On the fourth day of parliament
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The parliament of the most excellent and illustrious prince and most merciful lord of ours, James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, held in Edinburgh on 4 August in the year of the Lord 1621 by the foresaid most illustrious James [Hamilton], marquis of Hamilton, earl of Arran and Cambridge, lord Aven and Innerdale etc., and all the estates of the realm of Scotland as mentioned below, together with the officers of parliament.
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Our sovereign lord, with advice and consent of the estates of parliament presently convened, ratifies and approves the acts of the general assembly of the kirk held at Perth, 25 August 1618, and concluded 27 [August], second session, whereof the tenor follows:
I
Since we are commanded by God himself that when we come to worship him we fall down and kneel before the Lord our maker, and considering with all that there is no part of divine worship more heavenly and spiritual than is the holy receiving of the blessed body and blood of our lord and saviour Jesus Christ, likewise the most humble and reverend gesture of the body in our meditation and lifting up of our hearts best becomes so divine and sacred an action, therefore, notwithstanding that our kirk has used since the reformation of religion to celebrate the holy communion to the people sitting, by reason of the great abuse of kneeling used in the idolatrous worship of the sacrament by the papists, yet now seeing all memory of past superstition is past, in reverence of God and in due regard of so divine a mystery and in remembrance of so mystical an union as we are made partakers of, the assembly thinks good that the blessed sacrament be celebrated hereafter meekly and reverently upon their knees.
II
Item, if any good Christian visited with long sickness and known to the pastor by reason of his present infirmity unable to resort to the kirk for receiving of the holy communion, or being sick shall declare to the pastor upon his conscience that he thinks his sickness to be deadly and shall earnestly desire to receive the same in his house, the minister shall not deny to him so great a comfort, lawful warning being given to him upon the night before. And that there be three or four of good religion and conversation, free of lawful impediments, present with the sick person to communicate with him, who must also provide a convenient place in his house and all things necessary for the reverend administration thereof according to the order prescribed in the kirk.
III
Item, the minister shall often admonish the people that they defer not the baptising of infants any longer then the next Lord's day after the child be born, unless upon a great and reasonable cause declared to the minister and by him approved. As also they shall warn them that without great cause they procure not their children to be baptised at home in their houses, but when great need shall compel them to baptise in private houses (in which case the minister shall not refuse to do it upon the knowledge of the great need and being timely required thereto), then baptism shall be administrated after the same form as it should have been in the congregation, and the minister shall the next Lord's day after any such private baptism declare in the kirk that the infant was so baptised and therefore ought to be received as one of the true flock of Christ's fold.
IIII
Item, forasmuch as one of the most special means for preventing the increase of popery and settling of true religion in the hearts of the people is that a special care be taken in trial of young children, their education and how they are catechised, which in time of the primitive kirk was most carefully attended as being most profitable to cause young children in their tender years drink in the knowledge of God and his religion, but is now altogether neglected in respect of great abuse and errors which crept in the popish kirk by making of a sacrament of confirmation, therefore, that all superstitions built thereupon may be rescinded and that the matter itself, being most necessary for the education of the youth, may be reduced to the primitive integrity, it is thought good that the minister in every parish shall catechise all young children of eight years of age and see that they have the knowledge and be able to make rehearsal of the Lord's prayer, belief and ten commandments, with answers to the questions of the small catechism used in our kirk; and that every bishop in his visitation shall censure the minister who shall be found remiss therein, and the said bishops shall cause the said children be presented before them and bless them with prayer for the increase of their knowledge and continuance of God's heavenly graces with every one of them.
V
Item, as we abhor the superstitious observation of festival days by the papists and detest all licentious and profane abuse thereof by the common sort of professors, so we think that the inestimable benefits received from God by our Lord Jesus Christ, his birth, passion, resurrection, ascension and sending down of the holy ghost was commendably and godly remembered at certain particular days and times by the whole kirk of the world and may be also now; therefore the assembly ordains that every minister shall upon these days have the commemoration of the aforesaid inestimable benefits and make choice of several and pertinent texts of scripture, and frame their doctrine and exhortations thereto, and rebuke all superstitious observation and licentious profanation thereof.
Which articles and ordinances our sovereign lord, with the advice and consent of the estates, statutes and ordains to be obeyed and observed by all his majesty's subjects as laws in time coming, annulling and rescinding whatsoever other acts of parliament, constitutions and customs in so far as they are derogative to any of the articles above-written.
[1621/6/14]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh, 4 August 1621, the estates of parliament presently convened, considering the infinite expense and great burden which the king's most sacred majesty, their dread lord and sovereign, has been constrained by the strict bonds of religion to undergo of late and in all likelihood shall lie under a long time by procuring by treatise or arms ease and liberty to those who suffer for the Gospel of Christ Jesus professed within this land, and therewith calling to mind the long peace, flourishing with religion and justice, which they have enjoyed these many years past and do yet still enjoy in this universal combustion of the Christian world, and that by the wise, just and happy government of his sacred majesty and that they have nothing to be returned to so great a king for so exceedingly great and rare benefits but hearty and zealous affections, ceding to no nation, ever ready with their goods, lands and lives to maintain true religion, his majesty's royal person and posterity, their honours and crowns, therefore in most humble manner the said whole estates of this realm do earnestly beseech his most sacred majesty graciously to accept this their offer of a taxation to be imposed, collected and paid to his highness by the said estates in manner and at the four terms following: that is to say, the earls, lords and commissioners of shires for the temporal estate have granted 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 the sum of 30s at every one of the four terms following, namely, the sum of 30s at the feast and term of Candlemas [2 February] next in the year of God 1622, the sum of another 30s at the feast and term of Martinmas [11 November] in the year of God 1622, the sum of another 30s at the feast and term of Martinmas 1623, and the sum of another 30s at the feast and term of Martinmas in the year of God 1624. The archbishops and bishops for the spiritual estate have granted that there shall be uplifted of all archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this realm at every one of the four terms above-specified the just taxation thereof as they have been accustomed to be taxed to at all time bygone whensoever the temporal lands of this realm were stented to 30s of old extent, and the same taxation to be paid at every one of the four several terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted of all burghs within this realm at every one of the four terms above-written the just taxation thereof as they have been accustomed to be taxed in all time bygone whensoever the temporal lands within this realm were stented to 30s the pound land of old extent, and the said taxation to be paid at every one of the four several terms above-written. 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 same taxation, therefore it is statute and ordained that all erections of prelacies and other small benefices, in whole or in part, in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the same taxation proportionally as if they were in no way erected and as they were subject to do before the erection of the same. And also it is statute and ordained that all dissolved benefices within this realm, in whole or in part, shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay so the same had not been dissolved, and that the parties who have got any part or portion of any prelacies or other inferior benefices dissolved and new securities made to them by his majesty of that part and portion thereof so dissolved shall be subject to the payment of the taxation thereof to the prelate or other beneficed person for his relief of the same taxation as they would have been so the same had not been dissolved, notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary hereof. And 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 (the privileges granted to the ordinary senators of the college of justice and the taxation of the benefices given, conveyed and mortified for maintenance of the universities and colleges within this kingdom only excepted). As also the said estates, considering that besides the ordinary charges which his majesty does daily undergo for the maintenance of the honour, estate and dignity of his highness's kingdoms, the extraordinary burdens which now lie upon his majesty by the occasions before written are so great and do so near concern every loyal and true hearted subject of this kingdom as members of that body whereof his majesty is the head, that in duty they think themselves bound to bear a part of that burden and to relieve his majesty thereof; therefore, besides the ordinary taxation above-written, the said estates have, for the space of four years next and immediately following the term of Martinmas next, voluntarily and freely granted to his majesty a yearly extraordinary taxation of the twenty penny of all annualrents which any person or persons within this kingdom have freely due and payable to them yearly or termly (their own annualrent wherein they are due to others being first deducted), the first term's payment whereof shall be and begin at the said feast and term of Martinmas next and so forth yearly and termly at Whitsunday [May/June] and Martinmas until the said four years and the eight terms' payment thereof be fully and completely outrun. And for the better trial of every man's annualrent which he has yearly or termly due to him, it is ordained that this act be published at the market cross of the burgh of Edinburgh and of the whole head burghs of the sheriffdoms, stewartries, bailiaries and regalities within this kingdom, whereby all his majesty's lieges may have true notice thereof, and therewith the said estates will, ordain and command all his majesty's lieges that have any annualrent paid to them that they compear within the said head burgh of the sheriffdom, stewartry, bailiary or regality or the head burgh in any of those jurisdictions where the head courts are held and where the said annualrenters dwell or have their ordinary residence in any court day in one of the last weeks immediately preceding Whitsunday or Martinmas, at which time the sheriffs, stewarts, bailies and bailies of regalities and provost and bailies of burghs who are heritable sheriffs within themselves within the bounds of their jurisdictions shall be obliged to hold courts weekly to the effect after-specified, and the lieges resorting to the said courts shall give up inventories to the clerk thereof of the whole sums of money for which annualrent is due to them yearly and termly, the names of the debtors, as also the whole sums of money for the which they are subject in payment of annualrent to others, with the names of their creditors to whom the same is due, whether the same annualrent be in victual or silver; the annualrent of victual to be estimated according to the stock of money for the which it is paid at ten for each hundred thereof, and shall cause the parties, those who give up the said inventories, every party subscribe his own inventory himself, if he can write, and if he cannot write, the clerk of the said court shall subscribe the said inventory in face of court before the members thereof. And also the sheriff, stewart, bailie, bailie of regality, provost and bailies of burghs who are heritable sheriffs within themselves within the bounds of their jurisdictions and clerks themselves, shall make and give up an inventory of the debts owing to themselves and by themselves as said is. It is always provided that if any person impeded by reason of sickness or distracted by some other just occasion shall not be present himself to give up the said inventory, it shall be lawful for him to cause any honest, responsible man within the jurisdiction where he dwells compear and give up his inventory, providing the same be subscribed by himself or a notary at his command, which the submitter shall declare to be a true deed and abide at the same on the like hazard and danger as the principal party should underlie, which shall be as sufficient as if the inventory had been personally given up by the principal party himself; and an inventory being once made and given up shall still stand and be a ground to charge any person during the time of the four years of the said taxation unless the party change or otherwise employ his sums, and then he shall give up a new inventory which shall be a new ground of a charge, and the former shall cease. And the said clerk shall make a record in his register of the said whole inventories, which inventories being so recorded shall be extracted by the said clerk and subscribed with his hand, and three extracts made of the same; one to be given to the party, if he require the same; another to be sent by the said clerk to the collector of the same taxation; and the third to be likewise sent by the said clerk to the clerk of his majesty's register, to be still kept amongst the records of his highness's exchequer, to the effect it may be known how far every party is liable in payment of the said extraordinary taxation. For the which extract and note made in register, the said clerk shall have of every person who gives in an inventory the sum of 4s Scots money. And if by sloth or malice the clerk shall happen to delay or shift the lieges resorting to the said courts to the effect aforesaid, complaint being made thereof to the lords of his majesty's secret council, the said clerks shall be punished accordingly at the discretion of the said lords. And at any court day preceding any term, it shall be lawful for any person to compear and offer to give up his inventory which the clerk and judge shall be astricted to receive. Further, for the better observation of the said statute, it is declared that whosoever receives, retains or conditions to receive any annualrent and conceals the same or any part thereof, or in giving up of his inventory of debts and annuals owing by him to his just creditors gives up more than he is justly due to, whosoever first discovers and reveals either the annualrent concealed or annualrent which is more than the those who give up just debt, shall for his reward have the half of that term's concealed annualrent and as much as the half of that annualrent which shall be discovered to have been unjustly given up. And in case it shall happen any person whatsoever by virtue of his submitted inventory to be charged for payment of his taxation and at the time of his charge to declare in presence of a judge by his great oath solemnly sworn that his debtor is a bankrupt, whereby he is disabled to make payment of his taxation and is contented that the king's majesty shall have the whole annualrent due to him by his bankrupt debtor of that term, his said declaration shall be a sufficient liberation to him of the same and for eschewing of malicious dilators of those who had omitted or concealed their sums. It is ordained that whensoever any person shall accuse or dilate any other of concealing or omitting of sums the time of making his inventory, he shall condescend upon some probable cause of his dilation and shall find caution concerning the judgement to be delivered in case he fail in proving that which he dilated. And any such actions of dilations shall not be lawful against dead persons, their heirs nor executors; neither shall it be lawful after a year and a day after the expiring of the said taxation to intend any such action. And in case any person purchase wadset of lands and set the same back again in tack to him who wadset the same to him, the tacksman possessor of the lands shall pay for the stent of the lands and the haver of the wadset shall pay for the annualrent of his money which he has on the land as if the same were employed for annualrent. Moreover, it shall not be lawful by any manner of way for any creditor to get relief of his debtor of this taxation which is imposed upon annualrents by this statute, under the pains contained in the acts of parliament made against usurers and concerning minors. It is declared that their minorities shall in no way privilege them, but their tutors and curators shall give up the inventories of their annualrents in their names, which, if the said tutors and curators fail to do, the said minors shall incur the like danger as others and at their perfect age shall have action of relief against their said tutors and curators for that cause. And in case any person depart out of this kingdom after the publication of this present act, the same shall in no way excuse him from giving up of an inventory of his annualrents and payment of the said taxation and underlying of the danger contained in this present act, but those who are presently out of this realm and shall not return before the feast of Martinmas next they shall not come under the danger of this act until the term of Whitsunday [20 May] next, providing that at that term they give up their inventory and pay their taxation as if they had been present within this realm before the aforesaid term of Martinmas next. And for the uplifting of the aforesaid taxation granted upon annualrents, and to the effect his majesty's general collector thereof may know now who to crave and charge for the same, it is statute and ordained that within every sheriffdom, stewartry, bailiary or regality where the office of sheriffs, stewarts and bailies are heritable and the provost and bailies of burghs who are heritable sheriffs within themselves, those heritable officers and their deputes for whom they shall be held to answer shall collect the said taxation and make payment thereof to his majesty's collector general of the aforesaid taxations; and where those offices are not heritable but changeable, the clerks within the said jurisdictions having their offices for life shall be collectors thereof. And in case the said clerks have not already found sufficient caution for discharging of their duties in their offices, they shall be held before they have any intromission with the same taxation to find sufficient caution for that effect. And where there are no heritable officers nor clerks having their offices for life, the said collector general of his majesty's taxations (and his deputes in his name, sufficiently authorised by him and for whom he shall be held to answer), and whose names he shall cause publish at the market cross of the head burgh of that jurisdiction where there is no heritable officer nor clerk for life, that his majesty's lieges may know to whom they shall make payment, shall collect and uplift the same taxation; which payment being made, the receiver thereof shall be obliged to deliver to the payer thereof an acquittance upon the receipt of the same freely, without payment of any money for the same. It is likewise provided that the fees of the collectors and receivers of the same taxation of annualrents shall be likewise, hereby they are remitted to the discretion and arbitrament of the lords of his majesty's privy council, to be set down and agreed upon by them. And the said estates hereby decree and declare that all burgesses and freemen within burghs, albeit they be taxed in the ordinary taxation above-written with their neighbours according to the order prescribed for collecting of the burghs' part of the said ordinary taxation, yet the same shall in no way liberate nor free them from payment of their parts of this extraordinary taxation also according to the proportion of the twenty penny of their annualrents, but they shall be liable in payment thereof as others of his majesty's lieges are. Moreover, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of any part of this present extraordinary taxation (the privileges and immunities granted to the ordinary lords of session with the annualrents due to be paid to colleges, schools and hospitals, or mortified for sustentation and upholding of kirks and bridges, with the annualrents which may be claimed of the poor people whose stock exceeds not the sum of 500 merks only excepted). And the said estates decree and ordain the extraordinary lords of the session, together with the whole advocates, clerks of the session, writers to the signet, privy and great seals and other members of the college of justice to contribute to the said taxations in the same way as if they were not exempt, and that of their own consents and according to their voluntary offer made by them to his majesty and the said estates upon this special provision: that their said voluntary offer shall not prejudice nor impair their liberties, privileges and immunities in any time coming. Which offer the said estates accepted and accept and will and declare that their said offer shall in no way derogate to their privileges and immunities, but that their said privileges and immunities shall be kept and observed to them and their successors in all time coming unprejudiced by the said offer.
[1621/6/15]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of this present parliament, upon good and weighty considerations which moved them, have freely and voluntarily offered and granted to the king's most excellent majesty, our sovereign lord, for supplying of a part of the great charges and expenses which his majesty has been constrained even by the strictest bonds of religion to undergo of late and by all likelihood shall lie under a long time by procuring by treaty or arms ease and liberty to those who suffer for the Gospel of Jesus Christ professed in this land, a taxation to be paid, collected and uplifted in manner and at the four terms following: that is to say, for the barons' and freeholders' parts of the same taxation, 30s Scots money to be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of our sovereign lord's proper lands held by them immediately of his majesty and paid by them at every one of the four several terms following, that is to say: the sum of 30s at the feast and term of Candlemas [2 February] next in the year of God 1622, the sum of another 30s at the feast and term of Martinmas [11 November] in the year of God 1622, the sum of another 30s at the feast and term of Martinmas in the year of our God 1623, and the sum of another 30s money aforesaid at the feast and term of Martinmas the year of God 1624. And for the spiritual men and the burghs' parts of the same taxation, that there shall be uplifted of every archbishopric, bishopric, abbacy, priory and other inferior benefice and of every free burgh within this realm, at every one of the said four terms of payment, the just taxation thereof and as they have been accustomed to be taxed to in all times bygone whensoever the temporal lands within this realm were stented to 30s the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-written. And for bringing in of the spiritual men's parts of the same taxation, ordain letters to be directed charging all and sundry archbishops, bishops, abbots, priors, as likewise all 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 to 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-written 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 to 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, sub-vassals, 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 proportionally according to the sum that they shall be taxed to, to the said prelates and other beneficed persons and to the said noblemen and others having power to receive the same within 20 days next after the charge under the pain of rebellion etc.; and if they fail, to denounce and escheat etc. and 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, lords of erections and beneficed persons and shall exonerate them for as much from payment of the said taxation, providing that the same hornings with their tax rolls authentically made and subscribed by the said prelates, lords of erections and beneficed persons, and by their feuars, vassals, tacksmen and pensioners in manner hereafter prescribed, containing the particular sum which each one of them are taxed to, be delivered to the collector of the same taxation within the space of 60 days after every term, otherwise he shall be in no way obliged to receive the same; neither shall the prelate, lord of erection 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, sub-vassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners, to the greater ease and less trouble to their said vassals and others aforesaid, 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 which he has of his benefice, lands, pension, kirk and teind sheaves pertaining to him, as well the prelate, lord of erection, patron and other beneficed person 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 severally, shall convene his whole feuars, vassals, tacksmen and pensioners at the particular places hereafter designed: they are to say, [John Spottiswood], archbishop of St Andrews at the city of St Andrews, [James Law], archbishop of Glasgow at the city of Glasgow, [George Graham], bishop of Orkney at the town of Kirkwall, [John Abernethy], bishop of Caithness at the town of Dornoch, [Patrick Lindsay], bishop of Ross at the town of Chanonry of Ross, [Alexander Douglas], bishop of Moray at the town of Elgin, [Patrick Forbes], bishop of Aberdeen at the burgh of Aberdeen, [David Lindsay], bishop of Brechin at the burgh of Brechin, [Alexander Lindsay], bishop of Dunkeld at the town of Dunkeld, [Adam Bellenden], bishop of Dunblane at the town of Dunblane, [Andrew Lamb], bishop of Galloway at the town of Wigtown, [Andrew Boyd], bishop of Argyll at the burgh of Inveraray, [Thomas Knox], bishop of the Isles at the burgh of Rothesay in Bute, the abbot of Iona at the burgh of Inverness, the prior of Ardchattan at the burgh of Inveraray, the abbot of Fearn at the burgh of Tain, the Lord of 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 of Deer at the town of Peterhead, the prior of Fyvie at the town of Turriff, the prior of Monymusk at the town 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 burgh of Inveraray, 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, [John Elphinstone], lord Balmerino at the burgh of Cupar in Fife, [Patrick Leslie], lord Lindores at the burgh of Cupar in Fife, the masters of St Leonard's college in St Andrews for the prior of Portmoak at the burgh of Cupar in Fife, the prior of Pittenweem at the burgh of Pittenweem, the Lord of St Colme at the burgh of Inverkeithing, [James Colville], lord [Colville] of Culross at the burgh of Culross, the 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 at 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, the 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, the Lord of Paisley at the town of Paisley, [William 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 at the kirks of Kilwinning, dissolved from the abbey of Kilwinning, at the said burgh of Irvine, the 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, the abbot of Tongland at the burgh of Wigtown, [Robert Spottiswood], abbot of New Abbey† at the burgh of Dumfries, the abbot of Holywood at the burgh of Dumfries, the prior of Canonbie at the burgh of Annan, the baron and bailie of the barony of Broughton, dissolved from the lordship of Holyroodhouse, at the burgh of Edinburgh, the heritors of the hundred pound land of the barony of Monkland, dissolved from the lordship of Newbattle, at the city of Glasgow, the ministers 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 persons at the parish kirks of their particular benefices, and that they convene to the effect above-written upon 30 October 1621, which is declared to be the precise day appointed for all their 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, sub-vassal, feuar, tacksman of teinds, pensioner or any other justly bound to make relief to the prelate, lord of erection, patron or other beneficed person of any part of the said taxation shall send any procurators in his name sufficiently authorised to the said meeting, the same shall not only excuse the absents of the principal party, but the procurator in all things shall be admitted and received to do and perform in the distribution of the said taxation what could or lawfully might have 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 other necessary occasion from attending that meeting, having his absence supplied that day 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 admitted and received in all things to do and perform in the distribution of the same taxation what could or lawfully might have 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, fence and hold a court, call by name and surname upon every one of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation, and lawful time of day being bidden, shall show to their said vassals, feuars, tacksmen and pensioners, or their procurators compearing for them, the quantity of the taxation imposed upon their prelacy, erected lordship or other benefice authentically subscribed by the clerk of the same taxation; and they all (at the least so many of them 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 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, feuar, tacksman and pensioner according to the great or small quantity of the free rent which every one of them has either of their lands, teinds or pensions. With certification to any of the said persons, feuars, vassals, tacksmen or pensioner that compears not by themselves or their procurators at the day and places above-specified to the effect aforesaid, that such as shall convene with the said prelates, lords of erection, patrons and other beneficed persons or their procurators shall proceed in the equal distribution of the same taxation, as well amongst them as 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 erections, patrons and other beneficed persons shall not convene by themselves or by their procurators 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 (at the least so many of them as shall convene by themselves or their procurators) to make, set down and subscribe the said tax roll, which tax roll shall contain the particular sum that everyone shall be found justly to be due to pay, the parties' name due to pay the same and the cause for which the same ought to be paid; and being so set down either by the prelate, lord of erection, patron and other beneficed person or their lawful procurators, with so many of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the said taxation as shall convene with them to this effect, and in case that none shall convene with them, the same roll being then set down by the prelate, lord of erection, patron and other beneficed persons or their lawful procurators, or, in case of their absence, being set down, made and subscribed by so many of the said vassals, feuars, tacksmen and pensioners as by themselves or their procurators shall convene themselves for this 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. Which tax roll being so set down, made and subscribed in manner above-written (and no otherwise) and delivered to the clerk of the taxation, the said estates ordain him to give warrant for giving of letters of relief thereupon, discharging him in any case to give warrant for giving of any letters of relief upon any roll presented to him not made and authentically subscribed in form above-written as he will answer to the contrary upon his peril. It is likewise statute and ordained that tacksmen of teinds shall have relief upon their sub-tacksmen for as much, respect being had to the grassum paid by the said sub-tacksmen. And for bringing in of the barons' and freeholders' parts of the same taxation and of the feuars and rentallers of our sovereign lord's proper lands, their parts thereof, ordain letters to be directed charging all and sundry sheriffs, stewarts, bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands that they and every one of them within the bounds of their offices raise and uplift the sum of 30s money of this realm of every pound land of old extent lying within the bounds of their jurisdictions for every one of the four terms above-specified, and bring in and deliver the same to the collector aforesaid 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 at the passing of every one of the said terms, to denounce and escheat etc. And for their relief, that letters be directed charging all and sundry earls, lords, barons, freeholders, feuars and rentallers of our sovereign lord's proper lands personally or at their dwelling places and by open proclamation at the market crosses of the head burgh of the sheriffdom, stewartry or bailiary where their lands lie, if they be within this kingdom; and if they be without this kingdom, by open proclamation at the market cross of Edinburgh, pier and shore of Leith upon 60 days' warning to make payment to the said sheriffs, stewarts and bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, every one of them for their own parts respectively of the said sum of 30s money aforesaid 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, 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 the readiest goods and gear being upon the said lands thereof as they shall think most fit and expedient; and that the said earls, lords, barons, freeholders, feuars and rentallers of our sovereign lord's proper lands have letters for their relief to charge their vassals, sub-vassals, ladies of terce, conjunct fiars and life-renters to make payment of their parts of the said 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, that they poind and distrenzie, providing always that the first term's payment of the said taxation be ever past before the next term be charged for. And for bringing in 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 aforesaid, 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, to denounce and escheat etc. And for their relief, that letters be directed charging all and sundry inhabitants within each burgh to convene and elect certain persons to stent their neighbours; and the said election being made, to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of every burgh, and to convene and set the same and make a stent roll thereupon as appropriate 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 down as said is, to charge the burgesses, indwellers and inhabitants within each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be given out thereupon within three days next after the charge under the pain of rebellion etc. And if they fail, to denounce and escheat etc. And, if need be, that the said provost and bailies poind and distrenzie thereof as they shall think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear which he has within the burgh, in no way respecting his lands nor possessions which he has to landward, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the said taxation be ever past before the next be charged for. Moreover, his majesty and his said estates decree and declare that the charges to be given for payment of the said 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 terms 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 which has been used in all times bygone by sundry of the lieges of this realm against all good conscience in causing their poor tenants, farmers 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 impoverishing of a great number of the said farmers, labourers and tenants 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 persons whatsoever exact or compel his tenants or farmers removable who pay ferm or other dear duties for the lands occupied by them to pay any part of this present taxation or to suit relief at their hands of the same; and if the same be found done by any persons, that they shall be called and convened thereof before his highness's justice and his deputes as violent and masterful oppressors of his highness's subjects and punished for that according to justice. As also the said estates, considering that besides the ordinary† charges which his majesty does daily undergo for the maintenance of the honour, estate and dignity of his highness's kingdoms, the extraordinary burdens which now lie upon his majesty by the occasion before written are so great and do so near concern every loyal and true hearted subject of this kingdom as members of that body whereof his majesty is the head, that in duty they think themselves bound to bear a part of that burden and to relieve his majesty thereof; therefore, beside the ordinary taxation above-written, the said estates have for the space of four years next and immediately following the term of Martinmas next voluntarily and freely granted to his majesty a yearly extraordinary taxation of the 20 penny of all annualrents which any person or persons within this kingdom has freely due and payable to them yearly or termly (their own annualrents wherein they are due to others being first deducted); the first term's payment whereof shall be and begin at the feast and term of Martinmas next, and so forth yearly and termly at Whitsunday [May/June] and Martinmas until the said four years and the eight terms' payment thereof be fully and completely outrun. And whereas the said estates have by act of parliament authorised all and sundry heritable sheriffs, stewarts, bailies and bailies of regalities and their deputes and the provost and bailies of burghs who are heritable sheriffs within themselves within the bounds of their jurisdictions, and likewise the clerks within the jurisdictions where these offices are not heritable, which clerks have their offices for life, to collect the said extraordinary taxation and make payment thereof to the collector general to be appointed by his majesty for receiving of the same, therefore, and for bringing in of the same extraordinary taxation, the said estates ordain letters to be directed charging all and sundry the said heritable sheriffs, stewarts, bailies, bailies of regalities and their deputes and the said provost and bailies who are heritable sheriffs within themselves, as likewise the clerks within the jurisdictions where the offices are not heritable, that they and every one of them to the north of the River Dee within the space of 15 days after every term of Martinmas and Whitsunday, and that they and every one of them to the south of the River Dee within the space of 10 days after every term of Martinmas and Whitsunday, deliver to his majesty's said collector general a true and just account and inventory of the whole sums of money due to be paid by any person within the bounds of their jurisdiction for his part of the said extraordinary taxation, and that they give up the same account and inventory upon their oath solemnly sworn that the same is just and true, and make payment to his majesty's said collector general or to his deputes in his name having his power to receive the same of the whole monies due to be paid to his majesty according to the said account and inventory within 20 days after each term, under the pain of rebellion etc. And in case the said sheriffs, stewarts, bailies, bailies of regalities and clerks fail, to denounce and escheat etc., for whose relief that letters be directed charging all and sundry the said annualrenters to make payment to the said sheriffs, stewarts, bailies, bailies of regalities, clerks, provost and bailies of burghs of the said 20 penny of all annualrents freely due and payable to them 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, that the said sheriffs, stewarts, bailies, bailies of regalities, clerks, provost and bailies of burghs poind and distrenzie thereof as they shall think most fit and expedient. And his majesty and estates aforesaid 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 taxations, which suspensions his majesty and estates aforesaid find may be granted upon lawful and equitable reasons to be considered by them; and discharge all other judges within this realm of granting of any suspensions 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.
