-majesty committed by him, to the effect that his majesty may give, grant and convey all and whole the foresaid great lodging and tenements of land, houses, buildings, yards, orchards, parts, pendicles and pertinents of the same, to the†said Robert, lord Crichton of Sanquhar, his male heirs and assignees whatsoever heritably, to be held of our sovereign lord and his successors in free burgage for service of burgh, used and wont only. And the said estates declare that this present act shall in no way be extended nor be prejudicial to the infeftment and security granted by our said sovereign lord to David [Murray], lord Scone of any other tenements of land, with the yards and pertinents thereof, lying within the said burgh of Perth, also sometime pertaining to the said late John, earl of Gowrie in addition to the foresaid great lodging and tenements of land, houses, buildings, yards, orchards and others above-written dissolved from his highness's crown in favour of the said Robert, lord Crichton of Sanquhar and his successors.
[1609/4/52]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act made by his majesty and estates assembled in the last convention held at Edinburgh upon 27 January last, regarding the abolishing and abrogating of the secretary's register, and decree and ordain the said register to have been suppressed, expired and null since the said 27 January last, and to be null and expired in all time coming. And our said sovereign lord and estates foresaid declare that the said secretary's act preceding the said day shall not prejudice any person to call and pursue the makers of the reversions, discharges and other writs contained in the foresaid act and their heirs for perfecting and fulfilling of the same reversions and other writs, notwithstanding the non-registration thereof within the time prescribed by the said secretary's act, except the same be already declared null by decreet and sentence of the lords of session, party compearing or not compearing.
[1609/4/53]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates of this present parliament, understanding that by act made in the books of secret council upon 12 January 1591 [1592], his majesty, with advice of the lords of secret council, found and declared that David Hamilton of Bothwellhaugh, Isobel Sinclair and Alison Sinclair, heretrices, portioners of the lands of Woodhouselee, ought and should be repossessed to the lands, houses, tacks, steadings and possessions whereof they were dispossessed through occasion of the late troubles, according to the act of his majesty's parliament held at Linlithgow, 10 December 1585, notwithstanding any provision or exception purchased and made in the contrary, which exceptions and provisions his majesty then declared and promised to cause be declared in parliament to have been and to be null of no force nor effect, the same being procured by sinister information far by his majesty's true meaning, tending not only to the violation of his highness's general peace, but also to his majesty's particular favour extended to Claud [Hamilton], commendator of Paisley, his kinsmen, friends and servants, being in the realm of France under his majesty's protection, of the which the said David Hamilton of Bothwellhaugh was one of the most special, and then ordained letters to be directed for repossessing of the said persons to their lands, houses, rooms and possessions from the which they were dispossessed as said is, notwithstanding any exception or provision made or to be made in the contrary, as the said act of secret council at more length bears. And because the said act of secret council is nothing else in effect but an explanation of the foresaid act of parliament made upon the said 10 December 1585, in favour of the said Claud, commendator of Paisley, and certain of his domestics specified, of [whom]† the said David Hamilton of Bothwellhaugh, otherwise designed David Hamilton of Monkton Mains, is one nominated in special, and a declaration of his highness's sincere and true meaning relating thereto, and that all exceptions and provisions made in favour of whatsoever person or persons in contrary of the said act of parliament are procured by sinister information tending not only to the violation of his said highness's general peace, but also to his majesty's particular favour aforesaid, extended to the said Claud, commendator of Paisley, his kinsmen, friends and servants and an impairing and disgrace of his sacred majesty and royal favour, clemency and mercy which ought to be inviolably kept and observed without any exception or contrary provision in respect that the clemency of a prince ought to be a sacred warrant to all his highness's subjects to repose upon; therefore his majesty, with advice and consent of the whole estates of this present parliament, ratifies and approves the foresaid act of parliament of the date at Linlithgow, 10 December 1585, conceived in favour of the said Claud, commendator of Paisley, his domestics, kin and friends specified therein, and decrees and declares the same act to be as amply and fully extended to and in favour of the said David Hamilton of Bothwellhaugh, Isobel and Alison Sinclair, heretrices, portioners of the said lands of Woodhouselee, for repossessing them to the foresaid lands of Woodhouselee, houses, buildings, yards, tacks, steadings and possessions whereof they were dispossessed by occasion of the late troubles, as any has enjoyed and possessed the said benefice of before, according to the same act of parliament in all and sundry heads, articles, points and clauses contained therein, and that notwithstanding of whatsoever exceptions, acts of parliament, provisions, decreets and sentences made and conceived in favour of whatsoever person or persons in opposition to the tenor of the foresaid act of parliament and to the prejudice of the said David Hamilton, Isobel and Alison Sinclair, after the form and tenor of the said act of pacification made at Linlithgow, so that they may peaceably enter to possess and enjoy the said lands and others foresaid in time coming according to the said act of pacification concluded at Linlithgow. And his majesty and estates declare that this present act and decreet of parliament shall in no way be extended in favour of the said David and his colleagues for calling, craving and pursuing for any of the ferms, profits and duties of the said lands for any years bygone preceding the date hereof, but only to have effect and execution in time coming after the date of this act, and also ordain letters to be directed for repossessing of the said David Hamilton, Isobel and Alison Sinclair to their whole lands, houses, rooms and possessions from the which they were dispossessed as said is, according to the foresaid act of parliament in all points, and the effect and execution of the same letters the estates supersede during the dependence of the submission made and subscribed between the said David Hamilton and his colleagues and William Bellenden of Broughton on the one and other parts.
[1609/4/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that his majesty's course has ever been from the beginning not to punish the innocent for the offenders' crime, so in the forfeiture of any who had many vassals, tenants and freeholders holding their lands of him, his highness has ever been accustomed to mitigate that rigour and severity of the law by special reservations introduced in favour of these vassals and tenants, excepting out of that forfeiture their estates in their lands, albeit the same (being unconfirmed) by their superiors' crime did also fall in his majesty's hands, and hereupon, carrying that same mind towards the tenants and vassals of the Lord Maxwell, now justly forfeited for most heinous crimes of lese-majesty and treason committed by him, his majesty is loathe that, in his highness's intention of favour and grace towards the innocent, he should either wrong his majesty's self in the just benefit which by that forfeiture does fall to his highness by the approving of rights which were neither lawfully nor in due time acquired, or by participating in the general any parcel of his majesty's mercy and bounty to them who have been in any way accessory and culpable of the crimes committed or otherwise proud and contemptuous resetters and maintainers of the traitor himself. There are none ignorant what just cause his majesty has to be incensed against that Lord Maxwell, who, not contenting himself to have done these villainous deeds (the just reasons moving his majesty to proceed thus severely against him), did also most contemptuously and in a bragging manner, as if there had been no king in Israel nor no punishment for offence, remain still in this kingdom, rather glorying in his villainy than showing any token of penitence, not alone but often very well accompanied, so as howsoever the first crimes whereupon his sentence of forfeiture is deduced might have been personal (albeit no doubt they had their own assisters), yet this subsequent could not fall out without help and supply of some who, by all presumption, must have been some of those his vassals and tenants, who no doubt are now no less curious to be reserved and comprehended in the general clause than those who are most innocent; as likewise it is well known to the whole estates of parliament what the condition had been of the said Lord Maxwell some years before his majority and ever since, also never being six months together answerable to our sovereign lord's laws, still running headlong in a desperate course for his own undoing, which had made him, but specially since the time of the committing of his treasonable crimes, very prodigal of his estate, without all respect, not regarding who were benefited thereby, so as he might make it unprofitable to our sovereign lord; in consideration whereof, our sovereign lord and estates of this present parliament declare and ordain that the present forfeiture of the said Lord Maxwell shall in no way hurt or derogate any securities, rights, infeftments or tacks made in favour of his vassals, freeholders and tenants holding any lands and possessions of him by heritable infeftment, wadset or tack as their overlord and superior, excepting and reserving the rights of any persons acquired originally from this Lord Maxwell himself, which howsoever the same be dated may notwithstanding justly be presumed (in regard of the condition of the conveyer) never to have been lawfully passed, and remit the particular allowance of these rights wholly to our sovereign lord to be exactly tried by such whom his majesty is to depute to that effect, in no way tending thereby to wrong the innocent who in due time have made any lawful purchase from the said Lord Maxwell; and likewise reserving all such infeftments, rights and securities as are in the persons of any who were guilty, culpable and accessory to any of the crimes contained in the said lord's summons of forfeiture or which otherwise have received, maintained and supplied him since the committing of the same, and that a subsequent conviction of them for any of these causes shall be hereafter a sufficient adjudication of the property and estate which any of these parties had in any of these lands to our sovereign lord and his highness's successors without there be an intervening purchase of his highness's mercy and grace. And the said estates declare that this present reservation of these vassals and tenants shall work no further nor have any more strength, force and effect than a confirmation under the great seal which would have saved them from all danger of forfeiture of their superiors, but neither supplied any nullity in their infeftments or altered any sort the former condition of the same.
