On the third day of parliament
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The parliament of the most excellent prince James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, held in Edinburgh on 23 October in the year of the Lord 1612 by the said noble and most powerful Lord Alexander [Seton], earl of Dunfermline, lord Fyvie, etc., and all the estates of the realm of Scotland as named below, together with the officials of parliament as on the preceding day.
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Forasmuch as in the parliament held at Edinburgh in the year of God 1597 the estates of this kingdom remitted to his majesty to consult and agree with the general assembly of the kirk upon the authority and power which the archbishops and bishops should have in the policy and discipline of the kirk, whereupon after that his majesty and his commissioners had many times most seriously conferred and advised with the ministry, at last conclusion was taken in the general assembly held at Glasgow in the month of June 1610, discerning all the doubtful and controverted points concerning the jurisdiction, policy and discipline foresaid, with full and uniform consent of a very frequent number of godly ministers, assisted by the council and concurrence of a great many of best affected nobility, barons and commissioners of burghs of this kingdom in manner, substance and effect following, with the explanation made by the estates of parliament presently convened of some of these articles resolved upon in the foresaid assembly of Glasgow.
In the first, the foresaid assembly acknowledges the indiction of the general assembly of the kirk to appertain to his majesty, by the prerogative of his royal crown.
And further ordains that the bishops shall be moderators in every diocesan synod and the synod shall hold twice in the year of the kirks of every diocese, namely: in April and October; and where the diocese are large, that there be two or three synods in convenient places for ease of the ministry; and in case the bishop of the diocese be absent upon any necessary occasion, in that case his place shall be supplied by such a worthy minister bearing charge within the bounds, as the archbishop or bishop shall appoint.
That no sentence of excommunication or absolution thereof be pronounced against or in favour of any person without the knowledge and approbation of the bishop of the diocese, who must be answerable to God and his majesty for all formal and impartial proceeding therein; and the process being found formal, the sentence to be pronounced, at the direction of the bishop, by the minister of the parish where the offender dwells and the process began.
That all presentations to benefices be directed hereafter to the archbishop or bishop of the diocese within the which the benefice, vacant by demission, deprivation, decease or otherwise, lies; with power also to the archbishop or bishop to convey and confer such benefices as fall in his diocese by right of devolution, providing always in case any archbishop or bishop should refuse to admit any qualified minister (accepting the presentation granted to him and who has been once received and admitted to the function of the ministry, being then still undeprived) presented to them by the patron, in the case of any such refusal, it shall be lawful to the patron to retain the whole fruits of the said benefice in his own hands, and either he or the parish wanting a pastor by reason of not planting of the kirk (in case the refusal thereof come by the bishop) may complain thereof to his archbishop; and if either the archbishop be the refuser, or else give not due redress being complained to, in that case the lords of his majesty's privy council upon the parties' complaint of the refusal, and no sufficient reason being given for the same, shall direct letters of horning charging the ordainer to do his duty in the receiving and admitting of such a person as the said patron has presented. It is always declared that if any archbishop or bishop shall discover any such person as is presented to him to have come within compass of a simoniacal agreement with the patron, in so far as he has either already hurt or promised or bound himself to the prejudice and hurt of the state of his benefice, in not reserving a sufficient maintenance for him and his successors, answerable to the estate of his benefice, and that the bishop or archbishop shall understand the same either by the parties' oath, or other clear proof and evidence, in that case they may lawfully refuse any such person presented to them, but if the party who is presented has reserved to himself and his successors a sufficient maintenance, the setting of tacks or promise to do the same, or doing of anything else to his patron (being not prejudicial to that aforesaid maintenance), shall in no way be ascribed to any simoniacal agreement, nor shall not serve for any reason to the archbishop or bishop to refuse him. And in case any such controversy or question shall occur between the patron, the person presented and the archbishop and bishop, it is declared that the lords of council and session shall be judges thereto, to decide upon the said simoniacal agreement and quality of the same if any such thing shall be objected against the party presented.
In deposition of the ministers, the bishop associating to himself the ministry of those bounds where the delinquent served, he is there to take trial of the fact and, upon just cause found, to deprive; and the like order to be observed in suspension of ministers from the exercise of the function.
That every minister in his admission shall swear obedience to his majesty and to his ordainer, according to this form following: I, A. B., now nominated and admitted to the kirk of D., testify and declare in my conscience that the right excellent, right high and mighty prince James VI, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith etc., is the only lawful supreme governor of this realm, as well in matters spiritual and ecclesiastical as in things temporal, and that no foreign prince, state nor potentate has or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm; and therefore I utterly renounce and forsake all foreign jurisdiction, power, superiorities and authorities, and promise that from thenceforth I shall and will bear faith and true allegiance to his highness, his heirs and lawful successors, [and to my power shall assist and defend all jurisdictions, privileges, pre-eminences and authorities granted and belonging to his highness, his heirs and lawful successors]† or united and annexed to his royal crown. And further, I acknowledge and confess to have and to hold the said D. and possession of the same under God, of his majesty and his crown royal of this realm; and for the said possessions, I do homage presently to his highness in your presence, and to his majesty, his heirs and lawful successors shall be true, so help me God. And also that every minister in his admission shall swear obedience to his ordainer, according to this form following: I, A. B., now admitted to the kirk of C., promise and swear to E. F., bishop of that diocese, obedience and to his successors in all lawful things, so help me God.
And if the said benefice be at the presentation of a lay patron, the person presented shall give his oath as follows: I, G. H., now admitted to the foresaid benefice, testify and declare in my conscience that the right excellent, right high and mighty prince James VI, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith etc., is the only lawful supreme governor of this realm, as well in matters spiritual and ecclesiastic as in things temporal, and that no foreign prince, state nor potentate has or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm, and therefore I utterly renounce and forsake all foreign jurisdiction, power, superiorities and authorities, and promise that from thenceforth I shall and will bear faith and true allegiance to his highness, his heirs and lawful successors, and to my power shall assist and defend all jurisdictions, privileges, pre-eminences and authorities granted and belonging to his highness, his heirs or lawful successors, or united and annexed to his royal crown; and I do acknowledge and confess to have and hold the said benefice and possessions of the same under God, by his majesty, of E. F., lawful patron of the same.
That the visitation of each diocese be done by the bishop himself, and if the bounds be greater than he can deal with, that then he make special choice of some worthy man of the ministry within the diocese to visit in his place; and whatever minister, without just cause or lawful excuse made, shall absent himself from the visitation or the diocesan assembly, he shall be suspended from his office and benefice, and if he amend not, he shall be deprived.
That the conventions of ministers for exercise shall be moderated by the bishop being present, and in his absence by any other minister whom he shall appoint at the synod.
Which acts, ordinances, declarations and determinations above-written, his majesty finding to be very agreeable to the true religion professed within this kingdom and to the godly and decent government of the kirk, ministry and whole members thereof, therefore his highness, with advice and consent of the estates of parliament, ratifies, approves and confirms all and sundry the premises, and ordains them and every one of them to be obeyed and observed by all his highness's subjects as inviolable laws in all time coming, annulling and rescinding the 114th act of his majesty's parliament held in the year 1592 and all and whatsoever other acts of parliament, laws, ordinances, constitutions, sentences and customs in so far as they, or any of them, or any part of the same, are contrary or derogatory to any of the articles above-written, as essentially and effectually in all respects as if the said acts and customs hereby abrogated were herein expressed.
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Our sovereign lord and estates in parliament, considering that albeit the good effects of his majesty's careful providence to repress the innumerable disorders, crimes and offences which before his happy attaining to the crown of England were not only frequent but almost ordinary in these bounds of the kingdoms of Scotland and England (which then being the borders of the two kingdoms, are now become the middle shires thereof), have reduced these pains to so good progress of peace and obedience as in so short time could hardly have been expected; nevertheless, it is found by experience that, as well in these shires as in diverse other parts of both kingdoms, some evilly disposed persons are emboldened to attempt and perpetrate many heinous crimes and offences upon hope of impunity if, after the committing of the same in the one country, they may flee and escape to the other and not be sent back to the place of their offence, the practice whereof has made many odious crimes and transgressions heretofore to remain unpunished, to the great contempt of his majesty's authority and universal grief of all good subjects of both kingdoms; for remedy whereof, our sovereign lord, with advice and consent of the estates of parliament, statues and ordains that if at any time after the end of this present session of parliament any person or persons shall commit any crime or offence within the realm of England, which by the laws of the kingdom of Scotland are or shall be declared or ordained to be petty treason, murder, manslaughter, felonious burning of houses and corn, burglary, robbing of houses by day, robbery, theft or rape, and shall flee or escape into this realm of Scotland and be taken and apprehended within any part of the said kingdom of Scotland, bounds and dominions thereof, that then it may and shall be lawful to and for the justice general and his ordinary depute, the sheriff, stewards, lords and bailies of regalities, the commissioners of borders, or any two of them in their ordinary courts, or the justices of peace in their general and quarter sessions, or any four of them, upon due and mature examination of the said offence or offences in open courts or sessions and pregnant proofs of the same by warrant under their hands and seals, to remand and send all such offenders into the realm of England, there to receive their trial for any of the foresaid offences committed by them within the said realm of England in manner above-mentioned, notwithstanding any law, act or constitution made at any time heretofore to the contrary; providing nevertheless that this act or any clause therein contained shall not take effect, force nor execution in any sort, excepting law and act of parliament be made and established within the realm of England, in the first session of the next parliament thereof, for remanding and sending out of the said realm of England into the realm of Scotland all persons who shall at any time hereafter commit any of the crimes or offences foresaid within the realm of Scotland and thereafter flee into England or any part of the dominions of the said kingdom, to receive their trial in due examination and punishment within the realm of Scotland for every one of the said offences committed by them within the said realm of Scotland in manner before mentioned.
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Our sovereign lord, with advice and consent of the estates of parliament, statues that if any of his subjects be mutilated or slain, being at the horn only for civil causes, the slayer being pursued or such as are art or part of the said crimes of slaughter or mutilation before the justice general, his deputes or any other ordinary judge, no allegiance found upon the party slain or mutilated, their being at the horn for any civil cause, shall either prevent process or be a defence to delay process or procure impunity to any of the offenders guilty of the crimes foresaid; and this act to have force, effect and execution for all such crimes above-specified as shall be hereafter committed only.
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Our sovereign lord, with advice and consent of the estates of parliament, statutes and ordains that if any being art or part of ravishing of women be pursued for that heinous offence and defend themselves by the subsequent consent of the woman ravished, or by her declaration that she went with them of her own freewill and consent (albeit in that case the woman's declaration of her consent may exempt them from capital punishment), that if the woman's parents or nearest kinsfolk, or his majesty's advocate, be able to verify by determination of the assize that the fact was at first violently and forcibly done against the party's will and without their consent, the subsequent consent or declaration of the party shall not exempt the offenders from his majesty's arbitral punishment of warding their persons, confiscation of their goods or imposing upon them pecuniary penalties at his majesty's pleasure.
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It is statute and ordained by our sovereign lord and estates in parliament that in time coming in all teinding of corns that the same be teinded at three several times every year if the owners of the corns shall think it expedient, namely: the croft infield corn at one time, the barley at another time and the outfield corn at the third time; and declare that eight days after the complete shearing of each sort of corns being outrun, that it shall be permissible to the owners at the said eight days' end to make requisition upon other eight days to make them thankful teinding; and if the owners get not thankful teinding at the expiring of the said last eight days, the said estates declare that it shall be lawful to the owners of the said corns to teind and stack the same themselves, according to the act of parliament made of before regarding the teinding of corns in all points, and shall incur no danger through that.
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Our sovereign lord and estates of this present parliament, having due consideration that through the occasion of unquietness of the borders of this realm, and of the deadly feuds thereof, there fell out diverse bloodshed, slaughters, mutilations, fire-raising, thefts and other crimes indicting death, as also sundry spuilzies, armed incursions, depredations and robbery of other goods and gear within the said borders; and understanding that through his highness's happy preferment to the crown of England the said borders of both the realms are become peaceable and civil, albeit that the inhabitants thereof are not able to satisfy the bygone damage of parties, therefore our said sovereign lord and estates foresaid find, declare, decree, statue and ordain that all and sundry inhabitants within the bounds of the said borders of Scotland, and specially within the bounds of the sheriffdom of Berwick, Roxburgh, Dumfries and stewartry of Annandale, their heirs, successors and executors, are and shall be freed and exonerated and discharged by virtue of this act of all actions of spoliation and wrongful intromission with whatsoever goods and gear spuilzied and intromitted with by them or their predecessors before his majesty's preferment to the said crown of England, with an express reservation nonetheless of all decreets and sentences already procured and obtained by any person whatsoever before the date of this act, which are declared hereby to be in no way comprehended within the compass of this present discharge. And also his majesty and estates foresaid declare, statue and ordain that the said inhabitants of the said borders, and specially within the sheriffdoms and stewartries respectively above-written, are and shall be free, freed and discharged by this act of all criminal pursuits and actions intended or to be intended or pursued against any of them by any party or persons whatsoever (except only by his majesty's advocate, justices and commissioners depute and to be deputed for that effect), for whatsoever fire-raising, slaughters, mutilations, thefts or other criminal actions whatsoever committed by them, importing or that may import the taking away of their lives, the same being committed before his highness's preferment to the said crown of England only, without prejudice always to his highness's advocate, justices and commissioners to pursue the said criminal actions according to the law, and with express declaration that this present act shall in no way be extended to any crimes, wrongs, facts and deeds done since his highness's preferment to the said crown of England.
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Our sovereign lord, by advice of the three estates of parliament, ordains and statues that the decreets and sentences of all commissars within this kingdom receive such execution by horning as the decreets of sheriffs, admirals, stewards and bailies of burgh, and that the lords of session, upon the sight of the acts and decreets of the said commissars or their precepts lawfully executed by their officers, bearing the party to have been charged upon 15 days, direct letters of horning upon a simple charge of 15 days as in the cases foresaid and according to the act of parliament made in their favour.
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Our sovereign lord, with advice of the three estates, ordains all archbishops, bishops and other ecclesiastical persons to build, repair and maintain their houses and manses in such case as may serve for their dwelling and the dwelling of their successors, and if they or any of them suffer the said houses or manses to ruin or decay in their default the successor shall have action against their executors for the same; as also where the said houses are fallen in decay and shall be built and repaired by any of the beneficed persons upon their own expenses, the next successor shall be obliged to give satisfaction thereof to the heirs or executors of the defunct at the sight of two or three of the bishops within the province, providing that the said satisfaction exceed not the sum of £1,000 if they be prelates, and 500 merks if they be other inferior ministers.
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The which day the commission after-specified, signed by his majesty, was presented before the lords of articles of this present parliament of the estates of this present kingdom, and was then heard, read and allowed of by them, and the said commissioners were desired and required according to his majesty's gracious pleasure and will signified therein to proceed in doing what to them by the said commission was directed, of the which commission the tenor follows: Our sovereign lord, understanding that many laws and acts of parliament wisely instituted for preventing and punishing abuses by pecuniary pains have been so long neglected without any research, trial or punishment of the contraveners or exacting of the fines and penalties appointed for these transgressors, that the most part of the people were led by erroneous opinion to think that the negligence of his majesty's officers in discovery and pursuit of the offenders against these laws had proceeded of his majesty's allowance that the said laws and penalties therein contained should go in disuse and in no way be put in execution, whereby the abuse has had so long toleration and the people so constant persuasion that they would not be pursued nor troubled for the same that the number of the guilty are become so great and the penalties of their contraventions so many that the rigorous exaction of the same might turn to the overthrow of a multitude of his majesty's subjects; for remedy whereof, his majesty, with advice and consent of the estates of parliament, gives and grants full power and commission, express bidding and charge to George [Gledstanes], archbishop of St Andrews, John [Spottiswood], archbishop of Glasgow, Alexander [Lindsay], bishop of Dunkeld, John [Erskine], earl of Mar, Patrick [Lyon], earl of Kinghorn, David [Murray], lord Scone, Sir David Carnegie of Kinnaird, knight, John Scrimgeour of Dudhope, constable of Dundee, Sir Gideon Murray of Elibank, knight, James Nisbet, Master Alexander Wedderburn [of Kingennie], Alexander Rutherford [of Rubislaw], provost of Aberdeen, Sir Thomas Hamilton [of Binning], secretary to our sovereign lord, Sir William Oliphant [of Newton], his highness's advocate, or any eight of them, to convene whatsoever days and places needful and convenient by appointment of the said George, archbishop of St Andrews, there to try and consider which of the said penal laws and acts of parliament have heretofore been left in† disuse, without any controlling or pursuit, as might have induced the subjects to expect impunity of contravening the same, as also which of the acts and statues foresaid merit pardon for bygone contravention and which of them are fit to be authorised in time coming after the said publication shall be severely punished without any further oversight or favour. And whatever the said commissioners, or any eight of them, shall determine and conclude and set down in form of act subscribed with their hands, shall have the form, strength, force and effect of a sure, perfect and absolute pardon and remission to all whom it may concern for past transgression of the foresaid laws, as valuably in all respects as if every one of them had obtained a lawful, formal and particular remission orderly completed under his majesty's hand and seals, with consent of the ordinary officers and with all necessary substance and formality required in the like cases; with certification to all those who shall transgress the laws and acts of parliament hereafter to be published and ordained to have force and execution in time coming shall be pursued and punished thereof with all extremity. Ordaining also this commission, with the acts to be made by virtue thereof, to be inserted and registered in the books of parliament and have the force and execution of an act of the same. According whereunto the aforenamed commissioners have had sundry meetings, and taking hold as well of the necessity of the punishment of such as have contravened the law as of his majesty's most gracious inclination to mercy and compassion, have concluded, decreed and determined as after-follows: In the first, the said commissioners, having consideration of the act and statute of parliament made in the month of December [15]97, whereby all the lieges were inhibited to take any further annual interest or profit than according to the rate and proportion of ten for each hundred in the year, decree and ordain that the same in all time hereafter shall stand in full force, strength and effect, and that the contraveners and breakers of the same shall be with all rigours and extremity punished according to the appointment of the foresaid act of parliament in all points; and as for such as are come within the compass of the breaking and violating of the said act in time past since the making thereof, it is declared that if such person as in time past since the date thereof has exceeded the proportion of twelve for each hundred by taking greater profit or annualrent for their money lent out shall be in like sort, without any mitigation, severely punished according to the tenor of the said act of parliament. And in like sort it is declared that all such persons who since the term of Martinmas [11 November] 1611 (at which time, by his majesty's direction and appointment, the offenders in that case and violators of the foresaid act of parliament were pursued) have given out their money and taken more profit and annualrent than ten for each hundred, shall in like sort be punished as breakers and contraveners of the foresaid act; but as for such persons who since the date of the foresaid act and before the said term of Martinmas 1611 have not exceeded the proportion of twelve for each hundred, his majesty's aforesaid commissioners, upon [the knowledge of]†his majesty's pleasure therein, whose superabundant love and mercy to his subjects was never wanting, and the security of the offenders in this case who, finding no prosecution of any punishment upon the breakers of the statute for such a continuance of time, did thereupon presume to themselves impunity, being some argument of his majesty's compassion towards them, it is therefore by the said commissioners decreed and determined that all and every person who has come within the compass of violating of the said act, and that from the date thereof to the said term of Martinmas 1611, did never exceed nor transcend in taking of profit or annualrent for money lent out by them the proportion of twelve for each hundred, shall be freely discharged, exonerated and pardoned of all pain, fine and punishment which the said act of parliament does appoint to be inflicted upon the contraveners and breakers of the same, but it is no way hereby meant that this shall be a liberation to those who have in any sort since the date of the act of parliament exceeded the proportion of twelve or that have taken more than ten since the said term of Martinmas 1611, but the offenders in any of these cases to be punished as the law has appointed. And also, the said commissioners, upon the reasons and considerations before rehearsed, have discharged simply the whole subjects and lieges of this realm of all such bygone penalties, fines and punishments which they or any of them have incurred through the breaking and violating of any of the acts and statues of parliament hereafter expressed in times past only and no otherwise: they are to say, the acts of parliament made regarding apparel, the acts of parliament made regarding taverners, the acts of parliament made regarding transporting of gold and silver, the acts of parliament made regarding maltmen, the acts of parliament made regarding exchanging of gold and silver and taking thereof above the king's price, the acts of parliament made regarding eating of butcher meat in Lent and forbidden days, the acts of parliament made regarding using of confections beyond sea, the acts of parliament made regarding the transporting of forbidden goods, the acts of parliament made regarding transporting of skins and the acts of parliament made regarding the packing and transporting of herring before Michaelmas [29 September]; and ordains the same whole acts of parliament and every one of them to stand in their own strength, force and effect in all time coming after the form and tenor thereof, and ordains the same to be put to due execution, and the transgressors thereof to be fined and punished according to the fines and punishments mentioned therein.
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Our sovereign lord and estates of this present parliament ratify and approve and, for his majesty and his successors, perpetually confirm the infeftment made and granted by his majesty to his highness's dearest spouse Anne, by the grace of God, now queen of Great Britain, France, and Ireland, and to the heirs lawfully procreated or to be procreated between his majesty and his highness's dearest spouse foresaid, which failing (as God forbid) to his highness's heirs and successors whatsoever to the crown of the kingdom of Scotland, of all and whole the monastery and abbacy of Dunfermline lying on both sides of the water of Forth, containing all and sundry the lands, lordships, baronies, mills, woods, fishings, mansions, manor places, kirks, teinds, kirk lands, tenants, tenancies, service of free tenants, yards, orchards, feu mails, ferms, kanes, customs, annualrents, and others particularly and generally contained in the said infeftment, proceeding upon the resignation of Henry Pitcairn of that Ilk as commendator of the said abbacy of Dunfermline for the time, with consent of the convent thereof, in manner and to the effect mentioned in the same infeftment, which are thereby united, erected and incorporated in a whole and free temporal lordship to be called in time coming the lordship of Dunfermline, to be held of our sovereign lord and his successors in free blench, free heritage and free lordship for ever, for the yearly payment of 6s 8d money of this realm of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked only, likewise at more length is contained in the said infeftment under his highness's great seal of the date at Linlithgow, 7 March 1593 [1594], and of his highness's reign the 27th year, with the precept and instrument of sasine following thereupon, together with all and sundry infeftments either passed by resignations or confirmations, precepts upon retours, or by precepts of clare constat, gifts of offices, tacks of teinds of lands or other teinds whatsoever, dispositions by form of indenture, contract or assignation of any yearly duties, rents or commodities pertaining and belonging to the said lordship of Dunfermline and patrimony thereof, of whatsoever date or dates, tenor or contents the same be of, either already made, given and granted or that hereafter shall happen to be made, given and granted to whatsoever person or persons, their heirs and assignees by our sovereign lady as Lady of Dunfermline, with consent, assent and authority of our said sovereign lord, her majesty's dearest bedfellow, for his highness's interest, and with advice, consent and assent of Alexander [Seton], earl of Dunfermline, chancellor, Walter [Stewart], lord Blantyre, the late Master John Lindsay of Balcarres, the late Master James Elphinstone of Invernochty, Sir Thomas Hamilton of Byres, knight, secretary, the late Alexander Hay of Easter Kennet, clerk register for the time, and Master Peter Young of Seaton, almoner to his majesty, or any four of them, her majesty's counsellors nominated by our said sovereign lord, with advice of the estates of his highness's parliament held at Edinburgh in the month of July 1593, or with consent of such other person or persons nominated and placed as councillors to her majesty since the decease of any of the persons particularly above-named, or with consent of any others, her majesty's counsellors who shall happen at any time hereafter to be nominated in place of the persons above-named either already deceased or that hereafter shall happen to decease, in manner and form as is prescribed in the said act of parliament in the said month of July 1593, in all and sundry points, passages, heads, articles, clauses, circumstances and conditions whatsoever therein contained after the forms and tenors thereof respectively in all points. And our said sovereign lord and estates foresaid will and grant, declare, decree and ordain that this present confirmation is and shall be as valuable, effectual and sufficient in all respects as if the foresaid infeftments, charters, precepts and instruments of sasine granted to our said sovereign lady of the said whole lordship of Dunfermline, together with the other infeftments, precepts, gifts of offices, tacks, indentures, contracts, assignations and others above-written, either already made, given and granted by her majesty, with consent, assent, authority and advice foresaid, to any person or persons containing disposition, tack, gift or other right of the said lordship and patrimony of Dunfermline, or any part of the same, were at length word by word engrossed herein.
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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 and prejudiced; for remedy whereof, it is statute and ordained that no ratification passed in this present session of parliament should be prejudicial to any private parties' right, but that the said ratifications be always understood, whether they be general or special, to be saving the right of anyone.