[1621/6/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies, approves and for him and his successors perpetually confirms all and whatsoever infeftments, gifts, donations and other rights and titles made and granted by his majesty or any others his most noble progenitors to his highness Charles, prince and stewart of Scotland, his majesty's dearest son, or any others his highness the prince's predecessors, princes and stewarts of Scotland, of whatsoever lands, lordships, baronies, superiorities, offices, teinds, annualrents, advocations, donations and rights of patronage of kirks, benefices, chaplainries, altarages and others whatsoever wherever they lie within the kingdom of Scotland, together with all acts of parliament, other acts, laws, statutes, customs, immunities, honours, privileges, prerogatives and liberties whatsoever made, introduced or enjoyed by his highness, the prince, or any his highness's predecessor princes of Scotland in any time bygone, notwithstanding whatsoever acts of parliament, other acts, laws or constitutions which may appear to derogate to the same, or that may or can be extended or be interpreted in the contrary thereof, either special or general. And further declares that this general ratification shall be as effectual as if all and sundry the said infeftments, gifts, donations, acts, privileges, immunities, prerogatives and others aforesaid were at length herein expressed, named and numbered. Regarding which, his majesty, with advice and consent of the estates, has dispensed and dispenses by this act, reserving always the lands and others assigned for the maintenance of the castle of Dumbarton to be applied to that use until some other provision be made thereto in place of the same.
[1621/6/17]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that there be diverse kirks within this kingdom which by the late commission appointed for plantation of kirks in the parliament held in June 1617 were not settled nor provided with constant stipends, but which yet remain unfurnished and unprovided of any competent means to be given to the ministers who shall be provided to the charge and function of the cure of the same; and therewith also his majesty, considering that there have been heretofore sundry kirks united together and conjoined in one, albeit upon good considerations it may be found more expedient that the same union be dissolved and that the said kirks be provided severally with distinct functions and separate services at such places where the commodity may afford in the same manner as if no such union had been made; and also because there be some kirks whereof the parish is of so large bounds that many of the parishioners, dwelling in rooms of the parish so remote from the kirk, who, for the great distance of the place or for the interjection of waters between their rooms and the kirks which often, and especially in winter, are not passable, or for some such other known impediment cannot have access and repair to the parish kirks at the ordinary times appointed for divine service and worship, and enjoy the comfort of the exercise thereof; and our sovereign lord, according to the princely and godly endowments with which his majesty is singularly blessed, being most careful to establish all good and propagate the religious and true worship of God universally throughout this whole kingdom, through which all his people may have occasion to participate in the benefit of the word without feeling of any of those prejudices growing from the above-written occasions, which his majesty in his royal and fatherly care over his people is most desirous to have removed; therefore his majesty, with express advice and consent of the estates of parliament, has granted full power and commission to [Alexander Seton, earl of Dunfermline], lord chancellor for the time, and to the reverend fathers in God, John [Spottiswood], archbishop of St Andrews, James [Law], archbishop of Glasgow, Alexander [Lindsay], bishop of Dunkeld, Adam [Bellenden], bishop of Dunblane, Andrew [Lamb], bishop of Galloway, John [Abernethy], bishop of Caithness, six persons nominated for the clergy and prelates, and, in case of decease of any of them, to Patrick [Lindsay], bishop of Ross and Patrick [Forbes], bishop of Aberdeen, which two persons the estates have nominated to supply and become in the place of any of the other six aforesaid if any of them shall happen to decease before this commission be finished, namely, the first of the two in place of the first of the six deceasing: to [George Seton], earl of Winton, Robert [Kerr], earl of Lothian, Thomas [Hamilton], earl of Melrose, John [Maitland], viscount of Lauderdale, John [Elphinstone], lord Balmerino, David [Carnegie], lord Carnegie [of Kinnaird], six persons nominated for the nobility, and, in case of any of their decease, to John [Fleming], earl of Wigtown, nominated to become in the place of the first deceasing, and Walter [Scott], earl of Buccleuch, nominated to become in the place of the second. To the commissioners underwritten nominated for the barons, namely: Sir Richard Cockburn of Clerkington, knight, lord privy seal, Sir William Livingstone of Kilsyth, knight, Sir James Dundas of Arniston, knight, Sir Archibald Napier of Merchiston, knight, Sir Andrew Kerr of Ferniehirst, knight, Alexander Lauder of Haltoun, and, in case of any of their decease, to David Crichton of Lugton and Sir John Hamilton of Preston, persons nominated to become in order as they are named in place of any of the six deceasing, and to John Byres, burgess of Edinburgh, Master William Ferguson, burgess of Dundee, Andrew Bell, burgess of Linlithgow, Robert Taylor, burgess of St Andrews, Master James Cockburn, burgess of Haddington, and Sir George Bruce of Carnock, knight, burgess of Culross, six persons nominated for the burghs, and, in case of any of their decease, to Alexander Clerk [of Stenton and Pittencrieff], merchant burgess of Edinburgh, and Master Alexander Wedderburn [of Kingennie], clerk of Dundee, persons nominated to supply in order any of the other six commissioners aforesaid decease. Which aforesaid commissioners, or any four of each estate nominated as said is, consenting and agreeing in one voice, shall have power to consult, convene and determine upon the matters and in manner underwritten, providing always that there is and shall be requisite to the validity of any act, conclusion, ordinance and determination of the said commissioners the conjunct assent of four of every one of the said four estates, all agreeing together in one voice, without the which consent of the said four of every estate so agreeing the rest of the said commissioners shall have no power to make any valid or effectual conclusion by virtue of this present commission, but whatsoever shall be otherwise done is declared to be of no value, force nor effect. That is to say, our sovereign lord and estates of parliament, by the tenor hereof, give, grant and commit full power and authority to the said commissioners to meet and convene in the town of Edinburgh at such time and times as they shall appoint and find convenient, and there to call and summon before them all patrons, tacksmen of teinds, great and small, and others having right by whatsoever title to the teinds of any of the kirks within this kingdom which are not already planted by the aforesaid first commission and which shall in any way be meddled with by this present commission as they shall think necessary and expedient, to exhibit and produce before them their rights and titles whereby they claim the said teinds, to be seen and considered by the said commissioners. With power to them out of the said teinds of every parish and kirk not already planted to appoint and assign at their discretion a perpetual local stipend to the ministers present and to come at all the said kirks unprovided as said is, and that notwithstanding any right or title pretended by the said tacksmen or others in whose favour teinds have been erected. With power also to the said commissioners to disunite such kirks, one or more, as were united of before and appointed to be served by a minister and as they, upon good considerations, shall find requisite to appoint the same to be served by several functions and charges as distinct parishes after such manner as shall be found by them most expedient, providing always that all parties having interest in the union and disuniting of the said kirks and plantation thereof give their express warrant and consent thereto. In the which case of plantation and provision of the kirks which shall be disjoined as said is, the presentation of the ministers shall be appointed by the said commissioners to pertain to the patrons according to their right thereof to be produced before them, and as the said lords commissioners shall find most agreeable with reason and equity. With power likewise to the said commissioners to appoint and set down such solid order for erecting and building of new kirks in any parishes where they shall find necessity and conveniency to do the same and where the parishioners are not presently well and commodiously served at the present kirks of the parish, as they shall find most expedient. And the said kirks being erected, with power to the said commissioners to provide the same with such proportion of stipends as they shall find may be with least prejudice and best commodity made out of the fruits of the said parishes to the ministers to be appointed to serve at the said new built kirks. To the which building and making of new kirks and providing the same with competent stipends, the said estates find and declare that it shall be expressly necessary that the patrons, tacksmen and other parties† having interest in the erection and building of the said new kirks and in planting and provision thereof aforesaid give their express warrant and consent thereto; which being so had and obtained, with power to the said commissioners to proceed therein as is most agreeable with reason. It is always declared that in all and every one of the cases above-written, that is to say, either in providing of kirks not planted of before, or in disuniting of kirks formerly joined and appointing of several and distinct stipends to the same, or in the erecting of new kirks and provision of them with ministers and stipends, the said commissioners shall have express power and warrant to determine and appoint such proportion and quantity as they shall find expedient, either amounting over the sum of 500 merks or beneath and under the same as they shall find may most conveniently and commodiously be had after the consideration of the quantity and estate of the fruits of the kirk, and the case wherein the same is and as may be with least prejudice spared out of the same. And the said estates find and declare that the said commissioners shall have no power by virtue of this commission to alter or meddle with any kirk which was settled by virtue of the aforesaid commission granted in the year 1617, or to change the estate thereof in any way, or yet to erect, build or provide any new kirk without the special and express consent of all parties having interest had and obtained thereto, without whose consent it shall not be lawful for the said commissioners in any way to touch the said kirks so provided, but the same are expressly excepted (except in case of consent aforesaid) out of this present commission. And also forasmuch as the said estates of parliament, considering the particular petitions and supplications after-specified, it given in to them by the persons underwritten to the effect following, namely: a petition given in by Thomas Burnett of Leys desiring a new kirk to be erected and built within the parish of Fetteresso upon any part within the same parish most westerly for the instruction of the parishioners of Fetteresso who dwell most remote from the present kirk thereof; item, a supplication given in by the gentlemen and parishioners of the parish of Rosneath desiring that the kirk of Rosneath, for the causes specified in their supplication founded upon the incommodious situation of the said kirk, might be transported out of the Isle of Rosneath where it presently stands to that part of the mainland of the said parish called the lands of Ardenconnel, as place most convenient and indifferent for the whole parishioners to resort to; item, a petition given in by John, earl of Wigtown, lord Fleming and Cumbernauld and remaining parishioners of the parish of Lenzie craving licence to transport, found, build and erect† the kirk of the said parish of Lenzie, presently standing at the west end of the parish thereof, to any other part of the same parish near the midst thereof most convenient for the ease of the whole parishioners, and, being built, to be declared to be the only kirk of the said parish of Lenzie; item, two warrants given in under his highness's hand concerning the appointing and determining which of the two kirks of Larbert and Dunipace, formerly united, should be the ordinary place of public divine service of the said two parishes, as in the same two patents containing their own several desires at more length is contained; item, a petition given in by the parishioners of the parishes of Kilchiaran, Kilmichael and Kilchusland united by the former commission and of the parishes of Kilcolmkill and Kilblane, also united by the same commission, all lying within Kintyre, desiring liberty for building and erecting of a kirk for serving of the first three parishes with any other kirk for serving of the two last parishes, both united as said is; item, a supplication given in by John [Hay], lord Hay of Yester and the possessors of the lands of Rodono, desiring that the same lands of Rodono, with the pertinents, should be declared to have been and to be in time coming a part of the parish of Lyne; as also craving that it might be lawful to the said John, lord Hay of Yester to build a kirk upon the most commodious place of his lands of Rodono or Meggat for serving of the inhabitants thereof at such times as they should be impeded by storm of weather from coming to the kirk of Lyne; item, a supplication given in to the said estates desiring that the dissolution of the forty pound land of Buchanan from the kirk of Luss and union thereof to the kirk and parish of Inchcailloch done by the former commission might be now ratified and the same forty pound land declared to remain in time coming as a part of the parish of Inchcailloch; item, a petition given in by Patrick, bishop of Aberdeen desiring the estates to give power to the aforesaid commissioners to ratify and approve the voluntary dissolutions of the former unions of those kirks within his diocese to the several provisions, whereof the parties having interest therein have consented, and to admit those who make offer at the sight of the bishop and presbytery where the kirks lie to provide the same severally, albeit they shall not make out the full rate and stipend appointed by the last commission; and lastly, a petition given in by the minister of the kirk called Christ's Kirk at Udny craving the same kirk to be sufficiently planted and provided with a constant and local stipend, and the same made sure to the minister serving the cure at the said kirk, as the aforesaid supplications, petitions and patents respectively above-written in themselves more fully purport. And finding the desires aforesaid reasonable, our said sovereign lord and estates of parliament give, grant and commit full power and authority to the said commissioners to appoint, determine and set down such solid order regarding the whole particulars above-mentioned and every one of them as they after consideration and trial had and taken by them relating thereto shall find most expedient and agreeable with reason, to the doing whereof in every one of the particulars aforesaid (except regarding the building of a new kirk within the parish of Fetteresso as is desired by the laird of Leys), the estates find and declare that it shall be only necessary to summon all patrons, tacksmen and other parties whatsoever having interest in the particulars aforesaid to hear and see order taken in the premises relating thereto, that after citation the commissioners may consider of the interest and prejudice, if any shall be, qualified by any person before them regarding the particulars above-mentioned and may then proceed therein as they shall find most expedient. But the estates find and declare that in the settling and determination of the first particular above-mentioned regarding the building of a new kirk within the parish of Fetteresso, there shall be expressly requisite the special and express consent and warrant of the parties having interest therein in addition to the citation and summoning of them to that effect, and find and declare that the decreet and sentence of the said commissioners to be given by them in all the particulars aforesaid, and every one of them, shall have the strength, force and authority of a sentence and act of parliament in the same way as the same had been done and determined by the said estates themselves. And because reason and equity craves that recompense should be made to the tacksmen and other persons whatsoever who shall be by the sentence of the said commissioners hurt and prejudiced of their present profit which they may lawfully possess by virtue of their titles and rights established in their persons, and upon whom by virtue of the said sentence any burden of the sustentation and provision of the said kirks and ministers is to be imposed, therefore our sovereign lord and estates of parliament give full power and commission to the said commissioners so to proceed in the determining of the said recompense, that in case the lord or any other having right to erected prelacies who shall be cited before them refuse to take the burden of plantation of any kirks belonging to the said erected prelacies which are in any of the cases above-written, and that upon their refusal (the same refusal being first found reasonable by the said commissioners), the burden of the said plantation shall be laid and imposed by the said commissioners in whole or in part either upon the principal tacksmen of any of the fruits of the said kirks, or, in case of the tacksmen's refusal, the burden be imposed upon the sub-tacksmen thereof. The said commissioners shall have power to determine, appoint and ordain such particular recompense to be given to the said tacksmen or sub-tacksmen by renewing of their tacks or subtacks after the expiring thereof upon such conditions as the said commissioners shall find reasonable, respect being had to the quality and proportion of the burden to be imposed upon them within the time of their tacks and rights further than they are astricted by their said rights or by appointing such other reasonable satisfaction as they shall find the said burden and distress undergone by any of them shall deserve and require. Likewise the said commissioners shall have also power to determine, settle and appoint such particular satisfaction and recompense to be given either to lay patrons or to the tacksmen of the fruits of the kirks belonging to the like patronages, and sub-tacksmen thereof, as they shall think may be answerable to the burden, to be imposed upon either of them for the cause above-written proportionally. In the prescribing of the which recompense, the said commissioners shall have special respect what consideration they find reasonable to be given to the said patrons for their consent to the tacks, if any shall be appointed and determined to be set and given to the said tacksmen for recompense aforesaid. And if any beneficed person upon just and reasonable causes refuses to provide any kirk belonging to their benefice according to the order hereby prescribed, whereby the burden of plantation or further provision of the kirk must necessarily lie upon the tacksmen or sub-tacksmen of the fruits thereof, the said commissioners in that case also shall determine such recompense to be given to the said tacksmen and sub-tacksmen for their loss and prejudice sustained, as the said commissioners shall find the same shall merit, by renewing of tacks to them upon such conditions as may requite their loss, or by finding out some other reasonable means which may repair the same. And our said sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that all tacks which shall be determined by the said commissioners to be given in recompense to any person whatsoever for the causes above-written, and which shall be set for obedience and according to the said decreet and sentence whatsoever years or long space the said tacks shall comprehend, shall be good, lawful and sufficient securities to the persons in whose favour the same are appointed to be given and conceived; neither shall the same be in any way prejudiced by the act made in the parliament held in the year 1617, by the which it is statute that no archbishop, bishop or prelate should set in tack any part of their patrimony for longer space than 19 years, and that no inferior beneficed persons shall set in tack any part of their benefice for longer space than their own lifetimes and five years thereafter, as the said statute purports; from the which statute the said tacks so appointed to be set and given in recompense are and shall be excepted and reserved and shall in no way come under the compass of the same act and statute nor in any thing therein contained, but the same shall remain and abide valid and sufficient rights for the whole space and years appointed therein according to the tenor thereof, notwithstanding of the said act and statute. And because it may fall forth that in the recompense to be appointed by the said commissioners to the patrons, tacksmen and sub-tacksmen for the aforesaid burden to be imposed upon them more years may be assigned for prorogation of their present tacks than may lawfully or conveniently be set by the present beneficed persons to whom by law the setting of tacks of teinds belongs, for remedy thereof, our sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that it shall be lawful for the commissioners aforesaid to appoint as many years after the expiring of the present tacks to the tacksmen of the said kirks and teinds, or to the patrons and sub-tacksmen respectively, for possessing of the said teinds for recompense of the said burden as they shall think reasonable, which shall be as good, valid and sufficient rights to the said patrons, tacksmen or sub-tacksmen respectively, and to their heirs and assignees, for holding, possessing and conveying the said teinds during the said years of prorogation as if good, lawful and valid tacks and rights of the said teinds had been set and made to them by the titulars of the benefices to whom the same belongs, with consent of all parties having interest. With express provision and declaration that at the expiring of all the said years, the right of the said teinds and power to set tacks thereof shall return and appertain to the aforesaid titulars of the aforesaid benefices as they did before the making of this present act. And our said sovereign lord, with advice of the estates, declares and ordains this present commission to begin upon 10 January next, with continuation of days, and to last and endure during the space of a year and a day thereafter; and after the which time the same shall cease and expire. And ordains the decreet and sentence of the said commissioners in all the particulars aforesaid and every one of them to have the strength, force and authority of a decreet, sentence and act of parliament. For obedience whereof, the lords of session shall direct and grant letters in the appropriate form and accordingly as shall be necessary. Which commission above-written, taking force and full effect in all the said particulars therein contained as the same are set down and comprehended therein by pronunciation of decreet and sentence upon the same, according to the power therein comprehended given to the said commissioners, our sovereign lord, with express consent and assent of the estates in that case, finds and declares that no person in whose favour the teinds of kirks and benefices are erected, nor no other whatsoever possessing teinds by virtue of rights lawfully made to them of the same according to the laws of this realm then standing, shall be ever further altered or quarrelled in any of their said rights in any time to come further than shall be appointed by the said decreet and sentence to follow upon this present commission, but the said rights and securities in case aforesaid shall remain in their own strength, force and effect as good, lawful and sufficient rights and securities to them and every one of them for their own parts for possessing and enjoying of the said teinds according to the tenor of the said rights for now and ever.
[1621/6/18]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that his majesty's lieges are greatly damnified and prejudiced by the abuse and evil custom which heretofore has been observed in comprisings, whereby lordships, baronies and other great portions of lands are comprised for small sums of money and thereby the compriser has right to the mails, duties and profits of the lands, notwithstanding that they far exceed the profit of that sum of money for the which the said lands are comprised; for remedy whereof, it is statute and ordained that the compriser shall have no further right to the mails, ferms and duties of the comprised lands by virtue of the comprising led at his instance during the years and space that the same is redeemable, but only to such part and quantity thereof as will correspond to the annualrent of the sum at ten for the hundred, for the which comprising is led with this provision always and express declaration: that if the mails and duties of comprised lands exceed the proportion of the annualrent of the aforesaid sums for the which the comprising is deduced, and that the compriser please to intromit therewith and according thereto that he have intromission with the same, in that case his aforesaid further intromission which shall extend to any greater quantity than will justly satisfy him of the aforesaid annualrent shall be ascribed in payment and satisfaction of his principal sums for as much. Likewise the estates find and declare that the same further intromission shall be ascribed in that payment of the said principal sum so that if it shall happen that the quantity of the mails and duties to be intromitted with by the compriser to extend to as much as will satisfy the whole principal sums with the ordinary annualrent thereof according to ten for each hundred, and the expenses bestowed by the compriser in passing and obtaining infeftment of the superior of whom the lands are held, together with the annualrent of the said sums so given by the compriser to the superior for entering of him to the comprised lands and the necessary expenses and charges incurred and bestowed by the said compriser in leading and deducing the said comprising, in that case thereafter the comprising to expire ipso facto and to cease in all times following; and if that the person against whom comprising is led be minor and of lesser age, it is statute and ordained that it shall be lawful to him at any time within his perfect age of 25 years complete to redeem the said comprised lands by payment of the sums for the which the said comprising was led and of the lawful annualrents thereof according to ten for each hundred, together with the expenses bestowed in passing and obtaining of the infeftment from the superior and ordinary annualrent of the same, together also with the necessary expenses bestowed in leading and deducing of the said comprising as is above-written; and that notwithstanding of the preceding laws and practice of this kingdom by the which the legal reversion of comprised lands expired within seven years after the leading of the comprising, from the which his majesty and estates have by this present act and statute excepted minors in all times coming, declaring the same in no way to run against them; but it is declared that if a minor redeem not lands comprised (the right of reversion whereof is competent in his person) within seven years after the leading of the said comprising, but, according to the benefit granted to him by this present act, suffer the comprised lands to remain unredeemed with the compriser during all the years of his minority and less age, then and in that case the compriser shall have good right to meddle and intromit with the whole mails and duties of the comprised lands of all these years subsequent after the expiring of the said seven years and intervening between them and the said years of his majority and perfect age of 25 years complete, notwithstanding that the duties of the lands extend to more than will answer to the annualrent of the money for the which the lands is comprised. And if it shall happen a minor having right to redeem comprised lands as said is to decease before he be of perfect age of 25 years, and that another minor be heir or succeed to him in his right of reversion and title competent to him for redemption of the said comprised lands, that minor so succeeding in the rights shall have the same liberty and privilege above-written for redemption of the said lands also and in the same manner as if they had been comprised from himself, wherein he shall in no way be prejudiced by the years which ran after the comprising in the lifetime of that person minor in whose right he succeeded, but that he may also lawfully redeem the same at any time before his majority as said is. And it is declared that in case any minor having the right of the said reversion competent to him shall happen to decease after the expiring of seven years outrun after the said comprising, and that a person of perfect years succeed to the said minor in the right of his reversion aforesaid, in that case the said person major so succeeding shall be held and astricted to redeem the said comprised lands within the space of a year and a day after the decease of the said minor in whose right he succeeded, otherwise the said redemption not being used by him within that space he shall be perpetually secluded from all benefit which he may claim by the reversion and succession thereto aforesaid and all power of redemption of the said lands by virtue thereof; but if at the time of the minor's decease all the said seven years were not expired, it shall be lawful for his said successor (being major) to redeem within the space of so many of the said seven years as were not outrun the time of the minor's decease, in the same way as if the said lands had been comprised from the said minor himself; which time being expired and he doing no diligence, he shall be excluded from the benefit of his reversion. And it is specially provided that in all the above-written cases, if the comprised lands be not worth such yearly quantity of mail and duty as will proportionally pertain to the annualrent of the said money at ten for every hundred, for the which comprising is led, or, being worth that, the same is exhausted by other lawful deeds which may render the same unprofitable to the compriser and unanswerable to the annualrent of the sums for which he has comprised, either in whole or in part, then and in that case the redeemer, whether he be major or minor, shall be held before he can redeem or outquit the said lands from the compriser to refund and pay to him the full annualrent and profit of the sums for the which the lands were comprised so far as he wants and is lacking by the benefit of his said comprising. And if the rent of the land so comprised consist in victual, the estimation and consideration thereof shall be had according to the common prices of victual in those shires where the comprised lands lie according as the same gives between Yule and Candlemas [2 February]. And the said estates declare that this above-written statute shall in no way extend nor be prejudicial to comprisings which are already prescribed before the date of this present act.