[1609/4/55]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament, understanding and being informed that the provost, bailies, council and community of the burgh of Perth have so far proceeded in the building of their bridge of Tay as they have begun at the ground and raised the whole pillars thereof above the water, therefore his majesty and estates foresaid and upon the respect and regard they have to the furthering of so good and necessary a work, tending so great to the well of the lieges, policy and decoration of the country, have ratified, approved and confirmed and, by the tenor of this present act, ratify, approve and confirm the gift, donation and disposition given and granted by our said sovereign lord, with advice and consent of his trusty and well-beloved councillor, Sir James Hay of Kingask, knight, his highness's comptroller, under the privy seal of the kingdom of Scotland, to the provost, bailies, council and community of the said burgh of Perth yearly and each year for the whole space of seven years next following their entry of all and whole a yearly duty and sum of 5,000 merks money of North Britain, to be paid yearly during the space of seven years between 1 November 1610 and 1 November 1611, and so forth yearly in time coming during the said space of seven years, to the said provost, bailies, council and community of the burgh foresaid and their deputes, to the reparation of the burgh foresaid out of his highness's property whatsoever and out of the best and readiest of his majesty's customs and imposts within the kingdom of Scotland, beginning the first year's payment of the same yearly duty and sum of 5,000 merks between 1 November 1610 and 1 November 1611, as the said gift and disposition granted thereupon of the date 2 May last more fully purports, in all and sundry points, heads, articles and circumstances thereof. And his majesty and estates foresaid will, decree and declare that this present approbation and ratification is and shall be of as great value, force, strength and effect as if the foresaid gift and disposition were herein word by word at length inserted and engrossed herein, concerning which his majesty and estates foresaid have dispensed and dispense by this act; and ordain his highness's comptroller to visit the bridge yearly and that the work go forward with all possible times, and that every year at the least they employ the said sum of 5,000 merks which they shall receive from the comptroller upon the building of the said bridge. And in case the work be completed in fewer years than in the said space of seven years to come (within the which space the said comptroller is ordained by this said gift to pay the said sum of 5,000 merks yearly for the said space of seven years to the said burgh of Perth), notwithstanding of the completing thereof in fewer years, the same shall be no cause to the comptroller present and to come of retention of any part of the 5,000 merks yearly after the completing of the said bridge, but that the comptroller present and to come shall pay the foresaid sum of 5,000 merks yearly and each year, seeing it is understood to the estates that the burgh of Perth is pledged in great sums of money for building of their bridge already and that the foresaid whole sum will not complete the work of the said bridge.
[1609/4/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament, remembering the good, true and thankful service done to his majesty by his familiar servant Sir Richard Preston of Haltrie, knight, ratify, approve and confirm the charter of alienation and disposition therein contained made by James [Elphinstone], late lord Balmerino, to the said Sir Richard, his heirs and assignees heritably and irredeemably, of all and whole the lands, lordship and barony of Dingwall and others specially enumerated and expressed in the forenamed charter of alienation, and of all and whole the heritable offices of the keeping and constabulary of the castle of Dingwall, with houses, buildings, yards and with all service, commodities, privileges and others whatsoever pertaining thereto, and also of all and whole an annualrent of 20 merks money usual of the realm of Scotland assigned for keeping of the said castle, to be uplifted out of the readiest feu ferms of the lands of Kinnaird, together with the charter of confirmation made and granted by our said sovereign, ratifying and approving the foresaid charter of alienation† with a new infeftment therein contained, giving, granting and conveying to the said Sir Richard and his foresaids heritably, all and whole the said lands, lordship and barony of Dingwall, heritable offices of keeping and constabulary of the said castle of Dingwall and annualrent above-written assigned for the keeping of the same, as the foresaid charters of alienation and confirmation respectively containing therein a charter of novodamus, which charter of confirmation confirming the foresaid gift of novodamus is of the date at Greenwich, 8 June 1609, in themselves at more length purport, in all and sundry heads, points, articles, clauses, conditions and circumstances thereof, with the whole privileges, liberties, honours and dignities therein mentioned; and specially that part thereof regarding the title, honour, degree and dignity of a lord of parliament granted to the said Sir Richard, and that he and his heirs shall have vote in parliaments, general councils and conventions in the same way and as freely as any lord of parliament had in any time bygone or shall have in any time coming, and that the said Sir Richard and his heirs shall be styled in all time coming lords of Dingwall, and find, decree and declare the foresaid charters, precepts and instruments of sasine that have followed or shall follow hereupon to be good, valid, perfect and sufficient rights and securities to the said Sir Richard, his heirs and assignees, for possessing and enjoying perpetually and in all time coming, of all and whole the said lands, lordship and barony of Dingwall, comprehending therein the particular lands and others particularly enumerated and expressed in the foresaid charters, with the whole offices, privileges, honours and dignities therein mentioned; and that this present general ratification and confirmation shall be of as great force, strength and effect to the said Sir Richard and his foresaids as if the said charters of alienation, confirmation and gift of novodamus were at length word by word herein inserted, concerning which our said sovereign and estates, for now and ever, by this ratification dispense. And our said sovereign lord and estates of parliament declare that this present ratification shall in no way be prejudicial to [Kenneth MacKenzie of Kintail], laird of MacKenzie and his infeftments of his lands and fishings about Dingwall pertaining to him, and also of the offices of constabulary and keeping of the castle of Dingwall, and also that this act shall not prejudice the town of Dingwall regarding the right and liberty of their burgh according to the law.
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Our sovereign lord and estates of this present parliament, having seen and considered the infeftment made by the abbot of Kilwinning for the time and thereafter confirmed by his majesty, and also of new conveyed by his highness with the clause of novodamus after his highness's perfect age of 21 years complete, to his majesty's beloved Gavin Hamilton of Raploch, his heirs and assignees, of all and whole a yearly annualrent of feu ferm duty of 16 bolls of meal, four bolls of barley, 198 stones of cheese and seven calfs to be paid yearly by the possessors and feuars of the lands of Auchentibber Over and Airthmaid, with the pertinents, lying within the abbacy of Kilwinning, bailiary of Cunninghame and sheriffdom of Ayr, which infeftment is authorised by interlocutor and decreet of triple poinding given by the lords of council and session in favour of the said Gavin Hamilton against the late Alexander [Cunningham], commendator of Kilwinning, of the date 13 August 1588, and is ratified and approved by his highness and estates in his majesty's parliament held at Edinburgh, 5 June 1592; therefore his highness and estates foresaid have ratified, approved and perpetually confirmed and by this act ratify, approve and perpetually confirm to the said Gavin Hamilton of Raploch, his heirs and assignees, all and sundry his former infeftments of the foresaid feu ferm duty made to him by the abbots of Kilwinning for the time and all confirmations and other dispositions passed by his highness thereupon, together with the decreets of the lords of council and session and ratifications of his highness and three estates in parliament proceeding thereupon and all other writs and securities made to the said Gavin of the said annualrent and feu duty at any time bygone, and will and grant and, for his highness and his successors, with advice foresaid, decree and ordain that the infeftments and other securities above-specified of the said yearly feu ferm duty made to the said Gavin Hamilton, his heirs and assignees, shall be in all time coming good, valid and effectual to them for holding and possessing heritably of the said feu ferm duty as if the said infeftments were passed by his highness and three estates in parliament, saving the right of anyone.