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Forasmuch as the estates of this present parliament of this kingdom, justly acknowledging their own happiness in living now in the time and under the most just and gracious rule and government of their most dread sovereign, the king's most excellent majesty, to whom both by due of their birth, debt of their subjection and daily bond of their infinite benefits and favours received, holding themselves justly obliged to bestow their whole lives and estates in anything might breed to his gracious majesty any just content, and understanding of his majesty's most honourable intention of the marriage of the most noble princess the Lady Elizabeth, his daughter, whereby his majesty will be driven to great and infinite charges by the resort and entertainment of strangers, by the payment of his daughter's tocher, and in the furnishing of her and her grace's attendants and retinue with all necessary provision, when after solemnising of the marriage and the fitting season of the year the princess is to be transported to the territories of her future husband, the said estates, for a sign, token and testimony of their dutiful affection and devoted service to his majesty, do humbly entreat and beg of his majesty the gracious acceptance in good part of their benevolence after-specified, offered to supply some part of these great expenses and charges whereunto by this so royal and necessary occasion his highness shall be driven, they wanting no will if their wealth would answer to defray the whole, and therefore have concluded, determined and agreed to a taxation of £240,000 usual money of Scotland, which with most thankful hearts they offer to his majesty, to be imposed, collected and paid to his highness by the estates and divided amongst them in manner and at the terms after-specified: that is to say, £60,000 thereof as for the first term's payment thereof at the feast and term of Whitsunday [23 May] 1613; another £60,000 as for the second term's payment thereof at the feast and term of Whitsunday [12 June] 1614; another £60,000 as for the third term's payment thereof at the feast and term of Whitsunday [28 May] 1615; and the last £60,000 in complete payment of the said whole taxation of £240,000 at the feast and term of Whitsunday [19 May] 1616. And for collection and payment of the spiritual men's part of the said taxation, the archbishops, bishops and abbots, as representing the whole body of the spiritual estate, have willingly granted that the same estate shall underlie and be subject to the payment of the just half of the said taxation; and to this effect, that all archbishoprics, bishoprics, abbacies, priories and other inferior benefices shall be stented and pay at every one of the four terms above-written such sums of money as shall be set down in the tax rolls to be made thereupon according to the form observed in the late cases heretofore. And for payment of the temporal men's part of the said taxation, the earls, lords and commissioners of shires, as representing the whole body of the temporal estate, have willingly granted that the same estate shall underlie and be subject to the payment of the two sixth parts of the same taxation; and to this effect that there shall be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of his majesty's proper lands at every one of the four terms above-specified, the sum of [...] money. And for the burghs' part of the same taxation, the commissioners of burghs, as representing the whole body of that estate, have willingly granted that the same estate shall underlie and be subject to the payment of the just sixth part of the said taxation, and the same to be divided amongst them according to the form observed heretofore in the like cases and paid by equal portions at the four terms above-specified. And in regard that his majesty has erected sundry prelacies in temporal lordships, whereby the owners thereof may claim to be taxed with the barons of the temporal estate and thereby his highness will be defrauded of a great part of the said taxation, therefore it is statute and ordained that all erections of prelacies in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the same taxation according to the rate as they would have been subject to pay as if they were in no way erected and as they paid before the erection of the same. And also it is statute and ordained that all dissolved benefices within this realm shall be subject in payment of so much of the taxation according to the rate as they would have been subject to pay so the same had not been dissolved. And to the effect that all his majesty's subjects may be put in certainty what they ought to pay proportionally at each term for their parts of the said taxation according to the lands and others for the which they shall be held to pay taxation, the said estates have given full power and commission to the right reverend fathers in God Alexander [Lindsay], bishop of Dunkeld, Alexander [Douglas], bishop of Moray, George [Graham], bishop of Dunblane, Patrick [Lyon], earl of Kinghorn, Robert [Lindsay], lord Lindsay [of the Byres], Robert [Ker], lord Roxburghe, Sir Thomas Hamilton of Byres, knight, secretary to our sovereign lord and Sir Alexander [Hay of] Whitburgh, knight, clerk register, Sir David Carnegie of Kinnaird, James Wemyss [of Bogie], Sir Gideon Murray of Elibank [...],† Master Alexander Wedderburn [of Kingennie], clerk of Dundee, Sir George Bruce of Carnock and John Lockhart [of Boghall], burgess of Ayr, [...]† to the most part of them to see and consider the rolls whereupon any person has been charged of before to make [...]† of bygone taxation, that after due examination of the same, respect being had to the quantity of the present taxation [...]† granted by the foresaid estates and to the proportion to be paid by each one of his majesty's subjects who are astricted [...],† the said commissioners or most part of them may make up a perfect stent roll whereupon all charges shall be [...]†directed against any of his highness's lieges for payment of their part of the said taxation, according to the particular [...]† to be imposed upon each pound land by the commissioners foresaid and to be specially mentioned in the said stent roll [...].† Further, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons [...]† may think themselves free of payment of this present taxation, excepting only the privileges granted to the [...]† senators and members of the college of justice.
[1612/10/20]*[print] [email] [cite] [preceding] [following]
Forasmuch as the three estates convened in this present parliament, understanding of the king's majesty's most honourable intention for the marriage of the noble princess, his highness's dearest daughter the Lady Elizabeth, and therewith considering that they are bound in duty to bear a part of the burden of the great and extraordinary charges that his majesty shall be at by reason of the said marriage, they have therefore freely and voluntarily offered and granted to his most excellent majesty a taxation of £240,000 usual money of Scotland, to be divided amongst the said estates in manner following: that is to say, the just half thereof extending to the sum of £120,000 money foresaid to be paid by the spiritual estate, two sixth parts thereof extending to the sum of £80,000 money foresaid to be paid by the barons and freeholders and the feuars of his majesty's proper lands, and a sixth part thereof extending to the sum of £40,000 money foresaid to be paid by the burghs; and the same whole taxation to be paid to his most excellent majesty by equal portions at the terms after-specified: they are to say, £60,000 as for the first term's payment thereof at the feast of Whitsunday [23 May] 1613; £60,000 as for the second term's payment thereof at the feast and term of Whitsunday [12 June] 1614; another £60,000 as for the third term's payment thereof at the feast of Whitsunday [28 May] 1615; and the last £60,000 in complete payment of the said whole sum of £240,000 as for the last term's payment thereof at the feast and term of Whitsunday [19 May] 1616; and for collection of the spiritual men's part of the said taxation, ordains letters to be directed charging all and sundry archbishops, bishops, abbots, priors, as likewise noblemen and others in whose favour the erection of any prelacy or other inferior benefice or any part or portion thereof, be it in lands, kirks or teinds, or in whose favour the patronage of any benefice, kirks or teinds is passed, and all other beneficed persons contained in the tax rolls, their chamberlains, factors and intromitters with their rents and living, to make payment of that sum that they and every one of them are taxed into for every one of the said four terms' payment to the collector general to be appointed by his majesty for receiving of the said whole taxation, or to his deputes and officers in his name having his power to receive the same, at the particular terms above-specified, under the pain of rebellion and putting of them to the horn; and if they fail therein at the passing of every one of the said terms, to denounce the disobeyers rebels and put them to the horn and escheat etc.; and that the prelates and beneficed persons and such noblemen and others in whose favour the erections and patronages above-written are passed for their relief have letters charging their vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to make payment of their parts of the said taxation, each one of them according to the rate according to that sum that they shall be taxed to, to the said prelates and other beneficed persons; and to the said noblemen and others having erected benefices and patronages of kirks, their chamberlains, factors and others in their names having their power to receive the same within 20 days next after the charge, under the pain of rebellion and putting of them to the horn, and if they fail, to denounce the disobeyers etc. and to escheat etc., and if need be to poind and distrenzie thereof as they shall think most expedient; providing always that the first term's payment of the said taxation be ever past before the next term's payment be charged for, always declaring that the production of sufficient hornings against the said vassals, feuars, tacksmen and pensioners shall be a relief to the said prelates and beneficed persons, and shall exonerate them for as much from payment of the same taxation, providing that the same hornings, with their tax rolls authentically made and subscribed by the said prelates and beneficed persons and by their feuars, vassals, tacksmen and pensioners, containing the particular sum that every of them are taxed to, be delivered to the collector of the same taxation within the space of 60 days after each term, otherwise he shall in no way be obliged to receive the same, neither shall the prelate and beneficed person be exonerated by production of the same at any time thereafter. And further, that the said prelates and such noblemen and others in whose favour the erections and patronages above-written are passed and all other beneficed persons may have their relief of their said vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to their greater ease and less trouble to their said vassals and others foresaid, and to the effect that every one proportionally may pay his part of the said taxation according to the quantity and value of the free rent he has of his benefice, lands, pension, kirks and teind sheaves pertaining to him, as well the prelate, lord of the erection and patron and other beneficed persons themselves as the feuar, tacksman and pensioner, it is thought expedient, statute and ordained that the said prelates and others above-rehearsed, every one of them, shall convene severally his whole feuars, vassals, tacksmen and pensioners at the particular places hereafter designed: they are to say, [George Gledstanes], archbishop of St Andrews at the city of St Andrews, [John Spottiswood], archbishop of Glasgow at the city of Glasgow, [James Law], bishop of Orkney at the town of Kirkwall, [Alexander Forbes], bishop of Caithness at the town of Dornoch, [David Lindsay], bishop of Ross at the town of the Chanonry of Ross, [Alexander Douglas], bishop of Moray at the town of Elgin, [Peter Blackburn], bishop of Aberdeen at the burgh of Aberdeen, [Andrew Lamb], bishop of Brechin at the burgh of Brechin, [Alexander Lindsay], bishop of Dunkeld at the town of Dunkeld, [George Graham], bishop of Dunblane at the town of Dunblane, [William Couper], bishop of Galloway at the burgh of Wigtown, [John Campbell], bishop of Argyll at the burgh of Inveraray, [Andrew Knox], bishop of the Isles at the burgh of Rothesay in Bute, [Alexander Campbell], abbot of Iona at the burgh of Inverness, the prior of Ardchattan at the town of Inveraray, the abbot of Fearn at the burgh of Tain, [Hay], lord Beauly at the burgh of Inverness, the Lord of Kinloss at the burgh of Forres, the prior of Pluscarden at the burgh of Elgin, the Lord Deer at the town of Peterhead, the prior of Fyvie at the town of Turriff, [Robert Forbes], prior of Monymusk at the burgh of Monymusk, the Lord of Arbroath at the burgh of Arbroath, [David Murray], lord Scone at the burgh of Perth, [James Elphinstone], lord Coupar at the town of Coupar in Angus, the prior of Restenneth at the burgh of Forfar, the collector of the taxation in place of the prior of Charterhouse, the seat now vacant, at the burgh of Perth, the prior of Elcho at the same burgh of Perth, the prior of Strathfillan at the town of Inverary, the Lord of Inchaffray at the burgh of Perth, the prior of Inchmahome at the burgh of Stirling, [Ludovic Stewart, duke of Lennox], prior of St Andrews at the city of St Andrews, the bailie of the regality of Dunfermline at the burgh of Dunfermline, [James Elphinstone], lord Balmerino at the burgh of Cupar in Fife, the masters of St Leonard's college in St Andrews for the priory of Portmoak at the burgh of Cupar in Fife, the prior of Pittenweem at the burgh of Pittenweem, [James Stewart], lord St Colme at the burgh of Inverkeithing, [James Colville], lord [Colville] of Culross at the burgh of Culross, [Alexander Erskine], abbot of Cambuskenneth at the burgh of Stirling, [James Sandilands], lord Torphichen at the burgh of Linlithgow, the prior of Manuel at the burgh of Linlithgow, [John Bothwell], lord Holyroodhouse at the burgh of Edinburgh, the Lord of Newbattle at the burgh of Edinburgh, the prioress of Haddington at the burgh of Haddington, the lord of the temporal lands of the priory of North Berwick at the burgh of North Berwick, the patron and parson of the kirk of Kilconquhar, dissolved from the priory of North Berwick, at the town of Elie, the patron and parson of the kirk of Largo, dissolved from North Berwick, at the town of Largo, the patron and parson of the kirk of Maybole, dissolved from North Berwick, at the burgh of Maybole, the patron and parson of the kirk of Logie, dissolved from North Berwick, at the burgh of Stirling, the Lord of Kelso at the town of Kelso, the Lord of Coldingham at the town of Eyemouth, the Lord of Dryburgh at the town of Dryburgh, [George Home], prior of Eccles at the town of Duns, [Mark Kerr], prior of Coldstream at the town of Duns, the Lord of Jedburgh at the burgh of Jedburgh, the Lord of Melrose at the town of Melrose, [Claud Hamilton], lord Paisley at the town of Paisley, [Walter Stewart], lord Blantyre at the burgh of Glasgow, the lord and bailie of the temporal lands of Kilwinning at the burgh of Irvine, the patrons and parsons of the kirks of Kilwinning dissolved from the abbey of Kilwinning at the burgh of Irvine, [John Vans of Barnbarroch], abbot of Crossraguel at the town of Maybole, the prior of Whithorn at the burgh of Whithorn, [John Hamilton], abbot of Soulseat at the burgh of Whithorn, the prior of St Mary's Isle at the burgh of Kirkcudbright, the Lord of Dundrennan at the burgh of Kirkcudbright, the Lord of Glenluce at the burgh of Wigtown, [William Melville], abbot of Tongland at the burgh of Wigtown, [Robert Spottiswood], abbot of New Abbey† at the burgh of Dumfries, [John Johnston of Castlemilk], abbot of Holywood at the burgh of Dumfries, prior of Canonbie at the burgh of Annan, the baron of Broughton and bailie of the barony of Broughton, dissolved from the lordship of Holyroodhouse, at the burgh of Edinburgh, the heritors of a hundred pound land of the barony of Monkland, dissolved from the lordship of Newbattle, at the burgh of Glasgow, the minister of Failford at Ayr, Scotlandwell at St Andrews, Peebles at Peebles, the patron and parson of the kirk of Dundee, dissolved from the abbacy of Lindores, at the burgh of Dundee, and all other small beneficed parsons at the parish kirks of their particular benefices, and that they convene to the effect above-written upon 6 April 1613, which is declared to be the precise day appointed for all these vassals, feuars, tacksmen and pensioners to keep the said meeting, and that no further citation nor summoning shall be requisite than the proclamation and publication of this present act at the market crosses of the head burghs of this realm. And herewith it is resolved by the said estates that if any vassal, subvassal, feuar, tacksman of teinds, pensioner or any other justly bound to make relief to the prelate, lord of any erection, patron or other beneficed man of any part of the said taxation, shall send any procurator in his name sufficiently authorised to the said meeting, the same shall not only excuse the absence of the principal party, but the prior in all things shall be admitted and received to do and perform in the distribution of the said taxation what could or might have lawfully been done by him who sent him. It is in like manner declared that the prelate, lord of erection, patron or other beneficed person impeded by disease or distracted upon some necessary occasion from attending that meeting, having his absence that day supplied by any sufficient worthy person whom he shall appoint and authorise to that effect, shall be as lawful as if he were personally present himself, and the party so authorised shall be in all things admitted and received to do and perform in the distribution of the same taxation what could or might have lawfully been done by him who sent him. It is further statute and ordained that at the said day of meeting the said prelates, lords of erections, patrons and other beneficed persons shall by themselves or their procurators lawfully authorised as said is show to their said vassals, feuars, tacksmen and pensioners or their procurators the quantity of their taxation imposed upon their prelacy, erected lordship or other benefice, authentically subscribed by the clerk of the same taxation, and they all, at least so many as shall convene for this effect, with one consent, shall distribute the same to be paid by every man, as well by the prelate, lord of erection, patron and present possessor of small benefices for the free rent that every one of them has of their prelacies, erected lordships and small benefices, as by the vassal, tacksmen, feuar and pensioner according to the great or small quantity of the free rent that every one of them has, either of their lands, teinds or pensions; with certification to any of the said persons, feuars, vassals, tacksmen or pensioners that compears not by themselves or their priors at the day and places above-specified to the effect foresaid, that such as shall convene with the said prelates, lords of erections, patrons and other beneficed persons or their priors shall proceed in the equal distribution of the same taxation as well amongst them that are absent as present, and shall make and subscribe an authentic tax roll thereupon. And in case that none of the said vassals, feuars, tacksmen and pensioners shall convene at the day and places above-specified to this effect by themselves or their procurators, but shall wilfully absent themselves from the said meeting, it shall be lawful for the said prelates, lords of erections, patrons and other beneficed persons being present by themselves or their procurators at the day and places above-specified to make, set down and subscribe the same tax roll. And in case any of the said prelates, lords of erection, patrons and other beneficed persons shall not convene by themselves and their priors at the day and places above-specified particularly designed to every one of them, it shall be lawful for the said vassals, feuars, tacksmen and pensioners, or at least so many of them as shall convene by themselves or their priors, to make, set down and subscribe the said tax roll, which tax roll shall contain the particular sum that every one shall be found justly due to pay, the parties' name due to pay the same and the cause wherefore the same ought to be paid, and being so set down either by the prelate, lord of erection and other beneficed person with consent of their whole vassals, feuars, tacksmen and pensioners, or with the consent of the most part of so many of them as shall happen to convene to that effect; and in case of all their absence, being made, set down and subscribed by the said prelate, lord of erection, patron and other beneficed person or their lawful procurator, or in case of their absence being set down, made and subscribed by the most part of so many of the said vassals, feuars, tacksmen and pensioners by themselves or their priors [as] shall convene themselves to that effect, the said estates discern to be as lawful in all respects as if the whole number of persons having interest therein had convened, made, set down and subscribed the same. And for collection of the barons' and freeholders' part of the said taxation and of the feuars and renters of our sovereign lord's proper lands, their parts thereof, ordain letters to be directed charging all and sundry sheriffs, stewarts and bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands that they and each one of them within the bounds of their offices raise and uplift the sum of 18s money of this realm off every pound land of old extent lying within the bounds of their jurisdictions for every one of the four terms above-specified, and collect and deliver the same to the collector foresaid or to his deputes and officers in his name having his power to receive the same at the particular terms above-specified, under the pain of rebellion etc.; and if they fail therein at the bypassing of every one of the said terms, to denounce and to escheat etc., and for their relief that letters be directed charging all and sundry earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands to make payment to the said sheriffs, stewarts and bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, each one of them respectively for their own parts of the said sum of 18s money foresaid for every pound land of old extent pertaining to them for every one of the said four terms' payment within 20 days next after they be charged thereto, under the pain of rebellion etc.; and if they fail etc., to denounce and escheat etc., and if need be that the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie thereof as they think most fit and expedient. And that the said earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands have letters for their relief to charge their vassals, subvassals, ladies of terce, conjunct fiars and life-renters to make payment of their parts of the same taxation within 20 days next after the charge under the pain of rebellion, etc., and if they fail, to denounce and escheat etc., and if need be to poind and distrenzie etc., providing always that the first term's payment of the said taxation be ever past before the next term's payment be charged for. And for collection of the burghs' part of the same taxation, ordain letters to be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the collector general foresaid, his deputes and officers in his name having his power to receive the same, at the particular terms above-specified, under the pain of rebellion etc., and if they fail etc., to denounce and to escheat, and for their relief that letters be directed charging all and sundry inhabitants within each burgh to convene and elect certain persons to stent their neighbours; and the said election being made, to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of each burgh, and to convene and set the same and make a stent roll thereupon as pertains within 24 hours next after their charge under the pain of rebellion etc., and if they fail, to denounce and escheat etc.; and also the said stent roll being made and set as said is, to charge the burgesses, indwellers and inhabitants within each burgh to make payment of their parts of the said item to the said provosts and bailies according to the tax roll to be given out thereupon within three days next after the charge, under the pain of rebellion etc., and if they fail, to denounce and to escheat etc., and if need be that the said provost and bailies poind and distrenzie thereof as they shall think most fit and expedient. It is always provided that no person whatsoever be stented or taxed within the burgh except according to the value and quantity of his rent, living, goods and gear that he has within burgh, in no way respecting his lands and possessions which he has to landward, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the said taxation be ever past before the next term's payment be charged for. Moreover, his highness and his said estates decree and declare that the charges to be given for payment of the same taxation shall be executed before the terms of payment above-specified for every term's payment particularly by itself, and that the denunciation of horning following thereupon shall not be executed until the term of payment be past, which denunciation so following upon the charges given before the said terms of payment, the said estates decree and declare to be valid and sufficient. Moreover, his majesty and the said estates, considering the great abuse that has been used in all time bygone by sundry of the lieges of this realm against all good conscience in causing there our farmers, tenants and labourers of their ground, being removable, who are subject in payment of very dear ferms and other duties, to relieve them of the whole burden of the bygone taxations, which has been the occasion of the impoverishing of a great number of the said poor labourers, tenants and farmers and bringing of them to utter wrack and ruin, whereas of reason they should be altogether free from the payment of any taxation, and the same should be paid by such as have free rents, lands and goods of their own; for remedy whereof, it is statute and ordained that no person whatsoever exact or compel his tenants or farmers removable who pay him ferm and other dear duties for their lands occupied by them to pay any part of this present taxation or to suit relief of the same at their hands; and if the same be found done by any persons, that they shall be called and convened thereof before his highness's justice and their deputes as violent and masterful oppressors of his highness's subjects and punished for that according to justice. And his highness and estates foresaid ordain the lords of session to be only judges to all suspensions to be craved and suited by any of our sovereign lord's lieges touching the said taxation, which suspension his majesty and estates foresaid find may be granted upon lawful and equitable reason to be considered by them, and discharge all other judges within this realm of granting of any suspension relating thereto, with power to the said lords to delegate five at the least of their ordinary number as they think expedient to sit, examine and decide the said suspensions in time of vacation if need be.
[1612/10/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament, after mature deliberation and advisement, trial and cognition carefully and diligently taken by them, perfectly understanding that the contract and appointment passed between our said sovereign, with advice of the lords commissioners of his majesty's rents and lords of his highness's privy council of the kingdom of Scotland on the one part, and Sir John Arnott of Birswick, knight, with express consent and assent and advice of William and James Arnott, his lawful sons, on the other part, regarding the alienation and disposition made by the said Sir John and his sons foresaid to our said sovereign of sundry lands, isles and others specified in the same contract lying within the bounds of Orkney and Shetland, is made for the augmentation of the patrimony of his highness's crown of the kingdom of Scotland and so for the evident commodity, manifest utility and welfare of the realm of Scotland, lieges and subjects thereof, therefore our said sovereign, with advice and consent of his majesty's estates for them and their successors, ratifies, approves and perpetually confirms the foresaid contract and appointment in all and sundry points, heads, articles, clauses, circumstances and conditions thereof, and whole alienations, dispositions, bonds, obligations and assignations therein expressed, with the promise made by his highness in the word of a prince by the said contract to cause the said Sir John Arnott, his heirs, executors or assignees be thankfully paid out of the readiest and best payment of his highness's customs of the kingdom of Scotland of the sum of £300,000 usual money of the realm of Scotland at the terms and in manner therein specified, as the same contract of the date at Theobalds in England, and at Edinburgh respectively, 21 September and 9 October 1612, registered in the books of session and council 13 October the year of God foresaid, in the self at more length purports, together with all and whatsoever warrandice granted or to be granted by our said sovereign in favour of the said Sir John Arnott or his foresaids for thankful and ready payment to be made to the said Sir John or his foresaids of the sums of money or any part thereof promised to them by the said contract of whatsoever dates, tenor or contents the foresaid warrandice be, declaring hereby that the customs officials, farmers and tacksmen of his majesty's customs within this kingdom present and being for the time are, and shall be, obliged in payment to the said Sir John and his foresaids of the whole sums, quantities and proportions mentioned in the said contract at the several times therein prescribed; and the said Sir John and his foresaids, their acquittance to be given to the said custom officials shall be as sufficient to them according to amount as if a discharge had been given to them by the receivers of his majesty's rents and to be allowed and deducted to them in their accounts; and will and declare also this present ratification to be of as great strength, force and effect as if the foresaid contract and warrandice, whole tenor and contents thereof were word by word at length inserted herein; concerning which, our said sovereign and estates dispense by this ratification, and ordain the said Sir John to be thankfully paid of the sums promised to him by the said contract at the terms and in manner therein contained.
[1612/10/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament, perfectly understanding that the augmentation of the patrimony and revenues of the crown of this realm not only serves for the promoting and maintenance of his highness's honour and royal estate, but also relieves greatly his majesty's subjects of great charges and diverse burdens, and to this effect our said sovereign, after long and mature deliberation taken thereupon by advice of the lords commissioners of his majesty's rents and lords of his highness's privy council of the kingdom of Scotland, has contracted with his trusty councillor Sir John Arnott of Birswick, knight, William and James Arnott, his lawful sons, for all right, title and interest that they or any of them has or may pretend to any lands, annualrents, isles, skerries, holms, mills, multures, fishings and others whatsoever lying within the earldom of Orkney and lordship of Shetland, or within the bounds of Orkney and Shetland or any part thereof, to the intent that the same may be annexed and appropriated to the patrimony of the crown of his highness's kingdom of Scotland, and has promised in the word of a prince to cause thankfully be paid and delivered out of the readiest of his majesty's customs of his said kingdom to the said Sir John Arnott, his heirs, executors or assignees the sum of £300,000 usual money of the foresaid kingdom at the terms and in manner specified in the contract made thereupon; therefore our said sovereign lord, following the commendable examples of his highness's most noble progenitors, with advice and consent of his majesty's estates and whole body of this present parliament, unites, annexes and incorporates to his highness's crown of the kingdom of Scotland, therewith to remain perpetually and inseparable in all times coming, the lands, isles, skerries, holms, mills, multures, fishings, annualrents and others whatsoever, as well specially as generally after-mentioned: that is to say, all and sundry the lands and isles of Birsay, Sandwick, Hoy, Waywik, South Ronaldsay, Shapinsay, Deerness, Sanday, Stronsay, Egilsay, Rousay and North Ronaldsay, with the manor places, houses, buildings, yards and all their pertinents lying within the sheriffdom of Orkney, which lands and isles pertained heritably of before to the said Sir John Arnott, held by him immediately of our said sovereign and were resigned by the said Sir John, with consent of the said William and James Arnott, his sons, personally in the hands of his highness's commissioners appointed for receiving of resignations within the realm of Scotland, to remain perpetually, and that in name and to the utility and use of our said sovereign and to remain with his majesty's immediate superior of the same and his highness's successors of the kingdom of Scotland perpetually in all times coming, together with all and whatsoever other lands, isles, skerries, holms, castles, towers, fortalices, mills, multures, fishings, as well in fresh as salt waters, annualrents, reversions, the whole lands called udal lands, roth,† anying,† samyn,† tolls, anchorages, customs, wattill,† foircoip,† landsettertoun,† austercope,† levies, land mails, wrack, waith, waif,† wair and other rights and duties whatsoever pertaining to the said earldom of Orkney and lordship of Shetland, annexes, connexes, outsets, outbreaks, commonties, parts, pendicles and pertinents thereof whatsoever, as well not named as named, wherever they lie, with tenants, tenancies and service of free tenants, with the advocation, donation and right of patronage of all benefices, chaplainries and stallars† founded and lying within the bounds of Orkney and Shetland, kirks, teinds, rents, fruits and emoluments whatsoever pertaining thereto lying within the same bounds of Orkney and Shetland, together also with the offices of sheriffship, justiciary and foudery of Orkney and Shetland, and of the constabulary and keeping of the castle of Kirkwall, with all fees, privileges and pertinents thereof whatsoever, and the right, privilege and jurisdiction of free regality and justiciary of all and sundry the foresaid lands, earldom, lordship and others above-specified, with free chapel and chancellery, and also all and sundry mines and minerals of metal, gold, silver, copper, brass, tin, lead and other minerals within the whole bounds of the said earldom and lordship, together also with all and sundry other privileges, immunities and liberties whatsoever contained and expressed in the infeftment made and given to Patrick [Stewart], earl of Orkney of the said earldom and lordship and which pertained to him by whatsoever manner of way, right or title, both property, superiority and tenancy, and that at what time and as soon as the right of the same or any part thereof be conquest and acquired by our said sovereign or his successors from a reverend father in God James [Law], bishop of Orkney, the said Sir John Arnott, William and James Arnott, his sons, or any other person or persons by comprising resignation to remain perpetually, or by any other manner of way, whereby the right thereof may lawfully fall to our said sovereign or his successor kings of Scotland, and no otherwise, which lands, annualrents, isles, reversions, offices, kirks, teinds and others generally before rehearsed and contained in the clause immediately above-written, now as if the rights thereof were already established lawfully in his highness's person, and then as now and no otherwise, our sovereign lord and estates unite, annex and incorporate to his highness's crown of the kingdom of Scotland, therewith to remain perpetually and inseparably in all times coming, which lands, isles, skerries, annualrents, offices, reversions, kirks, teinds and others whatsoever, as well generally as specially above-mentioned, annexed, above-rehearsed, nor any part thereof, may neither be given in any time hereafter nor alienated from the right and property of the said crown in freehold, fee or otherwise to any person or persons of whatsoever estate or degree, without the advice, decreet and deliverance of the whole parliament, and that for great, reasonable, profitable and known causes for the evident and manifest welfare of the realm, first carefully tried and advisedly considered by the whole estates; and albeit it shall happen our said sovereign lord or any his majesty's successor kings of Scotland to alienate or convey the said lands, isles, skerries, holms, mills, multures, fishings, annualrents, offices, reversions, kirks, teinds and others whatsoever with their pertinents or any part thereof, or any annualrents out of the same, generally or specially comprehended in this present act and annexed to the crown as said is, the same alienations or dispositions shall be null and of no value, in such sort that it shall be permissible to our said sovereign and his successors kings of Scotland for the time to take back and receive at their own freewill and pleasure to their own use, without any process of law, the said lands or others to be alienated or conveyed contrary to the tenor of this present act, and the takers and receivers of the said alienations or dispositions shall refund and pay all profits taken up by them of the said lands and others generally and specially above-expressed to the king for the time, with all other restrictions and provisions contained in whatsoever acts of parliament made by his majesty and his most noble progenitors, kings of Scotland, in their annexations of lands and others to the crown, which whole former acts of annexation and all and sundry articles, provisions, conditions, circumstances and restrictions therein contained are held as repeated and specially expressed and comprehended in this present act. Moreover, our said sovereign, with advice of the estates foresaid, at what time the right of the said offices of sheriffship, justiciary, foudery and right, privilege and jurisdiction of free regality and justiciary above-written falls lawfully in manner above-written to our said sovereign or his successor kings of Scotland and no otherwise, now as then and then as now, suppresses, extinguishes and abolishes the foresaid regalities and offices, and unites, annexes and incorporates the same to his highness's royalty, therewith to remain inseparable in all times coming; and erects a stewartry to be called in all time coming the stewartry of [...], ordaining the tenants, possessors and inhabitants of the foresaid lands and others generally or specially comprehended in this present act and other persons who were answerable of before to the sheriffship and foudery above-written to be answerable to his highness's stewart of [...], with all freedoms, privileges and liberties competent to any stewartry of his highness's property within the said realm of Scotland.