[1621/6/19]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the great prejudice sustained by diverse and sundry creditors by decease of their debtors, who, being prevented by the diligence of their concreditors by obtaining of sentences of adjudication of their defunct debtors' lands and estate in respect of the refusal of the nearest of kin to enter heirs to them, are secluded from participation of any part of the lands and goods pertaining to their said defunct debtors, they being common debtors to the said whole creditors contrary to all equity and reason; for remedy whereof, it is statute and ordained that all adjudications to be obtained by any person at any time hereafter of any of their defunct debtors' lands and estate whatsoever, with all rights and infeftments following thereupon, shall be redeemable from the party obtainer of the said sentences of adjudication, their heirs and assignees at any time after the pronouncing of the same at the instance of any concreditor of the said defunct debtor, or of any creditor of the said person who renounces to be heir to his predecessors who shall happen thereafter to obtain decreet of adjudication against the apparent heir of the defunct debtor; and that within the space of seven years next and immediately following the obtaining of the said sentences of adjudication by payment of the sums of money specified in the said sentences, together with the annualrent of the same sums according to ten for each hundred thereof during the time of the non-redemption of the same, and of the expenses sustained by them in obtaining of the said sentences to be taxed and modified by the lords of council and session. By payment of the which sums, the said concreditor shall come in the place and right of the party from whom he redeems and shall possess the same by virtue thereof perpetually thereafter, except it shall happen another concreditor who shall obtain the like sentence of adjudication to redeem the same from him within the space above-written; in the which case it is declared that the party redeemer in the second, third or fourth room and so forth so long as there are any concreditors shall be obliged not only to pay the sums contained in the adjudications obtained at the instance of the party from whom he redeems, but also the whole sums which were paid by him to the former concreditors for redemption of their adjudications with the annualrent and expenses in manner above-specified. It is always declared that if the party from whom the said adjudications shall be redeemed did uplift the ferms and duties of the lands and others contained in the adjudications, that then and in that case the party redeemer shall not be held to pay any annualrents or expenses but in so far as the same annualrents and expenses exceed and are more than the mails, ferms and duties intromitted with by the party from whom the same is redeemed. And if the said mails, ferms and duties exceed both the annualrent and expenses, it is declared that the surplus shall be allowed in the principal sum by the sight of the lords of council, consideration being had of the prices of the ferms and victual as the same were commonly sold between Yule and Candlemas [2 February] in the sheriffdom where the lands lie. It is always declared that this act shall in no way be extended to decreets and sentences of adjudication already recovered. And also it is declared that in case any minor who has renounced in his minority be restored entirely against the same renunciation, that then and in that case he shall have place to redeem from the whole creditors by payment of the said whole sums owing to them and whereupon they obtained adjudication in manner and with the provisions above-specified; and all the rest of the privileges granted to minors in comprisings to be likewise granted in adjudications, which are here held as repeated.
[1621/6/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that sundry of his majesty's lieges who for great sums have comprised their debtors' lands are heavily prejudiced through the fraudulent abstracting or destroying of the writs, infeftments or confirmations of the said comprised lands, the said writs, infeftments and confirmations not being registered in the register of the great seal; therefore whereas any creditor has comprised lands held of his majesty and cannot recover out of the persons' hands from whom the same are comprised the king's right and confirmation of the same infeftment given to them thereof, lest the negligence of the party not registering the infeftment or confirmation after the passing thereof at the great seal, seconded with the subsequent fraud in abstracting and destroying the principal right and confirmation, should unjustly damage the true creditor and compriser, his majesty, with advice and consent of the said estates, wills and declares that if the said infeftments and confirmations of the said persons from whom the said lands are comprised have passed the privy seal and be registered in the register thereof, that, notwithstanding the want of the infeftment and confirmation under the great seal or the extract thereof, the extract of the said infeftment or confirmation out of the register of the privy seal, the same thereafter being passed the great seal, at any time shall be a sufficient right to the compriser whereby to possess and enjoy the lands comprised according to the laws made regarding comprisings, as freely in all respects as if the said infeftments and confirmations were extant and registered in the register of the great seal. Providing always that this present act shall in no way hurt nor prejudice any third person who has infeftment or confirmation of the said comprised lands passed the great seal of an anterior date to the said infeftment so passed the great seal in manner aforesaid, but shall be only of force and effect against that person from whom the lands are comprised, his heirs and successors.
[1621/6/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that a good number of kirk lands pertaining to bishoprics and their chapters are conveyed of old to be held by service of ward and relief, which form of holding yields no present nor constant rent and commodity but is only a casualty which becomes vacant not often, and when it becomes vacant, is gifted and conveyed by the present titulars to their own particular use without any benefit to their successors; whereas if the said kirk lands were set in feu ferm for a competent yearly duty, the same would not only augment and meliorate the estate of the benefice, but also diminish the occasion of applying of kirk rents to particular uses. And his majesty, out of his royal care and princely disposition, intending the preservation of the estate of the said bishoprics and their chapters, and therefore being most earnest to avoid and remove this evil, his majesty and estates statute and ordain that it shall be lawful for all bishops and members of chapters who have lands held of them by service of ward and relief to set the same in feu ferm for payment of a competent feu ferm duty and doubling the same at the entry of the heir, providing that the said feu ferm duty be answerable to the retoured duty of the lands; and where the lands have not been retoured, that the retour be ruled according to the custom of retours of lands in the country of the like valour where the said lands lie. And declare that this present statute shall remain in full force and effect for the space of three years after the date hereof only and no longer until further order be taken relating thereto.
[1621/6/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering in the fifth parliament held by his majesty upon 25 July 1599, chapter 62, his highness, with advice and consent of the estates, found and declared that the ministers and readers ought and should pay no teind for their glebes and kirk lands extending to four acres of land designed to them, according to the act of parliament, but decreed and declared them to be free of their said teinds and discharged them simply thereof in all time coming. Likewise in the parliament held at Perth, 9 July 1606, chapter 7, it is ordained that there shall be designed to the ministers serving the cure at kirks where there is no arable land adjacent thereto the number of four sums grass for every acre of four acres of glebe, extending to 16 sums grass for the four acres of land, and that of the most commodious and best pasturage of any kirk lands lying next adjacent and closest to the kirk; and ordained letters to be directed for the removing the possessors therefrom in such like form as against the possessors of manses and glebes. And in respect that the ministers' glebes are teind free, and that, by consequence, the sums grass above-mentioned designed instead thereof, where no arable land is adjacent to kirks, ought likewise of all equity and reason to be teind free in respect the same is dedicated and appointed for pious uses, therefore our said sovereign lord, with advice and consent of the whole estates of this present parliament, by the tenor hereof, declares that the ministers and readers ought and should pay no teind for their sums grass designed to them in place of their glebe where no arable lands are adjacent to kirks, and decrees and declares them to be free of their teinds and discharges them simply of all payment thereof in all time coming.
[1621/6/23]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the act of parliament made in the month of June 1617 regarding restitution of chapters of cathedral kirks in all the heads, clauses, exceptions, limitations and restrictions thereof, and further ordain and declare that all deeds done since the date of the said act, or to be done hereafter, whereby any member of any cathedral kirk being an office of dignity has or shall be suppressed, or any land, parsonage, vicarage or other living belonging to the said dignity dissolved from the same without an express warrant from his majesty and consent of parliament, are and shall be with all that have followed or shall follow thereupon null and of no force nor effect, and shall be so found in all time hereafter by way of action, exception or reply. Providing always [James Hamilton], marquis of Hamilton, his right to the parsonage of Hamilton and Dalserf, [John Erskine], earl of Mar, his right to the parsonage of Carnwath, and any other person having lawful rights according to the laws of the country before the act of parliament in the year 1617 be in no way hurt or prejudiced herein.
[1621/6/24]*[print] [email] [cite] [preceding] [following]
Forasmuch as by diverse acts of parliament it is statute and ordained that no person use packing nor peeling of wool, hides nor skins, unload nor load outwith free burghs and privileges of the same, notwithstanding whereof diverse strangers and other inhabitants within this realm do continually resort to the isles and other places thereabouts with their ships, barks and crayers and other vessels and do not only pack and peel skins and hides, but also do transport from thence butter, tallow and other forbidden goods, to the great contempt of the said laws, in manifest defraud of our sovereign lord, his customs. For remedy whereof, our sovereign lord, with advice and consent of the estates of the present parliament, statutes and ordains that no strangers nor inhabitants within this realm take upon hand to pack or peel any hides or skins in the said places of the isles, outwith the free burghs, nor that they transport, take away or carry out of this country any butter, tallow or other forbidden goods under pain of loss and confiscation of the hides and skins so packed and peeled by them and of loss and confiscation of the ship and whole goods that the owner of the said forbidden goods has within the same. And ordains the sheriffs of the shires and their deputes and overlords of the lands where the said skins and hides are packed and peeled, or from whence the said forbidden goods are transported, to put this present act to execution as they will answer to his majesty upon their office and obedience.
[1621/6/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that there may be sundry protections sought by bankrupts and others who are due in great sums of money, whereby the execution due to the creditor by the laws of the country against the debtor may be frustrated, to the great damage of the creditor; for remedy whereof, it is statute and ordained that hereafter the lords of session shall grant no protection from any execution due and competent against any man of the law, and declare that if any shall be hereafter granted, the granter of the same shall be subject and liable of the law to the creditor for the sum from the which he has granted protection.
[1621/6/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the manifold evils and inconveniences which ensue upon carding and dicing and horse races which are now overmuch frequented in this country, to the great prejudice of the lieges, and because honest men ought not expect that any winning had at any of the games above-written can do them good or prosper, have therefore statute and ordained that no man shall play at cards nor dice in any common house, town hostelry or cooks' houses under the pain of £40 money of this realm, to be exacted of the keeper of the said inns and common houses for the first fault, and loss of their liberties for the next. Moreover, that it shall not be lawful to play in any other private man's house but where the master of the family plays himself. And if it shall happen any man to win any sums of money at carding or dicing over the sum of 100 merks within the space of 24 hours, or to gain at wagers upon horse races any sum over the said sum of 100 merks, the surplus shall be consigned within 24 hours thereafter in the hands of the treasurer for the kirk (if it be in Edinburgh), or in the hands of such of the kirk session in the country parishes as collects and distributes money for the poor of the same, to be employed always upon the poor of the parish where such winning shall happen to fall out. And to the effect that either excess in play may be thus restrained, or at the least that excessive winning may be employed as said is, our sovereign lord, by acts of his supreme court of parliament, gives full power and commission to the bailies and magistrates of burghs, the sheriffs and justices of peace in the country to pursue and convene all such persons for all winning at cards or dice and horse races which shall happen to be made by any person in addition to the said sum of 100 merks money aforesaid. And in case the magistrate informed thereof refuse to pursue for the same, the party informer shall have action against the said magistrate for double of the like sum, the one half whereof to be given to the poor and the other half to the party informer.
[1621/6/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and the estates of this present parliament, understanding that diverse beneficed persons under the degree of prelates have taken occasion upon the act made in our late parliament held at Edinburgh, 28 June 1617, entitled 'Regarding the setting of tacks by prelates and other beneficed persons', to set tacks and assedations of the lands and teinds of their said benefices or some parts and portions thereof to diverse and sundry persons for the said beneficed person, his lifetime, and for the space of five years after his decease, without consent of the patron, albeit the said act of parliament gives no such liberty to any beneficed persons under the degree of a prelate to set such tacks, but only declares for what spaces a bishop or other prelate may set and for what spaces a beneficed man under the degree of a prelate may set, which was done by the estates to restrict the unbounded liberty used in setting of tacks for many liferents and 19 years; and the said declaration in no way takes away the lawful solemnities required to the setting of the said tacks either by consent of the chapter or patron, which still remains in the own force, not derogated, otherwise it should be lawful for a prelate to set tacks for 19 years without consent of the chapter, which is altogether absurd. And seeing by an express act made in our sovereign lord's 14th parliament held at Edinburgh, 8 June 1594, it is found and declared that no beneficed person under a prelate within this realm may in time thereafter set longer tacks of teinds or other pertinents of their benefice without consent of their patrons but for the space of three years only, which act stands in full force, strength and effect and is in no way annulled nor taken away by the said posterior act above-specified, therefore his majesty and estates aforesaid, for eschewing of all controversy that may arise upon the said last act, declare that the said last act makes no derogation to the said first act, and that all tacks set by beneficed persons under the degree of prelates since the said 8 June 1594 of any part of their said benefices longer than for the space of the said three years, without consent of their patrons, are null and of no value, according to the said first act above-specified.
[1621/6/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that by the act of parliament held in June 1617 there was a commission granted to certain persons therein nominated for appointing and establishing a constant met and measure for buying and selling of victual within this realm, which commissioners gave out their sentence and determination declaring the measure and firlot of Linlithgow to be the just and only firlot which should be used by all his majesty's lieges in buying and selling of victual, notwithstanding whereof there are many and great abuses committed in this kingdom contrary to the said act and determination of the said commissioners to the prejudice of his majesty's lieges; for remedy whereof, his majesty and estates aforesaid have ratified and approved and, by the tenor hereof, ratify, approve and confirm the act and statute respectively above-written in the whole heads and conditions of the same after the form and tenor thereof, and command and charge all his majesty's lieges and subjects to acknowledge, embrace, obey and observe the same act and statute respectively in the whole heads and conditions of the same in form and manner specially and particularly mentioned and set down therein after the forms and tenors thereof under all highest pain, charge and offence which they may incur through their disobedience and as they will be answerable relating thereto.
[1621/6/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding of the fraud and frequent abuse committed by many of his majesty's subjects, buyers and traders of victual, who, knowing that there are constant and settled measures lawfully established by the laws and statutes of this kingdom by the which all sorts of victual universally ought to be bought and sold according to the quantity appointed by the said mets, without adding of any quantity to the same or diminishing therefrom, yet nonetheless, when they make their bargains and conditions regarding the buying of any particular quantity of victual, they, by their indirect dealing, many times cause the seller agree to superadd and deliver to them in addition to the true quantity that is bought and sold at the prices convened upon some certain further quantity of victual, less or more, as they may best move the seller to condescend to and for the which they are not subject in payment of any price, to the great prejudice of the lieges and the manifest abuse and eluding of the law. For remedy whereof, it is statute and ordained that it shall not be lawful for any of his majesty's subjects to bargain or agree upon the price of victual, more or less, unless they first agree and condescend upon the price of the first boll of the bargain, which, being so agreed upon, the said price shall rule the whole quantity of the rest of the bolls to be received by the buyer, who shall have no increase nor addition of any further quantity except upon the payment of that same price as is conditioned for the said first boll. And if any person contravene this present act, he shall pay the sum of 40s for every boll of victual received by him contrary to the tenor of this act, and that in addition to the prices of the victual; the half of the said sum to his majesty and his treasurer and the other half thereof to the party dilator of the same.
[1621/6/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates convened in this present parliament, ratifies and approves and for his highness and his successors perpetually confirms the act of the lords of council and session made against debtors and bankrupts at Edinburgh, 12 July 1620, and ordains the same to have and take full effect and execution as a necessary and profitable law for the well of all his highness's subjects, of the which act the tenor follows:
The lords of council and session, understanding by the grievous and just complaints of many of his majesty's good subjects that the fraud, malice and falsehood of a number of debtors and bankrupts is become so frequent and avowed and has already taken such progress to the overthrow of many honest men's fortunes and estates that it is likely to dissolve trust, commerce and faithful dealing amongst subjects, whereupon must ensue the ruin of the whole estate if the godless deceits of those be not prevented and remedied, who, by their apparent wealth in lands and goods and by their show of conscience, credit and honesty drawing into their hands upon trust the money, merchandise and goods of well-meaning and credulous persons, do in no way intend to repay the same, but either to live riotously by wasting of other men's substance, or to enrich themselves by that subtle stealth of true men's goods, and to withdraw themselves and their goods out of this realm to elude all execution of justice; and to that effect, and in manifest defraud of their creditors, do make false and fraudulent alienations, dispositions and other securities of their lands, reversions, teinds, goods, actions, debts and others belonging to them to their wives, children, kinsmen, allies and other confidant and interposed persons without any true, lawful or necessary cause and without any just or true price intervening in their said bargains, whereby their just creditors and cautioners are falsely and godlessly defrauded of all payment of their just debts and many honest families likely to come to utter ruin. For remedy whereof, the said lords, according to the power given to them by his majesty and his most noble progenitors to set down orders for administration of justice, meaning to follow and practice the good and commendable laws, civil and canon, made against fraudulent alienations in prejudice of creditors and against the authors and partakers of such fraud, statute, ordain and declare that in all actions and causes depending or to be intended by any true creditor for recovery of his just debt or satisfaction of his lawful action and right, they will decide and determine all alienations, dispositions, assignations and translations whatsoever made by the debtor of any of his lands, teinds, reversions, actions, debts or goods whatsoever to any conjunct or confidant person without true, just and necessary causes and without a just price really paid, the same being done after the contracting of lawful debts from true creditors, to have been from the beginning and to be in all times coming null and of no value, force nor effect at the instance of the true and just creditor by way of action, exception or reply, without further declarator. And in case any of his majesty's good subjects (no way partakers of the said frauds) have lawfully purchased any of the said bankrupts' lands or goods by true bargains from just and competent prices or in satisfaction of their lawful debts from the interposed persons trusted by the said debtors, in that case the right lawfully acquired by him who is in no way partaker of the fraud shall not be annulled in manner aforesaid, but the receiver of the price of the said lands, goods and others from the buyer shall be held and obliged to make the same forthcoming to the benefit of the bankrupts' true creditors in payment of their lawful debts; and it shall be sufficient probation of the fraud intended against the creditors if they or any of them shall be able to verify by writ or by oath of the party receiver of any security from the debtor or bankrupt that the same were made without any true, just and necessary cause or without any true or competent price, or that the lands and goods of the debtor and bankrupt being sold by him who bought them from the said debtor, the whole or the most part of the price thereof was converted or to be converted to the bankrupts' profit and use, providing always that so much of the said lands and goods or prices thereof so trusted by bankrupts to interposed persons as has been really paid or assigned by them to any of the bankrupts' lawful creditors shall be allowed to them, they making the rest forthcoming to the remaining creditors who want their due payments. And if in time coming any of the said debtors or their interposed partakers of their fraud shall make any voluntary payment or right to any person in defraud of the lawful and more timely diligence of another creditor having served inhibition or used horning, arrestment, comprising or other lawful means duly to affect the debtors' lands or goods or price thereof to his benefit, in that case the said debtor or interposed person shall be held to make the same forthcoming to the creditor having used his first lawful diligence, who shall likewise be preferred to the concreditor, who being posterior to him in diligence has obtained payment by partial favour of the debtor or of his interposed confidant, and shall have good action to recover from the said creditor that which was voluntarily paid in defraud of the pursuer's diligence. Finally, the lords declare all such bankrupts and debtors and all interposed persons for covering or executing their frauds and all others who shall give counsel and wilful assistance to the said bankrupts in the devising and practising of their said frauds and godless deceits to the prejudice of their true creditors shall be reputed and held dishonest, false and infamous persons, incapable of all honours, dignities, benefices and offices or to pass upon inquests or assizes or to bear witness in judgement or outwith in any time coming.
[1621/6/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, having considered the act and ordinance of secret council made regarding prices set down to be taken by all writers, clerks, keepers of seals and others particularly expressed in the said act, which is of the date at Edinburgh, 4 February 1606, has ratified and confirmed the same in every point and article thereof, which all and sundry the premises our sovereign lord, with advice and consent aforesaid, ratifies and approves in all points in manner as the same purports, and gives to them the strength of laws and acts of parliament, and ordains execution to pass upon the same as appropriate. Of the which the tenor hereafter follows:
At Edinburgh, 4 February 1606. The lords of secret council and session, considering the great extortion used by the writers and clerks of all judicatories within this realm in extorting from the subjects of the country such unreasonable and exorbitant prices for their writs as ought not to be suffered in a well governed commonwealth, procuring thereby not only private grudges but public exclamations against the freedom and liberty granted to such shameful scaffery† and extortion, highly to his majesty's offence and contempt, hurt and prejudice of his majesty's good subjects and to the reproach and slander of the judges under whose office and judicatories the said clerks and writers serve; for remedy whereof in times coming, the lords of secret council and session have set down the prices of all letters, acts, infeftments and writs proper to whatsoever clerkship within this realm, together with the prices of the signet, privy and great seals whereby the subjects of the country may know and understand what prices they ought to give for every letter, writ, extract and seal hereafter and be no way subject to the indiscretion of the writers and keepers of the seals, which prices now set down by the said lords for the ease, benefit and relief of the subjects of the country, the said lords ordain and command all and sundry writers and clerks and the keepers of the seals, every one in their own several charge and office, to observe and keep and in no way to exceed the said prices upon whatsoever colour or pretence, under the pain of deprivation of the contravener from the office and seal which he possesses; and ordain and command the said clerks and writers to write all their letters, acts, writs, registers and such other things as pass through their office and hands compactly, and in no way to abuse the people with disperse writing, under the pain to be censured and punished as abusers of his majesty's subjects and as contraveners of the said lords' ordinance now set down regarding the said prices. Commanding and charging also all and sundry clerks and writers bearing public function and charge within this kingdom that they, and every one of them, within the space of a month after the date hereof, have the just and authentic [duplicate]† of this act and of the prices following thereupon affixed in some public and patent place of their booth and chamber where they write, through which all his majesty's subjects having business with them may have inspection of the same and accordingly know what to pay. And that the said writers and clerks shall write upon the backs of all writs to be given out by them the just and ordinary price which they receive from the party for their pains, and subscribe the same with their hands under the said pain of deprivation of the contravener.
The prices set down to the clerks of our sovereign lord's signet to be taken hereafter for all signatures to be formed and written by them
Prices set down to the keepers of the treasurer's register to be taken hereafter of all such gifts and signatures as pass the said register
Providing that the payment (per capita) exceed not 10 persons, their escheat and liferent to pay the double of the same sums.
Providing that the payment (per capita) exceed not 10 persons, and their escheat and liferent to pay the double of the same sums.
Providing that the payment (per capita) exceed not 10 persons, their escheat and liferent to pay the double of these sums.
Prices set down to the keepers of the collector's register to be taken hereafter of all such letters as pass that register
Prices set down to the keepers of the register of benefices to be taken hereafter of all such letters as pass that register
Prices set down to the writers to the privy seal to be taken hereafter of all such letters and writs as pass that office
Prices set down to the director of the chancellery to be taken hereafter of all such letters and writs as pass that office
Providing that the whole payment exceed not £20.
Providing that the whole payment exceed not £50.
Prices set down to the writers to the signet to be taken hereafter of all letters, summonses and writs which pass their hands, excepting always signatures, the prices whereof are already set down
Prices set down to the ordinary clerks of the session to be taken hereafter of all such letters, acts and writs as pass that office
And in matters of contentious disputation heard in presence of the said lords, the price of the act of litiscontestation to be at the discretion of the party.
Prices set down to the clerk of the bills before the session to be taken hereafter of all bills and acts proper to that office
Prices set down to the clerk of privy council to be taken hereafter of all such letters and writs as pass that office
Prices set down to the clerks of the exchequer to be taken hereafter of all writs which pass that office
Prices set down to our sovereign lord's signet to be taken hereafter by the keeper thereof for all letters and writs which pass the signet
And accordingly for every person relaxed or composition at the discretion of the keeper of the signet.
A patronage being inserted in a barony, to pay the half price that the barony pays at the signet.
A taxed ward being inserted, to pay likewise the half price that the lands or barony pays at the signet.
A regality, to pay the whole price that a barony pays at the signet.
Prices set down to the keepers of the privy seal to be taken hereafter for all letters and writs that pass the seal
The liferent and escheat to pay the double of this sum.
Their escheat and liferent to pay the double of this sum.
Their escheat and liferent to pay the double of this sum.
And accordingly for every person and every crime contained in the signature.
And accordingly for every person more of that rank and for every crime contained in the signature.
And accordingly for every person of that rank and for every crime contained in the signature.
For a patronage inserted in a barony, the half price of the privy seal
For a taxed ward, the half price that the land or barony pays at the privy seal
For a regality, the whole price that the barony pays at the privy seal.
Prices set down to the great seal to be taken hereafter for all such infeftments and writs as pass that seal
That the keeper of the great seal exceed not the quadruple of the privy seal, but conform themself thereto in all points.
Regarding chamber fees
The lords of secret council and session find that in times bygone when the duty of the chamber fees first came in custom that no infeftment nor signature paid chamber fee except only resignations made in the king's hands and, therefore, the said lords declare, statute and ordain that in all time coming no infeftment nor signature shall pay chamber fee except only resignations of lands held of his majesty, and that the duty of the chamber fee to be taken for the said resignations shall be equal and proportional to the duty and price due to the privy seal for the lands which shall be resigned. Commanding hereby his majesty's ushers and their deputes appointed for collecting of their said fee that they in no way violate this present act but conform themselves thereto in all points as they will answer upon their obedience, and that the keeper of the signet and privy seal in no way prevent nor hinder any letter of writ at their seals for alleged non-payment of the chamber fee under the pain of deprivation.
Prices set down to the procurators fiscal to be taken hereafter for forming of testaments
Prices set down to the commissary clerks to be taken hereafter of all such letters and writs as pass their office
And further as the writing shall be of quantity at the discretion of the judge, and the extract of the same as much and further at the discretion of the said judge.
The extract thereof subscribed by the principal clerk, half as much.
Prices set down to the sheriff clerks, stewart and bailie clerks and clerks of regality and to clerks in services by commission to be received by them for all such letters, acts and writs as pass their offices
And the lords of secret council expressly prohibit and discharge that no act of revocation or renunciation be received by judicial compearance without a warrant in writing bearing registration.
Providing always that the decreet exceed not 40s however long the decreet be.
And not to exceed 20s however long the horning be.
Prices set down to the clerks of the admiralty to be taken hereafter for all letters, acts and writs as pass that office
And in case it be more than a sheet, that the payment exceed not 20s
It is always ordained and commanded by the said lords that the payment exceed not 40s however long the decreet be.
Prices set down to the keepers of the secretary's register to be taken hereafter for all such letters as pass that office
The lords of secret council and session command and ordain the clerks keepers of the said registers of the secretary that they and every one of them conform themselves in their prices to the acts of parliament made regarding the prices of such letters and writs as pass through their registers, and that they in no way presume to exceed the said prices under the pain of deprivation.
Prices set down to the clerks within burgh to be taken hereafter for all such letters, acts and writs as pass the office of common clerkship within burgh
Providing that the whole payment exceed not £3
And in case of more lands not to exceed 53s 4d
The lords of secret council and session ordain and command that no process be granted before inferior judges in the first summons but upon libelled precepts and citation of 15 days' warning according to the act of parliament, and ordain this ratification to be published and imprinted. Moreover our sovereign lord, with consent aforesaid, has simply discharged 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 breaking and violating of the said act of council in any time bygone preceding the date hereof, and discerns the same to be of strength, force and effect against the transgressors thereof in all time coming only. And further, our said sovereign lord, with consent aforesaid, gives and grants full power and commission to the lords of his highness's privy council to take order for setting down and appointing of such particular prices as are omitted to be set down by the said act of council; and whatsoever the said lords of privy council shall decree and ordain in the premise, discerns the same to have the strength and force of an act of parliament in all time thereafter.
[1621/6/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the great prejudice which diverse of his majesty's lieges sustain by the want of their money lent and given forth upon bond or contract or otherwise justly owing to them by their debtors, who, having used all execution competent to them by law against their debtors by charging and putting of them to the horn, are forced after many years to receive their principal sum and penalty without any satisfaction of their annualrent and interest of their money in the meantime, which, as it is a prejudice to the true creditors, so it is an occasion to the debtors to contain his majesty's charges and letters of horning who resolve in end to pay no more for relief of the horning after many years delay than they were obliged to at the beginning. For remedy whereof, his majesty, with advice and consent of the estates of parliament, statutes and ordains that whensoever any person is denounced rebel and put to the horn for non-payment of sums of money owing by him by bond, contract or otherwise, that after the said denunciation the said person so denounced shall be subject in payment of annualrent for the said sums for the which he is put to the horn, and that of all years and terms from the date of the said denunciation to the time of the payment of the same; and that notwithstanding there be no agreement nor condition of annualrent made between the said parties which may bind the said party who is denounced rebel to the payment thereof. And such persons as are now standing rebels and at the horn, this act shall not work against them as in times past, but shall have strength and force against them in time coming from the feast of Martinmas [11 November] 1621; and they shall begin to be subject in payment of annualrent at that time and yearly and termly thereafter until the payment of the principal sum.