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Forasmuch as in this present session of parliament there are many ratifications passed wherein diverse and new clauses are inserted which may be prejudicial to particular parties' rights and derogative to many and sundry laws lawfully made and established of before, albeit the meaning of the estates be at this time, as it was ever in all preceding parliaments, that by no act of ratification any other party should be hurt or prejudiced; for remedy whereof, it is statute and ordained that no ratification passed in this session of parliament shall be prejudicial to any private parties' right, but that the said ratifications be always understood, whether the same be general or special, to be saving the right of anyone.
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Forasmuch as certain questions and controversies have lately arisen between [George Home, earl of Dunbar], his majesty's high treasurer, [Sir James Hay of Kingask], comptroller, and [Sir Thomas Hamilton of Binning], advocate for his majesty's interest, and [George Gledstanes], archbishop of St Andrews concerning the estates of bastards, right to customs, cockets, forbidden goods and confiscation thereof, and the said Archbishop of St Andrews being altogether unwilling that his name shall ever be opposite to his majesty or his right, or to contend for any such matter which his majesty in his great wisdom shall not think and judge due and lawful to the said archbishop to possess, therefore the said reverend father in God, George, archbishop of St Andrews, compearing personally in presence of [George Keith, earl Marischal], his majesty's high commissioner of parliament, and lords of articles of this kingdom, humbly, voluntarily and freely submitted and by the tenor hereof freely, voluntarily and humbly submits himself to his majesty's judgement in the premises, and is content and consents that his majesty judge, pronounce and determine finally therein at any time between now and the [...] day of [...] next, faithfully promising, binding and obliging himself and his successors to abide at, obey and fulfil whatsoever his majesty shall be pleased to determine in the premises, and therewith humbly requests at the hands of so just and gracious a king and master does expect, that his majesty will be pleased to hear him in the qualification of his particular rights in the said matters controverted before his majesty pronounce decreet therein, likewise his majesty's officers above-named most humbly crave and do expect that his majesty will [be]† pleased to hear their true declaration and information of his majesty's right and interest in the matters above-specified; as also the said archbishop, for him and his successors, consents and is content that the decreet to be pronounced and given forth by his majesty in the premises shall be registered in the books of parliament and have the strength, effect and execution of an act and decreet of parliament.
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The estates presently convened give and grant full power and commission to John [Erskine], earl of Mar, John [Kennedy], earl of Cassilis, George [Gledstanes], archbishop of St Andrews, John [Spottiswood], archbishop of Glasgow, James [Law], bishop of Orkney, Andrew [Stewart], lord Stewart of Ochiltree, Walter [Stewart], lord Blantyre, Sir John Cockburn of Ormiston, knight, justice clerk, Sir Thomas Hamilton of Binning, knight, advocate, Sir John Skene of Curriehill, knight, clerk register, Master John Preston of Fenton Barns, collector, [Sir David] Carnegie of [Colluthie and] Kinnaird, Sir William Livingstone of Kilsyth, Master John Learmonth of Balcomie, James Wemyss of Bogie, Sir John Arnott [of Birswick], provost of Edinburgh, and William Welands, commissioner for the said burgh, Master Alexander Wedderburn [of Kingennie], commissioner for the burgh of Dundee, John Lockhart [of Boghall], commissioner for the burgh of Ayr, to convene and meet at such days, times and places as they shall appoint, and to confer and reason upon the contents and heads of his majesty's missive letter directed to the said estates regarding the crime of ravishing of women, and upon the several degrees and branches of that crime and what pain and punishment they shall think fit to be inflicted to the persons guilty of the said crime in the several degrees and branches thereof, or if they think fit that the punishment prescribed and set down by his majesty in his said missive letter shall be embraced and enacted, and to report their opinions and overtures concerning this to the next parliament. Follows his majesty's missive letter:
Right trusty and well-beloved cousins, councillors and others of our trusty, loving and dutiful subjects of the estates of that our kingdom presently convened, we greet you well. The odious and now too frequent crime within that kingdom of ravishing of women, being both there and elsewhere by statute laws appointed to be punished with great severity and rigour, is either by the slackness of the execution of those laws or by the obscurity of the same become so common as out of this growth of evil manners the defects either in law or execution thereof would be amended, but because there will be of this offence many several branches and degrees, we have thought fit to divide the same, and according to the quantity of the offence to add the greater or less punishment, which we would have to be by you considered and passed by act in that your convention, that so it may pass in statute at the next ensuing parliament. And first, for those that do ravish any woman, either widow, married or maid, and have copulation with her against her will (the same being already one of the points of our crown), what further punishment than what is already provided shall be inflicted on them we do remit to your own discretion to appoint, wherein we would have it enacted that the first fact and the violence committed therein shall not be purged by any subsequent consent of the woman, but that the offender shall stand punishable by law notwithstanding thereof; and because often ravishings are committed wherein no further action than only taking away does follow, specially where the party ravished is by her friends, the magistrate or by other means relieved, we would have it declared that in this case, since [the]† party offender did his endeavour to commit the worst, that the same fact of taking away of a woman against her will, albeit rescued in time, shall be nonetheless in the committer thereof a crime capital. And because it is not the respect of the person but the aim either to the goods or lands of the party ravished in possession or appearance that moves the fact, without all doubt some provision made by the statute to disappoint them of those their unlawful hopes would make them the less curious to offend herein, and there being now a new form used to avoid punishment in the law by pressing without knowledge of the parent, tutor testamentar or guardian of the maid, being young of years and therewith of frail sex, to entice her to go with them, and so they to convoy or to cause her be convoyed away, we would have in this case both a punishment appointed for the offender with a secluding of that party being thus corrupted and seduced to go away without the knowledge or consent of father, tutor or guardian of either whole or part of that which otherwise would have befallen her, and the same to be declared to fall to the next of her kin, if so the party thus seduced be within the age of 16 years, but being passed of that age it is presumed that they are come to these years of discretion as that they can make a right choice and will hardly without consent of friends cast themselves away, the father, tutor or guardian having then some cause to distrust them and therefore to be the more wary of them, whereas in their younger years his security as suspecting no such matter gives the better opportunity to those who intend the abuse. And since this is a general thing which may touch many of the kingdom, we leave it to your considerations to provide remedies for all such abuses of this nature. And so we bid you farewell, from our court at Royston, 22 January 1609, to our right trusty and well-beloved the nobility, clergy and commons of that our kingdom of Scotland now presently convened.
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Our sovereign lord and estates of parliament ratify, approve and confirm the discharge and exoneration granted to his majesty's right trusty and well-beloved councillor David, lord Scone, of his intromission with all rents, duties and emoluments belonging to the office of comptroller and uplifted by him the time of his possessing and continuing in that place and charge according to the footed accounts made by him and allowed by the auditors of his highness's exchequer and other commissioners appointed for that effect.
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Our sovereign lord, considering the good, true and thankful service done to his majesty by the late William Elphinstone, his majesty's domestic servant, therefore our said sovereign lord and estates of this present parliament ratify, approve and confirm the letter of gift and pension made and granted by his majesty, with advice of Master John Preston of Penicuik, collector general and treasurer of the new augmentations, to Harry and Michael Elphinstone, lawful sons to the said late William Elphinstone and to the longest liver of the two successively after others, during all the days of their lifetimes, of all and whole the surplus of the thirds of benefices within the bounds of Orkney unassigned to the ministers, or shall happen in time coming to be unassigned to them, as well money, victual as cost of butter, oil and other customs within the said bounds during all the days of their said lifetime, beginning the first term's payment of the said surplus the crop and year of God 1602, and so forth to continue yearly during their said lifetimes, in all and sundry points, heads, articles and clauses thereof, according to the tenor of the same in all points, and will and grant that the said letters of gift and pension are and shall be to the said Harry and Michael Elphinstone in all time coming a valid, effectual and sufficient right to them to hold and possess the foresaid yearly pension out of the particular places whereof they have been in possession, and from the particular persons who have been in use of payment thereof, and that according to the said gift and decreets recovered by them thereupon, notwithstanding of whatsoever acts or constitutions made or to be made in the contrary which may appear to derogate to the validity of the said gift, with the which his majesty and estates foresaid dispense for ever, saving the right of anyone.