[1612/10/23]*[print] [email] [cite] [preceding] [following]
James Rex. Forasmuch as our sovereign lord, with advice of some of the lords of his secret council, found it expedient for perfect settling of the surety, peace and obedience of the isles and bounds of Orkney and Shetland and inhabitants thereof, and for removing of such disorders as heretofore have arisen when the country be divided in lands held of the king and lands held of the kirk, the tenants and possessors of the said several lands leaning to their particular superiors, or to his majesty's officers or such as had right or commandment from the prince for the time, upon the one part, and to bishops on the other, have fallen in such opposition and strife as have proceeded to slaughters, murders, factions, seditions and such height of confusion as the lives of the bishops have many times been in danger, and the people likely to have drawn strangers into the country who, under pretext of assisting their friends, might upon occasion strived to have possessed themselves of the whole country, that for preventing the like danger in time coming, his majesty should unite the real right of all the said isles, lands and bounds of Orkney and Shetland, and whole parts and pertinents of the same, in his own person and his heirs and successors of his crown of Scotland; and for the bishop's right and interest of so many of the said lands as did appertain to him or his predecessor bishops of Orkney, and of all other heritable right or teinds in any way belonging or able to be acclaimed by them, that his highness should provide the present bishop and his successors of so sufficient recompense in sure and permanent rent as might with all reason content them and be performed without their loss and harm in all time coming, which in respect of the bishop's employment in his majesty's great and weighty services in the said bounds could not receive such perfection as the parties desired and the good of both their estates did crave; neither will the approaching conclusion of this proclaimed parliament yield sufficient time and place to set down so ample and formal manner as the weightiness of the matter does require the heritable and perpetual sureties of the said agreement according to his majesty's just and royal intention and the bishop's mind. And because an appointment and surety of the kind cannot receive absolute and due perfection without the authority and consent of the estates of parliament, therefore our sovereign lord and estates of parliament, with express advice and consent of James, now bishop of Orkney, and with uniform assent and consent of all the bishops of the kingdom present at the said parliament, give and grant full power and commission to Alexander [Seton], earl of Dunfermline, lord chancellor of Scotland, George [Gledstanes], archbishop of St Andrews, John [Spottiswood], archbishop of Glasgow, Master John Preston of Penicuik, president of the college of justice, Sir Thomas Hamilton of Byres, secretary to our sovereign lord, Sir Alexander Hay [of Whitburgh], clerk register, and Master William Oliphant [of Newton], his highness's advocate, and Sir Gideon Murray of Elibank, knight, or any five of them, to consider of the best and most convenient means of acquiring and securing heritably to his majesty and his successors of all and whole the lands and teinds of the whole isles, lands and bounds of Orkney and Shetland sometime pertaining to the Bishop of Orkney and his predecessors, and whole rents, rights and securities belonging thereto or so many of them as shall be found necessary and convenient to be united and incorporated with and to his royal crown, therewith perpetually to remain; and upon the satisfaction, recompense and constant rent and provision to be made, assured and perfected for the same to James, now bishop of Orkney, and his successors in compensation of the said lands, teinds, rents and commodities of the said bishopric, and to set down the substance and effect of the most perfect security that can be devised relating thereto, to the effect that thereupon acts of dissolution, suppression, annexation, incorporation, contracts, bonds, charters, resignations, renunciations and other securities and rights whatsoever may be formed, made and lawfully perfected between his majesty and the said bishop in the premises; and being lawfully exiled and perfected, may be in due and valuable form thereafter inserted and registered in the books of parliament, which his majesty and estates foresaid, with advice and consent of the said James, bishop of Orkney and remaining bishops of the said kingdom, now as then and then as now, are content and consent shall be as lawful, perfect and absolute rights and perpetual securities as if the same and every one of them had been orderly and duly formed, extended and perfectly completed in best and surest manner that could have been devised, consenting likewise that they shall and may every one of them for their own parts take, apprehend and retain possession by virtue thereof in all time coming, promising faithfully to enlarge and amplify this present commission, and to subscribe, seal and deliver all mutual securities resulting hereupon according to the ordinance of the said commissioners and never to contravene their determination or any part thereof or come in the contrary of the same directly or indirectly.
[1612/10/24]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm an infeftment dated at Newmarket, 13 December 1609, made [and]† granted by his majesty, with consent of his highness's treasurer, comptroller and collector for the time, to and in favour of the provost, bailies, council, community, burgesses and inhabitants of the burgh of Dumbarton and their successors, by the which our said sovereign lord has not only given, granted and conveyed to the said burgh, magistrates, community and inhabitants thereof sundry new privileges, liberties, immunities, casualties and others particularly set down in the said infeftment, but also has ratified, approved and confirmed diverse and sundry old evidents, infeftments, writs, rights and securities made and granted by our said sovereign lord and his majesty's most worthy progenitors of excellent memory to and in favour of the said burgh of Dumbarton, magistrates, community and inhabitants of the same, as well particularly as generally mentioned and set down in the foresaid infeftment, in all and sundry heads, points, articles, clauses, privileges, immunities, circumstances and conditions specified and set down therein; and ordain this ratification to be as good, valid, effectual and sufficient to the said provost, bailies, council and community of the said burgh of Dumbarton and their successors as if the foresaid infeftment were herein set down and engrossed word for word. And further, our said sovereign lord and estates foresaid statute and ordain that the foresaid infeftment is and shall be a good, valid, effectual and security† to the said burgh of Dumbarton, magistrates, burgesses and inhabitants thereof and their successors for holding, enjoying, using and possessing in all time coming of all and sundry gifts, liberties, privileges and others therein contained after the form and tenor thereof in all points. It is always declared by his majesty and his said estates of parliament that this present ratification of the foresaid infeftment made and granted to the said burgh of Dumbarton shall in no way be hurtful nor prejudicial in any sort to the right reverend father in God John [Spottiswood], archbishop of Glasgow and his successors regarding their right of regality or other right whatsoever competent to them of the lands underwritten, namely: the lands of Partick, Balshagray, Hyndland, Balgray, Gartnavel, Whiteinch and Kirklie, which right of regality or otherwise are hereby expressly reserved without any derogation made thereto.
[1612/10/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and perpetually confirm the infeftment granted by his majesty under his great seal, which is of the date 8 April 1611, to the town of Glasgow, in all the said clauses, articles, privileges and circumstances of the same as amply and effectually in all respects as if the full tenor and contents of the same were at length herein engrossed.
[1612/10/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, ratifies, approves and perpetually confirms the charters, precepts and instruments of sasine of the lands, baronies and others after-specified, made and granted by his highness to his trusty and well-beloved councillor Sir Thomas Hamilton of Byres, knight, secretary to his majesty, and to his male heirs and assignees therein contained, namely: the charter made and granted by his highness under his majesty's great seal of the disposition and new donation made and granted by his majesty to the said Sir Thomas, his male heirs and assignees therein contained, of all and sundry the lands and barony of the Byres, with the mains, castle, tower, fortalice, manor place, houses, buildings, orchards, yards, dovecots, tofts, crofts, outsets, parts, pendicles and all their pertinents whatsoever, all and whole the lands of Cauldrow with houses, buildings, yards, tofts, crofts, parts, pendicles and all their pertinents whatsoever, all and sundry the lands and mains of Drem, the lands of Dremhill, the lands of Coittis, the lands of Middlemains and Coitaikers within Drem, the lands of the Sanynges, the lands of Muretoun, the lands of Mungoswells, the lands of Garleton, and lands of Harvieston, with houses, buildings, yards, orchards, dovecots, tofts, crofts, outsets, parts, pendicles, annexes, connexes, dependents and all their pertinents whatsoever lying within the constabulary of Haddington and sheriffdom of Edinburgh, together with the advocation, donation and right of patronage of the kirk of Haddington, parsonage and vicarage thereof, and also with the advocation, donation and right of patronage of the chaplainry called the Lady Chapel of Drem, founded of old by the late William [Lindsay], lord Lindsay [of the Byres], and thereafter annexed to the chaplainry and altarage founded within the parish kirk of St Andrews at the altar called the Trinity Altar, situated within that part of the said parish kirk called the Lord Lindsay's Aisle, all united, annexed and incorporated in a free barony called the barony of the Byres, held of his majesty in free barony, free blench and taxed ward respectively, as the said charter of the date at Edinburgh, 6 June 1609, at more length purports, with the precept and instrument of sasine following thereupon. Item, the charter of disposition and new donation made and granted under his highness's great seal of the date at Whitehall, 6 March 1607, to the said Sir Thomas Hamilton of Byres, knight, his heirs respectively and assignees therein specified heritably, of all and whole the lands and barony of Binning, comprehending in special all and sundry the lands of West Binning, with tower place, fortalice, manor place, houses, buildings, orchards, yards, mills, mill lands, multures and sequels thereof, coals, coal pits, parts, pendicles, dependents and all their pertinents, all and whole one oxengate of land in Easter Binning, sometime occupied by Robert Hamilton of the Briggs, with tenants, tenancies and service of free tenants thereof, parts, pendicles and all their pertinents whatsoever, and that portion of land and portion of meadow adjacent called the Damflat and Lochhead with all their privileges and pertinents whatsoever lying within the territory of Torthrevin within the barony of Melville and sheriffdom of Edinburgh, and also all and whole the lands of Tortherfield with tenants, tenancies and service of free tenants thereof, lying within the sheriffdom of Edinburgh, containing also the kirk lands of Easter Binning, Wester Binning and Broadlaw, alias called Middle Binning, called the Nunlands, with tenants, tenancies and service of free tenants thereof, feu ferms, mails, yearly duties, parts, pendicles, dependents and their pertinents, and also all and whole the kirk lands of the vicarage of Binning with their pendicles and pertinents, with the advocation, donation and right of patronage of the said vicarage of Binning, and also all and whole the lands of Broadlaw and Hangingside, alias Middle Binning, with manor place, houses, buildings, outsets, yards, annexes, connexes and their pertinents, and also all and sundry the said kirk lands of the vicarage of the said parish kirk of Binning, extending to 40 acres of arable land, with their pertinents, and all and whole the said kirk lands in Middle Binning of before pertaining to the abbacy and place of Elcho, extending to four oxengate of land or thereby, all united, annexed and incorporated in a free barony called the barony of Binning, held of his majesty and his successors in free barony, feu ferm and free blench respectively, with the precept and instrument of sasine following thereupon; and also the charter of disposition and new donation made and granted by his highness under his majesty's great seal of the date at Edinburgh, 2 June 1607, to the said Sir Thomas Hamilton of Byres, knight, his heirs respectively and assignees therein contained, of all and sundry the town, lands and mains of Drumcross, with cottages, houses, buildings, yards, tofts, crofts, parts, pendicles and their pertinents with the corn mill of Drumcross, mills and multures, watergangs, dams, houses and all their pertinents lying within the lordship and sheriffdom of Linlithgow, and also all and whole the said two quarters or two fourth parts of the lands of Northfield of Drumcross, commonly called Knock and Middle Quarter, with parts, pendicles and all their pertinents, together with free full power and privilege to delve and extract peat and turf within the Moss of Drumcross, or any part thereof, with free ish and entry to the same moss with carts and wagons to the same for transporting of the same peat and turf, lying within the lordship and sheriffdom foresaid, held of his majesty and his successors in feu ferm, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses, conditions, passages, provisions and circumstances mentioned and expressed in the charters and infeftments respectively foresaid and every one of them. And in special his majesty and estates foresaid ratify and approve the said infeftment of the said lands and barony of Binning in so far as the same bears the lands of Wester Binning with tower, fortalice, manor place, houses, buildings, yards, orchards, mills, mills lands, multures and sucken thereof, coals, coal pits, parts, pendicles and their pertinents, the said one oxengate of land in Easter Binning, the said portion of land, portion of meadowland contiguous thereto called the Damflatt and Lochhead, the said land of Orchardfield with the pertinents, the said lands of Broadlaw and Hangingside with their pertinents, to be given and conveyed in free blench, whereas the same held of his highness by service of ward and relief of before; and find and declare that the said conversion of the holding of the said lands was given by his highness for good and reasonable causes of certain knowledge and proper motive, and that the said lands are and shall be held of his highness in free blench for ever; and also ratify and confirm the said infeftment of the said lands and barony of Binning in so far as the same comprehends the lands of the kirk lands of Easter Binning, Wester Binning, Broadlaw, alias Middle Binning, called the Nunlands, with tenants, tenancies and service of free tenants thereof, feu ferms, yearly rents, parts, pendicles, dependents and pertinents thereof whatsoever, and also all and whole the kirk lands of the vicarage of Bynnyrigis with their pendicles and pertinents, together with all and sundry the kirk lands of the said vicarage of the said parish kirk of Binning, extending to 40 acres of arable land with the pertinents, and all and whole the lands of Middle Binning pertaining of before to the abbacy and place of Elcho, extending to four oxengate of land or thereby, lying within the barony of Binning and sheriffdom of Linlithgow, together with the said infeftment of the said town and lands and mains of Drumcross, with the mill, mills lands, multures and pertinents thereof above-specified, with the said two quarters or two fourth parts of the said lands of the said Northfield of Drumcross, with the privileges and pertinents of the same above-mentioned, which are a part of his highness's annexed lands and property and are conveyed to be held of his highness in feu ferm for payment of the particular feu duty contained in the said two infeftments, and find and declare that the said feu duties therein contained are the just old rentals of the said lands; likewise his highness and estates foresaid of new dissolve the said lands from his highness's crown and patrimony thereof, for new infeftment to be given to the said Sir Thomas and his heirs foresaid of the same, and that the remaining lands or most part of the same are held ward, to be held of his highness in such sort and manner and for payment of such yearly duty as shall please his majesty to give and convey to the said Sir Thomas and his foresaids. Moreover, his highness and estates foresaid, considering that a great part of the said lands and barony of Byres pertaining heritably to the said Sir Thomas are of old held blench of his highness and the remainder of the said lands or the most part of the same are held ward, and his majesty, being mindful of the good, true and sincere service done to his highness by the said Sir Thomas, therefore his highness, with consent of his estates foresaid, finds and declares that the said remaining lands of the Byres which were held in ward and relief of his majesty in time bygone, namely: the said lands and mains of Drem, Dremhill, Coittis, Middlethird, Coittaikers within Drem, Sanyngis, Muretoun, Mungoswells, Garleton and Harvieston with their pertinents, with the said advocation, donation and right of patronage of the foresaid kirk of Haddington and chaplainry called the Lady Chapel of the Drem, and all their pertinents, shall be held of his highness and his successors in all time coming in free blench for payment of one penny. And his majesty and estates foresaid ordain an infeftment to pass in favour of the said Sir Thomas and his foresaids conveying the foresaid whole lands and barony of the Byres and whole particular lands thereof, and also of the said lands of Binning, namely: of the said lands of Wester Binning with tower, fortalice, manor place, houses, buildings, orchards, yards, mills, mills lands, multures and sucken thereof, coals, coal pits, parts, pendicles, dependents and all their pertinents, the said one oxengate of land in Wester Binning, with tenants, tenancies and service of free tenants thereof and all their pertinents, the said portion of land and portion of meadow lying contiguous thereto called Damflat and Lochhead, the said lands of Orchardfield, the said lands of Broadlaw and Hangingside with their pertinents, to be held of his highness and his successors in free blench for payment of a silver penny; and also conveying to the said Sir Thomas and his foresaids the said remaining lands of Binning, with the said lands and mill of Drumcross above-specified, to be held of his highness in feu ferm for payment of the feu duties following, namely: for the said lands of Nunlands of Wester Binning, Easter Binning and Broadlaw the sum of 22 merks money of Scotland, and paying the like sum of 22 merks money foresaid at the entry of every one in name of feu ferm, in addition to the feu ferm above-specified; as also doing and performing all other services and duties contained in the old infeftments of the said lands according to the tenor thereof in all points. And for the said kirk lands of the said vicarage of Binning, the sum of 4 merks money foresaid, and doubling the said sum the first year of the entry of each one to the said lands as use is of feu ferm only; and also giving yearly for the said right of patronage of the said vicarage of Binning a white rose at the feast of St John the Baptist,† called Midsummer, in name of blench ferm only. And also giving yearly for the said town, lands and mains and mill of Drumcross with their pertinents the sum of £15 15s usual money of Scotland according to rate; and for the said two quarters called the Knock and Middle Quarter with the privileges foresaid, the sum of £3 12s money foresaid according to rate and proportionally in name of feu ferm; and also the heirs and assignees of the said Sir Thomas doubling the feu ferm the first year of their entry to the said lands as use is of feu ferm only; and also the said Sir Thomas, his heirs and assignees building and sustaining upon the ground of the said lands a sufficient hall, chamber and stable and making other policy correspondent to the ground; and also erecting and uniting the said whole lands, as well feu lands as blench lands above-expressed, in a whole and free barony to be called in all time coming the barony of the Byres, and a sasine to be taken at the tower and fortalice of the Byres to be sufficient for the whole lands above-written. And his highness and estates foresaid declare that the non-payment of the said feu duties for the space of two years running together unpaid shall not be a cause of nullity or reduction of the said infeftments, nor to make the said lands to fall in commissum, but that only his highness, his comptrollers and officers shall have recourse to the said lands, goods and gear being thereupon for poinding and distrenzieing for the same for the said duties, and that notwithstanding the act and statute of his highness's parliament made in the year of God 1597, to the which this ratification shall make express derogation; and ordain charters and precepts to pass hereupon in the appropriate form.
[1612/10/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the infeftment granted by his majesty under his highness's great seal, with consent of his highness's treasurer, collector general and treasurer of his majesty's new augmentations, remaining officers of state and lords of his majesty's secret council, to his highness's beloved Sir James Douglas of Spott, knight, and his male heirs and of tailzie and provision therein specified and assignees whatsoever, of all and whole the lands and barony of Spott, comprehending the lands and others underwritten, namely: all and whole the lands of Easter Spott with the parts and pendicles thereof, namely: the 14 husband lands of the town of Spott with the cottages thereof, with the east and west mills of Spott, the lands of Lochhouses, the Mains of Doon and Brownisknow, the lands of Helden and Dunley, the lands of Easter and Wester Broomhouse, together with the four husband lands called Paulis lands, and the two husband lands called Pookis lands lying in the town and territory of Spott, and also the lands of Reidpethnuke, with tenants, tenancies, service of free tenants, mills, woods, thickets, annexes, connexes, parts, pendicles, pertinents and dependents of all the lands and mills above-written whatsoever, lying within the sheriffdom of Edinburgh and constabulary of Haddington, together with the advocation, donation and right of patronage of the prebendary of Spott situated of old within the college kirk of Dunbar, comprehending the parsonage and vicarage of Spott, which are by the said infeftment united and erected in a whole and free barony called the barony of Spott, to be held of our sovereign lord and his successors likewise at more length is contained in the said infeftment of the date at Edinburgh, 9 August 1605, with the precept and infeftment of sasine following thereupon. And also our said sovereign lord and estates foresaid ratify, approve and confirm the letter of chamberlainship and bailiary granted by his majesty under his highness's privy seal, with consent of his majesty's comptroller for the time, to the said Sir James Douglas of Spott, knight, whereby he was made and constituted during his lifetime his highness's chamberlain and bailie of all his majesty's lands and lordship of Dunbar, with parts, pendicles and pertinents thereof whatsoever, for exercising and using of which office his majesty gave and granted to the said Sir James Douglas of Spott, knight, in fee, 20 bolls of wheat and 20 bolls of barley, to be yearly uplifted by him during his lifetime of the readiest ferms of the said lands and lordship of Dunbar, as the said letter of chamberlainship and bailiary granted to the said Sir James Douglas thereupon of the date at Newcastle, 13 April 1603, at more length bears, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever contained in the said infeftment and letter of chamberlainship and bailiary respectively above-written, after the forms and tenors thereof with all that has followed or may follow thereupon. Likewise his majesty and estates foresaid statute and ordain that this present ratification is and shall be as valid, effectual and sufficient in all respects as if the foresaid infeftment and letter of chamberlainship and bailiary respectively above-written of the dates respectively above-specified were at length and word by word engrossed in this present act. And also his majesty and estates foresaid will, grant, statute and ordain that the foresaid infeftment and letter of chamberlainship and bailiary respectively above-specified, and this present ratification thereof, are and shall be good, lawful, valid and effectual rights and securities to the said Sir James Douglas, his male heirs and assignees foresaid, for possessing and enjoying of the lands, barony and others above-written with the pertinents contained in the infeftment above-specified, as their heritage in all time coming, and for using and exercising of the said office of chamberlainship and bailiary of the lands and lordship above-written with the pertinents during the space above-specified, and for uplifting of the foresaid yearly duty of 20 bolls of wheat and 20 bolls of barley, to be yearly uplifted of the readiest ferms of the lands and lordship above-written, during the said space of his lifetime, after the forms and tenors of the said infeftment and letter of chamberlainship and bailiary respectively above-mentioned.
[1612/10/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm an infeftment given and granted to Robert, lord Lindsay, his male heirs and assignees, by George [Gledstanes], archbishop of St Andrews and chapter of the metropolitan kirk thereof, of all and sundry the lands, baronies or tenancies of Auchterutherstruther, Auchter Munsie, Cairnie, Balmain, and of a taxed ward thereof, tax marriage and others mentioned and expressed in the said charter, which is of the date 17 October instant, with all other infeftments, charters, precepts, instruments of sasine, rights and securities whatsoever made and granted by our said sovereign lord and the said archbishop and their predecessors to and in favour of the said Robert, lord Lindsay, his predecessors and authors whatsoever, of and concerning the forenamed lands, baronies, tenancies, parts and pendicles thereof, and of all other lands, offices, jurisdictions, fees, privileges, liberties and others mentioned and expressed in the said charters, rights and infeftments, of whatsoever date or dates, tenor or contents they be. And ordain this ratification to be as effectual to the said Robert, lord Lindsay and his foresaids relating thereto as if every particular infeftment, right and security were herein set down and engrossed at length and word for word; and decree and ordain the same infeftments, rights and securities to have been and to be in all time coming good, valid and effectual rights and titles to the said noble lord and his foresaids for possessing, enjoying and using of the forenamed lands, baronies, tenancies, offices and others therein mentioned as their proper heritage after the forms and tenors thereof in all points.
[1612/10/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm the heritable gift and infeftment made and given and granted by the right high, right excellent and mighty princes James and Anna, by the grace of God, king and queen of Great Britain, France and Ireland etc., with one consent and assent, and with advice and consent of his highness's councillors and lords of his majesty's secret council, and with consent of David [Murray], lord Scone, comptroller for the time, and Master John Preston of Penicuik, his highness's collector general, to Henry Wardlaw of Balmule and his male heirs, making, constituting and ordaining, for their highnesses and their successors forever, the said Henry Wardlaw and his heirs foresaid their very lawful, undoubted and irremovable chamberlains of the lordship and regality of Dunfermline within all the bounds and limits of the same whatsoever, lying within their highness's kingdom of Scotland, on both the sides of the water of Forth, as the said infeftment of the date at Hampton Court, 29 September 1607, and of his highness's reigns the 41st and 5th years, at more length bears, in the whole heads, clauses and points thereof; and decree and declare the said infeftment to be good, valid and effectual to the said Henry and his foresaids for their right and security of the said office of chamberlainship and for their heritable possessing thereof successively after others in all time coming according to their right and infeftment above-written in all points, notwithstanding of whatsoever acts made by his highness or his predecessors of before which in any way may appear to be prejudicial or derogative to the said infeftment.
[1612/10/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the letters of gift granted by his majesty, with advice and consent of his highness's late right trusty cousin and councillor George [Home], earl of Dunbar, lord Home of Berwick, his highness's treasurer, and the late James Hay of Kingask, knight, his highness's comptroller for the time, to his majesty's trusty and well-beloved councillor Sir Gideon Murray of Elibank, knight, during all the days of his lifetime, of all and whole a yearly pension of the sum of £1,200 money of this realm of Scotland, to be paid to him yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, in manner following, namely: the sum of £600 out of the first and readiest payment of his majesty's casualties of the said kingdom by his highness's treasurer present and being for the time, and the sum of £600 out of the first and readiest payment of his highness's proper rent of the said kingdom by his highness's comptrollers present and being for the time, as the said letters of gift under the privy seal of the date at Whitehall, 20 February 1610 at more length bear, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever therein contained, after the form and tenor thereof, with all that has followed or may follow thereupon. Likewise his majesty and estates foresaid statute, decree and ordain that the foresaid letters of gift, and this present ratification thereof, shall be a sufficient, lawful and valid right to the said Sir Gideon Murray for possessing and enjoying of the foresaid yearly pension at his pleasure during the said space of his lifetime, notwithstanding whatsoever acts of parliament, other acts, laws, statutes and constitutions of this realm made of before, whereby the foresaid letters of gift may be quarrelled or impugned, directly or indirectly, in any time hereafter, to the which acts made of before this ratification shall make express derogation.