[1621/6/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding the great straits and necessities into which the poor labourers of the ground are driven and constrained, especially by the fraud and malice of servants who either refuse to be hired without great and extraordinary wages promised to them, or otherwise hire themselves only from Martinmas [11 November] to Whitsunday [May/June], after the which term of Whitsunday they cast them loose, of purpose and intention to make their gain and advantage by the extraordinary works which befall in that season between Whitsunday and Martinmas, such as casting and extracting of peat, turf, fail, divot, building of fold dykes, shearing in the harvest, for doing whereof they know the said husbandmen who have necessarily business therewith will be forced to hire them at daily and weekly wages and such high rate as they please, to the great harm of the labourers of the ground and all his majesty's subjects. For remedy whereof, it is statute and ordained that it shall not be lawful for any hired servant from Martinmas to Whitsunday to leave his master at the said term of Whitsunday and to run loose in that service unless he be able to verify to the justice of peace or constable of the bounds that he is hired to another master from the said feast of Whitsunday to Martinmas thereafter; and if it be found that he is not hired to another master, then and in that case it is declared that it shall be lawful to his present master to keep and detain him from the said feast of Whitsunday to Martinmas for payment to him of such wages as he paid to him of before; and if he refuse to serve, that the justice of peace shall have power to compel him thereto; and if the said servant of the quality aforesaid break loose from his master, it shall be lawful for his master to take and apprehend him wheresoever he finds him and present him to the constable or justice of peace upon the ground where he shall be found, who shall have power to compel the servant to return to his former master (if it be found that he be masterless and no other way). And also, his majesty and estates find and declare that it shall be lawful to all his majesty's lieges who have necessarily business with labour to take, apprehend and employ in their works whatsoever loose and masterless men and women whom they shall find within their own bounds; and also that the justices of peace and constable shall have power at the instance and desire of whatsoever person, his majesty's lieges, to force and compel all and whatsoever loose men and women to serve for competent hire and wages.
[1621/6/34]*[print] [email] [cite] [preceding] [following]
For eschewing the danger wherein many of his majesty's lieges stand by counterfeiting and falsifying of evidents, it is statute and ordained that whosoever makes and uses a false writ, or is accessory to the making thereof, shall be punished with the pains due to the committers of falsehood; and it shall not be lawful for any person, counterfeiter, falsifier or accessory whatsoever to declare in judgement that he passes from the writ quarrelled of falsehood, but if after the trial the writ quarrelled be found false, the passing from or declaration of the party that he will not use the same shall in no way free him from the punishment which is due to those who commit falsehood.
[1621/6/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the complaint made by the barons, sheriffs, stewarts, bailies and other freeholders within this kingdom concerning the danger which all our sovereign lord's lieges do daily underlie for having transgressed penal statutes which have a pecuniary or arbitrary pain added thereto, and the great hurt and prejudice sustained by granting commissions to private persons for execution of the same statutes which have been used among the common people at sundry times with intolerable rigour and exaction of before, have discharged, freely pardoned and remitted, discharge, freely pardon and remit all contraveners of any of the said penal statutes for all deeds done by them contrary to the tenor of the same statutes in times bygone, except only the statutes concerning wearing and bearing of hackbuts and pistols, taking of unlawful usury, transporting of money and gold and slaying of red and black fish, which are in no way discharged by this present statute nor comprehended herein. As also our said sovereign lord, with advice and consent of the said estates, statutes and declares that hereafter commission for putting of penal statutes to execution shall only be granted to honest men of good quality who shall be sufficiently authorised by the lords of secret council for discharging of their office, and absolutely discharges in time coming James Cranston, his deputes or officers to call or convene any person or persons for slaying of red or black fish, and from henceforth declares the power of his commission granted to him to that effect to be quit, extinguished and abolished.
[1621/6/36]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that there are sundry infeftments and other writs which pass his highness's great seal that in time bygone, after the expelling thereof and appending of the seal thereto, have, through the oversight and negligence of the receivers thereof in the not returning of the same to the director of his highness's chancellery and his deputes, been omitted to be registered in their books and the registers appointed for that effect; and considering that the non-registration of the same infeftments and writs tends to the great hurt and prejudice of the persons to whom the same are granted and pertain, therefore our said sovereign lord and estates of parliament, for remedy hereof, statute and ordain that in time coming when any infeftment or other writ or evident which passes his highness's great seal shall be formed and written by the director of his highness's chancellery or his deputes, the same after the writing thereof shall be delivered by them to the party submitter of the said infeftments or other writs aforesaid, to the effect he may get his highness's great seal thereto appended; at the delivery whereof, the party receiver of the same shall only be held and astricted to pay at that time to the director of the chancellery or his deputes that one half of the prices allowed to him by the book of rates for writing of evidents to the great seal, and that only in consideration of the pains taken in forming and writing of the said writs and evidents, without paying beforehand the other half of the said prices, which hereby is appointed to be reserved unpaid until the same be registered in manner after-mentioned. Which infeftments and evidents being delivered to the keeper of the great seal, and he having appended the same seal thereto, and being satisfied of the price due to him, therefore ordain the keeper of the great seal to return and redeliver the same infeftment or other writ aforesaid so sealed by him back again to the director of his highness's chancellery or his deputes, to the effect the same infeftments, evidents or other writs aforesaid [may] be registered by him in the registers and books appointed for that effect; which being so registered, ordain the director of his highness's chancellery and his deputes to deliver the same to the party, he being satisfied of the other half of the price aforesaid retained by the party and unpaid by him at the time of the writing of the said evidents to the great seal as due for the registration thereof in manner above-written. And also our said sovereign lord statutes and ordains all and whatsoever persons who have any infeftments, writs or securities granted to them and already passed the great seal and which are not as yet registered to return the same back again to the director of his highness's chancellery within the space of a year after the publication of this present act, to the effect the said infeftments and writs may be registered by the said director of his highness's chancellery and his deputes and that freely and without any payment to be given to him for that.
[1621/6/37]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the great hurt coming to this country by the superfluous usage of unnecessary sumptuousness in meat, apparel and otherwise, and that by all sorts of people indiscriminately, without distinction of persons of ranks or quality, for repressing the said abuse in time coming, do statute and ordain that none of our sovereign lord's lieges of whatsoever quality or degree shall wear any clothing of gold or silver cloth, or any gold or silver lace upon their apparel or any part of their bodies hereafter, and that no manner of person shall have any apparel of velvet, satin or other stuff of silk except noblemen, lords of parliament, prelates, his majesty's councillors, lords of session, barons of quality having of free yearly rent 80 chalders of victual or 6,000 merks of silver, and the provosts of the principal burghs within this kingdom, or those who have been provosts, with such also as shall happen to be or have been provosts, bailies, dean of guild and treasurer within the town of Edinburgh, excepting also rectors of universities. And it is statute and ordained that those persons which are permitted to wear the said apparelling of silk shall in no way have embroidering or any lace or passements upon their clothes, except only a plain welting lace of silk upon the seams or borders of their clothes, with belts and hatbands embroidered with silk; and also that the said apparel of silk be in no way cut out upon other stuffs or silk except upon a single taffeta, and that the wives of the said privileged persons, their eldest sons and eldest daughters unmarried and the children of all noblemen be licensed to wear their apparel in manner aforesaid only under the pain of £1,000 on every occasion.
2. Item, that no person of whatsoever degree shall have pearling or ribboning upon their ruffs, sarks, napkins and socks except the persons before privileged, and the pearling and ribboning to be so worn by them (if any be) to be of those made within the kingdom of Scotland under the pain of £100 on every occasion.
3. Item, that none wear upon their heads or head-dresses any feathers, and notwithstanding it is permitted that any person may wear chains or other goldsmith work having no stones nor pearls within the same. And that no person wear any pearls nor precious stones except the persons before privileged under the pain of 1,000 merks to be paid by the contraveners on every occasion.
4. And it is statuted that no person nor persons except the privileged persons aforesaid wear lawn or cambric, and that no person whatsoever wears upon their body tiffanies,† cobwebs,† lawns or slyres† under the pain of £100 on every occasion.
5. Nevertheless, the king's majesty, prince and their ordinary household servants are exempt from this act and all the clauses thereof.
6. It is moreover statute that no servants, men or women, wear any clothing except those that are made of cloth, fustian, canvas or stuffs made in the country, and that they shall have no silk upon their clothes except silk buttons and button holes and silk garters without pearling or roses, under the pain of 100 merks on every occasion.
7. It is always declared that it may be lawful for them to wear their master's or mistress's old clothes.
8. It is hereby ordained that no [clothes]† be gilded with gold.
9. It is also declared that heralds, pursuivants and likewise trumpeters be exempt from this act.
10. Item, it is also statuted that minstrels be exempt.
11. Item, it is further statuted that none, except the privileged persons aforesaid, use damask table linen brought from beyond sea, under the pain of £100 on every occasion.
12. It is likewise statute that no more mourning attire be made at the death of any earl or countess, but 24 at the most; or for a lord of parliament or a lord's wife, but 16 only; and for all other privileged persons before named, 12 at the most. And that none except the privileged persons have any honours carried and those according to their qualities. And that no mourning attire be given to heralds, trumpeters or saulies,† except by the earls and lords and their wives; and the number of the saulies to be according to the number of mourning attire, under the pain of £1,000 on every occasion.
13. It is statuted that the fashion of clothes now presently used not to be changed by men or women, and the wearers thereof under the pain of forfeiture of the clothes and of £100 to be paid by the wearers and as much by the makers of the said clothes on every occasion.
14. It is ordained that no beaver-fur hats be used or worn but by the privileged persons, under the pain of £100 on every occasion.
15. It is further enacted that no clothes shall be made after the publication of the act, but according to the manner and condition before expressed. And that none of the former discharged clothing be worn by any person after Martinmas [11 November] 1623, under the pains respectively set down above on every occasion.
16. Item, it is ordained that the husbandmen and labourers of the ground wear no clothing but grey, white, blue and self black cloth made in Scotland, and that their wives and children wear the like under the pain of £40 on every occasion.
17. It is further statuted and ordained that no person use any manner of dessert of wet and dry confections at banqueting, marriages, baptisms, feasting or any meals except the fruits growing in Scotland; as also figs, raisins, damsons, almonds and other unconfected fruits under the pain of 1,000 merks on every occasion, excepting likewise the use of the aforesaid forbidden confections to be lawful for the entertainment of his majesty, prince and their trains being within the country, and for ambassadors and strangers of great quality.
18. And it is statuted moreover that no person of whatsoever quality use any feasting at burials or offer of other meats except bread and drink; as likewise no person use any eating or drinking at night vigils or lyke-wakings† under the pain of 1,000 merks on every occasion.
[1621/6/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that sundry persons of mean quality acquire to themselves the heritable right of sundry ruinous lands and wastes within the town of Edinburgh, and for want of means to build the same sufficiently roof the same with straw and planks, whereby the lands next adjacent to the same, built upon the great charges and expenses of the heritors, are often brought in great hazard and sometime to decay in time of sudden fire; therefore, and for further decoration of the said burgh, being the head burgh of this realm, our sovereign lord, with consent of the said estates, statutes and ordains that in all time to come no manner of person or persons shall be suffered or permitted to build any houses within the said burgh of Edinburgh but such as shall be covered with slate or lead tiles or roof stone; and also statute and ordain that the heritors of such houses as are already roofed with thatch and straw (if the same thatch or straw roofs shall hereafter at any time become ruinous) shall be astricted to roof the same again with slate or lead tiles or roof stone; and ordain letters of horning to be directed hereupon against the heritors of the said lands in the appropriate form; and also ordain the provost and bailies of the said burgh to put this act to execution.
[1621/6/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the 106th act of the 7th parliament of King James V of worthy memory, entitled 'The creditor may pursue him who is charged to enter and entered not', in all the heads, articles and clauses thereof, with addition and explanation following: that the same shall be extended to debts owing by any person himself as well as to those which were due by his predecessors, for the which debt it shall be as lawful for a creditor to charge any person to enter heir to his predecessor and with the like certification as if the predecessor had been debtor therein, whereupon comprising may follow in manner specified in the said act.
[1621/6/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that notwithstanding usury and taking of unlawful annualrent more than ten for each hundred has been by sundry acts of before discharged and forbidden, yet it has been usual by an evil and corrupt custom to take or retain the annualrent the time of the borrowing the money, which in effect is eleven of each hundred at least; for avoiding whereof, statute and ordain that no person who lends or gives out money and receives annualrent thereof shall retain the time of the lending, exact, crave or receive from their debtors the annualrent of their lent sums until the term of payment appointed by their bonds be first come; and it shall be lawful at the time of lending of money and making of bonds to add the annualrent to the principal sum, providing always neither principal nor annualrent be exacted or craved before the term of payment appointed to the said bond; and the contraveners of this present statute shall be punished as unlawful usurers.
[1621/6/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, by the tenor hereof, ratifies, approves and confirms the act of secret council of the date 17 February 1618 made and set down by his majesty, with consent of the lords of his highness's secret council, against the bakers, brewers, butchers, candle-makers and others therein contained, indwellers within Edinburgh, with the publication and proclamation following upon, in all and sundry heads, points, passages, circumstances and others specified therein, according to the tenor thereof in all points; and wills and declares the same to have been in all time bygone since the making and publication thereof, and to be and stand in all time coming, good, valuable and effectual in the self and to have the due benefit and execution thereof according thereto against all who have transgressed or shall happen to transgress and contravene the tenor of the same, of the which the tenor follows:
At Edinburgh, 17 February 1618. Forasmuch as the king's majesty and lords of his privy council, considering the dangerous and fearful abuse which has been of continuance these many years bygone within the burgh of Edinburgh by the tolerance, connivance and oversight which has been given to bakers, brewers and others to build and keep stacks of heather, broom, grasses and other fuel in the heart of the said burgh and in the passages and closes of the same, where sundry of his majesty's good subjects, inhabitants of the said burgh, have, with great charges and expenses, built many goodly houses and buildings, to the credit of the said burgh and for the policy and decoration of the same. By the which stacks of heather, broom, grasses or other fuel built and kept within the said burgh, not only are the neighbours of the next adjacent parts thereto held in continual fear and dread and are in very great hazard and danger if either by negligence or wilful malice (as God forbid) fire should be set in the said stacks (as fell out by the firing of some stacks in Peebles Wynd in 1584), but a great number of people who are inclined and disposed to bestow some part of their estate upon building within the said burgh are withheld therefrom for fear of the said stacks. And besides this abuse, which is both fearful, dangerous and has produced many inconveniences and great harm from time to time to the said burgh, there is another shameful abuse therein which, although it be not altogether so fearful and dangerous as the other, yet it is injurious to the whole civil and honest neighbours and to all the nobility and country people who come hither for their private concerns, and with that it is detestable in the sight of strangers, corrupts the air and carries many disgraceful and shameful imputations against the said burgh as being a puddle of filth and filthiness, namely, the oversight which is given to candle-makers to keep their shops and houses where they melt their tallow and cracklings within the heart of the said burgh, and to butchers to keep their slaughter shops within the town and to empty the filth of the slaughtered goods upon the high streets and in open passages and closes, whereby it often falls out that in many streets and passages of the said burgh the filth of slaughtered goods is in such abundance, exposed to the view of the people, and the closes and streets are so filled therewith as there can be no passage had through the same. For removing of the which two abuses so dangerous and disgraceful to the said burgh, the king's majesty, with advice of the lords of his secret council, has resolved, concluded, commanded and ordained that from 1 May next there shall be no stacks of heather, broom, grasses nor other fuel kept nor suffered to be in any of the passages, wynds or closes of the said burgh, nor within houses nor upon the streets of the same; and that no butchers shall be suffered by themselves, their servants or others in their names to keep any slaughterhouses within this burgh, nor in any wynd, close or passage of the same, nor to empty the blood and filth of their slaughtered goods upon the streets or in closes or passages, nor that no candle-makers keep their melting houses within the said burgh, but that the said stacks of heather, broom, grasses and other fuel shall be varied, set at some remote parts of the said burgh beside the ports, walls or north loch side where there are no houses, and that the said butchers shall provide themselves of slaughter houses at the north loch side where they may have the use of the water for the taking away of the filth of their slaughtered goods, and that the candle-makers provide themselves of houses for melting of their tallow and cracklings at some remote parts of the town from the common streets, closes and passages of the same. And ordains letters to be directed to make publication hereof by open proclamation at the market cross of Edinburgh, through which none pretend ignorance of the same, and to command, charge and inhibit all and sundry persons, inhabitants within the said burgh, of whatsoever trade or calling they be, that they, nor none of them, nor none by their command and direction, found, build or keep any stacks of heather, broom, grasses or other fuel within any of the closes, passages or waste places of the said burgh, nor within their houses, and that they remove the stacks which they already have and build the same at some remote places about the ports and walls of the said burgh where there are no houses or at the north loch side between now and the said 1 May next under the pain of confiscation of the same heather, broom and grasses so to be stacked against the meaning and intent of this act; and further, under the pain of £500 to be paid by them so often as they shall happen to fail. And also to command all and sundry butchers, inhabitants within the said burgh, that they prepare themselves of slaughter houses at the north loch side where they may have the commodity of water for their use, and that they in no way presume nor take upon hand after the said day to empty the filth or blood of their slaughtered goods upon the streets, nor in the passages, closes and wynds of this burgh. As also to charge all candle-makers that they between now and the day aforesaid provide themselves of houses for melting of their tallow and cracklings at some remote parts of the town from the common streets, closes and passages of the same under the pain of £500 to be incurred by every person, butcher or candle-maker, so often as they shall fail. And also to command and charge the provost and bailies of Edinburgh that they have a special care and regard to see this present act to be precisely and inviolably kept as they will answer to his majesty and the said lords upon the dutiful discharge of their office.
[1621/6/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, considering the great abuse and liberty which has been used these diverse years bygone by the subjects of this realm in buying and selling of wild fowls of the particular species following, namely: of young fowl, partridges, red grouse, black grouse, heath-hens, ptarmigans, quails, wood-grouse etc., for restraining of the which abuse in time coming our sovereign lord, with advice and consent aforesaid, statutes and ordains that no person whatsoever within this realm presume nor take upon hand to buy nor sell at any time hereafter any wild fowls of the species aforesaid under the pain of £100 to be incurred by the contravener thereof, buyer or seller; and ordains this present act to have the strength and force of an act of parliament to be inviolably observed in all time hereafter until the same be lawfully discharged or altered.
[1621/6/43]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain that no man hunt nor hawk at any a time hereafter who has not a plough of land in heritage under the pain of £100; [and] ordain his majesty to have the one half of the penalty of the contraveners of this present act and the informer to have the other half of the said penalty.
[1621/6/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the act of parliament made by King James III of worthy memory in the seventh parliament regarding the fine of stealing of hawks, hounds, partridges and ducks in all and sundry points, heads, articles and clauses thereof with this addition: that the pain and penalty of £10 therein contained shall be now in all time coming augmented against the contraveners of the said act under the pain of £100 money of this realm; and also ratify and approve all acts of parliament made of before by his majesty's most noble progenitors regarding the slaying and hunting of hares, doe and roes in time of snow, and statute and ordain the pain and penalty against the contraveners thereof to be under the pain of £100 on every occasion as they shall happen to contravene the same; and ordain the one half of the pain to be incurred by the contraveners of this present act to be given to his majesty, and the other half to the informers of the contraveners of the same.
[1621/6/45]*[print] [email] [cite] [preceding] [following]
Forasmuch as in this present session of parliament there are many ratifications and acts in favour of particular persons 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 or act granted to any particular person any other party should be hurt or prejudiced. For remedy whereof, it is statuted and ordained that no ratification nor other act made in favour of any particular person shall be prejudicial to any private parties' right, but that the said ratifications and acts made in favour of particular persons be always understood saving the right of anyone.
[1621/6/46]*[print] [email] [cite] [preceding] [following]
Forasmuch as the present scarcity of money cannot conveniently in short time be redressed and all things tending to the bringing in of money and to the increase and abundance thereof within this kingdom can hardly be foreseen and ordered without good and mature advice and deliberation, therefore our sovereign lord and estates of this present parliament have given and granted full power and commission to the persons following, namely, [John Spottiswood], archbishop of St Andrews, [James Law], archbishop of Glasgow, [David Lindsay], bishop of Brechin, [Patrick Lindsay], bishop of Ross, [William Douglas], earl of Morton, [Robert Ker], earl of Roxburghe, [Alexander Elphinstone], lord Elphinstone and [David Carnegie], lord Carnegie [of Kinnaird], [Sir Andrew] Murray of Balvaird, George Auchinleck of Balmanno, Master John Leslie of Newtoun and Sir Alexander Napier of Laurieston, David Aitkenhead, provost, and John Byres, dean of guild of Edinburgh, Andrew Gray, provost of Perth, and Master Alexander Wedderburn [of Kingennie], town clerk of Dundee, together with the four officers of state following, namely, [Alexander Seton, earl of Dunfermline], lord chancellor, [John Erskine, earl of Mar], lord treasurer, [Thomas Hamilton, earl of Melrose], lord secretary and [Sir George Hay of Kinfauns], lord clerk register, or any three of every one of the aforesaid ranks of persons, for trying and examining the most profitable and usual way for the well of this kingdom to bring in money and make the same increase and abound within this country. With power to them to convene and meet at such times as they shall think fittest and to call before them and inquire of any person best skilled in matters of money, as well tradesmen as coiners, and all others who can give greatest light and knowledge therein, and to do all other things most expedient for furtherance of that which is committed hereby to their charge. And whatsoever the said commissioners, or three of every one of the said ranks together, appoint, statute and ordain in the premises, our said sovereign lord and estates of this present parliament declare to be of as great force, strength and effect as if the same were now presently concluded, acted and ordained in this present parliament.
[1621/6/47]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the supplication presented by William [Keith], lord Keith, sheriff principal of the sheriffdom of Kincardine, bearing him to have been charged by the collectors of sundry past taxations to make payment for a fifteen pound land more than the retours of the whole lands of the said sheriffdom of Kincardine will extend to, craving therefore that commission might be given for setting down a true and perfect tax roll of the just extent of all lands lying within the said sheriffdom, according to which his majesty's taxations may be paid in all time hereafter; and, therefore, our sovereign lord, with consent of the said estates, has given and granted and, by the tenor hereof, gives and grants full power and commission to David [Carnegie], lord Carnegie [of Kinnaird], Sir George Hay of Kinfauns, knight, clerk of his highness's register, Sir George Erskine of Invertiel, knight, Master John Wemyss of Craigton, Master Alexander Gibson of Durie, all senators of the college of justice, and to [...] Arbuthnott, younger, of that Ilk, [Sir Thomas] Burnett of Leys, [...] Douglas of Glenbervie, [...] Ramsay of Balmain, or any four of them jointly (two of the said senators of the college of justice being always two of the said number), to convene together in a court, which the said lords do by this commission ordain to be held within the tolbooth of Edinburgh upon the first Tuesday of December next, and there to call before them the whole heritors of lands lying within the said sheriffdom, take inspection of their old retours and infeftments and confer the same with the old tax rolls of the said sheriffdom, and to use such other means for making a true and perfect stent of all lands lying within the said sheriffdom as to them shall seem most expedient, to the effect that the sheriffs of the said sheriffdom of Kincardine be not at any time hereafter charged by the collectors of the taxations or their deputes for payment making of a greater or less proportion of stent than the retours of the whole barons and freeholders of the said sheriffdom, being joined together, will amount to. For the better effectuating whereof, the said lords ordain letters to be directed to messengers of arms, sheriffs in that part, charging them to pass to the market cross of Stonehaven (being the head burgh of the said sheriffdom of Kincardine) and there by open proclamation in his highness's name and authority make publication hereof that none pretend ignorance of the same; and therewith to warn all and sundry earls, lords, freeholders, heritors and feuars of land lying within the said sheriffdom, whose names shall be given in roll subscribed by any two of the said commissioners personally, or at their dwelling places, to compear before the said commissioners in the said burgh of Edinburgh the said first Tuesday of December, with continuation of days, bringing with them and exhibiting before the said commissioners all and sundry their said old retours and infeftments of their said lands within the said sheriffdom, to be seen and considered by the said commissioners to the effect aforesaid. With certification to such as compears not before the said commissioners at the said day and place and produce not their old retours and infeftments upon their oath solemnly given that they had no other but such as they shall produce at the said day, that the rolls to be made and set down by the said commissioners shall be accepted and allowed of as just and perfect tax rolls of the same sheriffdom and be determined to be registered in his majesty's register and never to be impugned nor quarrelled hereafter, but the same to stand in full force and affect, notwithstanding of any infeftment or retour to be produced in any judgement or court whatsoever for proving of any of the lands within the said rolls so to be set down by the said commissioners to be retoured at any lower rate than they are extended to or to lie within any other jurisdictions than they are designed to lie by the said tax rolls to be set down by the said commissioners in manner above-specified. And in the meantime, the said lords find and declare the granting of this present commission shall be no hindrance nor impediment to the collector of the taxations or his deputes to charge and compel the said sheriff of the said sheriffdom of Kincardine, present and to come, to make payment of the taxation of the lands lying within the said sheriffdom of Kincardine accordingly as they have been in use and custom of payment of the same before the granting of this present commission to the time the said commission take full effect, according to the tenor thereof above-specified.
[1621/6/48]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the evident appearance of harm to the whole lieges of this realm if coal, which is our best fuel, be lacking or be utterly exhausted within this kingdom, and specially beside the coast where the same may be easiest transported; and being willing to take some good solid order for preventing the said danger, which cannot be conveniently done unless some trial and cognition be first made and taken relating thereto, have therefore given and granted and, by the tenor hereof, give and grant full power and commission to the persons following: [...], James [Law], archbishop of Glasgow, Adam [Bellenden], bishop of Dunblane, John [Fleming], earl of Wigtown, David [Carnegie], lord Carnegie [of Kinnaird], Sir John Scrimgeour of Dudhope, knight, Alexander Lauder of Haltoun, Mungo MacCall and Sir George Bruce of Carnock, knight, to sight, view, try and consider the present estate of all and every coal pit lying within two miles to the water of Forth and coast-side thereof on both the sides of the same, if the same coal pits be costly and difficult to extract and in danger of drowning, if they be not speedily wrought and the work maintained by foreign sale, or if the same may be easily wrought with reasonable charges and have a competent sale in the country about and towards Leith and all the coast about, whereby it may be the more perfectly known if the restraint of exporting of coal be necessary or not. And ordain the said commissioners to meet in the town of Edinburgh upon the first Tuesday of April, and there set down and appoint their times of visitation and all other things requisite and expedient for furtherance of that which is hereby committed to their charge. And as they try and find the estate of the said pits and what is most necessary to be done relating thereto, ordain them to report their proceeding in writing in presence of the lords of council upon the first council day in the month of June thereafter, to the effect the same may be recorded in the books of council and at the first occasion of another parliament be offered to the consideration of the estates, that they may take such order relating thereto as the matter itself shall be found to require.