[1609/4/63]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord and estates of this present parliament, understanding that his majesty, upon great respects moving his highness, of certain knowledge and proper motive, has freely exonerated and discharged his trusty and well beloved councillors Sir Robert Melville of Murdocairnie, knight, Sir Robert Melville of Burntisland, knight, his son, and Dame Jean Hamilton, lady Ross, his spouse, and longest liver of the three, of all payment of their ferms, kanes, customs and duties contained in their infeftment of feu ferm of their lands of Murdocairnie, which is a part of his majesty's property lying in the sheriffdom of Fife, and that of all years, crops and terms as well past as to come during the longest liver of the three as the said discharge under-inserted bears, therefore our said sovereign lord and estates of this present parliament have ratified, approved and confirmed and by this act ratify, approve and confirm the foresaid exoneration and discharge in all and sundry heads, clauses, points, articles and conditions thereof, after the form and tenor of the same in all points, of the which discharge the tenor follows:
James Rex. We, remembering the good, true and thankful service done to us continentally since our infancy by our trusty and well-beloved councillors Sir Robert Melville of Murdocairnie, knight, and Sir Robert Melville of Burntisland, knight, his son, albeit as yet not duly recompensed, therefore to give them the better occasion to continue in their said faithful service, we, of certain knowledge and proper motive, for us and our said successors, have exonerated and freely discharged and, by the tenor hereof, exonerate and freely discharge the said Sir Robert and Sir Robert, his son, and Dame Jean Hamilton, lady Ross, spouse to the said Sir Robert, younger, and the longest liver of the three during their lifetimes, of all payment of their ferms, kanes, customs and duties contained in their infeftments of feu ferm of their lands of Murdocairnie, with their pertinents, which is a part of our property lying in our said sheriffdom of Fife, and that of all years, crops and terms, as well past as of all years, crops and terms to come, during their lifetimes and longest liver of the three as said is, discharging our comptrollers, chamberlains and factors present and that shall happen to be for the time of all asking, craving, receiving, charging, troubling or pursuing of the said Sir Robert and Sir Robert, his son, or the said Dame Jean, his spouse, or any of them during their lifetimes, for the payment of their said ferms, kanes, customs and duties of the foresaid lands or any part thereof in time coming, or poinding or intromitting with their goods and gear thereof and of their offices in that part for ever; and likewise commanding the lords of our exchequer to discharge and allow the ferms, kanes and duties of the foresaid lands to our said comptrollers, chamberlains and factors in the first end of their accounts during the space foresaid; concerning which, this act shall be their warrant once shown upon account and registered in the rolls as use is. Subscribed with our hand at Ware, 20 February 1605.
[1609/4/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the act of dissolution made in his highness's parliament made and held at the burgh of Perth, 9 July 1606, dissolving all and whole the lands, lordships and baronies of Kylesmuir and Barmuir, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, annexes, connexes etc., lying within the bailiary of Kylestewart and sheriffdom of Ayr from the act† of annexation made at Edinburgh, 29 July 1607, regarding the annexation of the temporality of all benefices within this realm to the patrimony of the crown, and also dissolving the parish kirk of Mauchline, parsonage and vicarage thereof, lying as said is, with the whole teinds, fruits, rents, revenues and emoluments pertaining thereto, from the abbacy or monastery of Melrose, together with the charter passed under his highness's great seal made and granted by our sovereign lord, with advice and consent of his highness's trusty councillor Master John Preston of Penicuik, collector general and treasurer of his highness's new augmentations, to his trusty cousin Hugh, lord Loudoun and his male heirs therein specified, of all and whole the said lands, lordship and barony of Kylesmuir and Barmuir, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, annexes, connexes, dependencies, parts, pendicles, tenants, tenancies, service of free tenants and all and sundry their pertinents lying within the said bailiary of Kylestewart and sheriffdom of Ayr, with all and sundry teind sheaves, other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the parish kirk of Mauchline lying as said is, containing also an erection of the town of Mauchline in a free burgh of barony, with the precept and instrument of sasine following upon the foresaid charter, as the same charter of the date at Greenwich, 30 June 1608 in the self at more length purports, in all and sundry heads, articles, clauses, conditions and circumstances thereof, with the whole privileges and liberties thereof therein expressed; and find, decree and declare that the foresaid lands, lordship and barony of Kylesmuir and Barmuir, with the said parish kirk of Mauchline, parsonage and vicarage thereof, and whole fruits pertaining thereto, are lawfully dissolved from the said act of annexation and abbacy of Melrose by virtue of the said act of dissolution made in the parliament held at Perth, the said 9 July 1606, and that our said sovereign lord, with advice foresaid, has lawfully and duly given, granted and conveyed to the said Hugh, lord Loudoun and his foresaids all and whole the said lands, lordship and barony of Kylesmuir and Barmuir, with the foresaid parish kirk of Mauchline, parsonage and vicarage thereof, with the whole fruits pertaining thereto in manner expressed in the foresaid charter, and that the act of dissolution made in this past parliament to and in favour of John [Ramsay], viscount of Haddington, dissolving the lordship of Melrose with sundry other lordships, lands, baronies and kirks of old pertaining to the said abbacy and monastery of Melrose from the said abbacy of Melrose and act of annexation with the infeftment already made or to be made to the said Viscount of Haddington, is nor shall be in any way hurtful nor prejudicial to the said new Lord Loudoun, nor his foresaids, nor to the rights and heritable infeftment made and granted to him by our said sovereign lord in manner before rehearsed of the lands, lordship and barony of Kylesmuir and Barmuir, parish of Mauchline, parsonage and vicarage thereof, nor any part of the same, and that the said act of dissolution made in favour of the said John, viscount of Haddington, is not extended to the said lands, lordship and barony of Kylesmuir and Barmuir, parish kirk of Mauchline, parsonage and vicarage thereof, nor to any part of the same, neither yet comprehended therein; likewise our said sovereign and estates foresaid will and grant that this general ratification is and shall be of as great force, strength and effect to the said Hugh, lord Loudoun and his foresaids as if the foresaid act of dissolution made in the parliament held at the said burgh of Perth, with the foresaid charter made according thereto of the dates respectively above-written, with the precept and instrument of sasine following upon the said charter, were at length word by word engrossed herein; concerning which, our said sovereign lord and estates foresaid for now and ever by this ratification dispense.†
[1609/4/65]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering and perfectly understanding the good, true and thankful service done by his highness's right trusty cousin William, earl of Morton, lord Dalkeith, and his predecessors, not only in his highness's private and particular affairs since his majesty's infancy, but also in the public affaires of this realm of Scotland, greatly tending to the common good, peace and tranquillity thereof and lieges of the same, in the honourable discharge of sundry great commissions entrusted to them by his majesty, his council and estates of the said kingdom, as also having respect to the notable and faithful service done by his said right trusty cousin to his majesty in accompanying and attending upon his highness's most sacred person in his journey from this realm of Scotland to the country of England after his highness's preferment to the crown of both the said kingdoms, and remaining thereafter with his majesty employed in his service during his highness's gracious pleasure, which service is sufficiently tried, verified and known to his majesty and estates of this present parliament to have been very profitable to his highness, this realm and lieges thereof; in the which service the said William, earl of Morton has sustained and disbursed great charges and expenses known to his majesty and estates foresaid. In recompense whereof, our said sovereign lord and estates of this present parliament ordain an act to be made in due and competent form dissolving, likewise his majesty and estates foresaid dissolve all and sundry the lands and others particularly underwritten, namely: all and whole the lands of Colquhar, alias Couloquhair, all and whole the land of Cowrie, all and whole the lands of Yetbyris, all and whole the lands of Kirkfield, all and whole the lands of Cristelshaw, all and whole the lands of Blakisuill, all and whole the lands of Powdanna, all and whole the lands of Powmuck, all and whole the lands of Powcleif, all and whole the lands of Glendearg, all and whole the lands of Cassock, all and whole the lands of Fingland, all and whole the lands of Aberlosk, all and whole the lands of Middillawheid, all and whole the lands of Raeburn, all and whole the lands of Harwood, all and whole the lands of Middleburn, all and whole the lands of Tynnynghill, all and whole the lands of Johnstone, all and whole the lands of Vaccariote, all and whole the lands of Todshaw Hill, all and whole the lands of Vattirokgrang, all and whole the lands of Garnaldhous, all and whole the lands of Crewkithewich, all and whole the lands of Dumfedling, all and whole the lands of Cubinburne, all and whole the lands called the Kirkland, with all and sundry the teind sheaves of all and sundry the forenamed lands, which teind sheaves of the whole lands above-specified, with the pertinents, were never separate from the stock lying within the regality of Melrose, stewartry of Annandale and sheriffdom of Dumfries respectively, with all and sundry towers, fortalices, mills, multures, woods, fishings, annexes, connexes, outsets, parts, pendicles and pertinents whatsoever of all and sundry the lands, teind sheaves and others above-specified lying as said is, which were formerly united, created and incorporated in a whole and free tenancy called the tenancy of Dumfedling, together with the feu mails and duties of the same lands above-written, with the pertinents and teind sheaves thereof included, from the act of annexation made in the parliament held at Edinburgh, 29 July 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown. And also his majesty and estates foresaid, understanding that the commendator and convent of the said abbacy of Melrose have lawfully demitted the parish kirk of Westerkirk, parsonage and vicarage thereof, lying within the said stewartry of Annandale and