[1612/10/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and, for his majesty and his successors, perpetually confirm all and whatsoever letters and gifts of exemption, liberties, freedoms, privileges and immunities made and granted by his highness's most noble progenitors of worthy memory and his highness's self at any time bygone, to and in favour of his highness's general master coiner, warden, counter warden, sinker, assayer, printers, forgers, smelters and other members of his highness's mint-house of Scotland, and specially a letter of exemption and privilege made and granted by our sovereign lord and lords of his highness's privy council to and in favour of the whole officers and members of his majesty's mint-house foresaid, of the date at Whitehall, 15 November 1604, making mention therein of three several gifts of exemptions, whereof one is made and granted by his highness's late dearest grandfather King James V, king of Scotland of happy memory, dated 23 October [1542], and of his highness's reign the 30th year; and likewise of two other several gifts of exemptions made and granted by his highness's self under the privy seal, the one thereof of the date 25 June 1579, and the other of the date 22 April 1584, in manner at length specified in the said several and last gifts, in all and sundry heads, clauses, articles, points and circumstances whatsoever contained in the said gifts and each one of them, with all that has followed or may follow thereupon forever. Moreover, our said sovereign lord and estates of this present parliament, for his majesty and his successors, will and grant and perpetually decree and ordain that this present ratification is and shall be in all time coming as valid, effectual and sufficient to the said whole officers and members of his highness's mint-house foresaid present and to come and their successors for the peaceable possessing and enjoying of the privileges, liberties and immunities mentioned in the said gifts, as if the same gifts and each one of them respectively were herein word by word specially and particularly incorporated and inserted, dispensing therewith for ever.
[1612/10/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter of alienation and vendition made by Andrew Edmonstone of that Ilk, Marie Gordon, his spouse, and John Edmonstone, his eldest son, to Master Thomas Hope, advocate, and John Hope, his son, heritably, of all and whole the lands and mains of Edmonstone, with the manor place thereof, and of the lands of Cauldcoats, houses, buildings and whole pertinents of the same, to be held of his highness's dearest spouse Anne, by the grace of God, queen of Great Britain, France and Ireland, as Lady Dunfermline, in feu ferm and heritage, for payment of the feu duties therein contained as principal, and of the third part lands and mill of Niddrie-Marischal, to be held of his majesty as superior thereof in warrandice and security of the said lands of Cauldcoats, which charter is of the date 29 and 1 May and June respectively 1612, together with the contract of alienation of the same lands, to the which the said charter is relative in the whole heads, articles, clauses, provisions and conditions therein contained. And his majesty and estates foresaid, by the tenor hereof, give their express consent and assent to the confirmation of the said charter of alienation or to whatsoever new gifts and new infeftments of the said lands of Edmonstone and Cauldcoats, with the manor place and pertinents thereof, to be granted by the queen's majesty to the said Master Thomas Hope and his said son, their heirs and assignees, and now as then and then as now approve, allow and confirm the same in the whole clauses, circumstances and conditions thereof, without prejudice always to the said Andrew Edmonstone of that Ilk, his heirs and assignees, of the right [of]† redemption of the said lands competent to them by virtue of the reversion or reversions, one or more, made, sealed and subscribed by the said Master Thomas and his said son in their favour after the form and tenor thereof.
[1612/10/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the two infeftments respectively underwritten, namely: the one thereof made and granted by his majesty under the great seal to his highness's late right trusty cousin and councillor Walter [Scott], lord Scott of Buccleuch that last deceased, who was then therein designed Sir Walter Scott of Branxholme, knight, his heirs and assignees whatsoever heritably, of all and whole the lands, lordship and barony of Hailes, comprehending all and sundry the lands, lordships, baronies and others specified in the said infeftment, and also of all and whole the lands and steadings of Elvilland and Kirkstead, with the pertinents, lying within the sheriffdom of Selkirk, of the date at Holyroodhouse, 4 October 1594; and the other of the said infeftments made, given and granted by his majesty under the great seal to the said late Walter, lord Scott of Buccleuch, who is also therein designed Sir Walter Scott of Branxholme, knight, his heirs and assignees, of all and whole the lands and barony of Branxholme, comprehending all and sundry the lands, baronies and others specified in the said infeftment, with their pertinents, together with the taxed ward, non-entries, relief and marriage mentioned in the said infeftment, of the date at Falkland, 16 August 1599, with the precepts and instruments of sasine respectively directed forth and given according to the said infeftments, in all and sundry passages, points, heads, articles, clauses, conditions and circumstances whatsoever therein contained, after the forms and tenors thereof. Likewise his majesty and estates foresaid declare that this present ratification and confirmation of the infeftments respectively above-written shall be as valid, effectual and sufficient to his highness's right trusty cousin Walter, now lord Scott of Buccleuch, son and heir to the said late Walter, lord Scott of Buccleuch, his father, for possessing and enjoying of the lands, lordships, baronies and others contained in the said infeftments as if the same infeftments, precepts and instruments of sasine following thereupon were at length inserted and engrossed herein, without prejudice always of [William Douglas], earl of Angus, [William Douglas, earl of] Morton, [Alexander Home, earl of] Home, and William Douglas of Cavers their rights, which they or any of them have in and to any of the lands specified and contained in the foresaid infeftments according to the law.
[1612/10/34]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding and being credibly informed that the kirk of Gullane is situated at the outside of the whole parish thereof, which is a great parish, and is so incommodiously situated beside the seashore that the same, with the kirkyard thereof, is continually overblown with sand, that neither the kirk serves commodiously for convening of the parishioners nor yet the kirkyard for their burial, besides many other inconveniences preventing the said parishioners in time of storm and unseasonable weather to convene at the said kirk; and considering likewise that the town of Dirleton is a flourishing town and lies within the said parish of Gullane within the midst thereof, and it is the will and intention of the whole parishioners of the said kirk of Gullane that the same kirk be transported from the said town of Gullane to the said town of Dirleton, as well for the ease and commodity of the parishioners as of the minister serving the cure at the said kirk, therefore it is thought fit and expedient by our said sovereign lord and estates foresaid that a kirk and kirkyard be erected and built within the said town of Dirleton for serving the whole parishioners of the kirk foresaid; and to that effect it is statute and ordained by this act that it shall be permissible to his highness's right trusty cousin and councillor Thomas [Erskine], viscount of Fenton, lord Dirleton etc., to demolish and cast down the said kirk of Gullane and to transport the stones, whole timber work and other materials thereof to the said town of Dirleton for building of a new kirk within the same, providing the said viscount obtain the consent thereto of the presbytery within the which the said kirk of Gullane lies, and the consent of the parishioners thereof or of the most part of them; and that in the meantime the said viscount find and furnish a sufficient house and place within the said town of Dirleton where the word may be preached and the sacraments administered to the said parishioners, until the said kirk be sufficiently built and finished.
[1612/10/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, for certain good respects and considerations moving them, have ratified, approved and confirmed and, by this act, ratify, approve and confirm the charter and infeftment under the great seal of the date the [...] day of [...] 1[...] years, made and granted by his highness to his highness's right trusty cousin and councillor Thomas, viscount of Fenton, lord Dirleton, his male heirs and assignees, of the lands and barony of Fenton, containing the particular land and others mentioned therein, as the said charter bears, in all and sundry heads, clauses, articles, circumstances, liberties, privileges and conditions contained in the said infeftment after the form and tenor thereof in all points, and will, grant, decree and declare that the same infeftment shall be valuable and sufficient right and security to the said viscount and his foresaids for possessing and enjoying of the said lands and barony in all time coming according to the tenor of the said infeftment, without any claim, question or contradiction to be made or moved to them therein by our said sovereign lord and his successors, directly or indirectly, in any way, notwithstanding whatsoever act, law, statute or constitution, special or general, made or to be made in the contrary, concerning which his highness and estates foresaid dispense for ever by this act.
[1612/10/36]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, calling to mind the good, true and thankful service done by Sir Alexander Stewart, father to Alexander Stewart, now lord Garlies, has ratified and approved and, by the tenor hereof, ratify and approve the infeftment granted to the said late Sir Alexander under the great seal in the year of God 1588, of all and whole the lands of Coitland, with the advocation, donation and right of patronage of the kirk of Penninghame, both parsonage and vicarage thereof, in all and sundry heads, points, clauses, articles and conditions contained in the said infeftment, so that the same may stand in the own full strength, force and effect to Alexander, now lord Garlies, son and heir to the said late Sir Alexander, notwithstanding whatsoever defect, act or ordinance made or to be made in the contrary, with the which our said sovereign lord and estates foresaid dispense. It is always declared by his majesty and estates foresaid that this present ratification of the foresaid infeftment shall in no way be prejudicial to the dean and remaining members of his highness's chapel royal regarding whatsoever right competent to them according to the law.
[1612/10/37]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament, for them and their successors, ratify, approve and confirm the letter of pension given and granted by his majesty to his trusty and well-beloved counsellor Sir William Oliphant of Newton, knight, his highness's advocate, during all the days of his lifetime, of all and whole the sum of £1,000 money of the 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 the first and readiest of his highness's rents and casualties either of the treasury or comptrollership of the said kingdom, to be paid in manner foresaid by the officers of receipt thereof, in all and sundry points, heads, articles, clauses and conditions of the same, as in the said letter of pension of the date at Royston, 8 April 1611, and of his highness's reign the 44th and 9th years, at more length is contained; and will and declare this present ratification to be of as great strength, force and effect as if the said letter of pension, whole tenor and contents thereof were word by word at length inserted herein; concerning which our said sovereign lord and estates of parliament dispense by this ratification. Likewise our sovereign lord, estates and whole body of this present parliament declare and decree the forenamed letter of pension to be a lawful, valid and sufficient right to the said Sir William for possessing, enjoying and uplifting of the said yearly pension at the terms and in manner specified therein, and that notwithstanding whatsoever acts, constitutions or discharges that may appear or may be extended or interpreted in the contrary, either special or general, to the which and every one of them this present act makes express and full derogation; ordaining also his highness's officers of receipt, present and to come, to make thankful payment to the said Sir William of the foresaid yearly pension at the terms and in manner therein contained during his lifetime as said is.
[1612/10/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament, for them and their successors, ratify, approve and confirm the gift of the office of advocate, given and granted by his highness to his trusty and well-beloved counsellor, Sir William Oliphant of Newton, knight, making and constituting him his majesty's advocate during all the days of his lifetime, in all and sundry points, heads, articles, clauses, circumstances and conditions thereof, as the same gift of the date at Wanstead, 19 June 1612, and of his majesty's reigns the 45th and 10th years, in the self at more length purports; and will and declare this present ratification to be of as great strength, force and effect as if the foresaid gift, whole tenor and contents thereof were word by word at length inserted herein; concerning which our sovereign lord and estates of parliament dispense by this ratification.
[1612/10/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the infeftment of the date 7 March 1610, made and granted by his highness to Patrick Maule of Panmure, one of the grooms of his majesty's bedchamber, his male heirs and assignees therein mentioned, of all and whole the lands and barony of Panmure, containing all and sundry the particular towns, lands and others at length specified and contained in the said charter, together with all and sundry the erections, privileges and liberties mentioned and inserted in the said charter and infeftment, in all and sundry points, heads, articles and clauses thereof; and also ratify and approve the tack and assedation under form of bond and obligation of the date 29 July 1607, made and granted by James [Hamilton], marquis of Hamilton, as principal, and James [Hamilton], earl of Abercorn, as cautioner for him, to the said Patrick Maule, his heirs and assignees therein specified, of all and whole the teind sheaves of all and whole the lands of Panmure, with parts, pendicles and pertinents thereof and others at length mentioned and expressed in the said tack and assedation, lying within the sheriffdom of Forfar, for all the days, space, years and terms of three liferents and thrice 19 years thereafter, for yearly payment of a certain yearly duty at length specified and contained in the said tack and assedation, in all and sundry points, passages, heads, articles, clauses and circumstances thereof, without prejudice always to Sir David Carnegie of Kinnaird, knight, of whatsoever right competent to him to any of the lands and others contained in the foresaid infeftment and above-specified obligation, according to the law.
[1612/10/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament, for them and their successors, ratify, approve and confirm the charter made and granted by his highness, with advice and consent of his majesty's general collector and treasurer of new augmentations for the time, to his highness's trusty and well-beloved councillor Sir Richard Cockburn of Clerkington, knight, keeper of his majesty's privy seal, and his male heirs specified therein, of all and whole the lands of Clerkington, with the manor place, houses, buildings, yards, orchards, corn mills and waulk mills thereof, and their pertinents, lying within the parish and constabulary of Haddington and sheriffdom of Edinburgh, with the precept and instrument of sasine following thereupon, in all and sundry heads, points, articles, clauses and conditions thereof, as the said charter passed under his highness's great seal, of the date at Royston, 19 January 1610, and of his majesty's reigns the 43rd and 7th years, in the self at more length purports. Likewise our said sovereign wills and declares that this present general ratification is and shall be of as great strength, force and effect to the said Sir Richard and his male heirs specified in the said charter as if the same precept and instrument of sasine following thereupon were word by word inserted in this present act, concerning which our said sovereign lord and estates foresaid dispense by this ratification. Moreover, our said sovereign, estates and whole body of this present parliament decree and declare the foresaid charter, precept and instrument of sasine following thereupon to be a valid, lawful and perfect right to the said Sir Richard and his foresaids for possessing and enjoying of the forenamed lands and others therein specified in blench ferm according to the tenor of the foresaid charter, in the same way and as freely as if the said lands had been specially and expressly dissolved by act of parliament from the act of annexation of the temporality of benefices within this realm to his highness's crown for conveying of the same in blench ferm, and as if the foresaid infeftment had proceeded and been made by virtue of the said act, notwithstanding that the said lands were held in feu ferm of before; and decree and ordain this present act to be a sufficient dissolution to the effect foresaid, and, if need be, ordain a new infeftment to be made of the foresaid lands to the said Sir Richard and his foresaids in competent and due form, to be held of our said sovereign and his successors in free blench, for payment of one penny of Scots money yearly upon the ground of the said lands, if it be asked only, and that in respect of the long and faithful service done by the said Sir Richard to his majesty, his realm and lieges of Scotland, tried by our said sovereign and his estates of this present parliament.
[1612/10/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his majesty in respect of the long, true and thankful service done to his highness by his right trusty and familiar councillor Master John Preston of Penicuik, president of his majesty's council and session, in diverse employments committed to him at sundry occasions, and therewith of his great diligence and continual attention in exercising of the office of president in the session and college of justice in this his highness's kingdom of Scotland, to the approbation and contentment of all his highness's good lieges; and that his majesty, willing to gratify the said Master John in his old age by granting of a yearly pension to George and James Preston, his sons, to remain with them after his decease as a memorial and testimony of his highness's most gracious favour towards him, for his great zeal, approved care and affection to his majesty's service, therefore, and for diverse other good respects and considerations, has of late, with advice of [Sir John Arnott of Birswick], his highness's treasurer depute, and receiver of his highness's rents and lords of his highness's privy council and exchequer, given, granted and conveyed to the said George and James Preston, sons to the said Master John Preston, during all the days of their lifetimes and to the longest liver of the two, without division, all and whole a yearly pension of £1,000 money of Scotland, to be uplifted and paid to them yearly during the said space out of the readiest fruits, rents and duties of his highness's patrimony, property and casualties whatsoever within his highness's kingdom of Scotland. And for the more sure payment thereof to the said George and James Preston during their lifetimes, and longest liver of the two without division as said is, his majesty has assigned to them the blench duty of the lordship of Arbroath erected in favour of his highness's trusty cousin and councillor James [Hamilton], marquis of Hamilton, extending yearly to £500 money foresaid, and the rest of the said pension extending to another £500 to be paid to them during the time foresaid out of the readiest of his highness's great customs of this his kingdom by his highness or his deputes and other receivers thereof, or by the tacksmen or intromitters therewith, notwithstanding whatsoever laws or constitutions made in the contrary or which might make derogation thereto, concerning which his majesty, with consent foresaid, of certain knowledge, for the causes above-specified, has dispensed for ever, as the said gift of pension under his highness's privy seal of the date [...] April 1611 more at length purports; which letter of pension his majesty faithfully promised in the first word to ratify and approve in his majesty's first parliament next thereafter following, likewise his majesty has directed his special warrant to that effect, to the end the same may induce as a perfect security to the said George and James Preston during the space foresaid; and which letter of pension, being at length read and considered by the estates of this present parliament, and the said estates having tried and considered the causes and respects of the giving of the said pension, and finding the same to be necessary and profitable causes tending to his majesty's well and profit of the whole country, and that the said Master John Preston's service has justly deserved the same, therefore his majesty and estates of this present parliament have ratified and approved and, by the tenor of this present act, ratify, approve and confirm the said gift of pension granted and given to the said George and James Preston, sons lawful to the said Master John Preston, during all the days of their lifetimes, and longest liver of the two without division, in all and sundry heads, points, clauses and articles therein contained, and will and grant and, by this ratification, decree, ordain and declare that this present ratification shall be as valid, effectual and sufficient in all respects to the said George and James Preston in the same way as if the said letter of pension were inserted at length word for word in this present act. And for the said George and James's better security, his majesty and estates foresaid, for certain great and weighty causes and considerations moving them, have dissolved and, by the tenor of this act, dissolve the said blench duty of the erected lordship of Arbroath, together with so much of the said customs as extend to the said sum of £500 conveyed in pension as said is, from the patrimony of his majesty's crown during the said George and [James's] lifetimes and the longest liver of the two as said is only, and further have after the said dissolution given and granted, likewise by this ratification, for the cause above-written, give, grant and convey to the said George and James Preston during all the days of their lifetimes and to the longest liver of the two without division, all and whole the said yearly pension of the sum of £1,000 money of Scotland, to be yearly uplifted and paid to them in manner specified in the said gift and to be peaceably possessed and enjoyed by them during the space therein contained; and will and decree that this ratification shall stand as an effectual gift and valid right to the said George and James Preston to the effect foresaid, notwithstanding of whatsoever acts of annexation annexing the customs and blench duties of erected lands, and notwithstanding of whatsoever acts or statutes already made whereby all pensions or dispositions of the blench duties of the erected lands or out of his highness's customs or property are annulled and discharged, with the which and all other acts, statutes and others whatsoever already made or to be made which may in any way derogate hereto, his majesty and estates foresaid, from a certain knowledge and of their own volition, dispense for ever, to the effect the same may be a valid, right and effectual gift to the said George and James Preston for possessing of the said pension during their lifetimes and the longest liver of the two without division.
[1612/10/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates of this present parliament, ratifies and approves the gift and disposition made by his most excellent majesty to the most reverend father in God, George [Gledstanes], archbishop of St Andrews, and his successors, of the donation, advocation and right of patronage of the archdeanery of St Andrews passed under his majesty's great seal, which is of the date at Whitehall, 4 April 1612, in all the clauses, articles and conditions of the same, whereof the tenor follows:
James, by the grace of God, king of Great Britain, France and Ireland, and defender of the faith, gives greetings to all good men whom this present letter reaches. Let it be known that it is certain and we acknowledge that the union, annexation, incorporation and consolidation of the benefice of the archdeanry of St Andrews, with all the profits, rents and emoluments of the same, together with, whole and complete, the local stipend assigned to the incumbents of the parish church of the town of St Andrews for the care of the said church, from levying the rents of the priory of St Andrews for its archepiscopate as part of the patrimony of the said archepiscopate, and also because the most reverend father in Christ George, archbishop of St Andrews, through the zeal which he has and bears towards the glory of God and the spreading of the divine word and its progression, resigned, renounced, purely and simply gave and surrendered the following by himself and by his procurators lawfully established by him in his name, to the undernoted effect, at Whitehall, from the said archbishop and his successors into our hands, as into the hands of his lord superior and patron of the said archbishopric: whole and complete, the foresaid benefice of the archdeaconry of St Andrews as regards its spirituality, with the manse (commonly called 'the manse') of the same, and the offices of conservator of the privileges of the university of St Andrews and of the investiture of all persons to present to benefices within the diocese of the foresaid archbishopric, in accordance with the ancient custom of archdeacons of the said archdeaconry, with all other offices, privileges, immunities, honours, rents, churches, profits and any emoluments relating and pertaining to the said benefice, together with raising the local stipend assigned locally and in perpetuity to the incumbents of the foresaid parish church of St Andrews for the care of the said church, from the foresaid priory of St Andrews, amounting to ten chalders and eight bolls of fodder as for the present and formerly was possessed by the said archbishop, united and annexed by us to the said archbishopric as part of its patrimony, to the effect that we unify, annex, incorporate and consolidate the said local stipend of ten chalders and eight bolls of fodder assigned to the foresaid church of St Andrews on account of the service of care of the same, to be raised from the said priory of St Andrews, into the foresaid benefice of its archdeaconry as part of the patrimony of the foresaid archdeaconry; this is united and annexed in return for our infeftment of the advocation, donation and right of patronage of the said archdeaconry accordingly given by us to the foresaid archbishop and his successors as archbishops of the said archbishopric, for the presentation of one or more suitable persons whenever a vacancy falls to be handled by them, for an incumbent to the care of the said parish church of St Andrews; these persons shall be held to fulfil actual residence and the function of minister, as is set out at length in the said procuratorial charter granted in that regard. Therefore we, with the advice and consent of the lords of our privy council of Scotland, have annexed, unified, incorporated and consolidated the said local stipend assigned to the foresaid parish church of St Andrews to be raised from the said priory for the foresaid archdeaconry of St Andrews, to remain with it inseparably as part of its patrimony. Further, with the consent of the forementioned, we have given, granted and conveyed, and by the wording of the present document we do give, grant and convey in favour of the most reverend father in Christ George, archbishop of St Andrews and his successors as archbishops of the said archbishopric the donation, advocation and right of patronage of the said benefice of the archdeaconry of St Andrews as pertains and relates to its spirituality, with the manse (commonly called 'the manse') and the offices of conservator of the privileges of the university of St Andrews and the investiture of all persons to be presented to the said benefices within the diocese of the said archbishopric of St Andrews, as the archdeacons had the use and custom of old, with all other offices, privileges, immunities, dignities, honours, churches, rents, profits and emoluments pertaining to the said benefice and the local stipend of the said parish church of St Andrews, now unified incorporated into the foresaid archdeaconry as part of its patrimony, to the effect that one or more persons, to be presented by the said archbishop and his successors to the foresaid archdeaconry of St Andrews, whenever it falls vacant and is in their hands, provided that they are suitable and qualified, will be bound and held to serve the cure of souls at the said church of St Andrews, and shall be actual, resident ministers to the said parish church of St Andrews, with authority to the foresaid and his successors as patrons of the said benefice to present qualified persons to the said benefice whenever it happens to be vacant and in their hands, and to examine their learning, life and behaviour. We also order and instruct the lords of our council and session within our realm of Scotland and any and all of our other judges to address other letters as necessary regarding responding, deferring to and obeying the person or persons who shall in future be presented to the said archdeaconry of St Andrews by the foresaid archbishop and his successors, regarding the fruits, rents, profits and emoluments of the said benefice as appropriate. Further, by our word as a prince, we faithfully promise that we shall ratify and approve this donation and disposition of ours of the said patronage of the foresaid archdeaconry of St Andrews, in favour of the said archbishop of the same and his successors, in the next parliament of ours to be held in our realm of Scotland. In testimony of this we have instructed that our great seal be applied to the present document, at Whitehall on 4 April in the year of the Lord 1612, and in the tenth and forty-fifth of our reigns.
Moreover, our said sovereign lord and estates foresaid, with consent and assent of the said George, archbishop of St Andrews, personally present in presence of this present parliament, dissolve and separate the lands of temporality of the archdeanery of St Andrews from the said archbishopric, to the which it was united and incorporated by his majesty and estates of before, to the effect it may be conveyed by the said archbishop and his successors as lawful patrons of the said whole archdeanery, as well temporality as spirituality thereof, to persons able and qualified for the office and function of the ministry, reserving always to the said archbishop and his successors the house, lands and tenements lying within the territory of the city of St Andrews, to remain perpetually as a part of the said archbishopric, never to be separated therefrom, excepting always the archdean's ancient manse, commonly called the Archdean's Innes, lying at the east end of the said city, which shall appertain in all times coming to the archdean of St Andrews and his successors.
[1612/10/43]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the long and good service done to his majesty by his highness's trusty and familiar servant John Murray, groom of his majesty's bedchamber, in his diligent attendance upon his highness's sacred person continually since the said John Murray's infancy, as is more than known and manifest to the said estates, therefore our said sovereign lord and estates foresaid ratify, approve and perpetually confirm the charters, infeftments and others underwritten, namely: an infeftment under the great seal of the date at Whitehall, 5 March 1609, made and granted by his majesty to the said John Murray and to his male heirs mentioned therein, of all and sundry the lands, baronies and others of old pertaining to the sometime abbacy of Dundrennan, generally and particularly mentioned in the said infeftment, belonging to the temporality of the said sometime abbacy, lying within the stewartry of Kirkcudbright, dissolved of before from his majesty's crown and from the act of annexation of all kirk lands to the crown, of the date 19 July 1587, by virtue of another act of parliament of the date at Perth, 9 July 1606, and also of all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents and duties whatsoever of the parish kirks of Dundrennan, alias Rerrick, and Kirkmabreck, which of before pertained to the said sometime abbacy of Dundrennan as a part of the spirituality of the same, all united, annexed and incorporated in a free barony called the barony of Dundrennan, with diverse privileges and immunities pertaining thereto, together with the foresaid act of parliament dated at Perth touching the foresaid dissolution, whereupon the said infeftment proceeded, and according to the which act the same was granted, with the precept, instrument of sasine and all that has followed thereupon, and also that other infeftment of the date at Greenwich, 1 July last, made and granted by our said sovereign lord to and in favour of the said John Murray and his male heirs mentioned therein, of all and sundry the lands and barony of Lochmaben, comprehending generally and particularly as is set down in the said infeftment, lying within the stewartry of Annandale and sheriffdom of Dumfries, together with the heritable office of the custody and keeping of the castle and fortalice of Lochmaben with all and sundry parts, privileges and commodities pertaining thereto, with the office of the stewartry of Annandale and all and sundry duties, casualties and privileges thereto belonging, and specially the assignation of £40 3s 4d and 32 cattle contained in the said infeftment, given and conveyed to the said John Murray and his foresaids as fee and duty for keeping of the said castle of Lochmaben, all lying as said is, and united and annexed in a whole and free barony called the barony of Lochmaben, with the precepts, instruments of sasine and all that has followed upon the said infeftments in all and sundry heads, points, clauses, articles, circumstances and conditions specified and expressed in the said infeftments and securities above-written; and ordain this present act and ratification foresaid to be as good, valid and effectual to the said John Murray and his foresaids as if all the said infeftments and securities were herein expressed and set down at length and word for word. Moreover, for the causes foresaid, our said sovereign lord and estates have dissolved and disunited and by this ratification dissolve and disunite from his majesty's crown the forenamed whole lands and baronies of Dundrennan and Lochmaben and pertinents thereof, and all others generally and particularly mentioned in the said infeftments, to the effect that the same may be conveyed of new again by our said sovereign lord to the said John Murray, his male heirs and assignees heritably, to be held of his majesty and his highness's successors similarly and in the same form and manner of holding and for payment of such duties as is contained in the said infeftments made and granted to the said John Murray thereupon of before. And also our said sovereign lord and estates foresaid have dissolved from his majesty's crown the advocation, donation and right of patronage of the parish kirk of Lochmaben, parsonage and vicarage thereof, which pertained and was at his majesty's presentation as patron thereof, to that effect; likewise that the said patronage may be dissolved by his majesty by his highness's infeftment under the great seal to the said John Murray and his foresaids, and that the said patronage of the kirk of Lochmaben by virtue of the same infeftment may be united and annexed to the said barony of Lochmaben, and that the said John Murray and his foresaids may be made heritable patrons of the said kirk. Likewise our said sovereign lord and estates foresaid find and declare that the consent of the present titulars of the said kirk of Lochmaben, parsonage and vicarage thereof, is no way necessary thereto, notwithstanding of the act of parliament made in the year of God 1593, or of any other act, statute and ordinance, civil, canon or municipal whereby is required the consent of titulars to all gifts and infeftments of patronages of kirks, with the which acts, laws and constitutions his majesty and estates foresaid dispense, and that the same nor none of them shall make any derogation to this present act.