[1621/6/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that there are sundry benefices pertaining of old to abbots, priors and nuns dissolved and erected to sundry persons in this present parliament by his majesty, with advice of the said estates, in lordships and baronies; and also that the patronages of the kirks pertaining to the said abbacies, priories and nunneries are given and annexed to the same lordships and baronies to the aforesaid persons; as also that there are diverse other patronages of benefices given and conveyed by his majesty, with advice aforesaid, in this present parliament, to sundry particular persons; and our said sovereign lord and estates aforesaid, being most willing that there be a yearly duty contained in every one of the said erections which shall be paid yearly to his highness and his successors, and also being willing that the ministers serving or that hereafter shall serve at the kirks of every parsonage or vicarage whereof the patronages are now conveyed in this present parliament to whatsoever person, either in their erections or otherwise, be provided of sufficient stipends, and that the whole kirks be planted with sufficient ministers to serve the cure at each kirk, so many of them as are yet unplanted, therefore, and that the premise may be performed, our said sovereign lord and estates aforesaid have given and granted and, by this present act, give and grant full power and commission to Alexander [Seton], earl of Dunfermline, chancellor of this realm, John [Erskine], earl of Mar, great treasurer of this realm, George [Seton], earl of Winton, Robert [Kerr], earl of Lothian, Thomas [Hamilton], earl of Melrose, John [Maitland], viscount of Lauderdale, David [Carnegie], lord Carnegie [of Kinnaird], Sir George Hay of Kinfauns, knight, clerk register, and Sir William Oliphant of Newton, knight, advocate to our sovereign lord, or any five of them, to modify, decree and declare the yearly duty to be contained in every one of the aforesaid erections to be paid yearly to our said sovereign lord and to his majesty's successors, and the same duty to be inserted by the clerk register and his deputes in every act of erection granted in this present parliament. And the said estates declare that the yearly duties to be modified, determined and declared by the said persons in manner aforesaid by virtue of this present commission shall be as valid, effectual and sufficient in the self as if the same yearly duties had been modified, determined and declared by the said whole estates and had been presently inserted and contained in every one of their erections. And also, our said sovereign lord and estates aforesaid have given and granted, likewise by the tenor of this present act give and grant full power and commission to John [Spottiswood], archbishop of St Andrews, James [Law], archbishop of Glasgow, Patrick [Forbes], bishop of Aberdeen, Adam [Bellenden], bishop of Dunblane, Andrew [Lamb], bishop of Galloway, John [Abernethy], bishop of Caithness, the said Alexander, earl of Dunfermline, chancellor, John, earl of Mar, treasurer, Robert, earl of Lothian, Robert [Ker], earl of Roxburghe, John, viscount of Lauderdale, and David, lord Carnegie, or any three of the said bishops and any three of the said earls and lords, to modify, decree and declare to every minister serving or that hereafter shall serve the cure at every kirk their yearly stipends in all time coming, by their manse and glebe of all their kirks whereof the patronages are conveyed by our said sovereign lord in this present parliament in the erections of temporal lordships and baronies or otherwise whatsoever, to the effect that the whole kirks, both already planted or as yet unplanted, may be provided to sufficient stipends in all time coming; and that every kirk may be provided of a minister to serve the cure at each kirk, and that they have sufficient and competent stipends, at the least 500 merks money of this realm or five chalders of victual provided to every one of them to serve the cure in all time coming as said is; providing nevertheless that if the present standing stipends at any of the said kirks be above 500 merks or five chalders of victual, that the same stipends shall in no way be diminished, but to stand in the same estate as they are presently. And it is hereby declared that it shall be permissible to any person or persons of their own goodwill and pleasure to augment and increase the stipends now to be modified by virtue of this present commission. And our said sovereign lord and estates aforesaid discharge the clerk register and his deputes of all booking and extracting of any acts of the said erections or any other act of this present parliament wherein the patronages of the benefices are conveyed; and also discharges the keepers of the registers and seals to complete any of these said infeftments to the time that our said sovereign lord's yearly duty and the ministers' sufficient and competent stipends be first modified, determined and declared by the persons aforesaid according to the tenor of this present act of commission in all points.
[1621/6/50]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that by act of parliament held in the month of June 1617, his majesty, with advice and consent of the estates of the said parliament, gave full power to certain commissioners mentioned therein, or to any eight of them, to meet and convene together at such times and place as they should think expedient and to consult, advise, appoint and determine upon most convenient means how there should be a just measure and weight throughout all the parts of this kingdom universally to serve all his highness's lieges, by the which they should buy, sell, receive and give out in all time thereafter; which measure his majesty, with advice aforesaid, found should be that measure of Linlithgow, which was then and is now commonly used, and which has been used most customably throughout the greatest part of this kingdom 50 or 60 years past; and for settling of perfect order whereby all the measures that are now used may be reduced to the conformity of the said measure, and for making of proportion answerable between lesser measures and the greatest, as the said act at length bears. According to the which act the commissioners mentioned therein appointed by his highness and estates aforesaid, having met and convened within the burgh of Edinburgh, and the said measure and firlot of Linlithgow with the gauge, which is the warrant thereof, being exhibited and produced before them, and having seen, considered and met the same, they, after good advice and deliberation had by them relating thereto, found the same measure and firlot to contain 21 pints and one mutchkin of just Stirling jug and measure, and declared, statute and ordained the same firlot to be the just and only firlot which should be used by all his majesty's lieges in all time thereafter for measuring of wheat, rye, beans, peas, meal, white salt and such other stuff and victual as has been in use to be measured by strake met† within this kingdom, as the act, statute and ordinance made thereupon by the said commissioners of the date 19 February 1618 more fully purports. And in respect there is a great abuse and contempt both by those persons who have embraced and obeyed the said acts and statutes in enlarging of the measure more than is prescribed in the act, as by those who will not obey and acknowledge the same, being solidly concluded, set down and determined by the said commissioners after good trial and deliberation, which is to the great hurt and harm of the gentlemen and labourers of the ground within this kingdom; for remedy of the which contempt and disobedience, his majesty, with advice and consent of the estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies, approves and confirms the acts and statutes respectively above-mentioned in the whole heads and conditions of the same after the forms and tenors thereof, and commands and charges all his majesty's lieges and subjects to acknowledge, embrace, obey and observe the same acts and statutes respectively in the whole heads and conditions of the same in form and manner specially and particularly mentioned and set down therein, after the forms and tenors thereof under all highest pain, charge and offence which they may incur and result through their disobedience and as they will be answerable relating thereto.
[1621/6/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that for the better effectuating of the commendable purpose intended by the town of Edinburgh of bringing in water from a distance to their said town, it will be necessary for the convoying of the said water that furrows and ditches be dug in the lands and heritage pertaining to their neighbour gentlemen, for the which of all equity there ought some recompense to be made to the said heritor, therefore, and for better order to be taken herein, our said sovereign lord and estates aforesaid have remitted the said matter and consideration thereof to the lords of his majesty's privy council and, by the tenor hereof, give and grant full power and commission to the said lords of privy council to determine and appoint what particular recompense shall be given by the said town of Edinburgh to such heritors of lands through which the water may be convoyed as said is, whose decreet and determination to be given hereupon shall have the full force, strength and authority of an act of parliament until the holding of the next parliament and further until the same decreet be discharged.
[1621/6/52]*[print] [email] [cite] [preceding] [following]
Three references should be here are not and behind, namely, a reference to the secret council regarding the Clangregor, a reference to the secret council regarding the taxation of the sheriffdom of Linlithgow, a reference to the secret council regarding the professors of medicine.
[1621/6/53]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by the late James IV, by the grace of God, king of Scots, under the great seal to the late James [Hamilton], lord Hamilton, great-grandfather to his highness's right trusty cousin and councillor James, marquis of Hamilton, earl of Arran and Cambridge, lord Aven and Innerdale etc., of the lands and earldom of Arran lying within the sheriffdom of Bute, with tenants, tenancies, service of free tenants, advocation and donation of kirks and chaplainries thereof, castles, fortalices, mills, fishings and all their pertinents belonging to the said lands and earldom, to be held of the said late James IV, by the grace of God, king of Scots, and his successors in fee heritage and free barony for ever, for the yearly payment of a silver penny at the feast of Whitsunday [May/June] in name of blench ferm, if it were asked, of the date 11 August 1503; and also the infeftment made and granted by our said sovereign lord, with advice and consent of Charles, prince of Scotland and Wales, duke of Rothesay and Albany and of Cornwall and York, and stewart of Scotland, and also by the said Charles, prince and stewart of Scotland, for himself and for all right and title which he had, has or may pretend in and to the lands and others above and after-specified, with advice and consent of our said sovereign lord, his dearest father and lawful administrator for his interest, and by them both with one consent and assent, and likewise with consent of John [Erskine], earl of Mar, lord Erskine and Garioch etc., high treasurer, comptroller, collector and treasurer of his highness's new augmentations of the said kingdom of Scotland, and of the remaining lords of his highness's privy council, his majesty's commissioners, and of the lords of the prince his highness's council, commissioners nominated by his highness, with advice of his said dearest father, for administration of the prince his highness's affairs within the said kingdom of Scotland under their great seals, infeftments made to the said James, marquis of Hamilton, the late James [Hamilton], earl of Arran, his uncle, and the late James [Hamilton], duke of Chatelherault, earl of Arran, his grandfather, who was son and heir to the said late James, lord Hamilton, of the lands and earldom above-written, with the retours and precepts of sasine whereupon the same proceeded, and a new gift and disposition to the said James, marquis of Hamilton, his male heirs and assignees whatsoever of the lands and earldom above-specified proceeding upon his own resignation, with the precepts and instruments of sasine respectively following upon the said two infeftments, in all and sundry heads, articles, clauses and conditions therein contained after the forms and tenors thereof, and statute and ordain this present ratification to be as valid, effectual and sufficient in all respects as if the infeftments respectively above-specified, precepts and instruments of sasine following thereupon were at length and word by word inserted herein. And further, our said sovereign lord and estates aforesaid, for the good, true and thankful service done to his majesty and his highness's most noble progenitors by the said James, marquis of Hamilton and his predecessors, which service his majesty and estates aforesaid have tried and found to have been very profitable to his majesty and to this realm and lieges thereof and worthy of remuneration, therefore his majesty and estates aforesaid have dissolved and dissolve the aforesaid lands and earldom of Arran with tenants, tenancies, service of free tenants, advocation and donation of kirks and chaplainries thereof, castles, fortalices, mills, fishings and all their pertinents belonging to the said lands and earldom from his majesty's crown and patrimony thereof, and from the principality and from all acts of annexation made by his majesty or his highness's predecessors whereby the lands and others aforesaid, or any part thereof, were annexed to his majesty's crown, or to the principality, to the effect that his majesty may give, grant and convey the same to the said James, marquis of Hamilton, his male heirs and assignees aforesaid heritable, together with all right, title, interest and claim of right which his majesty, his highness's predecessors or successors had, have or may in any way have or claim thereto, or any part thereof in time coming, to be held of his majesty and his successors in free blench for payment of one penny at the principal messuage of the said earldom at the feast of Whitsunday in name of blench ferm, if it be asked only. And also, his majesty and estates of this present parliament ratify, approve and perpetually confirm the infeftment made and granted by his majesty under his highness's great seal to the said late James, earl of Arran, uncle to the said James, marquis of Hamilton, and his male heirs therein contained, of all and sundry the lands and barony of Hamilton, with the castle, fortalice, corn mills, waulk mills, annexes, connexes, parts, pendicles, outsets, tenants, tenancies, service of free tenants, advocation and donation of kirks and chaplainries, woods, forests and parks of the same, lying within the sheriffdom of Lanark, and of all and sundry the lands and barony of Machanshire, with towers, fortalices, fishings, tenants, tenancies, service of free tenants thereof and all their pertinents lying as said is, with the advocation, donation and right of patronage of the deanery of Glasgow, called the parsonage of the kirks of Hamilton and Dalserf, of the date at Hamilton, 24 June 1589, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and conditions therein contained after the form and tenor thereof; and statute and ordain this present ratification to be as valid, effectual and sufficient in all respects as if the infeftment above-written, precept and instrument of sasine following thereupon were at length and word by word inserted herein. And also his majesty and estates aforesaid have excepted and, by this ratification, except the rights and infeftments made and granted by his majesty and his highness's most noble progenitors to the said James, marquis of Hamilton and his predecessors above-nominated of the advocation, donation and right of patronage of the said deanery of Glasgow, called the parsonage of Hamilton and Dalserf, and of the remaining kirks and chaplainries above-mentioned from the act of parliament made in the month of June 1593, entitled 'Regarding infeftments given by his majesty with new right of patronage', and declare the said act of parliament in no way to be extended to the infeftments, rights and titles made by his majesty and his highness's most noble progenitors to the said James, marquis of Hamilton and his predecessors above-specified of the said deanery of Glasgow, called the parsonage of Hamilton and Dalserf, and of the remaining kirks and chaplainries above-mentioned and right of patronage thereof at any time bygone preceding the date of this ratification, and that the said infeftments and rights made and granted by his majesty and his predecessors to the said James, marquis of Hamilton and his antecessors above-nominated of the said deanery of Glasgow, kirks and chaplainries above-mentioned, and right of patronage thereof above-written, are and shall be as valid, effectual and sufficient in all respects as if the same had been made and granted by his majesty and his predecessors with consent of the titulars thereof for the time, and as if the same had been specially and expressly excepted out of and from the aforesaid act of parliament made in the said month of June 1593, concerning which his majesty and estates aforesaid dispense for ever.
[1621/6/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the acts and statutes made of before regarding the uniting of the provostry of Kirkheugh, place and lands pertaining thereto, with all their pertinents, to the archbishopric of St Andrews, in the whole heads and articles thereof, and will that the same shall stand united and annexed thereto in all time coming, and to that effect have dissolved and dissolve the whole lands, baronies, mills, fishings and others pertaining to the said provostry from the act of annexation made in the year 1587, and from all acts made of before or since which his majesty annuls in so far as the same may be extended to the said lands, baronies and others aforesaid; and also of new unite and annex the said provostry with the place thereof, whole lands, baronies, mills, fishings and others pertaining thereto to the said archbishopric of St Andrews, to remain therewith inseparable in all time coming as a proper part of the patrimony of the same, excepting always out of this present act the kirk of Ceres, parsonage and vicarage thereof, which is separated and dismembered from the said provostry and which is erected in a several benefice, whereof the advocation, donation and right of patronage is conveyed by his majesty in favour of the late Robert [Lindsay], lord Lindsay, his male heirs and assignees, according to his rights and infeftments made to him thereupon, which his majesty and estates ratify and approve and declare shall in no way be comprehended in this present act, but altogether excepted therefrom, with reservation of the kirks of Strathbrock, Arbuthnott, Dysart, Benholm, Fetteresso.
[1621/6/55]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the two infeftments respectively after-specified: the one thereof made and granted by his majesty under his highness's great seal to his highness's right trusty cousin and councillor William, earl of Angus, lord Douglas and Abernethy, in liferent for all the days of his lifetime and his highness's right trusty cousin Archibald [Douglas], lord Douglas, master of Angus, his eldest lawful son, his male heirs and of tailzie therein contained, of all and whole the lands and barony of Wandel, with the annexes, connexes, outsets, parts, pendicles and pertinents, tenants, tenancies and service of free tenants, mills, mill lands, woods, fishings, advocation, donations and right of patronage of the kirks, benefices and chaplainries thereof, and all their pertinents, lying within the sheriffdom of Lanark, containing a new gift with supplement of all faults and imperfections to be held of our said sovereign lord and his successors in free blench, fee and heritage for ever, for the yearly payment of one penny usual money of this realm of Scotland upon the ground of the said lands at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked, of the date at Theobalds, 16 September 1617; and the other of the said infeftments made and granted by his majesty under his highness's great seal to the said William, earl of Angus, his male heirs, successors and assignees whatsoever heritably, of all and whole the lands of Millmoor, with the pertinents, being proper part and pertinent of the lordship of Douglas lying within the said sheriffdom of Lanark, and also of all and sundry the teind sheaves of the town, lands, territory and bounds of the burgh of Lanark, called the inteinds† of the said burgh of Lanark, with the pertinents of the same whatsoever lying within the parish and sheriffdom of Lanark aforesaid, containing a new gift with supplement of all faults and imperfections to be held of his majesty and his successors in free blench for payment of the blench duty therein contained, of the date at Holyroodhouse, 7 March 1620, with the precepts and instruments of sasine following thereupon, in all and sundry points, heads, articles, clauses and conditions therein contained after the forms and tenors thereof. Likewise his majesty and estates aforesaid statute and ordain that this present ratification and confirmation of the said infeftments, precepts and instruments of sasine following thereupon is and shall be as valid, effectual and sufficient in all respects as if the said infeftments, precepts and instruments of sasine following thereupon were at length and word by word inserted and engrossed in this present act.
[1621/6/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of parliament, having consideration of the causes and crimes for the which the late John [Maxwell], lord Maxwell was forfeited, and that the sentence of forfeiture was not pronounced against him for crimes committed against his majesty's sacred person nor estate of the country (which justly might have closed up the doors of his majesty's favour to the said Lord Maxwell's posterity), and therewith having good proof and experience of the dutiful behaviour, loyalty and affection carried towards his highness and good estate of the country by his majesty's well-beloved cousin and trusty councillor Robert, earl of Nithsdale, lord Carlisle and Eskdale, brother-german to the said late Lord Maxwell, and that his majesty has already by his letters patent under his great seal restored and reintegrated the said Robert, earl of Nithsdale (therein styled Robert Maxwell and Robert, lord Maxwell) to the whole lands, rents, teinds, living, honours, offices and dignities of old belonging to the house of Maxwell, therefore his majesty, with advice and consent of the estates of parliament, ratifies, approves and confirms the three letters patent granted by his majesty under the great seal regarding the restoring of the said earl to his lands, living, teinds, honours, offices and dignities belonging to his predecessors, one thereof dated at Royston, 5 October 1618, the second dated at Newmarket, 13 March 1619, and the third dated at Farnham, 29 August 1620, in every head, article, clause and condition thereof, also and in the same manner as if the said letters patent were inserted herein. Likewise, by the tenor of this present statute, his majesty and the estates of this realm rescind, reduce, cass, retreat and annul the aforesaid sentence and doom of forfeiture led and deduced against the said late John, lord Maxwell in his majesty's parliament held at Edinburgh, the [...] day of [...] 16[...], and find and declare the same to have been from the beginning, to be now and in all time coming of no value, force, strength nor effect with all that has followed or that may follow thereupon, and restore the said earl, his heirs and successors against the same and to all lands, rents, teinds, possessions, honours, offices, dignities and others whatsoever which pertained to the said earl, his predecessors and wherein they were in possession before the said forfeiture also and in the same manner as if the said doom of forfeiture had never been pronounced; and also declare this act to be as effectual to the said Earl of Nithsdale, his heirs and successors for holding, enjoying and possessing of their said lands, teinds, living, possessions, honours, offices and dignities as if the same sentence and doom of forfeiture had been reduced and taken away by way of ordinary action of reduction, concerning which his majesty and estates dispense. And also will and declare this present statute be as effectual for repossessing of him and his foresaids to their said lands, rents, teinds, possessions, honours, offices and dignities as if every particular were inserted herein, and also notwithstanding of any bond, act, statute or constitution made in the contrary, which his majesty and estates aforesaid annul in so far as the same may be prejudicial to this act. And for their better repossessing therein, ordain letters of horning to be directed hereon on a simple charge of 10 days against all and whatsoever persons now possessors of the said lands, rents, teinds, possessions, offices, honours and dignities for repossessing of the said earl and his foresaids therein and to the mails and duties thereof, and that summarily without any further process or action of law, excepting out of hereof the lands conveyed by his majesty by virtue of the said forfeiture to William [Cranston], lord Cranston, Sir John Cranston, his son, Sir Gideon Murray, Sir Patrick Murray, his son, and the lands conveyed to Sir Thomas Penruddocke and to James Maxwell contained in the charter granted to him, dated at Greenwich, 28 June 1621, only, for their good service, which are declared in no way to come under the compass of this present act, nor no former act nor statute, but to remain and be possessed by them and others having their right according to the securities made to them thereupon, and with the whole privileges competent to donators of forfeited lands by the laws and acts of parliament of this realm, to the which this present act annulling the said forfeiture shall make no derogation.
[1621/6/57]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the town of Kirkliston is and has been these many years bygone the head burgh of the lordship and regality of St Andrews upon the south side of the water of Forth, and that George, earl of Winton, lord Seton and his predecessors are and have been these many years past heritable bailies and justiciaries of the said regality to the archbishops of St Andrews and their predecessors, and also heritable feuars to them of the said town and lands of Kirkliston, with the pertinents, therefore our said sovereign lord and estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve the said town of Kirkliston in head burgh of the said lordship and regality of St Andrews upon the said south side of the said water of Forth, with all charters, infeftments, rights and titles made to the said George, earl of Winton and his predecessors by the said [John Spottiswood], archbishop of St Andrews and his predecessors, both of the said office of bailiary and justiciary of the said regality of St Andrews on the south side of the said water of Forth, and also of the said barony of Kirkliston. And also, his majesty and estates aforesaid declare the said burgh of Kirkliston to have been and to be in all time coming the head burgh of the said regality of St Andrews upon the said south side of the said water of Forth, and of new make, constitute, create and erect the said town of Kirkliston, with all and sundry houses, buildings, yards, tofts and crofts lying within the bounds of the said lands of Kirkliston in a whole and free burgh of regality, to be called now and in all time coming the burgh of Kirkliston, and give and convey to the said burgh of Kirkliston the whole privileges, liberties and immunities pertaining to a head burgh of regality; and statute and ordain the same burgh of Kirkliston to remain in all time coming the head burgh of the said lordship and regality of St Andrews upon the said south side of the said water of Forth and of the whole lands pertaining to the bishopric of St Andrews in property or tenancy lying upon the said south side of the said water of Forth. And also, his majesty and estates aforesaid give and convey to the said burgh of Kirkliston and to the heritable feuars thereof, present and to come, full power and liberty to build, have and hold within the said burgh a tolbooth, a market cross and a weekly market upon Friday and two free fairs yearly, the one thereof to begin yearly upon 20 July, called St Margaret's Day, and the other of the said free fairs to begin yearly upon 28 October, called Simon and Jude, and either of the said fairs to continue and endure for the space of eight days; with full power to them to intromit with, uplift, collect and apply to their own use the tolls, customs, great and small, of the said burgh and of the weekly market and yearly free fairs thereof above-specified.
[1621/6/58]*[print] [email] [cite] [preceding] [following]
Master Thomas Nicolson, elder, advocate, procurator for John Murray of Lochmaben, groom of his majesty's bed chamber, protested that whatsoever certification is granted to [George Seton], earl of Winton of the bailiary and justiciary of the lands lying south of the Forth, pertaining to the archbishopric of St Andrews, that the same shall in no way prejudice the said John and his infeftment he has of [John Spottiswood], archbishop of St Andrews of the heritable bailiary of the lordship of Tyninghame and fees and casualties thereof.