sheriffdom of Dumfries foresaid, with all and sundry teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto to the effect after-specified, therefore our said sovereign lord and estates foresaid have dissolved and, by this act, dissolve the foresaid parish kirk of Westerkirk, parsonage and vicarage thereof, with all and sundry teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto from the abbacy of Melrose and benefice thereof, whereunto the same pertains and pertained of old as a part of the patrimony thereof, to the effect his majesty may give, grant and convey to the said William, earl of Morton, his male heirs and of tailzie contained in the infeftment of the earldom of Morton and lordship of Dalkeith heritably, all and sundry the lands and others particularly above-written with the teind sheaves thereof included, and all and sundry their towers, fortalices, mills, multures, woods, fishings, annexes, connexes, outsets, tenants, tenancies, service of free tenants, feu ferms, parts, pendicles and pertinents of the same whatsoever lying as said is, together with all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the said parish kirk of Westerkirk, parsonage and vicarage thereof, and pertinents of the same, and all right, title, interest and claim of right which his majesty, his predecessors or successors had, has or in any way may claim thereto or any part thereof by any manner of way in time coming, and to the effect the same may be of new erected, created and incorporated in a whole and free tenancy to be called now and in all time coming the tenancy of Dumfedling, and a sasine to be taken upon the ground of the said lands of Dumfedling to be sufficient sasine for all and sundry the lands, teinds and others particularly above-written. And further, our said sovereign lord and estates foresaid decree and ordain that the lands, teinds and others above-written shall never be taxed hereafter amongst the kirk lands or kirk livings with the prelates or ecclesiastical estate in any taxations, contributions or other burdens to be imposed upon this whole realm, but that the same shall be taxed according to the just value and rent thereof with the barons and temporal lords of this realm, and that the same lands, teinds and others above-specified, with their pertinents, shall be esteemed, judged and retoured in all services and retours in all time coming and in the said taxations to the sum of £40 money of this realm of Scotland of old extent, and to the double value thereof, extending to the sum of £80 money foresaid of new extent only. Moreover, his majesty and estates foresaid ordain sufficient and qualified ministers to be nominated and presented by his majesty and his highness's successors to serve the cure at the said kirk of Westerkirk, and that they for their stipend and honest satisfaction shall have thankfully paid to them by the said William, earl of Morton, his male heirs of tailzie and successors to him in the lands and others above-specified the sum of 500 merks money foresaid, together with a sufficient manse and glebe at the said kirk only. Likewise his majesty, with advice foresaid, renounces all right and title which his highness or his successors had, has or in any way may have or claim in and to the thirds of the said kirk of Westerkirk and of the lands and others above-specified with their pertinents, together with the monks' portions, first year's fruits and fifth penny of the same or any part thereof of all years and terms to come; declaring, decreeing and ordaining that the same lands, teinds and others above-written to be free of all payment of the said thirds, monks' portions, first year's fruits and fifth penny in all time coming, notwithstanding of whatsoever acts or laws made in the contrary, and discharging all his highness's officers present and to come from intromission therewith in any time hereafter, to be held of our sovereign lord and his successors in free blench, free heritage and free tenancy for ever, paying thereof yearly to our said sovereign lord and his successors the sum of 40 merks good and usual money of this realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm, and also paying yearly to the minister serving the cure at the said kirk of Westerkirk the yearly duty above-expressed at the terms of payment used and wont, and furnishing bread and wine yearly to the celebration of the communion yearly within the said kirk, and relieving the said minister of all taxations to be imposed upon the teinds, fruits and rents of the said kirk and of the reparation and building of the same kirk in all time coming only.
[1609/4/66]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of [this]† present parliament presently convened ratify and perpetually confirm the charter and infeftment made and granted by his majesty under the great seal to his highness's right trusty cousin and councillor Edward [Bruce], lord Bruce of Kinloss and Dame Magdalene Clark, his spouse, their heirs and assignees therein contained, of all and sundry the lands of Easter and Wester Pitdinnie, with houses, buildings, yards, parts, pendicles and pertinents of the same, and of all and whole that quarter or fourth part of the lands of Pitdinnie acquired by David Reid of Aikenhead from the late Harry Bickerton, writer, and Violet Tweedie, his spouse, lying within the sheriffdom of Fife, and also of the advocation, donation and right of patronage of the parish kirk of Torrie, parsonage and vicarage thereof, which advocation, donation and right of patronage of the said parish kirk are united and incorporated with the said lands of Pitdinnie to remain therewith in all time coming by virtue of the said infeftment, whereof the tenor 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 have given, granted, conveyed, and by the wording of this present charter of ours do give, grant, convey and by this present charter of ours do confirm in favour of our kinsman and councillor Edward, lord Bruce of Kinloss and his spouse Lady Magdalene Clark, and to the one surviving the other in liferent for all the days of their lives, and to their son and heir apparent Edward Bruce, his legitimate male heirs to be born, whom failing his full brother Thomas Bruce and his male heirs born legitimately to him, all of whom failing of any legitimate and close heirs and assignees of the said Edward Bruce, in heritage, all and singly, the lands of Easter and Wester Pitdinnes, with houses, buildings and gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders of the same and all their pertinents, and also, whole and complete, that quarter or fourth part of, all and singly, the foresaid lands of Easter and Wester Pitdinnes acquired by David Reid of Aikenhead from the late Henry Bickerton, scribe, and his spouse Violet Tweedie, with houses, buildings, gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies and services of freeholders of the same, and all their pertinents, lying within our sheriffdom of Fife. All and singly, the foresaid lands mentioned respectively and particularly above, with their parts, pendicles, tenants, tenancies and services of freeholders of the same and all their pertinents formerly belonged in heritage to the foresaid David Reid of Aikenhead; he personally, of his own accord, surrendered them at Whitehall, into our hands as if into the hands of his lord superior, with the express consent and assent of Annabel Bruce, his wife, through his procurators lawfully constituted for this purpose and his letters patent, and 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 our foresaid kinsman Edward Bruce of Kinloss and his foresaid spouse and the sons of the said Edward, in return for this new charter of ours and infeftment to be given and completed in this regard for the said Edward, lord Bruce of Kinloss and his foresaid spouse in liferent and to the said Edward Bruce, their son, and his foresaid heirs and tailzie, in the due form, under our great seal. Further we have given, granted, conveyed and in perpetuity confirmed, and by the wording of our present charter do give, grant, convey and by this present charter of ours confirm in favour of our foresaid kinsman Edward, lord Bruce of Kinloss and Lady Magdalene Clark, his spouse, and of either surviving the other in liferent for all the days of their lives, and of the said Edward Bruce, their son and heir apparent, and his heirs and assignees respectively and successively as mentioned above, in heritage, whole and complete, that other quarter or fourth part of, all and singly, the foresaid lands of Pitdinnes formerly occupied by John Pearson and [...] Cunningham with parts, pendicles and pertinents, tenants, tenancies and services of freeholders of the same, and their pertinents, lying within our foresaid sheriffdom of Fife. This quarter or fourth part of the foresaid lands, with their parts, pendicles, tenants, tenancies and services of freeholders of the same and their pertinents formerly belonged in heritage to the foresaid John Strang of Balcaskie; he personally, of his own accord, surrendered them at Whitehall, into our hands as if into the hands of his lord superior, through his procurators lawfully constituted for this purpose and his letters patent, and 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 our said kinsman Edward Bruce of Kinloss and his foresaid spouse and the foresaid sons, in return for this new charter of ours and infeftment to be given and completed in this regard for the said Edward, lord Bruce of Kinloss and his foresaid spouse in liferent and to the said Edward Bruce, their son, and his foresaid heirs and tailzie, in the due form, under our great seal. Accordingly, for the good, loyal and gracious service offered and given to us by our foresaid kinsman Edward, lord Bruce of Kinloss, and in various other respects and for good considerations which influence us, we have given, granted, conveyed, and by the wording of our present charter of ours do give, grant, convey in favour of our foresaid kinsman Edward, lord Bruce of Kinloss and his spouse Lady Magdalene Clark, and to the one surviving the other in liferent, for all the days of their lives, and to their son and heir apparent Edward Bruce and his heirs and assignees as mentioned respectively and successively, in heritage, all and singly, the foresaid lands of Wester and Easter Pitdinnes, with houses, buildings and gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders of the same and all their pertinents, and also, whole and complete, the foresaid quarter or fourth part of, all and singly, the foresaid lands of Easter and Wester Pitdinnes acquired by the said Henry Bickerton, as has been said, with houses, buildings, gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies and services of freeholders of the same, and all their pertinents, and also, whole and complete, that quarter or fourth part of, all and singly, the foresaid lands of Pitdinnes formerly belonging to the foresaid John Strang of Balcaskie, with houses, buildings, gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies and services of freeholders of the same, and all their pertinents, 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 them or to any part 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, escheat, forfeiture, recognition, purpresture, disclaimer of bastardy, infeftments, sasines or retours, reduction, alienation of the greater or lesser part, or for any other cause, action or occasion preceding the date