[1612/10/44]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord did convey the heritable keeping of the castle of St Andrews, with diverse lands, rents, mails, ferms, kanes and customs, out of his property and patrimony as the fee of the same to the late George [Home], earl of Dunbar, at such time as [George Gledstanes], archbishop of St Andrews, not being restored to his due place and estate, was unable by himself or his deputes to provide for the false keeping of the said castle, being a strength of high importance to the estate and one of the keys of the country, or to furnish maintenance to those who should have the trust and charge of the keeping thereof; likewise the said late earl did heritably alienate and convey to John Auchmuty, one of the grooms of his majesty's bedchamber, and his heirs, the heritable keeping of the said castle of St Andrews with all lands, rents, mails, ferms, kanes, customs and fees conveyed or in any way belonging to him for keeping thereof, to be held of the said earl and his heirs, by virtue whereof the said John Auchmuty obtained possession of the said castle and continued therein until of late that his majesty, willing to restore the said archbishop and his successors to the full integrity and possession of their own right and to redeem and recover that part of his proper lands, rents and patrimony which was assigned as heritable fee for keeping of the said castle, did by real payment of great sums of money obtain the said John Auchmuty's ample and lawful renunciation of the said castle of St Andrews in favour and to the benefit of the said archbishop and his successors, and of the heritable fee thereof to the effect, profit and benefit of his majesty, his heirs and successors, as the said John Auchmuty's renunciation, disposition, bond and security made relating thereto and registered in the books of council upon the [...] day of [...] at length purport; therefore the king's majesty and estates of parliament ratify, approve and perpetually confirm the said John Auchmuty's renunciation, bond and security made by him to his majesty for himself and to the benefit of the said archbishop, and ordain the same to take effect in all time coming, and decree and declare the true and undoubted right and possession of the said castle of St Andrews to belong and appertain to the right reverend father in God, George, archbishop of St Andrews and his successors, and the undoubted right, title and security and possession of his majesty's lands, rents, mails, ferms, kanes, customs and duties whatsoever in any way given and conveyed to the said late George, earl of Dunbar and his heirs as fee for keeping of the said castle to appertain and belong to his majesty, his heirs and successors, to remain with them as their property and patrimony in all time coming, notwithstanding any bond, contract, infeftment, act of parliament, right, title or security whatsoever made or granted relating thereto, or for ratification or corroboration of the same, which his majesty and estates foresaid retreat, rescind, cass and annul, and decree and declare the same to be now and in all time coming null and of no value, force and effect with all that may follow thereupon.
[1612/10/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the college of St Andrews called St Leonard's, which was first erected by the prior of St Andrews for the time and founded for the instruction of the youth in humanity, philosophy and divinity, and since ratified by his majesty and his highness's most noble progenitors and augmented by sundry gifts, donations and dispositions of the lands and rents for maintenance of the masters, regents, bursars and other members of the same, has so flourished by the mercy of God within his highness's kingdom of Scotland these hundred years bygone, that not only has the same brought out and produced good spirits adorned in all literature and knowledge for service of the common good, but also is a singular ornament to this his majesty's kingdom, worthy to be maintained as a seminary of virtue and learning, therefore his highness, following that ordinary zeal which his majesty bears in the advancement of such colleges and incorporations, and estates of this present parliament, ratify and approve the original erection and foundation of the said college, with all privileges, liberties and immunities thereof granted in favour of the masters, regents, bursars and whole members of the same, together with all gifts and donations of lands, rents, teinds and kirks conveyed thereto by his majesty and his highness's most noble progenitors or by whatsoever persons, secular or ecclesiastical, with all ratifications interposed thereto, in the whole heads, articles, clauses and provisions of the same, and will and grant that this present confirmation is and shall be as effectual as if the whole tenors of the same were specially expressed, and specially without prejudice of the general ratification foresaid, his majesty and estates foresaid ratify and confirm the gift and donation made by his highness to the masters, regents and bursars of the said college of all and whole the benefice of the priory of St Serf's Isles within Loch Leven, alias Portmoak, whole lands, teinds, kirks and other pertinents of the same, proceeding upon the demission of Master John Winram, prior thereof for the time, together with the said Master John's demission whereupon the same proceeded; and also ratify and confirm the infeftment granted by his majesty to them of the lands called Monydie Rodger, lying within the sheriffdom of Perth, and of the whole teinds, fruits, rents and emoluments which pertained to the prebendary of Monydie†; and will and grant that the said infeftments, gifts and donations are and shall be as valid and sufficient rights to the said masters, regents and their successors for holding, enjoying and possessing of the foresaid lands, rents, kirks, teinds and others generally and particularly above-specified. Moreover, his majesty and estates foresaid of new give, grant and convey to the said masters, regents and other members of the said college of St Leonard's and their successors all and whole the said lands, rents, kirks, teinds, annualrents and other profits and commodities whatsoever contained in their said old infeftments and rights made and conveyed to them by his majesty and his predecessors, or by whatsoever other person or persons, and specially give, grant and convey all and whole the said benefice of the priory of Portmoak, whole lands, kirks, tenants, annualrents, fruits, rents and emoluments, and other commodities whatsoever which at any time have been possessed by the priors of Portmoak as part of the patrimony thereof, together with the said prebendary of Monydie, whole lands, teinds and commodities of the same, with the said lands of Monydie Rodger pertaining thereto; and also give, grant and convey to them and their foresaids all and whole the prebendary of Durey and Rungallie, which was sometime possessed by Master William Russell and was demitted by him in their favour, and whereof, at the least of the most part thereof, the said masters and regents are presently in possession, together also with the whole fruits, rents and emoluments which pertained to the friars predicators of St Andrews and are now held and possessed by Master John Russell, advocate, to the which he is provided by his highness, with this condition: that the same shall be annexed to the said college of St Leonard's to be possessed by them after his decease. And to this effect his majesty and estates foresaid suppress the names and titles of the said priory of Portmoak and prebendary foresaid, and dissolve the same and whole rents thereof from his highness's crown, and from all annexations made thereto in time bygone, to the effect the same may remain with the said college of St Leonard's as a part of the patrimony thereof for ever, to the which his majesty and estates foresaid unite, annexe and incorporate the same.
[1612/10/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the gift, right and infeftment made, given and granted by his majesty to his highness's dearest cousin Ludovic, duke of Lennox, earl of Darnley etc., and to his male heirs and assignees whatsoever, of all and whole the offices of great admiral of his highness's kingdom of Scotland, and of all the isles and bounds thereof whatsoever, with the office of lieutenancy upon the seas and colonelship and justice general, and of the office of judicatory, criminal and civil, with all the privileges, dignities, immunities and casualties of the same, at length particularly set down in the said right and infeftment of the date at [...], the [...] day of [...], the year of God [...], in all and sundry heads, articles, conditions and clauses thereof, and declares the same to have effect and to be put to due and full execution in all points according to the tenor thereof.
[1612/10/47]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that his majesty, having a special care and regard that the whole isles and highlands of this realm might be reduced to obedience and the inhabitants thereof moved to embrace a godly, civil and quiet form of living, his majesty for that, out of the good proof and experience his highness had of the affection and willing disposition of his majesty's right trusty cousin Archibald [Campbell], earl of Argyll, lord Campbell and Lorne etc., to employ his pains and travails and to hazard his person in his highness's service, gave sundry commissions of lieutenancy and instructions to the said earl within the bounds foresaid, and sometimes verbal directions and instructions for execution of his majesty's will; in the execution of which commissions, directions and instructions the said Archibald, earl of Argyll, most wisely, discreetly and worthily has behaved himself, and for the execution whereof he was often times forced, beside his own friends, men, servants and dependants, to convoke his highness's lieges in arms, to pursue and siege houses, to raise fire, commit slaughters, raids and other deeds of hostility; and his majesty, being always of mind and intention that the said Archibald, earl of Argyll, nor no others, his kin, friends, vassals, men, tenants, servants nor others being in their company the time of the execution of the said commissions, shall in any way incur any crime, peril, danger, damage or inconvenience in their bodies, lands, heritage, tacks, steadings, rooms, possessions, goods or gear in any time coming, therefore his majesty and estates foresaid 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, policies, robberies, oppressions, depredations, spuilzies, ejections, intrusions, wrongful intromissions, contraventions and all other crimes, offences, wrongs, facts, deeds, actions and enterprises whatsoever criminal committed or assisted to by the said earl, his kin, friends, vassals, men, tenants, servants, dependents, partakers or by any other person or persons whatsoever of their company, directly or indirectly, against whatsoever person or persons in their bodies, lands, houses, rents, policies, rooms, possessions, goods or gear within the said isles or any part thereof, or in the repairing or returning to and from the said isles in any time bygone before the date hereof, together with all decreets and sentences following thereupon, and all actions criminal already moved or intended or which may be in any way moved or intended at any time hereafter against the said earl or his foresaids, their heirs, executors or successors or any of them, directly or indirectly, for the causes above-mentioned, or any of them committed or assisted to by them as is above-specified, with all that has followed 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, discharge, abolish, bury, take away and put the same in perpetual oblivion simply, for now and ever in all time coming, and decree, declare and ordain that no action, process nor execution shall be intended, moved, used or pursued criminally by any manner of way in the premises, directly or indirectly, against the said earl, his kin, friends, vassals, men, tenants, servants, dependents, assisters, parties, 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, justices, sheriffs, advocates and all other judges and ministers of law within this realm, macers and officers of arms and other officers whatsoever of all calling, accusing, attaching, arresting, summoning, pursuing, troubling, proceeding against or in any way molesting of the said earl or his foresaids or any others of their companies for the premises or concerning the same or for anything that has followed or may follow thereupon, and of their offices in that part, simply and for ever.
[1612/10/48]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the charter and infeftment and instrument of sasine following thereupon of the date 19 June 1609, made, given and granted by our said sovereign lord to Patrick, earl of Kinghorn, lord Lyon and Glamis, his male heirs and assignees whatsoever, of all and whole the isle of Inchkeith, with the pertinents, lying within the sheriffdom of Fife, together with the advocation, donation and right of patronage of the parish kirk of the parish of Kinghorn Easter, parsonage and vicarage thereof, with all and sundry teind sheaves, other teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto lying within the sheriffdom of Fife, in all and sundry points, passages, heads, articles and clauses thereof.
[1612/10/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the town of Glamis, lying within the sheriffdom of Forfar, pertaining heritably to his highness's right trusty cousin and councillor Patrick [Lyon], earl of Kinghorn, lord Lyon and Glamis, was erected by his majesty's most noble progenitors of worthy memory in a free burgh in barony, with the privilege of a weekly market day upon the Friday, and with all other privileges and liberties belonging to a free burgh in barony, as the charter of erection made and granted relating thereto to the late John [Lyon], lord Glamis [...], to the said Patrick, now earl of Kinghorn, of the date at Edinburgh, 20 October 1491, at more length bears; and because it is known to his majesty and whole estates of this present parliament that Friday is the weekly market day of Coupar in Angus, not far distant from the said town of Glamis, whereunto the whole country people weekly resort the said day, through which the foresaid weekly market of the same burgh of Glamis, being upon the market day of the said town of Coupar in Angus, is altogether incommodious and unprofitable, as well to the said Patrick, earl of Kinghorn and to the inhabitants and burgesses of the said burgh of Glamis and to all others our sovereign lord's lieges resorting and frequenting thereto; in respect and for remedy whereof, and for the well and commodity of all his highness's lieges resorting and frequenting to the said burgh of Glamis, our said sovereign lord and estates of this present parliament discharge the foresaid weekly market day of the said burgh of Glamis which was of before held upon the Friday, and statute and ordain that Thursday shall be the weekly market day of the said burgh of Glamis in all time coming, to be used, possessed and enjoyed with all calls, customs and liberties pertaining thereto, in the same way and as freely in all respects as the said market day was or might have been held or used upon the Friday of before by virtue of the infeftment above-written or any other rights and securities made and granted in any time bygone to and in favour of the said Patrick, earl of Kinghorn, or any others, his predecessors.
[1612/10/50]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the kirk of Borthwick being ruinous and that part thereof called the vestry being decayed, and that the ministers of the exercise of Dalkeith, being convened to use the said kirk with the gentlemen and parishioners of the said parish of Borthwick, they find the best means for repairing of the said kirk and upholding of the said vestry to be the disposition of the same vestry to some gentleman of the said parish for a burial place, the same serving for no other use and, therefore, the said vestry with all their consent was conveyed to Sir James Dundas of Arniston, knight, one of the said parishioners, to be a burial place for him and his posterity, as the act and security made thereupon with consent of the provincial assembly of Lothian more fully purports; and that according to the agreement and condition made relating thereto, the said Sir James furnished the charges and expenses in repairing of the said kirk, as is clearly understood to his highness and estates foresaid; therefore his majesty and his said estates have ratified and approved and, by this act, ratify and approve the right and security made to the said Sir James Dundas by the said parishioners and presbytery of the said vestry for the burial of him and his said posterity in all time coming, in the whole heads, clauses and conditions thereof, and decree and ordain the same to be sufficient right and security to the said Sir James, his heirs and successors for possessing and enjoying of the said vestry and burial place foresaid in all time coming, according to the rights and securities above-specified made to him thereupon in all points.
[1612/10/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm all and sundry infeftments, rights and securities made by his majesty or his predecessors or any other person or persons whatsoever, to and in favour of his highness's familiar servant Alexander Moncrieff of Falside, master falconer to his majesty, or his authors, their heirs and assignees therein contained, of all and whole the lands of Falside and Milton, the mill of Pittenweem and mill lands thereof, and lands of Gordonshall with their pertinents, all lying within the sheriffdom of Fife, together with all and sundry dispositions, infeftments, gifts, assignations, factories, rights and securities made by his majesty to the said Alexander Moncrieff, of all and whole the tenement of land, with the yard and pertinents thereof, lying within the city of St Andrews, sometime pertaining to Walter Geddie, citizen of the said city, mails and duties thereof, bygone and to come, of whatsoever date or dates, tenor or contents the same be, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever therein contained, after the forms and tenors thereof, with all that has followed or may follow thereupon. Likewise his majesty and estates foresaid decree, statute and ordain that this present general ratification of the infeftments, rights and securities foresaid is and shall be as valid, effectual and sufficient in all respects as if the said infeftments, rights and securities foresaid were specially and particularly inserted in this present act. Moreover, our said sovereign lord and estates foresaid statute and ordain that the infeftments, rights and securities generally above-written, and this present ratification thereof, are and shall be good, lawful, valid and effectual rights and titles to the said Alexander Moncrieff, his heirs and assignees therein contained, for possessing and enjoying of the lands and others above-mentioned, intromitting with, uplifting and conveying upon the mails, ferms profits and duties thereof at their pleasure, of all years and terms bygone and in time coming, according to the tenors of the said infeftments, rights and securities in all points, ordaining [Sir Alexander Hay of Whitburgh], clerk register, and his deputes to extend an act hereupon in due and competent form.
[1612/10/52]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this parliament, understanding and being credibly informed of the clandestine intromission and spuilzie of certain gold, silver and plenishing committed by the late Robert Logan, sometime of Restalrig, against the late William Nisbet of Newtonleys, under silence of night, out of the said William's dwelling house in the month of December 1593, to the value of 3,000 merks Scots or thereby, whereupon the said William recovered decreet before the lords of council [...] July 1607, against the executors of the said late Robert, and that the said action of spuilzie was not nor could not be intended in due time within three years after committing thereof, in respect the said clandestine deed and fact came not to their knowledge nor light who had committed the same, but immediately before the intending of the said action, and it was never the meaning of the act of parliament made regarding prescription in causes of spuilzie, nor yet the mind of his majesty and of his three estates that the committers of such clandestine facts and deeds should possess the benefit of the said act of prescription; therefore his highness and estates ratify and approve the foresaid decreet of spuilzie with all arrestments, decreets and execution that has followed and to follow thereon, ordaining the same decreets to stand in the own strength, force and effect, notwithstanding of the said act of prescription and that the foresaid action was not pursued within three years after committing thereof, and notwithstanding the doom of forfeiture led thereafter against the said laird of Restalrig, concerning which his majesty and whole body of this parliament has dispensed and dispense for ever; and ordain the same decreets never to be quarrelled nor impugned by virtue of the said act of prescription, and that this present act be completed in the present parliament in the favour of the heirs and executors of the said late William Nisbet, and that [Sir Alexander Hay of Whitburgh], his highness's clerk register, and his deputes extend an act of parliament hereupon in due form.
[1612/10/53]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament presently convened, understanding that the commissioners appointed by the parliament held by his majesty and estates at Perth, 9 July 1606, for modification of the ministers' stipends of such kirks as belong to the erected prelacies, having appointed a special maintenance for the minister serving the cure of the kirks of Crailing, Nisbet and Spittal, which three kirks are all joined and united in a parish kirk, therefore his majesty and the said estates presently convened statute and ordain, decree and declare the kirk of Crailing to be the ordinary parish kirk of the said three united kirks, and that the preacher or minister serving thereat shall have the benefit of the statute of parliament for designation to him of a competent glebe and manse at the said kirk, and for possessing and enjoying of the stipend modified for the said three united kirks by the said commissioners to the minister serving the cure at the said kirk of Crailing.
[1612/10/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve of new all acts and constitutions of parliament made by whatsoever our sovereign lord's predecessors of before, in favour of the burghs, burgesses of this realm of Scotland, inhabitants of all the burghs of the same, with all privileges, freedoms, immunities and liberties granted and given to them and every one of them; and decree and declare the same to have full strength, force and effect in all times hereafter, so that the same may be put to full and due execution in all points, and to stand as a perpetual law to them and their successors, ordaining [Sir Alexander Hay of Whitburgh], clerk register, and his deputes to extend an act of parliament hereupon in due and competent form.
[1612/10/55]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm all and sundry infeftments, charters, precepts, instruments of sasines, confirmations and other rights, titles and securities whatsoever made and granted by his majesty or any of his highness's most noble progenitors to and in favour of the provost, bailies, council, burgesses, inhabitants and community of the burgh of Tain, of the same burgh of Tain, with all lands, tenements, houses, biggings, yards, commonties, fishings, mosses, muirs, privileges, liberties, commodities, parts, pendicles and pertinents of the same whatsoever, lying within the earldom of Ross and sheriffdom of Inverness, of whatsoever date or dates, tenors or contents the same be, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever therein contained, after the forms and tenors thereof. Moreover, our sovereign lord and estates foresaid statute and ordain that this present general ratification and confirmation of the infeftments, rights and securities above-written is and shall be as valid, effectual and sufficient as if the same whole infeftments, rights and securities were at length and specially engrossed in this present act; and also that the said infeftments, rights and securities granted to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh and this present ratification thereof are and shall be good, valid and effectual rights, titles and securities to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh and their successors for possessing and enjoying of the same burgh, with all lands, tenements, houses, buildings, yards, commonties, fishings, mosses, muirs, privileges, liberties, commodities, parts, pendicles and pertinents of the same whatsoever in all time coming, according to the tenors of the said infeftments, rights and securities made to them and their predecessors thereupon in all points, with command to [Sir Alexander Hay of Whitburgh], clerk register, and his deputes to extend an act of parliament hereupon in due form.
[1612/10/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates of this present parliament, ratifies, approves and confirms the letter of pension given and granted by his highness to Master Joshua Durie, minister at St Andrews, Euphame MacKane, his spouse, and John Durie, their lawful son, containing the sum of £140 money of Scotland, to be uplifted out of the feu mails of the lordship of Altrie, pertaining heritably to a noble and potent lord, George [Keith], earl Marischal, and George [Keith], lord Keith, his son, discharging therefore all his highness's officers or under-receivers in troubling or molesting the said persons successively in the peaceable enjoying and possessing of the said pension, and from troubling and pursuing of the said noble lord, his son and successors to the said lordship for the payment of the said sum of £140 enduring the lifetimes of the said pensioners successively, each one to follow another.
[1612/10/57]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the resignation, demission and infeftment following thereupon made and granted by Master George Young, sometime archdean of St Andrews, of the kirk of Rescobie and patronage thereof, parsonage and vicarage of the same, in favour of the late Sir Thomas Lyon of Auldbar, his male heirs and assignees, and also the resignation, demission and infeftment following thereupon made and granted by Master Alexander Gledstanes, now archdean of St Andrews, with consent of George [Gledstanes], archbishop of St Andrews and chapter thereof, to and in favour of John Lyon, now of Auldbar, his male heirs and assignees, of the foresaid kirk of Rescobie and patronage thereof, parsonage and vicarage of the same, in all and sundry heads, points and conditions therein contained; and decree and ordain the foresaid rights and securities to have [been]† and to be good, valid and effectual rights and securities to them for possessing and enjoying of the heritable right of the foresaid patronage of the kirk of Rescobie, parsonage and vicarage thereof, after the form and tenor of his said infeftments granted to him thereupon in all points.