[1621/6/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that by a special act made in his highness's parliament held at Perth in the month of July 1606, and for the causes therein specified, his majesty and estates of the said parliament dissolved the lands and rents of the temporality of the abbacy of Jedburgh and cell or priory of Canonbie annexed thereto from the acts of annexation thereof to his majesty's crown and from all other acts of annexation thereof whatsoever, to the effect the same might be conveyed heritably to the late Alexander [Home], earl of Home, lord Dunglass, his male heirs and assignees therein specified, as in the said act of parliament at more length is contained; likewise the said late Alexander, earl of Home, being lawfully provided to the spirituality of the said benefices with the kirks, teinds and others pertaining thereto, made due and lawful resignation and demission of the same in the hands of his majesty, to the effect that his majesty might give, grant and convey the same to the said late Alexander, earl of Home, his male heirs and assignees heritably, as the provision made to the said late Alexander, earl of Home of the spirituality of the said benefices, procuratory of demission of the same made by him and an instrument of demission following thereupon at more length purport. Upon the which act of parliament and demission, the said late Alexander, earl of Home was duly and heritably infeft and seised in the whole lands, teinds and others which pertained of old to the said benefices, temporality and spirituality thereof, by virtue and according to a charter made and granted by his majesty under his highness's great seal to the said late Alexander, earl of Home relating thereto, of the date 20 March 1610, as the same charter, precept and instrument of sasine following thereupon at more length bear. Therefore, and for the good, true and thankful service done to his majesty and his highness's most noble progenitors by the said late Earl of Home and his predecessors in time bygone, tending to the contentment of his majesty, tranquillity and peace of this realm and well of the lieges thereof, our said sovereign lord and estates of this present parliament ratify and approve the aforesaid act of dissolution of the lands and others which pertained of old to the temporality of the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, the aforesaid procuratory of demission made by the aforesaid late Alexander, earl of Home of the spirituality of the said benefices and instrument of resignation and demission following thereupon, the aforesaid charter made and granted by his majesty to the said late Earl of Home of the date above-written, with the precept and instrument of sasine following upon the same, in all points, articles and clauses therein contained, with all that has followed or may follow thereupon in so far only as the same concerns or may be extended to the lands, teinds and others which pertained of old to the said benefices of the abbacy of Jedburgh and cell or priory of Canonbie annexed thereto and no further; declaring this present general ratification to be as valid, effectual and sufficient in all respects as if the act of parliament, charter and other evidents above-specified were at length inserted herein, regarding the not inserting whereof his majesty and estates aforesaid, by this ratification, dispense for ever. And further, our said sovereign lord and estates of this present parliament, understanding that Sir David Home of Wedderburn, knight, being lawfully provided to the spirituality of the said benefices of the abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, with consent of the convent thereof, has made a lawful resignation and demission thereof in the hands of his majesty, or if the lords of his highness's secret council of the kingdom of Scotland, having his majesty's full power and commission to receive resignations and demissions in his majesty's name to the effect that his majesty may give, grant and convey to his majesty's right trusty cousin James, now earl of Home, his male heirs and assignees whatsoever heritably all and whole the abbacy places, cloisters, houses, buildings, yards, orchards and all others lying within the precincts of the said abbacy of Jedburgh and cell or priory of Canonbie, and also all and sundry the teind sheaves and other teinds, fruits, rents, profits, emoluments and duties pertaining and belonging thereto so far as concerns the spirituality thereof, as the provision made to the said Sir David Home to the spirituality of the said benefices, procuratory of demission of the same made by him with consent aforesaid and instrument of demission following thereupon at more length purport, therefore our said sovereign lord and estates of this present parliament have of new dissolved and, by the tenor hereof, of new dissolve all and sundry the lands, baronies, castles, towers, fortalices, manor place, houses, buildings, yards, orchards, dovecots, mills, multures, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, feu ferms, annexes, connexes, dependencies, parts, pendicles and pertinents whatsoever pertaining and belonging of old to the temporality of the said abbacy of Jedburgh and cell of Canonbie annexed thereto from the said act of annexation made upon 29 July 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown; and also have of new dissolved and, by this ratification, of new dissolve the said abbey places, cloisters, houses, buildings, yards, orchards and all others lying within the precincts of the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, and also all and sundry the teind sheaves, other teinds, fruits, rents, profits, emoluments and duties, as well of the parsonage as vicarage, of all and sundry the parish kirks after-specified pertaining to the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, namely: all and sundry the teind sheaves and other teinds, parsonage and vicarage, of the kirks of Jedburgh, Eckford, Hounam, Oxnam, Hobkirk, Nisbet, Crailing, Spittal and Castleton, which are kirks of the said abbacy of Jedburgh lying within the sheriffdom of Roxburgh, and all and sundry the teind sheaves and other teinds, parsonage and vicarage, of the kirks of Wauchope and Canonbie, which are kirks of the said cell or priory of Canonbie lying within the sheriffdom of Dumfries, from the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto and from the benefices thereof, whereunto the same pertained of old as the spirituality thereof, to the effect that his majesty may give, grant and convey to the said James, earl of Home, his male heirs and assignees whatsoever heritably all and sundry the lands, baronies, castles, towers, fortalices, manor places, houses, buildings, yards, orchards, dovecots, mills, multures, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, feu ferms, annexes, connexes, dependencies, parts, pendicles and pertinents whatsoever pertaining and belonging of old to the temporality of the said abbacy of Jedburgh and cell of Canonbie annexed thereto, together with all and whole the aforesaid abbey places, cloisters, houses, buildings, yards, orchards and all others lying within the precincts of the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto, and also with all and sundry the aforesaid teind sheaves, other teinds, fruits, rents, profits, emoluments and duties, as well of the parsonage as vicarage, of all and sundry the parish kirks above-specified pertaining to the said abbey of Jedburgh and cell or priory of Canonbie annexed thereto, together with all right, title, interest and claim of right which his majesty, his predecessors or successors had, has or in any way may have or claim thereto, or any part thereof in time coming, and also to the effect that the same may be erected, united and incorporated in a whole and free barony, to be called now and in all time coming the barony of Jedburgh. Moreover, his majesty and estates aforesaid, according to the tenor of the aforesaid anterior infeftment granted to the said late Alexander, earl of Home and of the act of parliament whereupon the same proceeded, ordain sufficient and qualified persons to be nominated and presented by his majesty and his successors to serve the cure at the said kirks and that they, for their stipends and honest sustentation, shall have thankfully paid to them by the said James, earl of Home and his foresaids the yearly stipends underwritten, namely, the minister serving the cure at the said kirk of Edinburgh for the time shall have and receive yearly for his sustentation eight chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole vicarage, manse and glebe of the said kirk; the minister serving the cure at the said kirk of Eckford for the time shall have and receive yearly for his sustentation five chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole manse and glebe [...] vicarage of the said kirk; the minister serving the cure at the kirk of Hounam for the time shall have and receive yearly for his sustentation three chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole vicarage, manse and glebe of the same kirk; the minister serving the cure at the said kirk of Oxnam for the time shall have and receive yearly for his sustentation three chalders of victual, half barley, half oatmeal, good and sufficient merchandise with the whole vicarages of the said kirk of Oxnam and of the kirk of Prenderleith, together with the manse and glebe of the said kirk of Oxnam; the minister serving the cure at the said kirk of Hobkirk for the time shall have and receive yearly for his sustentation three chalders of victual, half barley, half oatmeal, good and sufficient merchandise, together with the vicarage, manse and glebe of the said kirk; the minister serving the cure at the said kirks of Nisbet, Crailing and Spittal, united by his majesty's commissioners, shall have and receive yearly for his sustentation four chalders of victual, half barley, half oatmeal, good and sufficient merchandise, together with the whole vicarages of the said kirks and with the manse and glebe of the said kirk of Nisbet; the minister serving the cure at the said kirk of Castleton for the time shall have and receive yearly for his sustentation the sum of 700 merks usual money of the said realm of Scotland; the minister serving the cure at the said kirks of Wauchope and Canonbie, united together by the said lords commissioners, shall have and receive yearly for his sustentation for serving the cure at the said kirks the sum of 500 merks money above-written. And likewise to the effect that the said abbacy of Jedburgh and cell or priory of Canonbie annexed thereto may be suppressed and extinguished perpetually in all time coming, and that no person nor persons be provided thereto in no time hereafter, renouncing and discharging all right and title which his majesty or his successors had, has or may pretend in and to the monks' portions, thirds, first year's fruits and fifth penny of the said benefices by whatsoever rights, acts of parliament or laws of this realm, discharging his highness's collectors present and to come of all uplifting of the same, revoking, discharging and annulling all pensions conveyed out of the thirds of the said abbacy and cell thereof above-written in any time bygone, and declaring the same to be null in all time coming; ordaining the abbey place of Jedburgh to be the principal messuage of the said barony for taking of sasine thereat in all time hereafter, and that the same sasines to be taken thereat shall stand and be sufficient sasines for the abbey places, teinds and others above-specified, with the pertinents and for every part thereof, without any other special or particular sasine to be taken at any other part or place thereof, notwithstanding that the same lies not contiguous together but within several sheriffdoms and jurisdictions, to be held of our said sovereign lord and his successors in free blench, fee heritage and free barony for ever; paying thereof yearly the said James, earl of Home, his male heirs and assignees aforesaid to our said sovereign lord and his successors the sum of 200 merks usual money of the said realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm, and also paying to the ministers present and to come serving the cures at the kirks above-mentioned the yearly stipends above-specified, each one of them for their own parts as is divided before; and also relieving the said ministers of all taxations and impositions imposed and to be imposed upon the said kirks, and of the reparation thereof, and of the furnishing of the elements of bread and wine to the celebration of the communion within the same kirks in all time coming only. With declaration that it in no way extends to the priory of Restenneth nor to the right which Thomas [Hamilton], earl of Melrose has to the kirk, lands and teinds of the parish of Dalmeny, and with special provision that hereby the said lands are not erected in a temporal lordship.
[1621/6/60]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, for good respects and considerations, by this act ratifies and approves the charter and infeftment made and granted by his highness, with advice and consent of the lords his highness's commissioners of this kingdom under the great seal thereof, to his right trusty cousin and councillor Robert [Kerr], earl of Lothian, lord Kerr of Newbattle and Moorfoot, his heirs and assignees specified therein, of all and whole the lordship of Newbattle of the date 29 March last, in all and sundry the heads, points, clauses and conditions contained in the said infeftment after the form and tenor thereof, with all and sundry other infeftments made and granted by his highness of the said lordship of Newbattle to the said Robert, earl of Lothian and the late Mark [Kerr], earl of Lothian, his father, and their heirs of whatsoever dates, tenors or contents the same be of or bear, with the whole rights whereupon the same proceeded, with all that has followed thereupon; and wills, grants and declares that this present ratification thereof in general shall be as sufficient and effectual as if the same and every one of them were herein specially expressed, ratified and approved.
[1621/6/61]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of parliament made upon 11 August 1607, whereby his majesty and estates of parliament have dissolved the whole lands, baronies and other rents of the temporality of the abbacy of Kelso and cell of Lesmahagow, together with the whole kirks and teinds pertaining to the said abbacy of Kelso and cell of Lesmahagow, from the said abbacy and from his majesty's crown (except certain lands, kirks and teinds pertaining to Alexander [Home], earl of Home and Sir John Cockburn of Ormiston, knight), to the effect the same might have been erected and conveyed in favour of his majesty's trusty cousin Robert, earl of Roxburghe, his male heirs and successors, as at more length is contained in the said act of the date aforesaid; together with the charters, infeftments, precepts and instruments of sasine following thereupon made by his majesty to the said Robert, earl of Roxburghe and his foresaids in the whole points, articles, clauses and conditions of the same. And further, his majesty and estates aforesaid have of new dissolved and, by this ratification, dissolve the aforesaid whole lands, baronies, annualrents and other temporal lands pertaining of before to the said abbacy of Kelso and cell of Lesmahagow, together with the whole kirks and teinds which pertained of before to the said abbacy of Kelso and cell of Lesmahagow, except the lands, kirks and teinds pertaining to the said Earl of Home and Sir John Cockburn of Ormiston, which are excepted out of the said former act of dissolution and infeftments following thereupon made to the said Earl of Roxburghe respectively, from his majesty's crown and patrimony thereof, and from all acts of annexation by the which the aforesaid lands, baronies, kirks, teinds and others above-specified were annexed to his majesty's crown at any time before, and to the effect his majesty may of new convey the same to the said Robert, earl of Roxburghe and his foresaids, to be held in manner and for payment of the duty contained in his said former infeftment, or otherwise at his majesty's pleasure.
[1621/6/62]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment under his majesty's great seal to his majesty's trusty cousin Thomas, earl of Kellie, viscount of Fenton, lord Dirleton, his male heirs and assignees of all and sundry the lands, mills and other lands therein contained which pertained of before to the friars predicators of Stirling and all united and erected in a tenancy called the tenancy of Royal Croft, to be held of his majesty and his successors in feu ferm for payment of certain particular feu ferm duties extending in the whole to £36 5s usual money of this realm, and doubling of the same at the entry of the heir, as in the said charter and infeftment of the date at Edinburgh, 27 June 1606 at more length is contained; together with the precept and instrument of sasine following thereupon in the whole heads, articles, clauses and conditions therein contained; and will and grant that this present ratification shall be as valid and effectual as if the said charter and infeftment, with the precept and sasine following thereupon, were inserted herein word for word. And also, his majesty and estates have dissolved and, by this ratification, dissolve the said whole friar lands, mills and others aforesaid contained in the said infeftment from his majesty's crown and from all acts of annexations made for annexing of the same thereto, to the effect the same may be of new conveyed to the said Thomas, earl of Kellie and his foresaids, to be held of his majesty and his successors in feu ferm for payment of the said feu ferm duty of £36 5s money aforesaid and doubling of the same at the entry of the heir; and ordain infeftments to pass hereupon, if need be, in the appropriate form.
[1621/6/63]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the charters and infeftments granted by his majesty under his highness's great seal to his majesty's right trusty cousin and councillor Thomas, earl of Melrose, lord Byres and Binning, president of the college of justice and secretary to our sovereign lord, and his male heirs and of tailzie specified in the said infeftments, of the lands, baronies and others after following, namely, the charter and infeftment of all and whole the lands, lordship and barony of Binning, comprehending the lands and barony of Byres, Dalmeny, Inverkeithing, the lands of Binning, Drumcross, Priestfield, with the teinds thereof included, temple lands of Drem, together with the teinds, as well parsonage as vicarage, of the kirks of Haddington and Dalmeny, with advocation, donation and right of patronage thereof, together with all other lands, mills, woods, fishings, kirks, teinds and right of patronage thereof and others annexed to the said lordship and barony of Binning, with castles, towers, fortalices, mills, woods, fishings, coals, coal pits, seaports, burghs, annualrents and all others specified and contained in the said infeftment and which are united, annexed, created and incorporated in a free lordship and barony called the lordship and barony of Binning, to be held of our said sovereign lord and his majesty's successors in manner and for the payment of the yearly duty therein expressed, as in the said infeftment of the date at Carlisle, 5 August 1617, at more length is contained. And also another charter and infeftment granted by our said sovereign lord to his majesty's said right trusty cousin and councillor Thomas, earl of Melrose and his male heirs and assignees specified and contained in his infeftment of the lordship and barony of Binning and assignees whatsoever of all and whole the lands of Samuelston, with the manor place, tower, fortalice, yards, orchards and mills of the same, advocation and donation of the chaplainry of St Nicholas of Samuelston, with all their pertinents, and of all and whole the lands of Aikers, with their pertinents, lying contiguous to the said lands of Samuelston, all lying within the constabulary of Haddington and sheriffdom of Edinburgh, to be held of our said sovereign lord and his majesty's successors in free blench for yearly payment of a white rose at the feast of Sir John the Baptist† in name of blench ferm, if the same be asked only, as the same, of the date at Whitehall, 5 January 1619, at more length bears. Together with another charter and infeftment granted by our said sovereign lord to his majesty's said right trusty cousin and councillor Thomas, earl of Melrose, his said male heirs and assignees above-specified of the said lands of Samuelston, with the manor place, tower, fortalice, yards, orchards and mills of the same, tenants, tenancies and service of free tenants thereof, with advocation, donation and right of patronage of the chaplainry of the aforesaid chapel of St Nicholas of Samuelston, and of all and whole the aforesaid lands of Aikers, with the pertinents, lying adjacent to the said lands of Samuelston, lying within the constabulary of Haddington and sheriffdom aforesaid, and of all and whole the parish kirk and parish of Athelstaneford, and whole teinds, great and small, pertaining and belonging thereto, lying within the said constabulary and sheriffdom aforesaid, all erected in a free barony called the barony of Samuelston, to be held of our said sovereign lord and his majesty's successors in free blench for yearly payment of a white rose upon the ground of the said lands of Samuelston at the feast of Sir John the Baptist in name of blench ferm, if it be asked only, which charter is of the date 6 October 1619, as the said charter more fully purports, in all and sundry heads, clauses, articles and conditions contained in the said infeftments, and each one of them with the precepts and instruments of sasine following thereupon. Likewise his majesty and estates aforesaid will, decree and declare that this present ratification is and shall be as valid and effectual to the said Thomas, earl of Melrose and his foresaids in all respects as if the same charters, precepts and instruments of sasine following thereupon were at length inserted and engrossed herein at length and word for word. Moreover, our said sovereign lord, with consent of the estates aforesaid, decrees and ordains a new infeftment, if need be, to be passed and completed to and in favour of the said Thomas, earl of Melrose and his foresaids of the lands, lordships, baronies, kirks, teinds, mills, woods, fishings and others above-written contained in the said infeftments, and each one of them to be held in manner and for payment of the duty therein expressed. Likewise his majesty and estates aforesaid have dissolved and, by the tenor hereof, dissolve the said whole lands, baronies, kirks, teinds, mills, woods, fishings and others above-mentioned from whatsoever act of annexation in so far as the same or any part thereof was annexed to the crown; and also dissolve and dismember the aforesaid kirks of Haddington, which pertained of old to the priory of St Andrews, the said kirk of Dalmeny, which pertained of old to the abbacy of Jedburgh, and the said kirk of Athelstaneford, which pertained of old to the priory of Haddington, together with the whole teinds, parsonage and vicarage, of the said kirks from the said abbacies and monasteries respectively aforesaid to the which the same were annexed, to the effect the said lands, baronies, kirks, teinds and others above-mentioned may be of new conveyed by his majesty to his majesty's said right trusty cousin and councillor Thomas, earl of Melrose, to be held of his majesty and his successors in manner and for the payment of the duties particularly contained in the said infeftments. And also forasmuch as by special act and decreet given and pronounced upon 3 July 1618 by the commissioners of parliament appointed by our said sovereign lord and estates aforesaid for plantation of kirks, the modified stipend of the kirk of Haddington is declared as follows, namely, £186 13s 4d; six bolls, two firlots, two pecks of wheat; one chalder, one boll, two firlots of barley; two chalders, two bolls, two firlots, two pecks of meal; and two chalders of oats out of the parsonage teinds of the said kirk of Haddington pertaining heritably to the said Thomas, earl of Melrose, together with the vicarage teinds of the said parish kirks. And because the said vicarage teinds were of old set in tack and assedation together with the parsonage of the same to the late William Douglas of Lochleven, thereafter earl of Morton, his heirs and assignees for diverse years and spaces and for payment of a certain yearly duty of silver contained in the said tack, the right of the which tack is transferred in the person of the said Thomas, earl of Melrose by William [Douglas], now earl of Morton, grandson and heir to the said the late William, earl of Morton, his grandfather; according to the which tack, the duty of the said vicarage teinds proportionally will extend to the sum of 20 merks money only, and that by the said act of modification the said Earl of Melrose has voluntarily added and augmented to the said stipend of Haddington the sum of another 20 merks to be paid out of the said vicarage teinds, making in the whole the sum of 40 merks, together with the sum of £20 out of the fruits of the said parsonage teinds to be paid for the furnishing of the elements to the celebration of the communion; therefore and in respect thereof, the said commissioners, in recompense of the said augmentation, have added to the space and years to run of the tack produced before them by the said Thomas, earl of Melrose of the said vicarage teinds two liferents and two 19 years to be and begin at the issue of the said tack thereof then produced. Likewise also by another decreet given and pronounced by the said commissioners of parliament upon 21 January 1618, the said lords commissioners have united and annexed the kirk of Auldcathie to the said kirk of Dalmeny to be a part and pertinent of that parish in all time coming, and have modified the local stipend thereof to be in all time coming two chalders of victual, half meal, half barley, with 400 merks, whereof they ordained 100 merks to be paid yearly out of the said teinds of Auldcathie by Thomas [Hamilton], lord Binning, tacksman thereof, and the rest of the said stipend, extending to 300 merks and two chalders of victual, half meal, half barley, to be paid yearly out of the teinds of the said parish of Dalmeny by the said Thomas, earl of Melrose, patron of the said kirk and heritable proprietor of the said teinds. Therefore our said sovereign lord and estates of parliament ratify and approve the aforesaid decreets of the said lords commissioners in the whole heads, points, clauses and articles thereof, and find and declare that the stipends above-written modified to the said kirk of Haddington and to the aforesaid kirks of Dalmeny and Auldcathie now united in a kirk as said is to stand and abide as a constant local and perpetual stipend to the said kirks and ministers serving the cure at the same in all time coming, according to the said act and decreets of the commissioners of parliament above-specified. And his majesty and estates aforesaid declare that the ministers present and to come shall have no further right to the said teinds, great and small, of the said kirks or any part thereof, except only to the modified stipends contained in the said acts and decreets of the said commissioners of parliament, and that notwithstanding of whatsoever clause or provision contained in the said Thomas, earl of Melrose, his authors' and predecessors' rights and infeftments conceived and introduced in favour of the said parsonage and vicarage teinds or any part thereof.
[1621/6/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies, approves and confirms the charter and infeftment of the date at Royston, 14 February 1621, granted by our said sovereign lord to his majesty's right trusty cousin and councillor Thomas, earl of Melrose, lord Byres and Binning, president of the college of justice and secretary to our sovereign lord, and his male heirs and of tailzie specified and contained in his infeftment of the lordship and barony of Binning, and his assignees whatsoever heritably, of all and whole the lordship and barony of Melrose, comprehending all and sundry the lands, baronies, mills, woods, fishings, meadows, forests, mansions, manor places, yards, orchards, kirks, teind sheaves, other teinds, fruits, rents, emoluments, feu ferms, annualrents, kanes, customs, casualties, profits and duties whatsoever, with tenants, tenancies and service of free tenants of the same and all their pertinents which pertained of old to the abbacy and monastery of Melrose, patrimony and property thereof, as well temporality as spirituality of the same, and whereof the commendators and convent of the said abbacy have been possessors in any time bygone, wherever the same lie within his majesty's kingdom of Scotland; and namely the lands, baronies, mills, woods, fishings, tenants, annualrents and others particularly specified in the said infeftment, with all and sundry their castles, towers, fortalices, mansions, manor places, houses, buildings, yards, orchards, parks, forests, meadows, hainings,† mills, multures, woods, fishings, parts, pendicles, annexes, connexes, dependencies, tenants, tenancies and service of free tenants, with all their pertinents, which pertained of old to the abbacy and monastery of Melrose as temporality and part of the patrimony thereof; and of all and whole the tower and fortalice of Melrose called of old the monastery and abbey place of Melrose, with all and sundry houses, buildings, yards, orchards, dovecots and others lying within the precinct of the said abbacy and bounds thereof, with all their parts, pendicles and pertinents whatsoever, together with all and sundry teind sheaves, other teind fruits, rents, emoluments, profits and duties whatsoever of the kirk and parish of Melrose; and of the lands of Gateshaw, Hownam Grange, Cliftoncote, South Cote, Attonburn, Hownam Grange Mill and Brewings, as well parsonage as vicarage of the same, with all their profits and commodities whatsoever which pertained of old to the said monastery of Melrose as spirituality and part of the patrimony and property thereof; and likewise of all and whole the heritable office of bailiary of the regality of Melrose, East Teviotdale and Woginche, with all and sundry escheats, privileges, liberties and immunities pertaining and belonging thereto, excepting and reserving always as is excepted and reserved in the said infeftment, together with the burgh of Melrose erected in a free burgh of regality, together with a weekly market on Saturday and three yearly fairs, namely, the first thereof yearly upon Skir-Thursday,† the second thereof at Lammas [1 August], the third thereof at the feast of Martinmas [11 November] in winter, granted and conveyed by his majesty in favour of the said burgh and all other liberties, privileges and immunities granted in favour of the said Thomas, earl of Melrose and his foresaids, and of the aforesaid burgh of Melrose, particularly and generally specified in the said infeftment, all erected in a free lordship and barony, to be called the lordship and barony of Melrose in all time coming, to be held of our sovereign lord and his majesty's successors in free blench ferm, giving to his majesty and his successors the free service of a lord and baron in his majesty's parliament and paying yearly to our said sovereign lord the sum of 98 merks usual money of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm; which sum of 98 merks, together with the particular sums of money and duties underwritten, completes the sum of 200 merks money above-specified which is the whole blench ferm contained in the original infeftment of erection of the said lordship of Melrose granted in favour of John [Ramsay], viscount of Haddington, now earl of [Holderness], author and predecessor to the said Thomas, earl of Melrose, of the same, and that in respect there is allowed in the said blench duty of 200 merks money aforesaid the sum of £52 money aforesaid for the blench duty of the tower and fortalice called Hassendean Tower, alias Monks Tower, with the barns, yards, greens, meadows, tofts, crofts, houses, buildings and pertinents of the same, with the lands and steadings of Ringwoodfield, Cauldcleuch, North House, Braidhaugh, Crawishope, Stobs, Coitburgh, Sudanrig, Coilburne, West Coitrig, Bowanhill, Priesthaugh and Penangowishope, with their pertinents now pertaining heritably to Walter, earl of Buccleuch etc., held by him immediately of our said sovereign lord upon the resignation of the said Thomas, earl of Melrose in free blench ferm for yearly payment of the said sum of £52; and also there is allowed in the remainder of the said blench duty of the said sum of 200 merks the sum of 5 merks 3s 4d money above-written for the blench duty of the town and lands of Langshaw, with the mills, multures, sequels, knaveship, manor place and pertinents thereof and feu ferm duties of the same resigned and conveyed of before in favour of Sir Gideon Murray of Elibank, knight, his majesty's treasurer depute, to be held of our sovereign lord; and also that there is allowed in the rest of the said blench ferm duty of 200 merks money aforesaid the sum of £3 10s money above-written as the blench duty of those five merk lands called the kirk lands of Cavers conveyed and resigned of before in favour of William Douglas, fiar of Cavers, to be held also of our said sovereign lord and his majesty's successors for yearly payment of the said sum of £3 10s money aforesaid; and in like manner that there is allowed in the remainder of the said blench duty of 200 merks the sum of £9 money above-written which John [Fleming], earl of Wigtown is obliged to pay to our sovereign lord for the blench duty of the lands of Kingledores, being a part of the lordship and barony of Melrose, resigned by the said Earl of Melrose in favour of the said John, earl of Wigtown, to be held of our sovereign lord in free blench ferm for yearly payment of the sum of £9 money above-written, and so rests de claro of the said blench duty of 200 merks money above-written as the said whole blench duty of the said infeftment of erection the sum of 98 merks money above-specified, which sum of 98 merks money aforesaid the said Thomas, earl of Melrose, by virtue of his said infeftment, is obliged to pay for the said lordship and barony of Melrose, burgh of regality, office of bailiary and others above-written to our sovereign lord and his majesty's successors yearly at the feast of Whitsunday in name of blench ferm, if the same be asked only. And also the said Thomas, earl of Melrose and his foresaids paying yearly to the minister present and to come serving the cure at the said kirk of Melrose the sum of 635 merks as a part of the whole yearly stipend of £500 money aforesaid, which is the whole stipend destined and provided to the said minister of Melrose by virtue of the infeftment of erection of the said lordship and barony of Melrose granted in favour of the said John, viscount of Haddington, and that in respect by virtue of the said infeftment there is allowed and deducted off the whole stipend of £500 all and whole the sum of 115 merks, which the said Sir Gideon Murray, by virtue of his infeftment, is obliged to pay yearly to the minister serving the cure at the said kirk of Melrose as a part of the said whole yearly stipend of £500 pounds money above-written at the terms of payment used and wont. And also the said Thomas, earl of Melrose and his foresaids furnishing bread and wine as often as need be for celebration of the holy communion at the said kirk of Melrose, and exonerating and relieving the said minister and his successors of all taxations and burdens whatsoever that may be imposed upon the teinds, fruits and rents of the said kirk of Melrose, and of all repairing of the said kirk of Melrose in all time coming, as in the said charter and infeftment at more length is contained; together with the charter and infeftment of erection of the said lordship and barony of Melrose granted by his majesty in favour of the said John, viscount of Haddington, now earl of [Holderness], with a subsequent infeftment of the same lordship and barony of Melrose granted by our said sovereign lord upon the resignation of the said Viscount of Haddington to and in favour of George [Ramsay], lord Ramsay of Dalhousie, author to the said Thomas, earl of Melrose, and from whom the said Thomas, earl of Melrose, his right proceeds, with the precepts and instruments of sasine following upon the said charters and infeftments, in all and sundry heads, points, clauses, articles and conditions specified and contained in the said infeftments and each one of them. Likewise his majesty and estates aforesaid will and decree and declare that this present ratification is and shall be as valid and effectual to the said Thomas, earl of Melrose and his foresaids of the lands, lordships, baronies, kirks, teinds, mills, woods, fishings and others above-written contained in the said infeftments, and each one of them, as if the said charters, precepts and instruments of sasine following thereupon were at length inserted and engrossed herein at length and word for word. Moreover, forasmuch as the said Thomas, earl of Melrose, for his further security of the said lordship and barony of Melrose and without prejudice or derogation of his former infeftments of the same, has purchased a demission from Master John Hamilton, commendator of Melrose, for demitting of the said abbacy of Melrose and benefice thereof, with the monastery and abbey place of the same, houses, buildings, yards, orchards and others lying within the precinct of the said abbey, together with all and sundry kirks, teind sheaves, other teinds, fruits, rents, emoluments, mails, ferms, casualties, profits and duties whatsoever pertaining and belonging to the said abbacy and benefice thereof and spirituality of the same in his majesty's hands or in the hands of the lords of his majesty's secret council as commissioners appointed for receiving of resignations and demissions in his majesty's name, to the effect his majesty may dissolve and suppress the said abbacy and of new erect the same in a temporal lordship and thereafter convey the same in favour of his majesty's right trusty cousin Thomas, earl of Melrose and his male heirs and of tailzie specified and contained in his infeftment of the lordship and barony of Binning, and assignees whatsoever heritably, in due and competent form as use is; likewise there is due and lawful demission made by the said Master John Hamilton, commendator of Melrose, and his procurators in his name according thereto in manner and to the effect aforesaid, as the said procuratory and instrument of demission more fully purports, therefore his majesty and estates aforesaid have dissolved and dissolve all and whole the said abbacy of Melrose and benefice thereof, with the monastery and abbey place of the same, houses, buildings, yards, orchards and others lying within the precinct of the said abbey, together with all and sundry kirks, teind sheaves, other teinds, fruits, rents, emoluments, profits and duties whatsoever pertaining and belonging to the said abbacy and benefice thereof and spirituality of the same, together with the kirks of Melrose and all and sundry teind sheaves and other teinds, fruits, rents, revenues, profits and emoluments of the same kirk and parish of Melrose, and of the said lands of Gateshaw, Hownam Grange, Cliftoncote, South Cote, Attonburn, Hownam Grange Mill and Brewings, as well parsonage as vicarage of the same, with their profits and commodities whatsoever, and have suppressed and extinguished and, by this ratification, suppress and extinguish the said abbacy and memory thereof in all time coming. And also his majesty and estates aforesaid have dissolved and dissolve from his majesty's crown and from the act of annexation of kirk lands to his majesty's crown in his majesty's parliament held in the month of July 1587, and from all other acts and statutes made before the date hereof, all and sundry the lands, baronies, mills, woods, fishings, tenements, annualrents, castles, towers, fortalices, manor places, burgh of regality, office of bailiary of regality and others particularly and generally specified and contained in the former infeftment of the said lordship and barony of Melrose made and granted to the said Thomas, earl of Melrose, of the date at Royston, the said 14 February 1621, to the effect that his majesty may convey the same whole lands, baronies, mills, woods, fishings, office of bailiary, burgh of regality and others aforesaid, together with the said kirk of Melrose, parsonage and vicarage thereof, and other teinds above-specified, together with the said abbey place and monastery of Melrose, houses, buildings, yards, orchards and others lying within the precinct of the said abbey to and in favour of the said Thomas, earl of Melrose and his foresaids, to be held of our sovereign lord and his majesty's successors for the yearly payment of the sum of 98 merks money of Scotland in name of blench ferm, if the same be asked only, and for yearly payment to the minister of Melrose present and his successors that shall happen to be for the time the said sum of 635 merks money of this realm as his part of the said whole stipend of £500 money aforesaid destined to the said minister by virtue of the said infeftment of erection. Likewise his majesty and estates aforesaid ordain a new infeftment to be passed and completed to the said Thomas, earl of Melrose and his foresaids of all and sundry the aforesaid lands, baronies, mills, woods, fishings, kirks, teinds and others particularly and generally specified and expressed in the said Thomas, earl of Melrose's said former infeftment of the said lordship and barony of Melrose, to be held in manner and for payment of the said blench duty and others therein expressed in such due and competent form as appropriate. And also his majesty and estates aforesaid decree and declare the said Thomas, earl of Melrose and his foresaids to be free of all the rest and remainder of the said blench duty of 200 merks contained in the said first infeftment of erection of the said lordship of Melrose granted in favour of the said John, viscount of Haddington, except the said sum of 98 merks, which the said Thomas, earl of Melrose is obliged to pay by virtue of his said last infeftment, and also to be free of the remainder of the said stipend of £500 appointed for the said minister of Melrose and his successors, except only the said sum of 635 merks which the said Thomas, earl of Melrose is obliged to pay by virtue of the said last infeftment of the said lordship, and ordain the remainder of the said blench duty and stipend aforesaid to be exacted from the remaining persons above-written, their heirs and successors due in payment thereof, to whom the said lands and teinds are conveyed. And also his majesty and estates aforesaid decree and declare the said Thomas, earl of Melrose and his foresaids to be free in all time coming of all payment of all taxation to be imposed upon any lands, kirks, baronies, mills, woods, fishings and teinds pertaining of old to the said abbacy of Melrose or lordship of the same, except only in so far as the said taxations may be craved of the said Thomas, earl of Melrose and his foresaids for the said lands, kirks and teinds of the said lordship of Melrose contained in his said last infeftment of the same, which is of the date the said 14 February 1621, and no further, excepting in favour of [William Douglas], earl of Morton and [Walter Scott, earl of] Buccleuch, their infeftments of the lands of Eskdalemuir and pertinents thereof, with the teinds thereof, the lands conveyed by the said Thomas, earl of Melrose to Walter, earl of Buccleuch, of his lands of Ringwoodfield and others, and of the kirk of Hassendean and teinds, both parsonage and vicarage, of the same, the lands of Kingledores, with the pertinents conveyed by the Earl of Melrose to John, earl of Wigtown, the kirk of [...] conveyed by the said Earl of Melrose to Sir Robert Scott of Thirlestane, knight, the lands and teinds pertaining to the abbacy of Melrose wherein the late Sir Gideon Murray of Elibank was infeft held of his majesty, the lands of Kylesmuir and Barmuir with the kirk of Mauchline pertaining to [Hugh Campbell], lord Loudoun.