of our present charter. We renounce, and exonerate them, with all action and instance, on behalf of ourselves and our successors, in favour of our foresaid kinsman Edward, lord Bruce of Kinloss, his foresaid spouse and son and their heirs and assignees respectively and successively as is said, 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. Besides, for the foresaid reasons we have unified, annexed and incorporated, and by the wording of our present charter, on behalf of ourselves and our predecessors, we do unify, annex and incorporate, all and singly, the foresaid lands of Wester and Easter Pitdinnes, with houses, buildings and gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders of the same and all their pertinents, and also, whole and complete, the foresaid quarter or fourth part of the foresaid lands of Easter and Wester Pitdinnes acquired by the said Henry Bickerton, as has been said, with houses, buildings, gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies and services of freeholders of the same, and all their pertinents, and also, whole and complete, that other foresaid quarter or fourth part of, all and singly, the foresaid lands of Pitdinnes formerly belonging to the foresaid John Strang of Balcaskie, with houses, buildings, gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies and services of freeholders of the same, and all their pertinents, into one whole and free tenancy in favour of our foresaid kinsman Edward, lord Bruce of Kinloss, his foresaid spouse and son, and their foresaid heirs and assignees, for all time to come to be called the tenancy of Pitdinnes. We wish and grant and on behalf of ourselves and our successors decree and ordain that a single sasine now to be held by our foresaid kinsman Edward, lord Bruce of Kinloss, his spouse and son, and for all time to come by the heirs and assignees of the said Edward Bruce, shall stand and be taken on any part of the area of the foresaid lands, and shall be for them a sufficient sasine for, all and singly, the foresaid lands and other things particularly and generally mentioned above, with parts, pendicles, tenants, tenancies and services of freeholders of the same and all their pertinents, notwithstanding that they do not lie together and adjacent, but separately, regarding which we, on behalf of ourselves and our successors, have given dispensation and by the contents of our present charter do give dispensation for now and in perpetuity. Besides, considering that the church of Torrie, the rectory and vicarage of the same, lying within our sheriffdom of [...], are vacant and in our hands, as a result of the surrender of the same made by our foresaid kinsman Edward, lord Bruce of Kinloss, the last rector and vicar of the said church of Torrie, as the said surrender states, and bearing in mind that it is necessary that the the rectory and vicarage of the said parish church and parish of Torrie should be granted to and conferred upon persons who are qualified, suitable and discreet, who are fitted by their learning, honesty and suitable morals to carry this kind of charge in performing the function of ministry and the preaching of the Gospel for the comfort of the inhabitants and parishioners of the said church and parish, in which a great sloth and neglect has existed for many years past, and accordingly for the most part the said church has been deprived of the spiritual comfort of a pastor. These inconveniences can grow through the said neglect unless a better remedy can be provided. Hence, wishing to unburden our conscience in fear of the Lord, and wishing to burden the foresaid Edward Bruce, son and heir apparent of our said kinsman Edward, lord Bruce of Kinloss and his foresaid heirs with the provision of the said church in future, and being sure that the right of patronage of the foresaid church will remain in perpetuity for all time in the future with the said Edward and his foresaid heirs, and in various other respects and for good considerations which influence us, we have unified, annexed and incorporated, and by the wording of our present charter do unify, annex and incorporate the advocation, donation and right of patronage of the foresaid church of Torrie and the rectory and vicarage of the same in and to the foresaid tenancy of Pitdinnes, to remain with it inseparably for all time to come. We have made and established, and by the wording of our present charter, on behalf of ourselves and our successors, do make and establish the foresaid Edward Bruce, son and heir apparent of our foresaid kinsman Edward, lord Bruce of Kinloss, and his foresaid heirs, indubitable and irrevocable hereditary patrons of the foresaid church of Torrie and the rectory and vicarage of the same, with special and full authority to them to present appropriate, suitable and qualified persons on behalf of the relevant ordinaries, whenever it should happen that the said rectory and vicarage fall vacant as a result of death, surrender, deprivation or incapacity of the possessors present or future or in any other way, and to enjoy, use and exercise, all and singly, everything which relates to the said advocation, donation and right of patronage, as freely as any other patron can or could within our realm. All and singly, the foresaid lands of Easter and Wester Pitdinnes, with houses, buildings and gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders of the same and all their pertinents, and also, whole and complete, the foresaid quarter or fourth part of the foresaid lands of Easter and Wester Pitdinnes acquired by the said Henry Bickerton, as has been said, with houses, buildings, gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies and services of freeholders of the same, and all their pertinents, and also, whole and complete, that other foresaid quarter or fourth part of, all and singly, the foresaid lands of Pitdinnes formerly belonging to the foresaid John Strang of Balcaskie, with houses, buildings, gardens, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies and services of freeholders of the same, and all their pertinents, are to be held and had by our foresaid kinsman Edward, lord Bruce of Kinloss and his spouse Lady Magdalene Clark and either of them surviving the other in liferent for all the days of their lives, and by their son Edward Bruce and his foresaid heirs and assignees respectively and successively in heritage; also the foresaid advocation, donation and right of patronage of the foresaid church of Torrie, its rectory and vicarage, by the same forementioned Edward Bruce, son and heir apparent of our said kinsman Edward, lord Bruce of Kinloss and his foresaid heirs, in heritage from us and our successors, in fee and heritage and free tenancy in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits, warrens, pigeons and dovecotes, workshops, breweries, brewhouses, whins, woods, groves and thickets, wood, timber, stoneworkings, stone and lime, with courts and their outcomes, inheritance payments, bloodwit and marriage of women, with common pasture and free entry and exit, and with, all and singly, freedoms, advantages, profits and easements and any just pertinents whether named or not, under or above ground, far and near, relating or justly capable of relating in any way in future to the foresaid lands and tenancy, together with the foresaid advocation, donation and right of patronage of the church, rectory and vicarage of the same, and other things respectively and successively mentioned above in detail or in general, with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year our said kinsman Edward, lord Bruce of Kinloss and his foresaid spouse, and after their death their said son and his heirs and assignees respectively and successively, shall render to us and to our successors the rights and services of the foresaid lands with their pertinents which were formerly due and accustomed before the foresaid surrender, provided, however, that if it ever happens at any time in the future that the foresaid lands with their pertinents come into our hands or those of our successors by reason of ward and non-entry on account of minority or lack of heirs and successors of the said Edward Bruce or in any other way, then nonetheless the heirs and successors of the said Edward shall possess, all and singly, the foresaid lands with their pertinents peacefully and freely, and shall enjoy them without any molestation or impediment from us or our successors in any way in the future; the foresaid heirs and successors of the said Edward shall however pay annually to us and our successors for the duration of the said ward and non-entry of the same the sum of 100 merks of the usual currency of our realm of Scotland at the two customary terms of the year, namely the feasts of Pentecost and St Martin in winter [11 November] by equal portions, together with the sum of 300 merks for the marriage of an heir only; for the annual dues the payment of 100 merks, together with the said sum of 300 merks for the marriage of an heir as has been said. We have given, granted, assigned and conveyed, and by the wording of our present charter we do give, grant, assign and convey in favour of the foresaid heirs and successors of the said Edward Bruce the foresaid ward and non-entry of, all and singly, the foresaid lands with tenants, tenancies and services of freeholders, advocation, donation and right of patronage and other things mentioned above with their pertinents, with relief of the same and marriage payment of an heir, whenever those lands happen to come into our hands or those of our successors by reason of ward and non-entry at any time in the future as has been said. In testimony of this we have instructed our great seal to be applied to this present charter of ours.† Witnesses were our beloved kinsmen and councillors 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, etc., president of our college of justice and our secretary, Lord Richard Cockburn, younger, of Clerkington, knight, keeper of our privy seal, Master John Skene [of Curriehill], clerk of our rolls of register and our council, Lord John Cockburn of Ormiston, knight, our justice clerk, and Master William Scott of Elie, director of our chancellery. At Whitehall on 19 February in the year of the Lord 1606 and in the thirty ninth and third years of our reigns, in all and sundry heads, points, articles, clauses, conditions and provisions whatsoever therein contained, and find and declare the same to have been granted by his majesty to the said right trusty cousin and councillor for evident and necessary causes and for the good and thankful service done to his majesty and estate of the kingdom of Scotland by the said Edward, lord Bruce of Kinloss, diverse and sundry times; and therefore decree and ordain the said infeftment to remain and abide in all time coming, as good, valid and effectual rights and securities to his right trusty cousin and councillor and his successors for possessing and enjoying of the said lands of Pitdinnie, with the advocation, donation and right of patronage of the said parish kirk of Torrie, parsonage and vicarage thereof, in all time coming, and that in regard the said kirk of Torrie is already found by the said lords commissioners appointed for modification of the ministers' stipends to be sufficiently provided of a competent maintenance, according to the assignations extracted out of the books of modification, as the said commissioners' warrant hereupon purports.