[1612/10/58]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice and consent of his highness's estates of parliament, ratifies, approves and perpetually confirms the charter of feu ferm, with the precept of sasine inserted in the same, made, given and granted by a reverend father in God, Alexander [Lindsay], bishop of Dunkeld, with advice and consent of the dean and chapter of the cathedral kirk thereof, to his majesty's trusty and well-beloved councillor Sir Alexander Hay [of Whitburgh], knight, then secretary to his majesty and now clerk register, his heirs and assignees whatsoever, of all and whole the mains of Aberlady and lands called the mansion and bakehouse croft adjacent thereto, with the teind sheaves of the same included, which were usually set together with the said lands, of all and whole the links of Aberlady with all their pertinents, together with the castle, tower and fortalice built by Patrick Douglas of Kilspindie upon the north part of the said lands of Aberlady towards the sea, as also of all and whole the office of bailiary of all and whole the lands and town of Aberlady, with the pertinents, with all liberties, privileges, casualties, fees and duties belonging to the said office, lying within the constabulary of Haddington and sheriffdom of Edinburgh, reserving always to the ministers serving the cure at the kirk of Aberlady a manse and glebe, with the pertinents, according to the act of parliament made relating thereto, to be held of the said Alexander, bishop of Dunkeld and his successor bishops of Dunkeld in feu ferm and heritage for ever, likewise in the said charter, of the date at Edinburgh, 23 February 1611, at more length is contained, together with the instrument of sasine following thereupon. And also our said sovereign lord, with advice and consent of his said estates of parliament, ratifies, approves and confirms the letter of tack and assedation made and set by the said Alexander, bishop of Dunkeld, with consent foresaid, to the said Sir Alexander Hay or to his assignee constituted or to be constituted by him, for the lifetime of the said Sir Alexander or of his said assignee, and thereafter to the male heir of the said Sir Alexander or of his said assignee, for the space of the lifetime of the said male heir, and after his decease to his male heirs and assignees whatsoever for the space of 19 years next thereafter, of all and sundry the teind sheaves of the parish kirk and parish of Aberlady, with the pendicles and pertinents thereof, except as is excepted in the said tack, for payment of the yearly duty therein mentioned, as the same of the date at Edinburgh, the said 23 February 1611 foresaid, at more length bears, together with all and sundry infeftments, assignations, rights and securities made by the said Sir Alexander Hay to and in favour of Patrick Douglas, son lawful to the said Patrick Douglas of Kilspindie, and son-in-law to the said Sir Alexander Hay, his heirs and assignees therein contained, of all and sundry the lands, teind sheaves and others above-specified, with their pertinents, of whatsoever date or dates, tenor or contents the same be. And likewise his majesty, with advice and consent foresaid, ratifies, approves and confirms the infeftment made and granted by a reverend father in God, George [Gledstanes], by the mercy of God archbishop of St Andrews, with consent of the chapter of the cathedral kirk thereof, to the said Patrick Douglas, younger, his male heirs and of tailzie therein contained, of all and sundry the lands of Kilspindie, with the lands and towns thereof called Craigkaine, Freland and Standandstanes, lying together with the manor place, houses, buildings, yards, orchards, mills, multures, mills lands thereof and all their pertinents, with tenants, tenancies, service of free tenants of the same, advocations, donations and rights of patronages of kirks and chaplainries thereof, annexes, connexes, parts, pendicles and all and sundry their pertinents whatsoever, lying in the barony of Kilspindie, regality of St Andrews and sheriffdom of Perth, containing the reservation of liferent of the said lands of Kilspindie and others foresaid to the said Patrick Douglas, elder, of Kilspindie, during his lifetime, as the said infeftment of the date at St Andrews, 12 July 1609, together with the instrument of sasine following thereupon, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever therein contained, after the forms and tenors thereof, with all that has followed or may follow thereupon. Likewise his majesty, with advice and consent foresaid, statutes, decrees, declares and ordains that the foresaid infeftments, tack, assignations, rights and securities made to the said Sir Alexander Hay and Patrick Douglas and their foresaids of the lands, teind sheaves and others above-specified, with their pertinents, are and shall be sufficient, valid and lawful rights to the said Patrick Douglas, his male heirs and assignees foresaid, for possessing of the said lands, teind sheaves and others above-mentioned, with their pertinents, at their pleasure in time coming, according to the tenor of the foresaid infeftments and tack respectively, and of the other rights and securities made to the said Patrick Douglas and his foresaids thereupon in all points, ordaining this act of parliament to be extended in such due form as appropriate, and to insert the infeftments and tack respectively above-specified at length therein, of which the tenors follow: that is to say, the tenor of the infeftment made and granted to the said Sir Alexander Hay of the forenamed lands of Aberlady:
To all who shall see or hear this charter, Alexander, by divine permission, bishop of Dunkeld, gives eternal greetings in the Lord, with the express advice, consent and assent of the dean and chapter of the church of our cathedral of Dunkeld. Because by the act of parliament held in Perth on 9 July in the year of the Lord 1606 it was expressly decreed by our supreme lord the king, with the express consent and advice of the estates of this entire kingdom then gathered in parliament, that the estates of bishops should be reinstated and restored to their original and ancient dignities, honours, privileges, lands and rents, as they were in the reformed church before the annexation of the temporality of all benefices within the realm of Scotland to the patrimony of the crown of our said supreme lord the king, in conformity with the act of the parliament held on 29 July in the year of the Lord 1587, this act insofar as it extends or could extend to the dignities, honours, privileges, castles, towers, fortalices, lands and rents of the said bishops, is retracted, rescinded and annulled, with all other acts of parliament passed, or following, or possibly following, to the prejudice of the said bishops, to the end and effect that persons provided or to be provided to the bishoprics of Scotland are able freely, quietly and peacefully to enjoy and use all the honours, dignities and privileges competent for them and their estate, after the reformation of religion, with all lands, teinds, rents and other things owed to them, similarly and as freely in all respects as if the said act of annexation and other acts drafted to their prejudice had never been passed, as is contained at length in the said act of parliament passed on that subject; also because, as a result of the sanction of both laws† and the statutes of the most serene princes of Scotland issued for the benefit of state and realm, it is assured that lands and possessions both ecclesiastical and secular are to be granted and leased in feu ferm or emphyteusis in heritage, so that they, by the care, attention and toil of prudent men, may be cultivated, improved and brought to more productive state of fertility. Let it be known, therefore, that we, with the advice of the forementioned, and in return for certain large sums of money graciously and fully paid to us by the noble man Lord Alexander Hay, knight, secretary of our supreme lord the king, and put to the use of the seat of our bishopric, and for other instances of obedience, gratitude and benefit given to us in many ways, with the express consent and assent of the chapter of the said church of our cathedral of Dunkeld, have given, granted, leased, leased out, rented and in feu ferm or emphyteusis surrendered in heritage, and by this present charter of ours have confirmed, and also by the wording of the present document do give, grant, lease, lease out, rent and in feu ferm or emphyteusis surrender in heritage, and confirm by this present charter of ours, in favour of the foresaid Lord Alexander Hay, knight, and any of his heirs and successors, whole and complete, our demesne lands (commonly called the Mains of Aberlady) and the lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the warren grounds called Links of Aberlady, with all their pertinents, together with castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying within the constabulary of Haddington and the sheriffdom of Edinburgh, apart from the manse and glebe and their pertinents reserved for ministers serving the charge at the church of Aberlady, according to the contents of the act of parliament in this regard. Besides, with the advice and consent of the foresaid, we give, grant and convey in favour of the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees, the whole right, title, interest, claim at law (of claimant or possessor) which we or our predecessors or successors had, have or could in any way have or claim to have in respect of the lands and other things mentioned above and their pertinents, 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, disclaimer, reduction of infeftments, sasines or retours, of feu ferm, ferms and any dues of the same, at any years or terms in the past, non-payment, omission, non-fulfilment of any articles, clauses or conditions contained in ancient infeftments of feu ferm, leases or rentals of lands or other things mentioned above, in failure to confirm within the due time, or in any other way, or by any right, title or by virtue of any acts of parliament in favour of ourselves or our predecessors, or of any other acts, statutes or laws (civil, canon or municipal) made or to be made to the contrary, or for any other cause or occasion prior to the date of the present document. We renounce, transfer and donate the same, with all action and instance of the same, on behalf of ourselves and our successors in favour of the foresaid Lord Alexander Hay, knight, and his heirs and assignees in perpetuity, with agreement not to claim, and with supplement of all defects and imperfections whether named or not, past or future, which we wish to have in this present charter of ours as if expressed. Further, with the advice and consent of the forementioned, we have unified, created and incorporated, and by the wording of our present charter, on behalf of ourselves and our predecessors, we do unify, create and incorporate, all and singly, the lands and other things above and mentioned below, namely, whole and complete, the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said, as one complete and free tenancy to be called the tenancy of Aberlady. We wish and grant and on behalf of ourselves and our successors decree and ordain that a single sasine now to be held by the said Lord Alexander Hay, knight, and in future by his foresaid heirs and assignees, shall stand and be taken at the principal messuage and place of the manor of Aberlady, and shall be for them a sufficient sasine for, all and singly, the lands and other things particularly mentioned above, with their pertinents, without any special or particular sasine needing to be taken at any other place or part of these, notwithstanding that they do not lie together and adjacent, regarding which we, with the advice and consent of the forementioned, have given dispensation and by the contents of our present charter do give dispensation in perpetuity. All and singly, the lands and other things mentioned above or below, namely, whole and complete, the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the foresaid office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said (with the reservation as previously reserved) - are to be held and had by the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees from us and our successors as bishops of Dunkeld, in feu ferm, and in fee and heritage in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, woods, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits, warrens, pigeons and dovecotes, workshops, breweries, brewhouses, whins, woods, groves 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 other things mentioned above with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees shall render to us and our successors as bishops of Dunkeld the sum of £80 of the good and usual currency of the realm of Scotland at the two terms of the year, namely the feasts of Pentecost and of St Martin in winter [11 November] by equal portions by way of feu ferm as feu ferm and augmentation for the lands and other things mentioned above, with their pertinents, formerly paid by use and custom, together with the sum of £10 of the foresaid currency at the forementioned terms as a new augmentation of our rental of the lands and other things mentioned above more than was ever paid before for them in the past. Also, the heirs of the said Lord Alexander Hay shall double the said feu ferm and augmentation in the first year of their entry to the said lands and other things already mentioned, with their pertinents, as is customary with feu ferm, only, in place of any other burden, exaction, demand or secular service which could in any way be exacted or demanded by anyone in relation to the foresaid lands and other things mentioned above, with their pertinents. Indeed we, the foresaid Alexander, bishop of Dunkeld and our foresaid successors, with the advice and consent of the forementioned, guarantee, renounce and in perpetuity shall defend against all mortals by our deeds at least, whole and complete the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the foresaid office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said (with the reservation that has already been made), in favour of the foresaid Lord Alexander Hay, knight, and his foresaid heirs and assignees, as freely, quietly in all and through all, in form as in effect as has been said. Hence we give greetings to you, jointly and severally, our beloved [...] and any of you, our sheriffs specially constituted in that part. We instruct and firmly order you that having seen the present document, you forthwith should see to the handing over and surrender without delay, as is the custom with handings over and surrenders, according to the contents of our charter written above (and which he has from us) - the status and hereditary sasine and possession (corporeal, actual and real) of, whole and complete, the foresaid demesne lands (commonly called the Mains of Aberlady) and the foresaid lands called the mansion and bakehouse croft lying adjacent to them, with teind sheaves included which are customarily rented together with these lands; whole and complete, the foresaid warren grounds called Links of Aberlady, with all their pertinents, together with the foresaid castle, tower and fortalice built by Patrick Douglas of Kilspindie on the north side of the said lands towards the sea; and also, whole and complete, the foresaid office of bailie of, whole and complete, the lands and township of Aberlady, with their pertinents, with all liberties, privileges, casualties, feus and dues owed to the said office, lying as has been said (with the reservation that has already been made) - to the forementioned Lord Alexander Hay, knight, or his certified attorney, bearer of the present document, by [...] of earth and stone, of the area of the said lands of Aberlady, at the said principal messuage and place of the manor of the same, by virtue of the forementioned union, as is the custom. And you should in no way omit to do this. To do this, we grant to you and any of you, jointly and severally our foresaid bailies in that part, our full and irrevocable authority by the wording of the present document. In testimony of this our own seal, together with the seal of our common chapter, has been applied to our present charter (signed by the hand of George Murray, servant of James Kinneir, scribe, with the royal signet by his own hand and those of the dean and chapter of the said church of our cathedral of Dunkeld), at Edinburgh on 23 February in the year of the Lord 1611, in the presence of these witnesses: Lord Archibald Douglas of Whittingehame, knight, Master William Oliphant of Newton, Master Richard Douglas of Brockholes, Master John Hay of Easter Kennet, William Hay of Struie, and the said James Kinneir and George Murray, his servant.
Follows the tenor of the forenamed tack of the teind of Aberlady set by the said Bishop of Dunkeld to the said Sir Alexander Hay: Be it known to all men by this present tack, we, Alexander, by the mercy of God bishop of Dunkeld, with express advice, consent and assent of the dean and chapter of the cathedral kirk thereof, for certain great sums of money, other gratitudes, pleasures and good deeds paid, done and performed to us for making and granting hereof by an honourable man, Sir Alexander Hay, knight, secretary to our sovereign lord, whereof we hold us well content and satisfied, and for us and our successors quitclaim, exonerate and simply discharge the said Sir Alexander Hay, his heirs, successors, executors, and all others whom it pertains, of the same for now and ever, renouncing the exception of no numerate money and all other exceptions whatsoever which may be proposed or alleged in the contrary; therefore know us to have set and in tack and assedation let and, by the tenor hereof, with advice and consent foresaid, set and in tack and assedation let to the said Sir Alexander Hay or to his assignees to be made and constituted by him, for all the days, years, time and space of the lifetime of the said Sir Alexander or of his assignee, and after the decease of the said Sir Alexander or of his said assignee, to the male heir of the said Sir Alexander or of his assignee foresaid to be constituted by him as said is, for all the days, years, terms, time and space of the lifetime of the said male heir, and after the decease of the said male heir, to the same male heir, his nearest and lawful male heirs and assignees whatsoever, for all the days, years, crops, time and space of 19 years next and immediately following the decease of the said male heir, so that this present tack and assedation shall endure and continue for the whole years, crops, time and space of the said two lifetimes and 19 years thereafter, without any interval or break of time or space whatsoever, all and sundry the teind sheaves of our parish kirk and parish of Aberlady, with parts, pendicles and pertinents thereof (except the teind sheaves of the mains of Aberlady, which with the said mains are set in feu ferm heritably to the said Sir Alexander Hay and were ever included therewith and never in use to be separate therefrom in any time bygone), lying within the constabulary of Haddington and sheriffdom of Edinburgh, pertaining to us as a part of the patrimony and property of our said bishopric, beginning the said Sir Alexander or his said assignee their entry to the said teind sheaves, for them and their foresaids, at the feast and term of Lammas [1 August] 1610, and from thenceforth to endure and to be peaceably teinded, led, collected, intromitted with, uplifted, set, used and conveyed upon by them at their pleasure in all time coming during the space foresaid, without any interval or break of time or space whatsoever; with full power to the said Sir Alexander Hay or his assignee above-nominated or their foresaids to teind, lead, collect, gather, intromit with and uplift all and sundry the teind sheaves of the parish kirk and parish above-specified (except before excepted) of the foresaid crop and year of God 1610, and also of all years and crops to come during the space above-expressed, and thereupon to convey at their pleasure, and also upon the same teind sheaves, inhibitions yearly at their instances to cause raise and be duly served and executed, actions of spuilzie or wrongful intromission to intend, prosecute and pursue, decreets thereupon to recover and the same to due execution to be put, acquittances and discharges of the same to give, subscribe and deliver, compone, transact and agree relating thereto, and generally to do, use and exercise all other things necessary in the premises and which we might have done ourself before the making hereof; with power likewise to the said Sir Alexander or his assignee and their foresaids to assign, transfer and convey this present tack and assedation and teind sheaves therein contained, in whole or in part, for whatsoever space or spaces and to any person or persons they shall think expedient, paying therefore the said Sir Alexander Hay or his said assignee to be constituted by him and their foresaids to us and our successor bishops of Dunkeld, or to others having our assignation, right and power, yearly and each year during the lifetimes, years and spaces respectively above-written, the sum of 200 merks usual money of this realm of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, together with one chalder of wheat and one chalder of barley between the feasts of Yule and Candlemas [2 February], and also the said Sir Alexander Hay and his foresaids relieving us and our successor bishops of Dunkeld of all taxations that shall happen to be imposed upon the said teind sheaves, and also of the reparation and building of the said kirk of Aberlady, and of the furnishing of the elements of bread and wine to the communion to be celebrated within the said kirk in all time hereafter during the years and space above-specified. And we in truth the said Alexander, bishop of Dunkeld, with consent foresaid, and our successor bishops of Dunkeld, this present tack and assedation of all and sundry the said teind sheaves of our said parish kirk and parish of Aberlady, with parts, pendicles and pertinents thereof (except as is before excepted), to the said Sir Alexander Hay or to his assignee above-nominated, their male heirs and assignees foresaid, during the whole lifetimes, years and spaces above-expressed, in all and by all things as is above-mentioned from our own proper fact and deed only, at all hands and against all persons as law will, shall warrant, acquit and defend without fraud or guile. In witness of the which thing to this tack (written by George Murray, servant to James Kinnear, writer to his majesty's signet), subscribed by us and by the dean and chapter of the said cathedral kirk of Dunkeld, our seal, together with the common seal of chapter of the said bishopric, are hereto appended at Edinburgh, 23 February 1611, before these witnesses: Sir Archibald Douglas of Whittingehame, knight, Master William Oliphant of Newton, Master Richard Douglas of Brockholes, Master John Hay of Easter Kennet, William Hay of Struie and the said James Kinnear. It is thus subscribed, [Alexander] Lindsay, [bishop of] Dunkeld, D. Ramsay, archdean, M. Graham, dean, Master Alexander Ireland, chanter, Master Sylvester Rattray, subchanter, Master William Issac, treasurer, Master James Mercer, prebendary of Fardischaw, Master Ja[mes] Stewart, prebendary of Inchmagrannachan, John Mann, parson of Menmuir, Master Thomas Lundie, prebendary of Alyth, Master David Drummond, prebendary of Crieff, William Bannewis, parson of Lundeif, William Fife, prebendary of Cragie, Master James Ross, prebendary of Muckersie, Master Alexander Omay, prebendary of Monzie, A[lexander] Douglas, witness, [Sir William] Oliphant, witness, R[ichard] Douglas, witness, M[aster] J[ohn] Hay, witness.
Follows the infeftment made by the archbishop of St Andrews to Patrick Douglas, younger, of Kilspindie, of the forenamed lands of Kilspindie etc. To all who will see or hear this charter George, by divine mercy, [arch]bishop of St Andrews and lord superior of lands and other things mentioned below, gives eternal greetings in the Lord. Let it be known that we, with the express consent and assent of the chapter of the metropolitan church of St Andrews, gathered for this purpose as a chapter, after diligent discussion and mature deliberation, have given, granted and by this present charter of ours confirmed, and also do give and grant and by this present charter of ours do confirm, to our beloved Patrick Douglas, son and heir apparent of Patrick Douglas of Kilspindie, legitimate offspring of him and of his wife Agnes Gray, and to his legitimate male heirs to be born, who by chance failing, to James Douglas, full brother of the said Patrick Douglas of Kilspindie and his legitimate male heirs to be born, who by chance failing, to James Douglas, second son of William [Douglas], earl of Angus, lord Douglas and Abernethy etc., and his legitimate male heirs to be born, all of whom failing they revert to the forementioned Patrick Douglas of Kilspindie and any of his male heirs and assignees, all and singly, the lands of Kilspindie, with the lands and townships of the same called Craigkane, Freeland and Standard Stanes lying contiguously, with manor place, houses, buildings, gardens, orchards, mills, multures, mill lands of the same, and each of their pertinents, with tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches and chaplaincies of the same, annex and connex, parts, pendicles and each of their pertinents, lying in the barony of Kilspindie, the regality of St Andrews and within the sheriffdom of Perth. These lands of Kilspindie, with manor, houses, buildings, mills, multures, annex and connex, tenants, tenancies and services of freeholders, advocations and donations of churches and chaplaincies and right of patronage of the same and any and each of their pertinents as stated above, lying as above, formerly belonged in heritage to Patrick Douglas of Kilspindie. He personally, of his own accord, surrendered them at [...] on [...] of the month of [...] in the year of the Lord 1609, 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 the said Patrick Douglas of Kilspindie has, had or in any way could have in any way in future for himself, his heirs and assignees, in respect of and towards the same lands and other things mentioned above, in perpetuity - saving and reserving to the foresaid Patrick Douglas of Kilspindie in free tenement or liferent and usufruct all and singly the lands of Kilspindie and other things mentioned above, with manor place, houses, buildings, gardens, orchards, mills, mill lands of the same, with tenants, tenancies and services of freeholders of the same, annex and connex, parts, pendicles and each of their pertinents, lying and relating as above, to the foresaid Patrick Douglas of Kilspindie for all the days of his life, and saving that reservation, everything proceeding by law - in favour of the foresaid Patrick Douglas of Kilspindie for the payment of those debts or for the help or supplement of other children or for the performance of his business, with full liberty, privilege and authority at his will to levy and receive the sum of 5,000 merks of the usual currency of the realm of Scotland from those lands, the mill, mill lands and townships mentioned above, or any part of them, and to alienate or pledge any part of the lands or mill or to take and levy an annualrent on them for that sum, and further to do and complete every necessary safeguard, and if it should happen to redeem that alienation or pledge in total or in part by requisition of a part or parts or otherwise, with a similar free authority, facility and freedom for the foresaid Patrick Douglas of Kilspindie to receive anew from the the same lands, mill and other things mentioned above respectively or any part of them a sum similar to what was paid for the redemption, and the same lands, mill and townships mentioned above or any part of them or to levy and receive an annualrent from them according to the amount of the said sum spent by him and in his name for the foresaid redemption, and regarding them and the said sum received by him, to do, make and deliver every safeguard necessary for any alienations, pledges and securities to be made as has been said, by the said Patrick Douglas of Kilspindie. His said son and heir apparent Patrick Douglas, and forementioned heirs and assignees, shall be held by the contents of the present document to give their consent and on that subject to grant and complete for his proprietary creditors every necessary security for the principal sums. All and singly, the forementioned lands of Kilspindie, with manor, houses, buildings, with the lands called Craigkane, Freeland and Standard Stanes, with mills, multures and their consequents, with mill lands of the same, annex and connex, tenants, tenancies and services of freeholders, advocations and donations of churches and chaplaincies of the same, and each of their pertinents, lying as above, are to be held and had by the forementioned Patrick Douglas, son and heir apparent of Patrick Douglas of Kilspindie, and by his legitimate male heirs to be born, who by chance failing, to Alexander Douglas, full brother of the said Patrick and his legitimate male heirs to be born, who by chance failing, by the forementioned James Douglas, full brother of the said Patrick of Kilspindie, and his legitimate male heirs to be born, whom by chance failing, by the forementioned James Douglas, second born son of the said William, earl of Angus, lord Douglas and Abernethy etc., and by his legitimately born male heirs, all of whom failing they revert to the forementioned Patrick Douglas of Kilspindie and any of his male heirs and assignees - from us and our successors as archbishops of the said archbishopric, in fee and heritage in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, woods, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, pigeons and dovecotes, coals and coalworkings, rabbits and warrens, fruit and orchards, workshops, breweries, brewhouses, whins, groves and thickets, wood, stoneworkings, stone and lime, with courts and their outcomes, inheritance payments, bloodwit and marriage of women, with common pasture and free entry and exit, 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 with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any impediment, revocation, contradiction or obstacle. In return, each year the forementioned Patrick Douglas, son and heir apparent of Patrick Douglas of Kilspindie, and his legitimate male heirs to be born, who by chance failing, the foresaid Alexander Douglas, full brother of the said Patrick and his legitimate male heirs to be born, who by chance failing, the said James Douglas, full brother of the said Patrick of Kilspindie, and his foresaid heirs, whom by chance failing, the said James Douglas, second born son of William, earl of Angus, lord Douglas and Abernethy etc., and his forementioned heirs, all of whom failing, the said Patrick Douglas of Kilspindie and his forementioned heirs and assignees, shall render to us and our successors as archbishops of the said archbishopric the rights and services of the said lands of Kilspindie and other things mentioned above, with their pertinents, due and customary to and for us and our predecessors before the foresaid resignation, only, in place of any burden, exaction, request, demand or secular service which could justly in any way have been exacted or required by anyone of the foresaid lands of Kilspindie and other things mentioned above with their pertinents. Further, for certain serious and reasonable causes which influence us, and for a certain sum of money paid and delivered to us in counted money by the said Patrick Douglas, younger, at the time of completion of the present document, and applied by us to the utility, use and convenience of our metropolitan church, with the express advice and consent of the chapter of the same church, we do not only ratify, approve and for ourselves and our successors confirm in perpetuity the foresaid resignation and all the other rights, titles and securities of lands and other things mentioned above, but also, with the advice of the forementioned, we have anew given, granted and conveyed, and by the contents of our present charter we do give, grant, convey and on behalf of ourselves and our successors, with the advice of the forementioned, in heritage confirm to the forementioned Patrick Douglas, younger, son and heir apparent of the said Patrick Douglas of Kilspindie, legitimate offspring of him and of his wife Agnes Gray, and to his legitimate male heirs to be born, who by chance failing, to Alexander Douglas, his full brother and his legitimate male heirs to be born, who by chance failing, to James Douglas, full brother of the said Patrick Douglas of Kilspindie and his legitimate male heirs to be born, whom by chance failing, to James Douglas, second son of William, earl of Angus, lord Douglas and Abernethy etc., and his legitimate male heirs to be born, all of whom failing, they revert to the forementioned Patrick Douglas of Kilspindie and any of his male heirs and assignees - all and singly, the foresaid lands of Kilspindie, with the lands and townships of the same called Craigkane, Freeland and Standard Stanes, lying contiguously, with manor place, houses, buildings, gardens, orchards, mills, multures, mill lands of the same, and each of their pertinents, with tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches and chaplaincies of the same, annex and connex, parts, pendicles and each of their pertinents, lying as has been said, with all rights, right, title, interest, claim at law (of claimant or possessor), property or possession which we or our predecessors or successors had, have or could in any way have in and to the foresaid lands of Kilspindie, with the lands and townships of the same called Craigkane, Freeland and Standard Stanes, lying contiguously, with manor place, houses, buildings, gardens, orchards, mills, multures, mill lands of the same, and each of their pertinents, with tenants, tenancies and services of freeholders, advocations, donations and right of patronage of churches and chaplaincies of the same, annex and connex, parts, pendicles and each of their pertinents, lying as said above, or to any part of them, or to their ferms, profits or dues in any years or at any terms in the past or in the future, which we had, have or in any way could claim or pretend to have, by reason of ward, relief, non-entry, recognition, forfeiture, bastardy, escheat, disclaimer of infeftments, sasines or retours, reduction or annulment of the holdings of the last heir, non-demonstration of rights and securities, non-production, alienation of the greater part of the said lands without the consent of their lords superior, non-payment of annualrents, dues and services of the said lands or other things mentioned above, process, valuation or sasine relating thereto, non-taking of rental or signatoryship in accordance with any acts of parliament passed in that regard, or by virtue of the act of annexation or of any other acts of parliament, other laws or statutes made or to be made to the contrary, non-confirmation in due time or falling in any way or in our hands and coming into our donation or disposal by any other right and title in the person of us or our successors by the force of the act of parliament held in Perth in July in the year of the Lord 156[...] we, restoring fully and completely to our and our predecessors' dignity, honour, place and pre-eminence of archbishopric which was customary in any age before the acts, or devolved for any other reason named or not, with agreement not to challenge, and with supplement of all defects prior to the date of the present document, and renouncing in favour of them every action and instance on behalf of ourselves and our predecessors for now and in perpetuity. All and singly, the foresaid lands of Kilspindie, with the manor, houses, buildings and lands called Craigkane, Freeland and Standard Stanes, with mills, multures and their consequents, annex and connex, tenants, tenancies and services of freeholders, advocations, donations of churches and chaplaincies and right of patronage of the same and each of their pertinents, lying as has been said, are to be held and had from us and our successors as archbishops of the said archbishopric, in fee and heritage in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, etc., with mills, multures and their consequents,etc., with any of their pertinents whether named or not, relating or justly capable of relating in any way in future to the foresaid lands of Kilspindie and other things mentioned above, with their pertinents. In return, each year the said Patrick Douglas, son and heir apparent of the said Patrick Douglas of Kilspindie, and his foresaid male heirs and others named above, shall render to us and our successors the rights and services relating to the said lands of Kilspindie and the other things mentioned above which were due and customary for us and our predecessors before the foresaid surrender, only, in place of any other burden, exaction, request, demand or secular service which could in any way be justly exacted or demanded by anyone in relation to the foresaid lands of Kilspindie and other things mentioned above with their pertinents. Indeed, we and our successors guarantee, renounce and in perpetuity shall defend against all mortals by our deeds at least, all and singly, the forementioned lands of Kilspindie with each of their pertinents specified above, in favour of the forementioned Patrick Douglas, son and heir apparent of the foresaid, and his foresaid male heirs and successors specified above, as freely and quietly, in and through everything, in form as in effect, as has been said. Hence we give greetings to you, jointly and severally, our beloved [...] and any of you, our bailies in that part. We instruct and order you that having seen the present document, you or one of you forthwith should see to the proper handing over and surrender without delay, as is the custom in such circumstances, according to the contents of our charter made out in that regard - the status and hereditary sasine and possession (actual and corporeal) of, all and singly, the foresaid lands of Kilspindie, with their pendicles called Craigkane, Freeland and Standard Stanes, and with mills, mill lands, tenants, tenancies and services of freeholders of the same, advocations and right of patronage of churches and chaplaincies of the same and each of their pertinents, in favour of the forementioned Patrick Douglas, son and heir apparent of the said Patrick Douglas of Kilspindie, and his foresaid male heirs or his certified attorney, bearer of the present document, by [...] of earth and stone, of the area of the said lands and mill, with the reservation to Patrick Douglas of Kilspindie, father of the said Patrick Douglas, in liferent, of all and singly the forementioned lands of Kilspindie and other things already said for the duration of all the days of his life. And you should in no way omit to do this. To do this, we grant to you and any of you, jointly and severally, our foresaid bailies in that part, our full and irrevocable authority by the wording of the present document. In testimony of this, our round seal, together with the present seal of our said chapter, as sign of their consent and assent, have been applied to the foregoing, this present charter of ours and the instruction of sasine inserted in it (from the handwritten document of John Blair, servant of George Mack, scribe, with the royal signet), at St Andrews on 12 July in the year of the Lord 1609, in the presence of these witnesses: Master John Wemyss of Craigton, commissioner of St Andrews, Master Alexander Gledstanes, our son, William Douglas, servant of the said Patrick, and David Skinner, notary public, our servant. It is thus subscribed, George [Gledstanes, archbishop of] St Andrews, J[ohn] Wemyss, witness, M[aster] Alexander Gledstanes, witness, William Douglas, witness, David Skinner, witness and writer, of the date and witnesses in this present charter.