[1621/6/65]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, has ratified, approved and confirmed and, by the tenor of this present act, ratifies, approves and confirms the charter and infeftment made and granted by his majesty under his great seal to his highness's right trusty cousin and councillor John, viscount of Lauderdale, lord Thirlestane and Dame Isobel Seton, his spouse, and the longest liver of the two in conjunct fee, and to the male heirs lawfully procreated or to be procreated between them, which failing, to the said viscount, his male heirs to be lawfully procreated of his body, which also failing, as God forbid, to Master Robert Maitland of Auchencrieff and his male heirs lawfully procreated or to be procreated of his body, which all failing, to the said John, viscount of Lauderdale and his male heirs bearing the arms and surname of Maitland and their assignees whatsoever, of all and sundry the lands and barony of Bolton, with the manor place, orchards, yards, mills, mill lands, multures, knaveship thereof, with parts, pendicles, annexes, connexes, outsets, tenants, tenancies and service of free tenants thereof, with all and sundry their pertinents comprehending of old the particular lands underwritten, namely, all and sundry the mains of Bolton with the manor place, fortalice, yards, orchards, dovecots, mills, mill lands, with the pertinents; all and sundry the lands of Hayfurde, alias Brigand; all and sundry the lands of Walkerland; all and sundry the lands of Eaglescairnie; all and sundry the lands of Over Bolton; all and sundry the lands of Inglisfield; all and sundry the lands of Knichtknow; all and sundry the lands of Broadwoodside; all and sundry the lands of Markland; all and sundry the lands of Woodhead; all and sundry the lands of Plewlandis; all and sundry the lands of Ewingston; all and sundry the lands of Pilmuir, with all and sundry their annexes, connexes, parts, pendicles and pertinents whatsoever respectively lying within the constabulary of Haddington and sheriffdom of Edinburgh, to be held of his majesty and his successors in free blench for payment yearly of [...], which charter is of the date 14 June 1616, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and conditions thereof, with all that has followed or may follow thereupon. And his majesty and estates aforesaid will, grant and declare that this present ratification is and shall be in all time coming of as great value, strength, force and effect to the said John, viscount of Lauderdale and Dame Isobel Seton, his spouse, their male heirs and of tailzie above-written, as if the said charter, precept and instrument of sasine were at length inserted in this present act. And further, his majesty and estates aforesaid have dissolved and, by the tenor of this present act, dissolve all and sundry the said lands and barony of Bolton with the principal manor place, orchards, yards, mills, mill lands, multures, knaveship thereof, with parts, pendicles, annexes, connexes, outsets, tenants, tenancies and service of free tenants thereof, with all and sundry the pertinents comprehending the particular lands above-rehearsed, with their pendicles and pertinents lying as said is, from the act of parliament made in the month of [...] 1600, in so far as the same were annexed to the crown by the forfeiture of the late John [Ruthven], sometime earl of Gowrie, or any other way whatsoever, and from all other acts of annexation of the same to the crown for whatsoever cause, or of whatsoever dates or tenors the said acts be of, at any time bygone preceding the date hereof, to the effect the same may be conveyed by his majesty to the said John, viscount of Lauderdale, to be held blench of his majesty its manner above-specified; and ordain new infeftment to be made and granted to the said John, viscount of Lauderdale and his spouse and their male heirs and of tailzie above-specified of the same, to be held in free blench in all time coming.
[1621/6/66]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the abbacy and priory of Haddington, which consists partly of temporal lands and partly of kirks and teinds, is already for the most part conveyed to his majesty's trusty cousin and councillor John [Maitland], viscount of Lauderdale, lord Thirlestane, according to his infeftments thereof, which are ratified in parliament, and that there is no benefit, profit nor commodity to be reaped of the said priory, except only of the superiority of the lands and baronies pertaining thereto, whereof the property for the most part is established in the person of the said John, viscount of Lauderdale as said is; and also that the kirks and teinds of the said priory are conveyed or set in tack and assedation for many years, so that scarcely there is so much free as will sustain the ministers serving the cure at the said kirks; and his majesty, remembering the good, true and thankful service done to his highness by the late John [Maitland], lord Thirlestane, chancellor of this realm, father to the said John, viscount of Lauderdale, together with the continual service of the said John, viscount of Lauderdale, his son, in his attendance of the public affairs, both of session and council, which his majesty and estates find to deserve an appropriate recompense and remuneration, and because his majesty finds not for the present a proper occasion to benefit the said John, viscount of Lauderdale according to the worthiness of his service, and his majesty understanding that Master Patrick Maitland of Auchencrieff, who is lawfully provided to the said priory, is willing to demit the said priory, monastery place, kirks and others pertaining thereto in his majesty's hands, in favour of John, master of Lauderdale, eldest lawful son to the said John, viscount of Lauderdale, to the effect his majesty may erect and convey the same to the said John, master of Lauderdale and his heirs, and his majesty being most willing therewith to convey the superiority of the said whole baronies and lands pertaining of old to the said abbacy of Haddington, to the effect the same, together with the kirks and teinds pertaining thereto, may be all erected in a temporal lordship in favour of the said John, master of Lauderdale, his male heirs and assignees, and that as a testimony of his majesty's gracious favour and remembrance of the faithful services done to his highness by the said John, viscount of Lauderdale and his said late father; therefore his majesty and estates of parliament, for the causes aforesaid, have dissolved and, by the tenor of this present act, dissolve all and whole the lands, baronies and others underwritten which pertained of old to the said priory of Haddington, namely, five oxengate of land of the lordship of Haddington pertaining to the said monastery; all and sundry lands lying on both the sides of the water of Tyne, with their pertinents, in the territory of Stevenson; item, the lands of Begbie, with the pertinents; item, two oxengate of lands and seven acres with their pertinents in the territory of Pilmuir beside Begbie; item, two oxengate of land with their pertinents beside the town of Haddington; item, the lands and tenements of St Martin's Gate with the mills and other pertinents; item, 10 acres of land with the pertinents in the territory of Sagrestoun, with 12 rude of moss land in Wynningden; item, a ploughgate lying beside the kirk of Garvald with the pertinents; item, the lands and tenements of Garvald, Eastgrange, Snawdon, Fowlis, Glentarf, Carfrae, Newlands, Lesnunhoopes, which were called of old East Hopes, Newton, Groseley, Slade, with a portion of land of the territory of Baro, with mills; item, a tenement of Harvieston with the pertinents; item, two oxengate of land with the pertinents in the territory of Beinstoun and three ruids of moss land in the territory of Markle; item, a toft and a certain portion of land with the pertinents in the territory of Stenton; item, a toft and a garden with 11 acres of land in the territory of Papple, with the pertinents; item, a piece of land with the pertinents in the territory of Stoneypath; item, the land of Nunside, with the pertinents, beside Haddington; item, a merk of annualrent out of a certain field land beside Gifford Gate; item, sundry burgh tenements and rents in the burghs and towns of Haddington, Berwick, Roxburgh, Edinburgh, Inverkeithing, North Berwick, [...], Aberlady and Renfrew, with the fishing of a net there in the water of Clyde, with the pertinents; the kirk lands of Crail; the half of the fishing of the whole parish, with the lands and pertinents annexed to the chapel of St Rufus; the lands of Salchos, Newton, Pitcorthie, ford and half ruid of land of Croftrie; sundry burgh tenements and rents of the kirk of Crail; 11 acres of land of Redermen, Pittenweem with the pertinents; liberty of multures in the mill of Crail, as well teind multure as others, with common pasturage in the common of Crail and fuel in the King's Muir beside Crail; and with all and sundry other easements and pertinents pertaining to the said lands, together with the mills, corn and waulk mills, of the said lands with the teinds, parsonage and vicarage, of all and sundry the aforesaid lands and mills therein included, together with all other lands, mills, fishings, tenements, annualrents and others whatsoever which pertained of before to the said priory of Haddington as a part of the patrimony thereof and whereof the priors and prioresses of the said priory were in possession at any time before; together also with the heritable right and superiority of all and sundry the aforesaid lands, baronies, tenements, teinds, mills and others above-expressed and also all and whole the place and ground upon the which the said monastery and abbacy of Haddington was sometime situated and whole precinct thereof, houses, buildings and pertinents of the same, together with the kirks of Garvald and the chapel of St Rufus within the castle of Crail, and whole teinds of the same, parsonage and vicarage thereof, with the teinds of an oxengate of land which sometime belonged to the territory of Drem and now to the territory of Athelstaneford, the teinds of multures, the teinds of the lands of the Barns and the Byres beside Haddington which were called of old the Grange of Haddington and Garleton, with the pertinents, parsonage and vicarage thereof; the teinds of certain crofts of Haddington and Harperfield, as well great as small; item, the teinds of the mills of Haddington, together with all other teinds, great and small, which pertained of before to the said priory of Haddington, with advocation, donation and right of patronage of the said kirks, chapels and chaplainries, parsonages and vicarages and others whatsoever pertaining to the said priory of old, from the act of parliament made in the month of September 1571 entitled 'Regarding lands, rooms and possessions held of friars or nuns within this realm regarding the annexing of all friars' and nuns' lands to his highness's crown', and also from the general act of annexation made in the month of July 1587 regarding the annexation of all kirk lands to his majesty's crown, and from all other acts of annexation whereby the lands, baronies and others aforesaid or any part thereof is or may be esteemed to be annexed to his majesty's crown and from the said abbacy and priory of Haddington, and have suppressed and extinguished the name, title and memory of the said priory and that to the effect following, namely, to the effect his majesty may convey and erect the said lands, baronies, kirks, teinds and others aforesaid particularly and generally above-specified in a temporal barony to the said John, master of Lauderdale and his male heirs lawfully to be procreated of his body, which failing, to the male heirs lawfully procreated or to be procreated of the said John, viscount of Lauderdale, his body, which all failing, to the said viscount, his male heirs and of tailzie contained in his infeftment of the lordship of Thirlestane of the date at Linlithgow, 7 March 1593 [1594], to be held of his majesty and his successors in free blench for payment of the sum of 40 merks usual money of Scotland of blench duty, and also paying to the minister serving the cure at the kirk of Garvald and his successors the stipend modified by the commissioners appointed by parliament in July 1617, for plantation of kirks, as their decreet at length bears. And his majesty and estates convey to the said John, master of Lauderdale and his male heirs aforesaid the heritable right and superiority of all and sundry the forenamed lands, baronies, tenants, teinds, mills and others above-expressed, and decree and ordain him and his heirs to be superiors to the heritable tenants of the said lands and others aforesaid in all time coming. And also his majesty and estates declare the said teinds, kirk, baronies and others aforesaid to be free of all thirds and other duties notwithstanding of whatsoever act or statute made in the contrary, and erect the said lands, kirks, teinds and others aforesaid in a whole and free barony to be called in all time coming the barony of Haddington. And because the said lands, baronies, mills, fishings, kirks, teinds and others aforesaid were of old endowed, mortified and gifted to the said abbacy and monastery of Haddington, priors and prioresses thereof before the year of God 1[...] or thereby, and thereafter by King James I† of worthy memory, his majesty's forefather, ratified and confirmed by his majesty's charter under the great seal of the date 31 August 1458, therefore his majesty and estates aforesaid have ratified and approved and, by this present act, ratify and approve the same confirmation of the said mortification in all and every head, article and clause of the same; and will and declare that the benefit of the said mortification and confirmation, whole immunities, privileges and liberties therein contained introduced in favour of the said priors and prioresses shall redound and be competent to the said John, master of Lauderdale and his foresaids as being come in their place in the same way and as freely in all respects as the same in any time bygone was competent to them or their predecessors by virtue of the aforesaid mortification and ratification, which are by this act declared to be as sufficiently ratified and approved as the same were engrossed word for word herein. And his majesty and estates give and grant full power to the said John, master of Lauderdale and his foresaids to convey and present by plain law the said particular parish kirks and parishes, parsonages, vicarages and chaplainries thereof, so often as the same shall happen to become vacant by decease, demission, inability, non-residence or otherwise whatsoever, and it is expressly declared by this act that in respect the aforesaid kirks pertaining to the said abbacy, dissolved and erected in manner aforesaid, and ministers serving the cure thereat are well and sufficiently provided in good and competent stipends by the present tacksmen of the teinds of the said kirks, therefore the said John, master of Lauderdale and his foresaids shall be free of the said burden of providing the said kirks so long as the said tacksmen, their rights thereto shall happen to stand and endure in their own strength and force, and that notwithstanding any act of parliament made in the contrary; and specially notwithstanding the commission granted in the year 1606 for erecting of prelacies, modification of his majesty's duty to be received forth thereof and of the ministers' stipends serving the cure at the kirks of the same, or any other act of parliament whatsoever which his majesty and estates aforesaid by this act declare shall in no way be prejudicial, hurtful or derogatory hereto in any sort. And it is declared that this present act shall in no way be prejudicial to the said John, viscount of Lauderdale, his heritable right of the said lands, baronies, kirks and teinds with the whole privileges and immunities conveyed to him of before by his majesty in the month of March 1593 according to his infeftment thereof, which his majesty and estates ratify and approve by this act, without prejudice to [Thomas Hamilton], earl of Melrose and to [Robert Lindsay], lord Lindsay of their rights.
[1621/6/67]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the constant and faithful services done and performed by his majesty's right trusty cousin and councillor Thomas [Hamilton], earl of Melrose, lord Byres and Binning, president of the college of justice and secretary to our sovereign lord, whereof he has given notable proof and testimony not only in his continual attendance in his places of session and privy council to the which he was promised by his majesty for administration of justice to all his majesty's lieges, but also in other services wherein he has been formerly employed by his majesty tending to the evident well and profit of this realm, whereof he has acquitted himself with such singular wisdom and dexterity that his majesty, in regard thereof, does give to him the testimony of approbation of a faithful and loyal subject; and his majesty, now considering that John Hamilton, third lawful son to the said Thomas, earl of Melrose, being provided by his majesty to the monastery and abbacy of Coldstream, benefice and whole kirks, teinds, fruits, rents, emoluments, profits and duties pertaining and belonging thereto, and that the said John Hamilton, prior of Coldstream, with consent of his steward and of the convent of the said priory, has made and subscribed due and lawful procuratories of resignation and demission for resigning and demitting in his majesty's hands or in the hands of his majesty's lords of secret council, commissioners appointed for receiving of demissions and resignations in his majesty's name, and according thereto has resigned and demitted all and whole the said priory of Coldstream and benefice thereof, with the monastery and abbey place of the same, houses, buildings, yards, orchards, dovecots and others lying within the precinct of the said priory, with all and sundry other lands, kirks, teind sheaves, other teinds, fruits, rents, emoluments, kanes, customs, casualties, profits and duties whatsoever pertaining and belonging to the said priory and benefice thereof, to the effect his majesty may dissolve, suppress and extinguish the said priory, name and memory thereof, and of new erect the same with the lands, mills, baronies, woods, fishings and others generally and particularly after-rehearsed pertaining of old to the said benefice as temporality thereof and part of the patrimony and property of the same formerly annexed to his majesty's† crown and now to be dissolved therefrom in manner underwritten in a temporal barony, and that his majesty may convey the same in favour of the said John Hamilton and his male heirs lawfully to be procreated of his own body, which failing, [...]† heritably in due and competent form as use is, as the said procuratory and instrument of demission more fully purport. And his majesty, being now graciously pleased to remunerate the said services done by the said Thomas, earl of Melrose with the dissolution of the said benefice of the said priory, lands, kirks and teinds of the same and erection of the same of new in a temporal barony in favour of the said John Hamilton and his foresaids as a note of his majesty's good acceptance of the said bygone services, and therewithal to encourage and incite him in the progress of his course so faithfully begun and continued, therefore his majesty and estates aforesaid have dissolved and dissolve from his majesty's crown and from the act of annexation of kirk lands made to his majesty's crown in his majesty's parliament held in the month of July 1587, and from all other acts of annexation made of before or since, all and sundry the lands, baronies, mills, woods, fishings, tenements, annualrents, castles, towers, fortalices, manor places, yards, orchards, kirks, teind sheaves and all other teinds, fruits, rents, emoluments, feu ferms, annualrents, kanes, customs, casualties, profits and duties whatsoever, with tenants, tenancies and service of free tenants, and all their pertinents which pertained of old to the said priory of Coldstream, patrimony and property thereof, as well temporality as spirituality of the same, and whereof the commendators and convents of the said priory have been in possession in any time bygone, wherever the same lie within the said kingdom of Scotland; and specially all and whole the lands called the Mains of Coldstream and fishings of the same upon the water of Tweed; all and whole 17 husband lands in Strathmure; all and whole the lands of Snuke, with the teinds of the same included, with the salmon fishing in Tilmoirthauche and Littlehaugh on the water of Tweed; all and whole the lands of Old Hirsel and a plough-land of land in the town and territory of Hirsel, Vulgo Lie, Countess Croft, Cauldstremeflett and portion land lying beside the burn of Leet upon the south side of the bridge of the same, within the territory of Hirsel Panneshauche, 12 acres of land of the same territory of Hirsel Rounds and Braidspottis; all and whole the lands of Braidhaugh, Dedrigs and Lees lying on the south side of the burn of Leet toward the monastery; three husband lands in Darnchester; four husband lands of Hatchednize, with the whole teind sheaves of the same lands included; two husband lands in Bridge-end; the mill of Byreburnmill and the mill of Coldstream, with the multures, sequels and profits thereof, and with the fishings of the waters within the said lands and parts and pendicles of the same and of the said mills, all lying within the sheriffdom of Berwick; and with all and sundry their castles, towers, fortalices, mansions, manor places, yards, orchards, dovecots, mills, woods, fishings, parts, pendicles and pertinents whatsoever pertaining and belonging to the lands, baronies and others above-specified, together with all other lands, baronies, mills, woods, fishings, castles, towers, fortalices, annualrents, houses, buildings, yards, orchards, meadows, forests, parks, hainings,† tenants, tenancies, service of free tenants, feu ferms, ferms, kanes, customs, casualties, profits and duties whatsoever which pertained of old to the said priory of Coldstream as temporality and a part of the patrimony and property thereof. And also, his majesty and estates aforesaid have dissolved and dissolve all and whole the abbey place of Coldstream, barns, byres, barn yards, yards, orchards, dovecots and little croft called the Little Orchard and others lying within the precinct of the said priory and bounds thereof, together with all and sundry the teind sheaves, other teinds, fruits, rents, emoluments and duties whatsoever, as well parsonages and vicarages, of all and sundry the kirks and parishes of Coldstream, alias Lennel and Bassendean, pertaining to the said priory of Coldstream as a part of the spirituality of the same, and with all other kirks and teinds pertaining of old to the said priory of Coldstream as spirituality thereof from the said abbacy and monastery in all time coming, and have suppressed and extinguished and, by this act, suppress and extinguish the said priory of Coldstream, benefice thereof, with the whole name and memory of the same, forever to the effect the said priory, with all and sundry the aforesaid lands, baronies, mills, woods, fishings, meadows, forests, mansions, manor places, yards, orchards, kirks, teind sheaves, other teinds, fruits, rents, emoluments, feu ferms, annualrents, kanes, customs, casualties, profits and duties whatsoever and others generally and particularly above-written pertaining of old to the said priory, as well temporality as spirituality of the same, may be erected by our said sovereign lord in a barony and thereafter conveyed by his majesty to the said John Hamilton and his foresaids to be held of our said sovereign lord and his majesty's successors in free blench ferm for the yearly payment to his majesty and his successors of the sum of £40 usual money of the realm of Scotland yearly at the feast of Whitsunday [May/June] in name of blench ferm, if the same be required only; and for payment to the ministers serving the cure at the said kirks of the stipends modified and to be modified to them in manner after-specified. And his majesty and estates aforesaid ordain a charter and infeftment after the said dissolution to be passed and completed to the said John Hamilton and his foresaids in due form as use is thereupon. And because the said kirks pertaining of old to the said abbacy of Coldstream are not as yet provided to constant and local stipends, except the said kirk or chapel of Bassendean, which by special act of the commissioners of his majesty's parliament, of the date 18 February 1618, is united to the kirk of Gordon, therefore his majesty and estates aforesaid declare that the said John Hamilton and his foresaids shall be held and astricted to provide and pay to the ministers present and that shall happen to be for the time serving the cure at the said kirks such constant and local stipends out of the readiest fruits and rents of the said kirks as shall be modified and appointed by the commissioners and others having power of his majesty and estates of parliament to that effect. And as to the said kirk of Bassendean, which is united and annexed to the said kirk of Gordon as said is, his majesty and estates aforesaid decree and ordain the said John Hamilton and his foresaids to pay to the ministers serving the cure at the said kirk of Gordon and Bassendean united thereto as said is, and their successors, that part and portion of the stipend of the said united kirks which is appointed to be paid out of the teinds of the said kirk of Bassendean by the said act of the commissioners of parliament of the date above-specified.
[1621/6/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the whole estates of this present parliament, ratifies and approves and perpetually confirms the gift and grant of the deanery of the chapel royal of Stirling made to a right reverend father in God, Adam [Bellenden], bishop of Dunblane of the deanery of the chapel royal, whole ancient foundations thereof and new augmentations added thereto, and also the charter, gift and grant of mortification and endowment of all and whatsoever lands, teinds, rents, revenues and emoluments, annualrents and anniversaries contained and expressed in the aforesaid new gift and charter made and granted by his majesty to the said right reverend father in God, with the whole privileges and immunities therein contained, of the date at [...], together with the sasine to follow thereupon.