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Our sovereign lord, with advice and consent of the estates of the parliament of Scotland presently convened, considering the princely duty which binds his highness in the example of his most noble progenitors to impart to his most loving subjects such honours and dignities as their merits and virtuous acts in great services and of profitable offices to his majesty and the common good justly requires, to the end that not only by gratification of his well-affectioned subjects they might continue their ardour and affection in well doing, but also that through their example the noble hearts of his well-qualified subjects may in time coming, through hope of a worthy remuneration, be more prompt and desirous to serve his majesty and his successors to the advancement of the common wealth wherein they were born and nourished; and herewith his majesty, calling to remembrance the most excellent and singular service done to his majesty and to the whole realm of Scotland, upon 5 August 1600, by his dearest cousin and right trusty and familiar servant John, viscount of Haddington, lord Ramsay of Barns etc., at Perth within the lodging of John [Ruthven], sometime earl of Gowrie, in assisting, defending and revenging of his majesty against the said sometime earl and the late Master Alexander Ruthven, his brother, who having most deceitfully and falsely, upon pretence of great service to be done by the said late Master Alexander to his majesty, lured his highness to come from Falkland to the said burgh of Perth to the said sometime earl's lodging, and there the said late Master Alexander, having secretly and treasonably convoyed his highness to the turret of the said lodging upon set purpose to have cruelly and wildly murdered his majesty by assistance of an armed man enclosed therein by the said sometime earl and Master Alexander, and prepared with arms and weapons for that wicked purpose, and the said late Master Alexander, with most vile language and horrible cruelty, having there treasonably put violent hands in his grace's most sacred person, offering himself to the uttermost of his rage and malice to have bereft his majesty of his life, and only prevented by that courageous resistance which his majesty (destitute of all manner of armour, weapons or other help) could possibly make; at the last, by the merciful providence and favour of God, his highness coming to the window of the said turret perforce and in despite of the said late Master Alexander and by his cry making warning to his grace's faithful servants and subjects, being of accident upon the street opposite the said window, of the foresaid most horrible enterprise and treasonable violence used against his majesty's most royal person and life, the said viscount at that time, albeit further removed from the place of his highness's danger than the most part of his highness's remaining faithful servants, yet led by the spirit of God and vehement affection of his highness to spend his life in safety of his most gracious prince and master, came with so wonderful diligence to his majesty's relief that, entering before all others within the said chamber where his highness was so treasonably and cruelly assailed and pursued, and finding his majesty without armour or weapons in that exceptional distress and strife against that desperate traitor provided for that purpose, the said viscount made such help to his majesty that, after certain wounds given with his dagger to the said late Master Alexander, expelled him out of the said chamber, foreseeing the danger that might ensue by the said late sometime earl's prosecuting of the said treasonable enterprise; for better resistance thereof, the said viscount called Sir Thomas Erskine of Gogar and Sir Hugh Herries to his highness's defence, who scarcely could with such diligence come to the said viscount as the foresaid sometime earl, accompanied with a great number of desperate traitors speedily following and forcibly invading them in the said chamber for slaughter of his majesty and his said faithful servants, ready to die in his defence, and having by the advantage of armour and number of his accomplices reduced them to very great extremity, at length the said viscount with marvellous valour and divine success assailed so courageously the said traitors, that having struck the said sometime earl through the heart and wounded sundry of his treasonable complices, expelled them with assistance of the said Sir Thomas and Sir Hugh Herries out of the said chamber, whereby their whole devilish enterprise was disappointed; by the great providence of God and courageous resistance of the king's majesty, with the faithful concurrence of the said viscount and remainder of his highness's faithful servants, his majesty was miraculously preserved, and the whole estates, body and members of his commonwealth thereby delivered from the extreme danger of confusion, wrack and utter subversion. And his majesty, being now most willing to acquit the said service done by the said viscount as is above-expressed by such gratification and memory as is presently possible and with least hurt to his highness's crown of Scotland and patrimony thereof, and his majesty, having now by special instructions proposed to the said estates of parliament the said great services, acts and honourable deeds done to his majesty and to the welfare of the realm in particular by the said viscount, whereupon the said estates have taken full trial and verification, and they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be and to have been great, evident and reasonable causes for the welfare of his majesty and of his said highness's realm of Scotland; and also his majesty and estates foresaid find, decree and declare that his highness, with their advice and consent, may for the said evident causes which they have known and tried to be for the evident welfare of his majesty and realm as said is alienate and convey any part of the lands annexed to his highness's crown to the said John, viscount of Haddington and his heirs and successors heritably, to be held in such manner and for such service as his majesty pleases, and to that effect that the annexation of those lands to the crown which are to be alienated and conveyed shall be simply dissolved from the crown for ever, that the same may be alienated and conveyed to the said viscount, his heirs and successors, and the said estates being ripely and gravely advised what his majesty may alienate and convey with least detriment to his yearly rent and crown, the said estates all in one voice have found and declared and, by the tenor hereof, find and declare that the temporality, property and superiority, with the feu ferms and pertinents of the abbacy and monastery of Melrose, being in his majesty's hands by the general annexation of the whole kirk lands of this realm of Scotland to the crown, together with the spirituality of the said abbacy, kirks, teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging to the spirituality thereof, with the monastery, abbey place, houses, buildings, orchards, yards, dovecots and others lying within the precinct and enclosure of the said abbey, may, for the evident causes above-written, with least detriment to his majesty or hurt to the rent and patrimony of the crown of Scotland, be conveyed to the said John, viscount of Haddington, his male heirs and successors heritably, in most ample form; and therefore the said estates of parliament find it necessary and expedient that our said sovereign lord by his highness's infeftment to be made with the advice of his majesty's ordinary officers, shall erect, unite, treat and incorporate all and sundry the lands, baronies, annualrents, mills, woods, fishings and others whatsoever pertaining to the said abbacy of Melrose by their names in special wherever they lie within this realm of Scotland, together with the whole spirituality of the said abbacy, kirks, teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging to the spirituality thereof, with the said monastery and abbey place, whole houses, buildings, yards, orchards, dovecots and others lying within the precinct and enclosure of the said abbey in a whole and free barony and estate of a temporal lordship of his highness's parliament, and that the same with all privileges and commodities pertaining thereto, together with the honour, dignity and estate of a lord of his majesty's parliament, with the addition of badge and arms, shall be for the evident causes foresaid given, alienated and conveyed to the said John, viscount of Haddington, his male heirs and assignees heritably, to be held of his highness and his successors in free lordship and barony with the honour and dignity of a lord of parliament forever, reserving always the liferent of all and whole the spirituality of the said abbacy of Melrose, kirks, teind sheaves and other teinds, fruits, rents and duties pertaining and belonging to the spirituality thereof, with the said monastery and abbacy place, houses, buildings, yards and others lying within the precinct of the said abbey to James [Douglas of Lochleven], present commendator of the said abbey of Melrose, for all the days of his lifetime only. And to that effect his majesty and estates foresaid of this present parliament dissolve, annul and infringe the said general annexation of the said kirk lands of this realm of Scotland to the crown in so far as it may be extended to the temporality of the foresaid abbacy of Melrose, and ordain that infeftment to be made hereupon to be extended in most ample form, bearing an erection, union and incorporation of all the particulars, both temporality and spirituality of the said abbacy of Melrose in a temporal lordship and barony, and a special remit and discharge, with consent of [George Home, earl of Dunbar], his majesty's treasurer, and of [Master John Preston of Penicuik], his highness's general collector, of the whole monks' portions and of the whole thirds of the said abbacy, as well money as victual, because his majesty will be relieved and discharged of the sustentation of the ministry of the kirks which pertained of before to the said abbacy, and also to bear and contain provision that the said lordship pay all taxations with the temporal lords of the said realm of Scotland, accounting the said lordship to [...] pound land of old extent; and that the said John, viscount of Haddington, his heirs and successors, shall have their relief of the said taxations off all the heritable tenants of the said lands after the rate and quantity of the same lands so often as the said taxations shall occur, and with express power to the said John, viscount of Haddington, his heirs and successors, to retreat and reduce for reasonable causes competent of the law all and whatsoever infeftments, tacks, assedations, rentals, rights and titles of any part of the said lands, kirks, teinds and others above-specified, with all other clauses and provisions which shall be needful for the said viscount, his heirs and successors for possessing of the said lordship and barony. And further to the effect foresaid, his majesty and estates of this present parliament have suppressed and extinguished and by this act suppress and extinguish the memory of the said abbacy of Melrose, that there shall be no successor provided thereto, nor no further mention made of the same in any time hereafter; and to the said alienation and disposition, now as if it were already made and perfected and then as now, his majesty and the said estates of parliament have interposed and interpose their consent and authority, as that deed which is now and shall be in all times hereafter esteemed and judged for the well of our said sovereign lord, and for an evident profit and commodity to his crown and realm of Scotland, excepting and reserving always out of this present act of parliament all regalities of the foresaid lands and lordship of Melrose and others foresaid to our said sovereign lord, to remain with his highness and his successors forever; and also excepting and reserving out of this present act granted in favour of the said John, viscount of Haddington all and sundry the particular lands, with the teind sheaves thereof included, lying within the stewartry of Annandale and sheriffdom of Dumfries, all united, created and incorporated in a free tenancy, called the tenancy of Dumfedling, being a part of the patrimony of Melrose of old, and which whole lands and teinds thereof are specially enumerated and contained in an act of parliament made this instant day erecting and granting the same whole particular lands, with the teind sheaves thereof included, in a tenancy, called the tenancy of Dumfedling, to William [Douglas], earl of Morton, and to his male heirs specified therein, together with the teind sheaves and other teinds, as well parsonage as vicarage, of the parish kirk of Westerkirk, being a kirk of the said abbacy of Melrose of before, after the form and tenor of the said Earl of Morton's act foresaid in all points; and also excepting and reserving out of this present act granted in favour of the said Viscount of Haddington, the lands and barony of Kylesmuir and Barmuir and all and sundry the teind sheaves, other teinds, as well parsonage as vicarage, of the parish kirk of Mauchline, lying within the bailiary of Kylestewart and sheriffdom of Ayr, which also pertained of old to the said abbacy of Melrose, in favour of Hugh [Campbell], lord Loudoun heritably, according to another act granted in his favour in this present parliament; and in like manner excepting and reserving out of this present act of parliament all and whole the lands of Grangemuir, with the pertinents, lying within the constabulary of Haddington, being also a part of old of the lordship of Melrose, to Sir James Hay of Kingask, comptroller to his highness; and also declare this same act granted in favour of the said Viscount of Haddington to be without prejudice of [Andrew Stewart], lord Ochiltree's right and title which he has to the kirk of Ochiltree and teinds of the parish thereof, being likewise of old a kirk of the said abbacy of Melrose.
[1609/4/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, the estates and whole body of this present parliament, perfectly understanding that his highness's right trusty cousin and councillor John, lord Abernethy of Saltoun, the late George [Abernethy], lord† Abernethy of Saltoun, his father, the late Alexander [Abernethy], lord Abernethy of Saltoun, his grandfather, and their predecessors, have been kindly tacksmen and possessors past all memory of man, of all and sundry the teind sheaves and other teinds, both parsonage and vicarage, of the parish kirk of Keith, and of the teind sheaves of the parsonage of Rothiemay, and that all and whole the lands lying within the said parish of Rothiemay, and a great part of the lands lying within the said parish of Keith, pertains heritably to the said John, lord Abernethy of Saltoun; and herewith also advisedly considering that the said John, lord Abernethy of Saltoun has not only lately disbursed great sums of money for renewing of his tacks to the titulars of the said kirks for the time, but also has upon his great expenses and travails conquested the heritable right of the patronage, advocation and donation of the said kirks of Keith and Rothiemay, which kirks were dissolved by our said sovereign lord (there being no titular the time of the same dissolution), but the same then vacant in his highness's hands, and the whole right of the patronage, advocation and donation of the said kirks of Keith and Rothiemay heritably conveyed by our said sovereign lord, and ratified in his highness's parliament, and thereafter conquested and acquired by the said John, lord Abernethy of Saltoun for great sums of money as said is. And our said sovereign lord and estates foresaid, not being willing that the said John, lord Abernethy of Saltoun be frustrated of the great sums of money disbursed by him for renewing of his said tacks and conquesting of the heritable right of patronage, advocation and donation of the forenamed kirks, but that the same tacks and heritable right of patronage stand, remain and abide with the said John, lord Abernethy of Saltoun, his heirs and successors in all times coming, sufficient, valid and lawful rights for possessing of the forenamed teind sheaves and other teinds above-written and heritable right of patronage of the forenamed kirks of Keith and Rothiemay, according to the tenors thereof in all points; therefore our said sovereign lord, with advice of his highness's estates and whole body of this present parliament, finds, decrees and declares the foresaid tacks of the said parish kirks, teind sheaves and other teinds therein contained, with the heritable right of the patronage, advocation and donation of the same kirks acquired and conquested by the said John, lord Abernethy of Saltoun as said is, to have been from the beginning, to be now and in all time coming perfect, sufficient, lawful and valid rights to the said John, lord Abernethy of Saltoun, his heirs and successors, for possessing of the said teind sheaves and other teinds, as well parsonage as vicarage, during the lifetimes and spaces contained in the same tacks and for possessing of the heritable right of the said patronages in all times coming, and that notwithstanding any act or acts of parliament made at any time preceding the date hereof which in any way may be hurtful or prejudicial to this present act or make derogation thereto in any sort, to the which former acts, in so far as the same in any way may be extended to the foresaid kirks of Keith and Rothiemay, tacks or heritable right of patronage thereof, this present act makes and shall make full derogation and is and shall be of as great strength, force and effect to the said John, lord Abernethy of Saltoun, his heirs and successors as if the foresaid kirks, right of patronage and tacks thereof were specially and expressly excepted and reserved out of the said acts and every one of them which in any way may be hurtful and prejudicial to this present act.
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[1609/4/70]*[print] [email] [cite] [preceding] [following]