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Our sovereign lord and estates of this present parliament ratify and approve the letter of pension granted by his majesty under his highness's privy seal to his highness's dearest cousin Ludovic, duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny, great chamberlain of this realm of Scotland, of all and whole a yearly pension of 4,000 merks money of this realm of Scotland, to be yearly taken and uplifted by the said lord duke during all the days of his lifetime at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, out of the readiest and best payment of the fruits, rents and duties of his majesty's property and customs of the kingdom of Scotland, or either of them, from his highness's comptroller present and to come and their deputes in the office thereof, and from the receivers whatsoever of his highness's rents and duties of his majesty's said property and customs present and to come or any one of them. And for better and sure payment of the said yearly pension, the same is specially assigned to be paid to the said lord duke during his said lifetime yearly by the tacksmen present and to come of his highness's customs and imposts of wines of the said kingdom of Scotland, of the first, readiest and best payment of the duties obliged to be paid to his highness and his comptrollers yearly, therefore beginning the first term's payment thereof at the feast and term of Martinmas in the year of God 1611, which letter of pension is dated at his majesty's palace of Whitehall, 10 June 1612, in the whole heads, points, articles, clauses, conditions and circumstances thereof, after the form and tenor thereof in all points. And further his majesty, with advice of his said estates, has dissolved and by this present act dissolves the foresaid yearly pension of 4,000 merks money foresaid from his highness's said property and customs, to the effect the same may be conveyed to the said Ludovic, duke of Lennox, enduring all the days of his lifetime. Likewise his highness and estates foresaid, by the tenor of this present act, now after the said lawful dissolution, give and convey the same pension of 4,000 merks to the said Ludovic, duke of Lennox, during all the days of his lifetime, after the form and tenor of the said letter of pension in all points.
[1612/10/60]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the infeftment granted under his majesty's great seal to and in favour of his highness's dearest cousin and councillor Ludovic, duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny etc., great admiral and chamberlain of this realm of Scotland, and to his male heirs therein mentioned, whereby our said sovereign lord, with advice and consent of his highness's treasurer, comptroller and treasurer of his highness's new augmentations for the time, has given, granted and conveyed to his said dearest cousin and his male heirs therein contained all and whole the dukedom, earldom, lordship, barony and regality of Lennox, with free chapel and chancellery, and with all immunities, privileges and liberties of regality, comprehending therein the lands, lordships, baronies, offices and others particularly and generally therein contained, as well property, tenancy as superiority of the same, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, meadows, mills, woods, fishings, tenants, tenancies and service of free tenants, advocations, donations and rights of patronages of kirks, chaplainries, benefices, annexes, connexes, dependents of all and sundry the foresaid dukedom, earldom, lordships, baronies, offices, regality and others particularly and generally mentioned in the said charter, all thereby united, annexed, created and incorporated in a whole and free dukedom, earldom, lordship and barony and regality to the said Ludovic, duke of Lennox, and his male heirs therein mentioned, to be called in all time coming the dukedom, earldom, lordship, barony and regality of Lennox, with privilege of free chapel and chancellery, and ordaining the place of Inchmurrin to be the principal messuage of the said dukedom. And in like manner our said sovereign lord, as father and lawful administrator, tutor and governor of his highness's dearest son Henry, prince and stewart of Scotland, has by the foresaid charter given, granted and conveyed to his highness's dearest cousin Ludovic, duke of Lennox and his male heirs foresaid, all and sundry the lands of Cruikissie and Darnley with the castle, fortalice and mill of the same; the lands of Inchinnan with the manor place and palace thereof and their pertinents; the west half of the lands and mains of Inchinnan extending to [...] merk land of old extent with the pertinents; all and whole the lands called Newshot lying within the flood mark near to Inchinnan; the lands of Parthinscott with the mill of the same; the lands of Dargavel with the castles, towers, fortalices, woods, mills, fishings, tenants, tenancies, service of free tenants of the same and all their pertinents lying within the barony and sheriffdom of Renfrew; all and sundry the lands and barony of Tarbolton, extending to a hundred pound land of old extent, with the woods, mills, fishings, tenants, tenancies and service of free tenants, advocation, donation and right of patronage of kirks and chaplainries of the same and all their pertinents; the lands of Galston with the tower, fortalice, manor place, mills, tenants, tenancies, service of free tenants, advocation, donation and right of patronage of kirks and chaplainries of the same and all their pertinents, extending to a forty merk land of old extent; and the lands of Dreghorn, extending to a twenty merk land of old extent, with the pertinents, lying within the sheriffdom of Ayr. Likewise his majesty, as father and lawful administrator foresaid to his highness's said dearest son the prince, has united, annexed, created and incorporated the foresaid whole lands, baronies and others immediately before mentioned in a whole and free earldom and free regality, with free chapel and chancellery and with all privileges, immunities, honours, dignities, casualties, profits and commodities whatsoever belonging and pertaining to a free earldom and free regality, chapel and chancellery to the said lord duke of Lennox and his male heirs foresaid, to be called the earldom and regality of Darnley in all time coming, as the said charter and infeftment containing diverse other clauses, privileges and immunities, of the date at Holyroodhouse, 21 February 1603, at more length purport, together with all and sundry other charters, infeftments, rights, titles and securities made and granted by his majesty in favour of his highness's said dearest cousin Ludovic, duke of Lennox, his heirs and assignees therein designed, of all and whole the said dukedom, earldom, lordships, baronies and regality of Lennox, and of the whole castles, towers, fortalices, offices, mills, woods, fishings and others whatsoever comprehended therein, and of the said earldom and regality of Darnley and others whatsoever comprehended therein, of whatsoever date or dates the same be of, in all and sundry the heads, clauses, conditions, articles, provisions, liberties, immunities, privileges and circumstances whatsoever specified and contained in the said infeftments and charters, both specially and generally above-mentioned, after the forms and tenors of the same and whole privileges therein mentioned in all points, ordaining this general ratification to be as valid, effectual and sufficient to his highness's said dearest cousin Ludovic, duke of Lennox, his male heirs and assignees mentioned in the said charters as if the foresaid particular charter and infeftment made and granted by his majesty in his favour in manner above-mentioned, and all other charters made and granted by his highness to him at any time bygone preceding the day and date of this ratification of the dukedom, earldom, lordships, baronies, regalities and others, both specially and generally above-mentioned, were specially inserted herein word by word, and ratified hereby in particular.
[1612/10/61]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the two charters respectively underwritten, namely: the one thereof made and granted by his majesty under his highness's great seal, with consent of his highness's treasurer for the time, to and in favour of his majesty's beloved William Nisbet of Dean, his male heirs and assignees whatsoever, of all and sundry the lands and others underwritten, namely: of all and whole the lands of Dean, with the corn and waulk mills thereof, mill lands, multures and sequels of the same, all and whole the muir called the Highland Muir, being proper part and pertinent of the same lands of Dean, lying within the bounds, meiths and marches after-specified, namely: between the lands of Ravelston on the west and north parts, and the proper arable lands of Dean on the east and south parts, with all and sundry their houses, buildings, yards, orchards, dovecots, fishings, outsets, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same lands and others foresaid whatsoever, lying within the sheriffdom of Edinburgh and near the burgh thereof, which are united and erected in a free barony called the barony of Dean, to be held of our sovereign lord and his successors by service of ward and relief, with the marriage when it should happen; which ward, non-entries, relief and marriage is taxed by the said charter to the sums of money following, namely: the said ward and non-entries yearly to the sum of 40 merks, and the said marriage to the sum of 500 merks, as the said charter of the date at his highness's court of Royston, 26 April 1610, at more length bears; and the other of the said charters made and granted by his majesty under his highness's great seal, with consent of his majesty's treasurer for the time, to the said William Nisbet and Janet Williamson, his spouse, the longest liver of the two in conjunct fee, and to the male heirs lawfully procreated or to have been procreated between them, which failing, to the nearest and lawful male heirs of the said William Nisbet and his assignees whatsoever, of all and whole the lands of poultry-land, with sequels, pasturage of goods and their pertinents lying in and beside the town of Dean and of old within the sheriffdom of Linlithgow, and now naturally and locally lying within the said sheriffdom of Edinburgh and near the said burgh thereof, together with the office of his highness's poulterer, to be administered and exerted by the said William Nisbet, his male heirs foresaid and their deputes in all time coming, to be held of our said sovereign lord and his successors in free blench, fee and heritage for ever, for the yearly payment of the sum of 5s usual money of this realm of Scotland at the feast of Whitsunday [May/June] upon the ground of the said lands and service of the said office of poulterer in name of blench ferm, if it be asked only, as the same charter of the date at Edinburgh, 1 November 1610, more fully purports, in all and sundry points, passages, heads, articles, clauses and conditions whatsoever contained in the infeftments respectively above-written, and either of them after the forms and tenors thereof, together with all and sundry other infeftments, rights and securities whatsoever made to the said William Nisbet and his authors of the lands and others above-specified with their pertinents or any part thereof; likewise his highness and estates foresaid declare that this present general ratification shall be as sufficient as if the said infeftments, rights and securities were at length engrossed in this present act. And further, our said sovereign lord and estates of this present parliament statute, decree, declare and ordain that the two particular infeftments above-written, of the dates respectively above-specified, with the precepts and instruments of sasine following thereupon, are and shall be good, valid, lawful and effectual rights and securities to the said William Nisbet, his said spouse and their foresaids for possessing and enjoying of the lands, barony and others above-specified therein contained, with their pertinents, according to the tenors thereof, as their heritage in all time coming, ordaining to extend an act of parliament hereupon, and to insert at length therein the infeftments respectively foresaid in the more form.
[1612/10/62]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having respect to the manifold good, true and thankful services done to his highness by his majesty's well-beloved and obedient subject Sir James Lockhart of Lee, knight, have ratified and approved and, by the tenor hereof, ratify and approve the infeftment made and given by his majesty under his highness's great seal of the date 18 July 1607, to Jane Auchinleck, spouse to the said Sir James Lockhart, then styled James Lockhart of Lee, in liferent during all the days of her lifetime, of certain lands therein contained within the barony of Lee, and to the said Sir James Lockhart of Lee and his male heirs lawfully procreated or to be procreated of his body, which failing, to the said Sir James's nearest and lawful male heirs whatsoever of the surname of Lockhart, accepting and bearing the arms of the house of Lee, their heirs and successors heritably, of all and whole the lands and barony of Lee and Cartland, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, multures and of certain annualrents therein specified, and of certain other lands annexed thereto, all united in the said infeftment in a whole and free barony to be called the barony of Lee; and also of all and whole the advocation, donation and right of patronage of the Lady Altar situated in St Nicholas chapel within the burgh of Lanark, and of the erection of the town of Cartland, lying within the said barony of Lee, in a free burgh of barony, with the whole privileges and immunities thereof and others therein contained, lying within the sheriffdom of Lanark, in all and sundry points, privileges, heads, articles, gifts, donations, clauses 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 Lockhart of Lee, knight, his male heirs and successors foresaid, shall peaceable and freely possess, hold and enjoy all and sundry the foresaid lands, barony, castles, towers, fortalices, manor places, mills, multures, annualrents, burgh of barony, advocation, donation and right of patronage of the foresaid altarage and others particularly and generally expressed in the said infeftment, with all their pertinents, privileges and commodities thereof, after the form and tenor of the foresaid infeftment, privileges and immunities therein contained in all respects in all time coming, without stop or impediment, and that this present general ratification and approbation of the said infeftment shall be of as great efficacy, force, strength and effect to the said Sir James Lockhart of Lee and his foresaids in all respects and conditions, as if the same were at length word by word engrossed herein.
[1612/10/63]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having seen and considered the infeftment made by his majesty under his highness's great seal, of the date 1 June 1609, to his trusty and well-beloved subject Sir Walter Dundas of that Ilk, knight, his male heirs and of tailzie mentioned therein heritably, of all and whole that portion of of land called the Friars Croft of Queensferry, proceeding upon the resignation of Robert Dundas, son to the late George Dundas of that Ilk, and also of the dissolution and suppressing of the parish kirk of Livingston and parish thereof lying within the sheriffdom of Linlithgow, which pertained of before to the abbacy of Holyroodhouse, from the said abbacy, and erecting of the same in a rectory or parsonage and annexation of the same to the foresaid croft, with the gift and disposition contained in the foresaid infeftment of the advocation, donation and right of patronage of the foresaid rectory or parsonage to the said Sir Walter and his male heirs foresaid heritable; and being ripely advised therewith, his highness and estates foresaid have ratified and approved and, by this ratification, ratify and approve the foresaid infeftment, with the precept and sasine following thereupon, in the whole heads, clauses, articles, circumstances and conditions contained therein and whole contents thereof; and will and declare this ratification to be as effectual in all respects as if the same were at length and word for word inserted herein, decreeing and ordaining the same to be good, valid and sufficient rights and titles to the said Sir Walter, his male heirs and of tailzie therein specified, for holding, enjoying and possessing of the foresaid lands, and of the said advocation, donation and right of patronage of the foresaid parish kirk of Livingston, rectory and parsonage thereof, in all time coming after the form and tenor of the foresaid infeftment and sasine in all points, notwithstanding of whatsoever act, law or statute made or to be made in the contrary.
[1612/10/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the heritable infeftment granted to Sir John Boswell of Balmuto, knight, of his lands of Balmuto, with the patronage of the kirk of Auchtertool, resigned by Henry [Stewart], commendator of Inchcolm, in his favour and now united and annexed in the said infeftment to the said lands of Balmuto, whereof the tenor follows:
James, by the grace of God, king of Great Britain, France and Ireland and defender of the faith, gives greetings to 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 beloved Lord John Boswell of Balmuto, knight, and any of his heirs and assignees in heritage, whole and, all and singly, the lands of Balmuto, with tower, fortalice, manor and place, houses, gardens, orchards, dovecotes, coals, coalworkings, mills, mill lands, multures, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders and all their pertinents, lying within the barony of Glassmount by annexation and our sheriffdom of Fife. These lands and other things already mentioned, with their pertinents, formerly belonged in heritage to the foresaid Lord John Boswell of Balmuto, knight; he personally, of his own accord, surrendered them at Edinburgh, into our hands and those of our commissioners as arbiters for the receipt of ordinances, 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 return for this new charter and hereditary infeftment in favour of the foresaid Lord John and his heirs and assignees to be given and completed by us under the great seal in the due form. Further, in return for the good, loyal and gracious service offered and given to us by the foresaid Lord John, and in various other respects, and for various good considerations which influence us, we have afresh given, granted and conveyed, and by means of this present charter of ours confirmed, and by the wording of the same do give, grant, convey and in perpetuity confirm in favour of the foresaid Lord John Boswell of Balmuto, knight, and his heirs and assignees in heritage, whole and complete, the foresaid lands of Balmuto, with tower, fortalice, manor and place, houses, buildings, gardens, orchards, dovecotes, coals, coalworkings, mills, mill lands, multures, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders 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 the foresaid Lord John and his foresaid heirs and assignees, for now and in perpetuity, with agreement not to claim, and with supplement of all defects whether named or not, which we wish to have in this present charter of ours as if expressed. Besides, considering that the rectory and vicarage of the parish church, and the parish, of Auchtertool, lying within our sheriffdom of Fife, which from of old related and belonged to the abbey of Inchcolm as a part of its patrimony and spiritual property, but are now vacant and in our hands, as a result of the surrender and resignation of the same made by Henry [Stewart], recently commendator of the said abbey, as the said surrender states; and bearing in mind how necessary it is that the rectories and vicarages of the said parish church and parish of Auchtertool 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, in fear of the Lord and wishing to unburden our conscience in fear of the Lord, and wishing to burden the foresaid Lord John Boswell of Balmuto, knight, and his heirs and successors in the foresaid lands of Balmuto and his foresaid heirs (with the provision of the said church in future), and through good and well tested experience of the prudence, discretion and judgment of the said Lord John in the prudent running of his own business, and of the ardent zeal which he exercises in the spreading of the Gospel, we are of a mind and settled will that the patronage of the said church of Auchtertool will remain with the foresaid Lord John and his foresaid heirs and successors. For various other reasonable causes and for good considerations which influence us, out of certain knowledge and with a proper motive, 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 said church of Auchtertool and the rectory and vicarage of the same in and to the foresaid lands of Balmuto, 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, we do make and establish the foresaid Lord John Boswell of Balmuto, knight, and his heirs and successors in the said lands of Balmuto the indubitable and irrevocable hereditary patrons of the said church of Auchtertool and the rectory and vicarage of the same, with authority to them to present, to the ordinaries, appropriate, suitable and qualified persons, whenever it should happen that it falls 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 could or can in similar circumstances within our realm. Whole and complete, the foresaid lands of Balmuto, with tower, fortalice, manor and place, houses, buildings, gardens, orchards, dovecotes, coals, coalworkings, mills, mill lands, multures, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders and all their pertinents, along with the said advocation, donation and right of patronage of the said church and parish of Auchtertool and the rectory and vicarage of the same, are to be held and had by the foresaid Lord John Boswell of Balmuto, knight, and his foresaid heirs and successors from us and our successors in fee and heritage in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, woods, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits, warrens, pigeons and dovecotes, workshops, breweries, brewhouses, whins, woods, groves 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 with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the said Lord John and his foresaid heirs and successors shall render to us and to our successors one silver penny on the day of the feast of Pentecost for the earth and stone of the said lands by way of blench ferm, if asked for, only. In testimony of this, we have instructed that our great seal be applied to this present charter of ours. Witnesses were our kinsmen and councillors James [Hamilton], marquis of Hamilton, earl of Arran, lord Aven, etc., George [Keith], earl Marischal, lord Keith, etc., marischal of our realm, Alexander [Seton], earl of Dunfermline, lord Fyvie, etc., our chancellor, our beloved familiars and councillors lords Alexander Hay [of Whitburgh], our secretary, Richard Cockburn, younger, of Clerkington, keeper of our privy seal, Thomas Hamilton of Byres, clerk of our rolls of register and council, John Cockburn of Ormiston, our justice clerk, and Master John Scott of Caiplie, director of our chancellery, at Whitehall on 1 July in the year of the Lord 1612, and in the forty-fifth and eighth of our reigns, in all and sundry heads, clauses, articles, points and conditions thereof whatsoever, and declare the said infeftment to be good, valid, effectual and sufficient to the said Sir John Boswell of Balmuto, knight, in all time hereafter.
[1612/10/65]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament presently convened, having seen and considered the infeftment and charter made and granted by the reverend father in God, George [Gledstanes], archbishop of St Andrews, with consent of the chapter of the cathedral kirk thereof, of the date the [...] day of [...] 1612, ratifying and approving the charter of feu ferm made and given by the late Patrick [Adamson], archbishop of St Andrews, to the late George Haliburton of Pittarchy and Margaret Dumbreck, his spouse, their heirs and assignees mentioned therein, of all and whole a twenty fourth part of the towns and lands of Kincaple occupied for the time by John Mitchell, and of a sixteenth part of the said towns and lands on the west side of the same occupied by David Forrester, and of another sixteenth part of the said town and lands occupied by Thomas Vennesone, with their pertinents, lying within the regality of St Andrews and sheriffdom of Fife; and likewise ratifying the charter made and given by the said late Patrick, archbishop of St Andrews, to the said late George Haliburton, his heirs, assignees and successors, of all and sundry the feu ferms of a sixteenth part of the said town and lands of Kincaple occupied by Patrick Kinninmonth of Callinsche, and of a third part and ninth part of the said town and lands occupied by Patrick Duddingston, and of a twenty fourth part of the said town and lands occupied by Andrew Month, and of another twenty fourth part of the said town and lands occupied by David Forrester, and of another twenty fourth part of the said town and lands occupied by Andrew Brown, and of another twenty fourth part of the said town and lands occupied by [...] and their tenants, together with a precept of clare constat made and given by the said George, archbishop of St Andrews to James Haliburton of Essie, as son and heir to the said late George Haliburton, of all and sundry the said feu ferms of the foresaid particular parts and portions of the said town and lands of Kincaple, and a charter made and given by the said James Haliburton of Essie to Sir George Hay of Nether Liff, knight, his male heirs and assignees, of all and whole the said twenty fourth part of the said town and lands of Kincaple occupied for the time by the said John Mitchell, and of the said sixteenth part of the said town and lands occupied by the said David Forrester, and of the said other sixteenth part of the said town and lands occupied by the said Thomas Vennesone, and another charter made and given by the said James Haliburton of Essie to the said Sir George Hay, his male heirs and assignees, of all and sundry the said feu ferms of the said other particular parts and portions of the said town and lands above-expressed, with their pertinents; and likewise containing a new infeftment and gift of novodamus made and granted by the said George, archbishop of St Andrews, with consent foresaid, to the said Sir George Hay, his heirs and assignees mentioned therein, of all and sundry the foresaid twenty fourth part of the said town and lands of Kincaple occupied for the time by the said John Mitchell, and of the said sixteenth part of the said town and lands occupied by the said David Forrester, and of the said other sixteenth part of the said town and lands occupied by the said Thomas Vennesone, and also of all and sundry the said feu ferms of the said other particular parts and portions of the said town and lands above-expressed, with their pertinents; and being ripely advised therewith, his majesty and estates foresaid have ratified and approved and, by the tenor hereof, ratify and approve the foresaid charter and infeftment in the whole heads, articles, clauses, circumstances and conditions contained therein and whole contents thereof, decreeing and ordaining the said Sir George Hay, his heirs and assignees to have the undoubted right to the foresaid lands, and of the feu ferms and duties contained in the foresaid infeftments and charters respectively perpetually in all time coming to be possessed, enjoyed, intromitted with, taken up, used and conveyed by them after the form and tenor of the foresaid charter and infeftment in all points.
[1612/10/66]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his highness's estates of parliament, ratifies, approves and confirms the commission and licence granted by his majesty under his highness's great seal to his majesty's beloved Sir George Hay of Nether Liff, knight, gentleman of his majesty's privy chamber, his heirs, executors and assignees, by himself, his factors and servants and others having his licence, tolerance and permission within the whole bounds of the kingdom of Scotland, to make iron and glass within the said kingdom of Scotland in form and manner specified in the said commission, and that during the space of 31 years next after the date after-specified of the said commission, as the same, containing diverse and sundry other privileges, provisions and conditions, of the date at Whitehall, 24 December 1610, at more length purports, in all and sundry points, passages, heads, articles, clauses, conditions and circumstances whatsoever therein contained, after the form and tenor thereof, with all that has followed or may follow thereupon. Likewise his majesty, with advice and consent foresaid, statutes, decrees and ordains that the foresaid commission and this present ratification thereof shall be a sufficient, lawful and valid right to the said Sir George Hay and his foresaids for using of the whole rights, privileges and liberties therein contained, and uplifting of the whole profits and duties comprehended or that may be comprehended under the said commission during the space above-specified therein contained, after the form and tenor thereof in all points.
[1612/10/67]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament ratify and approve the licence and privilege granted by his majesty under his highness's great seal of the date the [...] day of [...] 16[...], to Archibald Primrose, clerk of his majesty's mines, his heirs and assignees whatsoever, for making of iron within the bounds of the sheriffdom of Perth in manner and for the whole years contained in the said licence and privilege; and decree and declare that this present ratification shall be as valid and sufficient to the said Archibald Primrose and his foresaids for enjoying of the same privilege as if the same had been wholly engrossed herein.
[1612/10/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament presently convened, having seen and considered the letter of gift and confirmation made and granted by George [Gledstanes], by the mercy of God archbishop of St Andrews, with advice and consent of the chapter of the metropolitan kirk thereof, of the date the [...] day of [...] 1612, ratifying and approving a letter of gift and pension made and given to George and Andrew Haliburton of £500, to be taken up yearly out of the fruits, rents and duties of the said archbishopric of St Andrews, and specially assigning to them the mails, ferms and duties of certain particular lands specified in the said gift for payment thereof, with power to the said George and Andrew to make assignees to the said pension during all the days of the said assignees' lifetimes, as the said gifts and ratifications of the same respectively made relating thereto bears; and being ripely advised therewith, his highness and estates foresaid have ratified and approved and, by the tenor hereof, ratify and approve the foresaid whole gifts of pensions and ratifications thereof respectively in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained therein and whole contents thereof, decreeing and ordaining James Haliburton of Essie, son and heir of the said late George Haliburton, and assignee constituted to the foresaid pensions, to have the undoubted right to the foresaid pensions perpetually in all time coming, to be possessed and enjoyed by him, his heirs and assignees after the form and tenor of the gifts, assignations and dispositions respectively made to them thereupon.
[1612/10/69]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates of this present parliament, ratifies, confirms and approves the heads and articles of agreement made between a reverend father in God, George, archbishop of St Andrews, on the one part, and the commissioners for the provost, bailies, council, deacons of crafts and community of the said city on the other part, regarding all controversies and debates standing between the said archbishop, immediate superior of the said city, and the citizens thereof, touching either of their privileges, freedoms and duties belonging and appertaining to either of the said parties, which articles our said sovereign lord and estates ordain and decree to stand and continue in all time coming as the rules and bonds of perpetual peace between the said parties and their successors; as also they decree and ordain that all infeftments, evidents and securities founded or to be founded upon the said articles and conditions already agreed and subscribed by both the said parties shall be as valid and effectual as if the same were expressly ratified and approved by our said sovereign lord and estates of parliament, of the which articles of appointment and commissions granted to the said commissioners for performing of the said articles of appointment, the tenors follows: At Edinburgh, 7 December 1611, a reverend father in God, George, archbishop of St Andrews, on the one part, and Henry Arthur, dean of guild of the city of St Andrews, Duncan Balfour, one of the bailies thereof, John Arnott, commissioner clerk of St Andrews, John Carstairs, deacon warner of the crafts of the said city, and John Mills, deacon of the bakers thereof, commissioners for the provost, bailies, council and whole body of the crafts of the said city, to confer, entreat and conclude and settle peace with the said lord archbishop and them regarding the rights of the said city and a settled peace and government of the same city in all times thereafter, as their commissions bear, on the other part, have agreed and convened upon these articles, heads and conditions after-specified, to be extended in ample form of contract. Firstly, my said lord archbishop of St Andrews shall be bound and obliged to grant, pass and complete to the provost, bailies, council and community of the said city of St Andrews a confirmation of the whole infeftments, rights, evidents, writs and securities made by his lordship [or his]† predecessors, bishops or archbishops of St Andrews, to them and their predecessors, inhabitants of the said city, of the lands of Pilmuir, that portion of land called the Saltgerse, the Links of St Andrews as the same lies in length and breadth, with the mussel bed, to the water of Eden, as the same ebbs and flows with the lands called the North Haugh and the lands called the South Haugh, their common lands and commonty of the said city, without prejudice of the infeftment granted to Laurence Wan to set nets upon the sands for fowling to my lord archbishop's use, with the privilege of the shore port and harbour of the said city, anchorage, small toust† wherein they and their predecessors are and have been in use or possession, reserving to my lord archbishop and his successors to be [first]† served at the shore and the privilege of my lord's customs admiral and searcher also reserved, with their whole tenements and burgh lands lying within and without the burgh ruids of the said city, and all other privileges, liberties and immunities of the same city as they and their predecessors possess and possessed the same of old, and of their mills, as well water as wind mills already built, and of the thirl, multures and sucken belonging thereto, and of the friars' lands lying within and beside the said city, as well black as gray friars' yards, and annuals belonging and pertaining thereto, and of the duties of the customs of the markets of St Monans and Kilconquhar, together with an infeftment of novodamus for payment of the yearly duty underwritten, to be held of the said archbishop and his successors in feu ferm, which infeftment shall contain the absence of all supplements in as ample form, as the said provost, bailies and council shall devise for their security. As also the said archbishop, for him and his successors, to be bound and obliged to the said provost, bailies and council that the whole old infeftments, evidents, writs and securities contained in that book called the Black Book of the said city, which is all written by the late John Mutto, clerk of the said city for the time, which is only a memory and record of the infeftments, evidents and writs made to the said provost, bailies, council and inhabitants of the said city of St Andrews and their predecessors by the bishops and archbishops thereof and by the kings of Scotland of old, of their common land, burgh lands, liberties, privileges and immunities, the principals whereof by reason of the past civil and foreign war in equities often are not extended† but destroyed, shall in all times hereafter make as great faith to and in favour of the inhabitants of the said city against my said lord archbishop himself and his successors as if the same were the originals or authentically copied by decreet of the lords of council and session, providing that no writ therein be derogative to the contents contained in these present articles. Moreover, my said lord archbishop shall grant to the said provost, bailies and council a confirmation of the erection of the said city in a free burgh of regality, likewise his lordship shall be bound to erect the said city of new with all privileges of a burgh of regality, to be crowners within themselves, burgh ruids and possessions of the inhabitants of the regality, with a disposition of their bloodwits so far as lies in his lordship's power, or he may of law, and exemption from all service to the stewart of the regality passing upon the stewart's assizes, keeping of their warders and furnishing of executioners, except in so far as the common law provides, except the service of an heir to a native inhabitant as heir to his predecessors, and except the fact and deed be committed within the said city, burgh ruids, liberties and possessions of the same only. And also his lordship, upon the said city's expenses, shall employ his means to obtain off his majesty a confirmation of the said city's whole infeftments granted by his highness's predecessors in favour of the said city and inhabitants thereof, with a gift and disposition of all privileges, liberties and immunities as any burgh regal within this realm. And also in respect my said lord archbishop is acquainted with the poor estate of the said city and inhabitants thereof, that his lordship shall intercede with his majesty and use all possible means to obtain of his highness a discharge of the sum of 2,000 merks money, in the which the said city was confined for the alleged riot committed at the escaping of Walter Geddie; as also to intercede with his majesty for obtaining his highness's favour to the said city and inhabitants thereof, and to obtain a discharge of the action presently depending before the lords of his highness's secret council at the instance of my lord advocate against certain neighbours of the said city for contempt of his majesty's commission and commissioners, providing that such persons as consent not to this present appointment be in no way comprehended in the said discharge. And [in]† the like manner the said archbishop, for him and his successors, shall give to the said provost, bailies and council of the said city a discharge to such neighbours thereof as they shall give to his lordship in roll for building forth upon the calsay of the said city and of the action of purpresture competent to his lordship thereof; as also in respect the vicarage of St Andrews is annexed and incorporated to the archbishopric thereof, therefore my lord archbishop and his successors shall be bound and obliged to the provost, bailies and council of the said city after the decease of the present vicar to furnish, upon his lordship's and his successors' expenses, a qualified reader to the parish kirk of the said city and to pay an honest, yearly stipend to him. Moreover, the said archbishop, for him and his successors, shall grant and give to the said provost, bailies and council of the said city the free election of their common clerk, he always swearing his faith, loyalty and truth to his majesty and to my lord St Andrews, overlord of the said city, and also my lord archbishop, for him and his successors, shall grant to the provost, bailies and council of the said city the election of a master of their grammar school, which pertained of old to the archdeacon of St Andrews and now to the said archbishop, in respect of the annexation and incorporation of the said archdeanery to the said archbishopric, the said archbishop and his successors always having the trial of his qualification. And finally, the said archbishop and his successors shall be solemnly sworn to the provost, bailies and council of the said city for themselves and in name of the whole inhabitants thereof, not only to maintain and defend them in general, their town, lands, liberties, privileges and estate by law at court, council, session and justice in all their honest actions and causes, but also in special every particular member thereof, their action or actions being always worthy [of] his lordship's protection; for the which causes the said provost, bailies and council of the said city and the whole burgesses to be received hereafter and free men shall be sworn to the said archbishop to be true and loyal to his majesty and to his lordship, their overlord, as becomes vassals to their superior, according to their old and accustomed oath contained in their old registers. And also the said provost, bailies and council shall be obliged to pay to the said archbishop and his successors the yearly feu duties after-mentioned for the particular lands, mills, burgh lands and others above-mentioned, as is particularly underwritten, the sum of £28 usual money of this realm at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, in name of feu: namely: for the burgh mails contained in the old rental, £8 with 10s in augmentation of the rentals, and for the said lands of Pilmuir, the Links, the mussel bed and portion of land called the Salt Gersse, the sum of £6, and for the lands of the South and North Haughs the sum of £6, and for the windmill built and wind and water mills to be built and the commonty of the said city, the sum of £6, and for the privilege of the shore anchorages and [tousts], 20s money, and for the duties of the markets of St Monans and Kilconquhar, the sum of 10s only. And also every person within the said city entering here to their predecessors to any burgh lands, ruids or yards within and without the said city by the bailies thereof, shall pay to my lord and his successors one penny sterling money in addition to the bailies' wine due to them in the name of homage, and another person stranger entering shall pay two pennies sterling money. And the clerk's protocol to be a book of respondee to his lordship to that effect, the clerk to be receiver and to be accountable to my lord thereof yearly. And also the provost, bailies and council of the said city shall give liberty and privilege to the said archbishop to plant and place rabbits and clappers† within the links of the said city as his predecessors had liberty of before, and the said provost, bailies and council shall be bound and obliged to my lord and his successors to lay and repair the whole calsays of the said city within the space of five years; and in case it shall happen at any time after the laying thereof to break, and my lord and his successors to require them to repair, lay and mend the same upon the requisition of six months, and they to fail, in that case they shall be bound to my lord and his successors in the sum of 100 merks money to be employed upon the laying, mending and repairing of the said calsays. Moreover, the provost, bailies and council of the said city shall yearly upon the provisions after-mentioned present to the said archbishop two persons with the old provost, a leet† to the provostry of the said city, and two persons with the old dean of guild to the guild thereof, who are and have been councillors within the said city, actual traders and residents therein and have borne office of before, and to present a leet to my lord of eight persons with the four present bailies, actual traders and residents within the said city, who are and have been councillors therein, to the office of bailiary, and to leet and present two persons with the old treasurer to the treasury of the said city upon the same quality upon Tuesday before noon after Michaelmas day [29 September] yearly, which is the ordinary day of their election; and the archbishop out of the said leets to have the election of a provost, dean of guild, four bailies and treasurer for the government of the said city upon these conditions and provisions following: In the first, in case the said archbishop and his successors be not actual residents and preachers within the said city, secondly, in case it shall happen the said archbishopric to be annexed to the crown or erected in a temporality, that then and in either of the said cases the said provosts, bailies and council of the said city to have the free leeting and election of their said provost, dean of guild, bailies and treasurer as they were in use of before; and this ratification to be in no way derogative thereto. And the customs officer of the shore of the said city to be sworn to my lord that no forbidden goods by his knowledge shall pass out of the realm, and if he shall know any he shall notify the same to my lord under the pain of deprivation. And finally, the clerk of the said city shall be solemnly sworn to be loyal and true to his majesty and to my lord archbishop, overlord of the said city, and both the said parties bind and oblige them faithfully to extend this present minute in ample form of contract and thereafter to perfect and subscribe the same, keeping always the substantials of these articles above-written. And for the more security, both the said parties are content and consent that this ratification be inserted and registered in the books of council and discerned to have the strength of a decreet of the lords thereof, with letters to pass thereupon in the appropriate form; and for retiring hereof make and constitute etc. our lawful procurators, promising ratification. In witness whereof, written by John Martin, younger, we have subscribed this ratification with our hands, day, year and place foresaid, before these witnesses: George [Graham], bishop of Dunblane, John [Campbell], bishop of Argyll, Sir Peter Young of Seaton, knight, Master Thomas Henryson, one of the commissioners of Edinburgh, and Master William Cooper, one of the pastors of the burgh of Perth, and Robert Leighton of Ulishaven. It is thus subscribed, George, St Andrews, Henry Arthur, dean of guild, John Carstairs, deacon warner, John Arnott, with my hand, Duncan Balfour, bailie, John Mills, deacon of the bakers, M[aster] Graham, bishop of Dunblane, witness, S[ir] P[eter] Young, witness, T[homas] Henryson, witness, Master William Cooper, minister at Perth, witness, Jo[hn], Lismore, witness to my lord Archbishop of St Andrew's subscription, Robert Leighton of Ulishaven, witness. At St Andrews, 3 December 1611. The which day, the provost, bailies and council of the city of St Andrews, being solemnly convened within the tolbooth of the said city, the ordinary place of their convention, and understanding that a great number of the honest men, neighbours of the said city, being cited at the instance of my lord advocate for his majesty's interest before the secret council for the proud contempt of his majesty's commission directed to Robert, lord Lindsay, Andrew Wemyss of Myrecarny, one of the senators of the college of justice, and Master George Young of Wilkieston, one of his highness's secret council in Scotland, the ordinary time of the election of the magistrates of the said city, being upon Tuesday after Michaelmas [29 September], whereupon his majesty, having conceived in high displeasure not only against the contemners of his majesty's commission for their misbehaviour, but the whole inhabitants of the said city, and the present provost, bailies and council of the said city, for themselves and in name of the whole community thereof, in consideration of the oversight of their neighbours, and with all humility, to give his majesty satisfaction for their offence, have submitted themselves, rights and privileges of the said city on the one part, and the archbishop of St Andrews, their overlord, on the other part, to certain noble, honourable, godly and discrete persons, and in case of discrepancy to our dread sovereign the king's majesty as only arbiter and oversman, as the blank and submission upon the back thereof, subscribed by both the said parties, purport; and the said archbishop, having an honourable and fatherly love and care to the said city and inhabitants thereof, as becomes an overlord to his vassals and a loving father to his children, and for eschewing of controversy between his lordship and his said vassals and to give his majesty's full satisfaction, his lordship, having capitulation with certain commissioners of the said city, having sufficient commission to confer and entreat with his lordship regarding the settling of a peace and government of the said city, and thereupon having taken a dissolute conclusion of certain articles craved to be performed by them to my lord St Andrews, and by his lordship to them, as the same signed by Patrick Boncle, clerk of the said city, purports, so that in effect there rests nothing now but the perfecting of the said articles, which cannot be done in respect of his lordship's absence, but by commissioners; therefore the council foresaid has given and granted, likewise they, by this contract, give and grant full power and commission to Henry Arthur, dean of guild of the said city, Duncan Balfour, one of the bailies thereof, John Arnott, commissioner clerk of St Andrews, John Carstairs, deacon warner of the crafts of the said city, and John Mills, deacon of the bakers thereof, jointly their commissioners, giving, granting and committing to them their full, free, plain power, general and special command, express bidding and charge as representing the body of the whole council of the said city, to confer, entreat and conclude with his lordship and thereafter to conclude the said articles and to perfect and perform security between his lordship and the provost, bailies and council of the said city, representing the whole community, either by articles or perfect contract, always keeping the substance of the said articles as if the whole body of the council of the said city and whole inhabitants thereof were present at the performing of the same; which appointment to be performed, the said provost, bailies and council, for themselves and in name of the whole community, now as then and then as now, ratify and approve and oblige them to ratify the same of new, firm and stable holding and for to hold all and whatsoever things the said commissioners jointly in the premise lawfully lead to be done, under the pain of perjury and infamy of their fame and reputation. Extracted from the books of acts of the city of the council of St Andrews by me, Patrick Boncle, notary public, clerk of the same city, witnessing this by my subscription manual. It is thus subscribed, P Boncle Schir.† Monday, 2 December 1611. The which day John Carstairs, deacon warner of the crafts of the city of St Andrews, having convened the whole deacons of the crafts of the said city, they are to say: Robert Smith, deacon of the hammermen, John Mills, deacon of the bakers, Patrick Melville, deacon of the wrights, Robert Carstairs, deacon of the tailors, Alexander Fairfoul, deacon of the shoemakers, David Phennesoun, deacon of the butchers, and Thomas Anuell, deacon of the weavers, with the whole councils of their particular crafts, upon the hill called the Gallow Laik, as the ordinary place of their meetings, and there in presence and audience John Arnott, commissioner clerk of St Andrews, one of the councillors of the said city, being directed commissioner from the councillors of the said city to acquaint, deal, treat and crave their deliberation and consultation regarding certain articles craved and desired to be completed, passed and performed by my lord archbishop of St Andrews to the provost, bailies, council and community of the said city of St Andrews, inhabitants thereof, and privileges, liberties of the said city and rights of their common lands and burgh lands, as also concerning certain articles to be perfected and performed by the provost, bailies and council of the said city, for themselves and in name of the community of the said city, to my lord St Andrews, their overlord and superior, marked by Patrick Boncle, common clerk of the said city and clerk of the council thereof, which being [openly]† read by the said John Arnott in presence of the deacon warner, whole deacons of the crafts foresaid and their councils, and also in presence of me, notary public underwritten, and being therewith ripely advised and also earnestly craving at God for settling of the turbulent estate of the said city, that God may be honoured, the king's majesty and my lord St Andrews, their overlord, may have satisfaction and the turbulent commonwealth of the city quieted, and the rights, privileges and immunities of the said city confirmed and approved to the present inhabitants thereof and to the posterities to come, have all in one voice consented to the articles foresaid as well to be performed by my lord [archbishop]† of St Andrews, their overlord, to the provost, bailies, council, community, citizens and inhabitants of the said city, as also to the articles read as said is to be performed by them to my said lord St Andrews, their overlord, and by this contract give commission to the said John Carstairs, deacon warner, and John Mills, deacon of the bakers, as representing their whole number and body, to entreat with my lord St Andrews for perfecting of the said articles, and to conclude, pass and perfect sufficient securities thereupon for accomplishing thereof; which being perfected, now as then and then as now, as if they were personally present at the performance thereof, by this act ratify; whereupon the said John Carstairs, deacon warner foresaid, asked instruments, documents and act of court from me, Master Magnus Arthur, notary public, clerk to the said crafts, which I testify by this my subscription manual. Thus Mr Magnus Arthur, notary public, asked and requested in the foregoing matter, subscribed in his hand. Nevertheless, our said sovereign lord and estates foresaid declare and ordain that the foresaid appointment, whole articles above-written, with the infeftments that have followed and shall follow thereupon, nor this present act of ratification thereof, nor no head, clause, article and condition, general or special, here and therein expressed, nor nothing that shall follow thereupon, shall in any sort be hurtful nor prejudicial to any infeftments, writs, rights and securities made and granted to and in favour of Robert, lord Lindsay, his predecessors and authors whatsoever by the said George, archbishop of St Andrews and his predecessors, and by our said sovereign lord and his progenitors, of whatsoever lands, offices, jurisdictions, privileges, fees, casualties, immunities and others contained in the said infeftments, rights and securities made and granted to and in favour of the said noble lord and his foresaids thereupon, which and every one of them our said sovereign lord and estates foresaid ratify and approve in all the heads and points thereof, ordaining this ratification to be as effectual to the said noble lord and his foresaids relating thereto as if they were herein set down at length, and that by virtue thereof they hold, enjoy, use and possess all their said lands, offices and others contained in their said rights and infeftments peaceably in all time coming, notwithstanding of the foresaid appointment, articles and infeftments above-mentioned and of this present ratification, after the form and tenor of the said noble lord's rights and securities, whereunto this present act nor nothing herein expressed, concluded and set down in favour of the said city of St Andrews shall make any derogation, hurt or prejudice in any sort, directly nor indirectly.
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Our sovereign lord and estates of parliament presently convened ratify, approve and confirm the charter and infeftment, donation and disposition therein contained, made, given and granted by our said sovereign lord under his highness's great seal of the kingdom of Scotland of the date at Royston, 21 October 1612, to William, lord Keith, master of Marischal, his male heirs and of tailzie therein specified, of all and whole the lands, lordship and barony of Inverugie, specially comprehending therein all and sundry the lands, lordships and baronies, offices, castles, towers, fortalices, mills, woods, fishings, parks, forests, mansions, manors, advocation, donation and right of patronages, benefices, kirks, chaplainries, altarages, parsonages and vicarages, tenants, tenancies, service of free tenants and others particularly and generally specified therein, united and annexed of before to the said lordship and barony of Inverugie; as also all and whole the lands, lordship and barony of Dunnottar, comprehending specially therein all and sundry the lands, lordships, baronies, offices, with castles, towers, fortalices, mills, woods, fishings, parks, forests, mansions, manors, advocations, donations and rights of patronages, kirks, benefices, chaplainries, altarages, parsonages and vicarages thereof, tenants, tenancies, service of free tenants and others particularly and generally united, annexed and incorporated of before to the said lordship and barony of Dunnottar, together with the advocation, donation and right of patronage of the parsonage and vicarage of Benholm, now annexed and incorporated to the said lordship and barony of Dunnottar, together with the taxed ward of the said lordship and barony of Inverugie of old conveyed by his majesty to the said Lord Keith and his predecessors; and also ratify, approve and confirm another charter and infeftment, donation and disposition therein contained, made, given and granted by our said sovereign lord under his highness's great seal of the said kingdom of Scotland, of the date at Royston, 21 October 1612, to the said William, lord Keith, master of Marischal, his male heirs and of tailzie therein contained, of all and sundry the lands, lordship and barony of Altrie, specially comprehending therein all and sundry the lands, lordships, baronies, mills, woods, fishings, parks, forests, mansions, manors, teind sheaves, other teinds, ferms, annualrents, kanes, customs, casualties, duties, with advocation, donation, right of patronage, tenants, tenancies, service of free tenants and others particularly and generally of old united and annexed to the lordship of Altrie, together with the advocation, donation, right of patronage of the vicarage of Peterhead and prebendary of Deer founded within the cathedral kirk of Aberdeen, with the teind sheaves and other teinds of the lands of Fechil, with the pertinents likewise annexed of before to the said lordship of Altrie, together with the said vicarage of Peterhead and all lands, teinds, fruits, rents of the same now annexed to the said lordship of Altrie as said is, as also all and whole the kirk lands of Dunnottar and Fetteresso, the lands of Clerkinscheillis, the lands of Tulliequhillie, Mallamuck and crofts of Banchrie, the third part of the mill called the Schiref Mill, with multures thereof, parts, pendicles, tenants, tenancies, service of free tenants of the same and all their pertinents, and also all and sundry the crofts, tenements, houses, buildings, yards, acres, annualrents and others whatsoever pertaining to the Brethren of the Preachers and Carmalite Friars of Aberdeen wherever they lie within the kingdom of Scotland, as the said two several charters and infeftments of the dates above-specified at more length is contained, in all and sundry heads, points, clauses, articles, provisions, conditions and circumstances thereof. And his majesty and estates will and declare that this present ratification and approbation is and shall be of as great value, strength, force and effect to the said William, lord Keith and his foresaids for holding, enjoying and possessing of all and sundry the foresaid lands, lordships, baronies, advocation, donation, right of patronage of the kirks above-specified and others particularly above-mentioned perpetually in all time coming, as if the foresaid charters and infeftments were herein word by word engrossed and specially expressed and ratified, reserving always to George, earl Marischal etc., his liferent of all and sundry the foresaid lands, lordships, baronies and others particularly above-written during all the days of his lifetime, and also without prejudice to [George Gledstanes], archbishop of St Andrews and to John Gordon of Cairnborrow regarding whatsoever rights and titles they have to the patronage of the foresaid kirks, feu mails and feu duties of the lands and others above-written according to the law.
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†Our sovereign lord, with advice and consent of the three estates of the parliament of his highness's kingdom of Scotland presently convened, considering the princely clemency which binds his majesty in the example of his most noble progenitors to impart to his most loving subjects such honours and dignities as their merits and virtuous acts in great services and profitable offices to his highness and the common good justly requires, and his majesty, remembering the many great, true and thankful services done to his highness by his majesty's right trusty cousin and councillor Michael, lord Balfour of Burleigh, and of his earnest affection to continue with his loyal behaviour and deportment in his highness's services and affairs so often as he has been employed therein, either within his majesty's kingdom of Great Britain, or otherwise in his message and embassy to foreign princes, tending to his highness's honour, contentment and the public well of his majesty's dominions, with the full discharge of his duty in all such things as were committed to his charge; in recompense whereof and of the great charges sustained by him in the said services, his majesty of his princely clemency cannot remit to remunerate and acquit by such gratification as is now possible and with least hurt to his majesty's crown of his highness's kingdom of Scotland. And likewise his majesty, considering that the monastic superstition of monasteries, abbacies and other societies of the clergy sometime received within this realm of North Britain, not only is abolished and by the laws and acts of his majesty's parliament and council perpetually damned and suppressed, but also the abbots and priors who were administrators thereof with their convents for the most part are deceased and no other persons hereafter to succeed to them; and in that respect his majesty, being of deliberate mind and intention, for the increment of policy within this kingdom of North Britain and for the good estate of his subjects, that the said whole abbacies, priories and others which were conveyed of old to monastic uses (now ceasing) shall be erected in temporal lordships and baronies, to be conveyed by his majesty and his successors to his loyal subjects upon worthy considerations for the better increment of civility and policy within this realm, likewise the most part of the said abbacies, priories and others above-written are by special acts and statutes of this realm in parliament already erected and converted in temporal lordships; and his majesty, having now by special instructions proposed to the said estates of parliament the foresaid great and faithful services done to his highness and for the particular common welfare of the realm of Scotland by the said Michael, lord Balfour of Burleigh, and the said estates 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 and reasonable causes for the well of his majesty and of his said highness's regime of Scotland. As also his majesty and estates foresaid find, decree and declare that his highness, with their advice and consent, may for the said causes which they have tried and known to be for the evident well of his majesty and of his highness's realm of Scotland as said is, alienate and convey any part of the lands and living annexed to the crown to the said Michael, lord Balfour of Burleigh, his heirs and successors, to be held in such form and manner and for such yearly duty and service as his majesty best pleases, and to that effect that the annexation to the crown of the same lands that are to be alienated and conveyed shall be simply dissolved from the crown that they may be alienated and conveyed to the said Michael, lord Balfour of Burleigh, his heirs and assignees. And the said estates, being ripely and gravely advised what his majesty may alienate and convey with least detriment to his highness's 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 duties of the abbacy and monastery of Kilwinning, situated within the sheriffdom of Ayr, being in his majesty's hands by reason of the general annexation of the kirk lands of this realm to the crown by special act made relating thereto in the parliament held at Edinburgh upon 29 July 1587, may, with least detriment to his majesty or hurt to the rent or revenue of the crown, for the evident causes above-written, be conveyed by his majesty to the said Michael, lord Balfour of Burleigh, his heirs and assignees whatsoever 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 advice of his majesty's ordinary officers, shall erect, unite, create and incorporate all and sundry the lands, baronies, mills, woods, fishings, annualrents and others whatsoever pertaining to the said abbacy of Kilwinning by their names in special wherever the same lie within this realm of Scotland, which was of before the temporality of the said abbacy, in a whole and free barony and estate of a 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 badge and arms for the causes foresaid, shall be alienated and conveyed by his majesty to the said Michael, lord Balfour of Burleigh, his heirs and assignees whatsoever heritably, to be held of his majesty and his successors in free lordship and barony, with the honour and dignity of a lord of parliament in free blench for ever; and to that effect his majesty and estates foresaid of parliament dissolve, annul and infringe the said general annexation of the kirk lands of this realm of Scotland to the crown in so far as it may be extended to the said temporality of the said abbacy of Kilwinning only, and ordain the infeftment to be made hereupon to be extended in most ample form, bearing an union and incorporation of all the particulars in a lordship and barony, with a special remit and discharge of the thirds of the said abbacy of Kilwinning, as well victual as silver, together with all monks' portions, first year's fruits and fifth penny of the same, so far as the same was taken out of the temporality of the said abbacy; as also to bear and contain provision that the said lordship shall pay all taxations with the temporal lords for the said temporality, accounting the same lordship to [...] pound lands of old extent; and that the said Lord Burleigh, his heirs and assignees shall have their relief off all the heritable tenants and other tacksmen of the said lands, kirks and teinds after the rate and quantity of their lands and teinds so often as the said taxations shall occur; and with express power to Michael, lord Burleigh, his heirs and assignees to retreat and reduce whatsoever infeftments, tacks, assedations, rights and titles of any part of the said lands, mills, woods, fishings and others whatsoever cause competent of the law, with all other clauses and provisions which shall be needful for the said Michael, lord Burleigh and his heirs for possessing of the said lordship and barony; and to the foresaid alienation and disposition, now as if it were already made 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 his majesty and for the evident profit and commodity to his crown and realm of Scotland, excepting always out of this present erection of the temporality of the said abbacy of Kilwinning all regalities to be reserved to our said sovereign lord and to his highness's successors for ever. And further, the said estates declare that it shall not be permissible to the said Lord Burleigh, nor to his heirs, to sell, alienate and convey from them to whatsoever other person their right of the said abbacy and temporality of Kilwinning, presently erected in manner foresaid, without the special advice and consent of [Alexander Seton, earl of Dunfermline], lord chancellor, [James Hamilton], lord marquis of Hamilton, [John Spottiswood], archbishop of Glasgow and [James Law], bishop of Orkney, or the most part of them that shall be alive, first had and obtained thereto.