[1621/6/69]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm the charter made and granted by his majesty, with advice and consent of his highness's principal treasurer, collector and comptroller within the realm of Scotland, and of his highness's treasurer, collector and comptroller depute within the said realm, and of the remaining lords of his highness's secret council of the said realm of Scotland, his highness's commissioners under his highness's great seal, to a reverend father in God, Alexander, bishop of Dunkeld and Barbara Bruce, his spouse, and to the longest liver of the two in conjunct fee, and to the male heirs lawfully procreated or to be procreated between them, which failing, the said reverend father in God, Alexander, bishop of Dunkeld, his male heirs whatsoever lawfully to be procreated of his own body, which also failing, to Patrick Lindsay, elder, brother-german to the said reverend father in God, and the male heirs lawfully procreated or to be procreated of his own body, which all failing, to return to the said reverend father in God, Alexander, bishop of Dunkeld and his nearest and lawful male heirs whatsoever possessing and bearing the surname and arms of Lindsay heritably, of all and whole the dominical lands of Baltroddie, with the mill, mill lands, multures, knaveships, sucken, sequels and duties of the said mill with the manor place, houses, buildings, yards, orchards, outsets, parts, pendicles and pertinents of the said dominical lands of Baltroddie and mill thereof only lying within the barony of Baltroddie and sheriffdom of Perth, and made by his highness, with advice and consent aforesaid, to the said reverend father in God, Alexander, bishop of Dunkeld and to his male heirs and of tailzie respectively above-designed, of all and sundry the rest of the towns, lands, mills and others particularly underwritten of the said barony of Baltroddie namely, of all and whole the lands of Evelick, with the tower, fortalice, manor place thereof and their pertinents; the lands of Montague and Bowhouse, with the mill, mill lands and pertinents thereof; the lands of Melginch, with the pertinents; the lands of Pitskelly and Balgray, with the mill, mill lands and pertinents thereof; the lands of Auchmague; the lands of Gothunis and Turhillis, with their pertinents respectively; the lands of Pitfour, with the manor place, fishings and their pertinents; the lands of Pitgook, with the mill, mill lands, pendicles and pertinents thereof; and the lands of Drumgrane, with the pertinents; together with the feu ferms, ferms, tenants, tenancies and service of free tenants of the said lands, towns, mills and others above-written, with all their privileges and pertinents, and of all and sundry the teind sheaves of all and whole the towns and lands of Baltroddie, Craigersche, Evelick, Montague and Bowhouse, with the mills and mill lands thereof respectively, with all and sundry the outsets, annexes, connexes, parts, pendicles and pertinents thereof pertaining heritably to the said reverend father in God, lying within the barony and sheriffdom aforesaid; and that upon the resignation made by the said reverend father in God, Alexander, bishop of Dunkeld and his procurators in his name, of all and sundry the said lands and barony of Baltroddie and of the whole towns, lands, mills and others above-written comprehended within the said barony, as well of the said dominical lands of Baltroddie with the mill, mill lands and pertinents aforesaid as of the said lands of Evelick and whole remaining towns, lands, mills and others above-written, with all their pertinents (except the said teind sheaves above-written) which pertained of before to the said reverend father in God and upon resignation made by his highness's trusty cousin and councillor David [Murray], lord Scone, with express consent and assent of Sir Andrew Murray of Balvaird, knight, and Stephen Paterson of Myres for all their right, title and interest whatsoever in and to the teind sheaves underwritten, and their procuratories in their names, of all and sundry the said teind sheaves of the particular towns and lands above-written, with the pertinents which pertained of before to the said David, lord Scone, all in the hands of the said lords of his highness's said secret council of Scotland, his highness's commissioners of the said kingdom, in his majesty's name, in favour and for the said infeftment thereof to be given to the said reverend father in God and his said spouse in conjunct fee and their heirs aforesaid in manner respectively above-written, with the union and erection contained in the said charter uniting, annexing and incorporating all and sundry the said towns, lands, mills, teind sheaves, towers, fortalices, manor places, tenants, tenancies, service of free tenants and whole pertinents thereof above-mentioned in a whole and free barony called and to be called the barony of Baltroddie, whereof the town, fortalice and manor place of Evelick is ordained to be the principal messuage, whereat a sasine is ordained to be taken of all and sundry the said towns, lands, barony, mills, teinds and others above-written in all time coming in manner specified in the said charter, to be held of our sovereign lord and his highness's successors in fee heritage and free barony for ever, as the said charter and infeftment under his highness's great seal of the date at Holyroodhouse, the last day of February 1620. And also the other charter and infeftment made and granted by our said sovereign lord, with advice and consent aforesaid, under his highness's great seal to the said reverend father in God, Alexander, bishop of Dunkeld and Barbara Bruce, his spouse, the longest liver of the two in conjunct fee, and to the male heirs lawfully procreated or to be procreated of the said reverend father's body, which failing, to the said Patrick Lindsay of Ardinbathie, his brother, and the male heirs lawfully procreated or to be procreated of his body, which all failing, the said reverend father in God's nearest and lawful male heirs and assignees whatsoever heritably, of all and sundry the lands of Durdie Inglis, alias Nether Durdie, with the houses, buildings, yards, orchards, dovecots, tofts, crofts, outsets, parts, pendicles, annexes, connexes, dependencies and whole pertinents thereof, together with all and sundry the teinds of the said whole lands, and also with the feu ferms and other renter ferms, kanes, customs, casualties, services and other duties whatsoever of the forenamed lands and teinds with all their pertinents, with tenants, tenancies, service of free tenants of the said lands lying within the lordship of Scone and regality thereof of old and now called the stewartry of Huntingtower and within the sheriffdom of Perth; and that by resignation thereof made by Master Peter Hay of Nether Durdie, George Hay, his eldest lawful son and apparent heir, and Marjorie Hay, spouse to the said Master Peter, all with one mind, consent and assent and with express consent and assent of George Hay of Ross, father to the said Master Peter and Andrew Blair in Ross Ochil, for all right, title or interest they or either of them has or may pretend to the said lands and teinds above-written with the pertinents, or any part thereof, and by their procurators in their names, in the hands of the said lords of his highness's said secret council of Scotland, his highness's commissioners in his majesty's name, in favour and for the said infeftment thereof to be given to the said reverend father in God and his spouse in conjunct fee and their heirs aforesaid in manner above-written, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage for payment of a certain yearly feu duty mentioned in the said charter, as the same under his highness's great seal of the date [...] May last also at more length bears; with the resignations whereupon the said charters and infeftments above-written and either of them proceeded, and the precepts of sasine and sasines following upon the said charters and infeftments, and either of them of whatsoever date or dates, tenor and contents the same resignations and sasines be of, in all and sundry the heads, points, clauses, articles and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present ratification is and shall be as effectual and sufficient to the said reverend father in God, Alexander, bishop of Dunkeld and Barbara Bruce, his spouse, their male heirs and of tailzie above-written, for possessing of the said lands, barony, teinds and all others above-written as if the said whole charters and infeftments with the sasine following thereupon were word by word at length herein inserted and contained; and also will, grant and ordain that the said charters and infeftments with the sasine following thereupon and this present ratification thereof is and shall be good, valid and sufficient rights and securities to the said reverend father in God, Alexander, bishop of Dunkeld and his spouse and his male heirs and of tailzie above-written and their assignees for possessing of the said lands, barony, mills, teinds and others above-written therein contained without any action, claim, objection, exception or allegiance to be acclaimed, proposed or alleged by his highness or his successors against the same infeftments and sasines following thereon, or either of them, or this present ratification thereof, validity or invalidity of the same, or against the makers of the resignations whereon the said infeftments proceed, or against the persons in whose favour the said infeftments and sasines are made, or any of them for whatsoever cause, fact or deed bygone, or any other contradiction or impediment to be made by his highness or his successors relating thereto in time coming.
[1621/6/70]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for diverse good causes moving his majesty and estates aforesaid and for the good, true and thankful service done to his majesty by a reverend father in God, Adam, bishop of Dunblane, ratify and approve the charter, donation and concession therein contained with the precept of sasine inserted in the same made, given and granted by the late George [Gledstanes], archbishop of St Andrews, with consent of the chapter of the metropolitan kirk of the said archbishopric, to the said Adam, bishop of Dunblane, therein designed Master Adam Bellenden of Kilconquhar, parson of Falkirk, his male heirs and assignees, of all and whole the lands and [...] of Kilconquhar, with the loch thereof and fishings of the same loch, with liberty and privilege of a yearly free fair upon 3 May in the town of Kilconquhar, with all tolls, customs and privileges of the same fair, all and whole the lands of Pitcorthie, the lands of Balgrummo, the lands of Caldcoats and the lands of Kilmux, with all and sundry towers, fortalices, manor places, mills, mill lands, multures and sequels thereof, woods, fishings, tenants, tenancies, service of free tenants, advocation and donation of benefices and chaplainries of the same, parts, pendicles and all their pertinents whatsoever lying within the regality of St Andrews and sheriffdom of Fife, to be held of the said late George, archbishop of St Andrews and his successors for the yearly payment of service of ward and relief when it shall happen, and of the sum of 6 merks usual money of the realm of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of kane, with common suit in the courts of the said regality of St Andrews to be held at the city of St Andrews yearly, and for the aforesaid liberty of the said fairs, with tolls, customs and privileges thereof, of the sum of 30s money aforesaid at the said terms only; by the which charter the ward and non-entry of the lands and others aforesaid are taxed yearly to the sum of £163 and the marriage of the heir to the sum of £208 of the date at Leith, 2 July 1609, with the instrument of sasine following thereupon, in all and sundry points, articles, clauses and conditions therein contained, after the form and tenor thereof. Likewise his majesty and estates aforesaid declare that this present ratification of the said charter and instrument of sasine following thereupon is and shall be as valid, effectual and sufficient in all respects as if the same charter and instrument of sasine above-mentioned were at length inserted herein, notwithstanding the not inserting of the same, concerning which his majesty and estates aforesaid have dispensed and, by this ratification, dispense for ever. And likewise his majesty and estates aforesaid declare the aforesaid charter, precept of sasine therein contained and instrument of sasine following thereupon with this present ratification thereof to be good, valid and sufficient rights and titles to the said Adam, bishop of Dunblane, his male heirs, assignees and successors in the said lands, for possessing and enjoying of the same lands and others aforesaid, with the aforesaid privileges and liberties of free fairs and taxing of the said ward and marriage, and with all other privileges and liberties therein contained as their own proper heritage at their pleasure in time coming; without prejudice to Sir William Scott of his rights and possession of the lands and barony of Ardross and loch above-mentioned adjacent thereto; as also to Master Alexander Gibson of his lands of Balgrummo and [Master John Lindsay], laird of Balcarres of his rights to the lands of Pitcorthie and patronage of the kirk of Kilconquhar, all which rights are in no way to be prejudiced by this present act according to the law.
[1621/6/71]*[print] [email] [cite] [preceding] [following]
In the said parliament held at Edinburgh, day, month and year respectively aforesaid, compeared Master Thomas Nicolson, elder, advocate, procurator for Archibald, lord Lorne, and solemnly protested that the kirk of Rosneath should in no way be transported out of the Isle of Rosneath where the same presently stands to that part of the mainland of the said parish called the lands of Ardenconnel, but that the same should remain where it presently stands, notwithstanding of the supplication given in to that effect by the gentlemen and parishioners of the said parish kirk of Rosneath founded upon the alleged incommodious situation of the said parish kirk; whereupon the said Master Thomas, in name of the said Archibald, lord Lorne, asked instruments.
[1621/6/72]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that a right reverend father in God, John [Spottiswood], archbishop of St Andrews, commendator of the abbacy of Kilwinning, with consent of the convent of the said abbacy, by his letters of demission and procuratory of resignation therein contained, subscribed with his hand of the date the [...] day of [...] 16[...], and by instrument of demission and resignation following thereupon of the date the [...] day of [...], for the reasonable causes therein contained, has demitted, resigned, renounced and simply given over from him and his successors, commendators of the said abbacy of Kilwinning, to and in favour of a reverend father in God, Andrew [Boyd], bishop of Argyll and his successor bishops of the said bishopric the kirk of Kilmachormuk, parsonage and vicarage thereof, advocation, donation and right of patronage of the same, with all and sundry teinds, fruits, rents, profits, emoluments and duties whatsoever pertaining and belonging thereto lying within the sheriffdom of Tarbert, pertaining and belonging to the said abbacy of Kilwinning as a part of the patrimony thereof in the hands of our sovereign lord and his highness's commissioners in his majesty's name, in favour of the said reverend father in God, Andrew, bishop of Argyll and his successor bishops of the said bishopric, to the effect that the said kirk of Kilmachormuk, parsonage and vicarage thereof, advocation, donation and right of patronage of the same, with all and sundry teinds, fruits, rents, profits, emoluments and duties belonging thereto may be dissolved and separated from the said abbacy of Kilwinning and patrimony thereof, whereunto the same pertained and was united and annexed of before, and ceased to be accounted, reputed or held any part of the said abbacy or patrimony thereof in time coming, and may be united, annexed and incorporated in and to the said bishopric of Argyll and patrimony thereof, to remain inseparably therewith and with the said Andrew, bishop of Argyll and his successor bishops of the said bishopric in all time coming, as the said letters of demission and resignation and instrument of demission and resignation following thereupon in themselves respectively at more length bear. Therefore his majesty and estates of parliament ratify and approve the said letters of demission and resignation and demission and resignation following thereupon made by the said right reverend father in God, John, archbishop of St Andrews, with consent of the said convent of the said abbacy, of the said kirk of Kilmachormuk, parsonage and vicarage thereof, with all and sundry teinds, fruits, rents, profits, emoluments and duties whatsoever pertaining and belonging thereto, in favour of the said reverend father in God, Andrew, bishop of Argyll and his successor bishops of the said bishopric in manner and to the effect above-written, in all and sundry the heads, points, clauses, articles and conditions thereof, and after the form and tenor thereof in all points. And also his majesty and estates aforesaid have dissolved and dissolve the said kirk of Kilmachormuk, parsonage and vicarage thereof, with all and sundry teinds, fruits, rents, emoluments and duties pertaining and belonging thereto from the said abbacy of Kilwinning and patrimony thereof whereunto the same pertained and were united and annexed of before, and unite, annex and incorporate the same kirk, parsonage and vicarage, with all and sundry teinds, fruits, rents, profits, emoluments and duties whatsoever pertaining and belonging thereto in and to the said bishopric of Argyll and patrimony thereof, to remain inseparably therewith; and will and grant that the said Andrew, bishop of Argyll and his successor bishops of the said bishopric shall hold, enjoy and possess the said kirk, whole teinds and fruits of the same as a part and pertinent of the said bishopric of Argyll and patrimony thereof in all time coming, and if need be ordain an infeftment to be completed hereupon under his highness's great seal in favour of the said Andrew, bishop of Argyll and his successor bishops of the said bishopric in due and competent form as appropriate. And it is declared that this present ratification shall be no way prejudicial to [Alexander Montgomery], earl of Eglinton's right which he now has to the kirk of Kilmachormuk, nor shall never be used or opposed by the Bishop of Argyll to make his standing right before this act any stronger than it was before this act to the Earl of Eglinton's prejudice of his present rights, whereunto the Bishop of Argyll, being personally present, consented, and ordain the consent and declaration to be inserted in the extract of this act, which consent and declaration the said bishop, then being present, subscribed with his own hand.
[1621/6/73]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment made and granted by his majesty to his highness's trusty cousin William, lord Kilmaurs, his male heirs and assignees whatsoever heritably of all and whole the lands of Duntrune, with the pertinents lying within the barony of Kilmarnock and sheriffdom of Dunbarton, upon his own resignation, and of the advocation, donation and right of patronage of the kirk of Dreghorn, parsonage and vicarage thereof, manse, glebe, houses, buildings, teinds, fruits, rents and emoluments whatsoever belonging thereto, as becoming in his majesty's hands and at his highness's disposition either by demission made thereof in his highness's hands by John [Spottiswood], archbishop of St Andrews, commendator of the abbacy of Kilwinning, with consent of the convent thereof, or by whatsoever other demission made in his majesty's hands of the said kirk of before, or by virtue of whatsoever dissolution made of the said abbacy of Kilwinning, kirks, teinds, fruits, rents, emoluments, profits and duties of the same at any time bygone, or by virtue of whatsoever other right or title whereby the said kirk, parsonage and vicarage thereof, advocation, donation and right of patronage, manse, glebe, houses, buildings, teinds, fruits, rents and emoluments of the same or any part thereof had become vacant, fallen and pertained or might become vacant, fall and pertain to his majesty in manner specified in the said charter and infeftment, as the same of the date at Edinburgh, 10 May 1621 in the self at more length purports; together with the other charter and infeftment made and granted by his majesty under his highness's great seal of the date at Whitehall, 26 April 1621, ratifying and approving the said former charter and infeftment and of new conveying the said lands, advocation, donation and right of patronage of the said kirk of Dreghorn, as well parsonage as vicarage thereof, manse, glebe, houses, buildings, teinds, fruits, rents and emoluments pertaining and belonging thereto to the said William, lord Kilmaurs, his heirs and assignees aforesaid, with all right which his majesty could pretend to the same advocation, donation and right of patronage either as being a part of the said abbacy of Kilwinning and dissolved therefrom, or as being a several and distinct parsonage and vicarage and of old at his majesty's presentation, or by whatsoever other manner of way the same pertained, pertains or might pertain to his majesty by the laws and practice of this realm, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and circumstances of the said charters, precepts and instruments of sasine. And his majesty and estates aforesaid will and declare that this present general ratification is and shall be as sufficient to the said William, lord Kilmaurs and his foresaids for possessing and enjoying of the aforesaid advocation, donation and right of patronage of the said kirk of Dreghorn, parsonage and vicarage thereof, as if the same infeftments, precepts and instruments of sasine were at length word by word inserted herein; concerning which his majesty and estates aforesaid has dispensed and, by this act, dispenses for now and ever. And further, our said sovereign lord and estates of parliament have dissolved, dismembered and separated and, by this act, dissolve, dismember and separate the said kirk of Dreghorn, advocation, donation and right of patronage of the same, manse, glebe, houses, buildings, teinds, fruits, rents and emoluments whatsoever belonging thereto, together with the said vicarage of Dreghorn in so far as the same is or may be esteemed to have been a part of the said abbacy of Kilwinning at any time bygone, from the same abbacy of Kilwinning and benefice thereof in all time coming, to the effect that his majesty may convey the advocation, donation and right of patronage of the same kirk, parsonage and vicarage thereof, manse, glebe, houses, buildings, teinds, fruits, rents and emoluments whatsoever belonging thereto to the said William, lord Kilmaurs, his male heirs and assignees whatsoever, to be held of his majesty and his successors in free blench for payment of one Scots penny yearly at the feast of Whitsunday [May/June], if the same be asked only in all time coming; and also will, grant, decree and ordain that the right of patronage of the said kirk of Dreghorn, parsonage and vicarage thereof, in so far as the same, or either of them, were several and distinct benefices of before at his majesty's presentation shall be at the presentation of the said William, lord Kilmaurs and his foresaids in all time coming, and that notwithstanding whatsoever acts of parliament made of before requiring the consent of the titulars, from the which his majesty and estates aforesaid excepts the said infeftments made and to be made to the said William, lord Kilmaurs and his foresaids of the said advocation, donation and right of patronage of the said kirk of Dreghorn, parsonage and vicarage thereof, for ever; and ordain a new charter and infeftment if need be to be made and passed to the said William, lord Kilmaurs and his foresaids thereupon in such due form as appropriate, and that for the long, good, true and thankful service made and done to his majesty and his most noble progenitors by the said William, lord Kilmaurs and his predecessors heretofore; and it is declared that this present ratification shall be in no way prejudicial to [Alexander Montgomery], earl of Eglinton's right which he now has to the kirk of Dreghorn, nor shall never be opposed or used to make the Lord Kilmaurs' former right stronger than it was of before, to the Earl of Eglinton's prejudice of his rights which he now has, and ordain the Lord Kilmaurs to consent to the above-written declaration personally before the extracting of this act and the same declaration and consent to be inserted in the extract of this act by [Sir George Hay of Kinfauns], clerk register; according to the which ordinance the said Lord Kilmaurs has consented by his subscription.
[1621/6/74]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by his majesty under his highness's great seal to his highness's right trusty cousin Alexander, lord Spynie, his male heirs and assignees whatsoever heritably of all and sundry the lands and town of Ballysak,† with the manor place, fortalice, houses, buildings, yards, orchards, dovecot and the two corn mills of the same lands, together with the multures and sequels of the said mills and other parts, pendicles, outsets and pertinents of the said lands and mills respectively; all and sundry the lands of Braidfuttisgardine, with houses, buildings, yards, outsets and pertinents of the same whatsoever, with tenants, tenancies, service of free tenants and feu ferms of the said lands respectively and all their parts and pertinents; all and whole the muir adjacent to the said lands or beside the same now called Lindsay's Muir and of old commonly called Douglas Muir and pertinents of the same; as also the advocation, donation and right of patronage of the chaplainry of Whitefield, with all lands, mansions, houses, buildings, yards, teinds, annualrents, profits, casualties, privileges and other duties pertaining or belonging or that are known to pertain and belong to the aforesaid chaplainry of Whitefield and right of patronage thereof; all and sundry the lands of Muirhouse, with houses, buildings, tofts, crofts, parts and pertinents of the same; all and sundry the lands of Burnside, with houses, buildings, parts, pendicles and pertinents of the same lying within the barony of Redcastle, Conghoillis, alias Inverkeilor, and within the sheriffdom of Forfar; and also the advocation, donation and right of patronage of all and sundry the parish kirks and benefices underwritten, namely: of the deanery of Moray, comprehending the kirks of Auldearn and Nairn; of the chantry of Moray, comprehending the kirks of Alves and Lhanbryde; of the treasury of Moray, comprehending the kirks of King-Edward and Essil; of the chancellery of Moray, comprehending the kirks of Kirkmichael, Inverallan, Knockando, Urquhart and Glenmoriston; of the archdeanery of Moray, comprehending the kirks of Forres and Edinkillie; of the sub-deanery of Moray, comprehending the kirk of Dallas and vicarage of Auldearn; of the sub-chantry of Moray, comprehending the kirks of Rafford and Ardclach; and of the parish kirks, parsonages and vicarages of Bonoche, Aberlour, Skeirdustane, Advie, Cromdale, Dipple, Ruthven, Inverkeithny, Lundichtie, Moy, Spynie, Kingussie, Croy and Moy, Uthill, Unthank called the chaplainry of Duffus, Boleskine, Kinnoir, Dumbennan, Botarie, Elches, Glassessie, Kincardine and Duffus, and also of the kirks of Alter Alloway, Braaven, Farneway, Laggan, Abernethy, Edinkillie and Birnie, and of all and whole the parsonages and vicarages of the whole kirks above-written lying within the sheriffdoms of Elgin, Forres, Nairn, Inverness [...] respectively, together with all and sundry privileges, liberties and commodities pertaining or that may be known to pertain by the law and custom of this realm to the said advocation, donation and right of patronage of the kirks above-mentioned, parsonages and vicarages thereof, all united, created and incorporated in a whole and free lordship called the lordship and barony of Spynie, to be held of his majesty and his successors in free blench, fee heritage, free lordship and free barony for ever for the yearly payment of the blench duty therein specified, of the date the [...] day of [...], with the precept and instrument of sasine following, or to follow thereupon, in all points, heads, articles and clauses therein contained after the forms and tenors thereof; and declare and ordain this present ratification and confirmation of the said infeftments, precept and instrument of sasine following thereupon to be as valid, effectual and sufficient in all respects as if the same infeftment, precept and instrument of sasine following thereupon were at length and word by word inserted and engrossed herein; concerning which his majesty and estates aforesaid dispense for ever. And further, our said sovereign lord and estates above-written declare, statute and ordain that the exception of the infeftment made and granted by his majesty under his highness's great seal to the late Alexander [Lindsay], lord Spynie, father to the said Alexander, now lord Spynie, of the patronages of the benefices and kirks above-mentioned from the act of parliament made in the month of June 1593, entitled 'Regarding infeftments given by his majesty with new right of patronages', together with the aforesaid infeftment granted by his majesty to the said Alexander, lord Spynie of the advocation, donation and right of patronage of the kirks and benefices above-written to be as valid, effectual and sufficient rights and securities to the said Alexander, lord Spynie and his foresaids for possessing and enjoying of the heritable right of patronage of the kirks and benefices above-mentioned as if the same infeftments respectively had been made and granted to the said Alexander, lord Spynie and his said late father by his majesty, with consent of the titulars of the said benefices and kirks and of the bishop and chapter of the cathedral kirk of Moray for the time, notwithstanding the act of parliament from which his majesty and estates has excepted and except the said infeftment granted by his majesty to the said Alexander, now lord Spynie, of the kirks and benefices above-specified.
[1621/6/75]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm the act of dissolution made in his highness's parliament held at the burgh of Perth, 9 July 1606, dissolving all and whole the lands, lordship and baronies of Kylesmuir and Barmuir, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, annexes, connexes, dependencies, parts, pendicles, tenants, tenancies, service of free tenants thereof and all their pertinents lying within the bailiary of Kylestewart and sheriffdom of Ayr from the act of annexation made at Edinburgh, 29 July 1587, regarding the annexation of the temporality of all benefices within this realm to the patrimony of his highness's crown; and also dissolving the parish kirk of Mauchline, parsonage and vicarage thereof, lying as said is, with the whole teinds, fruits, rents, revenues and emoluments pertaining thereto from the abbacy or monastery of Melrose to the effect mentioned in the said act of parliament, together with the charter passed under his highness's great seal made and granted by his majesty, with advice and consent of the late Master John Preston of Penicuik, collector general and treasurer of his highness's new augmentations for the time, to his highness's right trusty cousin Hugh, lord Loudoun and his male heirs therein specified, of all and whole the said lands, lordship and baronies of Kylesmuir and Barmuir, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, annexes, connexes, dependencies, parts, pendicles, tenants, tenancies, service of free tenants thereof and all their pertinents lying as said is, with all and sundry teind sheaves, other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the said parish kirk of Mauchline lying as said is, containing also an erection of the town of Mauchline in a free burgh of barony, with the precept and instrument of sasine following upon the said charter, which charter is dated at Greenwich, 30 June 1608, in all and sundry heads, articles, clauses, conditions and circumstances whatsoever therein contained after the forms and tenors thereof, with the whole liberties and privileges therein contained; and declare this present ratification to be as valid, effectual and sufficient in all respects as if the said acts of parliament, charter, precept and instrument of sasine following thereupon were at length inserted in this present act, dispensing with the not inserting thereof herein by this ratification for ever. And likewise find, decree and declare that the aforesaid lands, lordship and baronies of Kylesmuir and Barmuir, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, annexes, connexes, dependencies, parts, pendicles, tenants, tenancies, service of free tenants thereof and all their pertinents lying as said is, with the said parish kirk of Mauchline, parsonage and vicarage thereof, and whole fruits, rents, revenues, emoluments and duties whatsoever pertaining thereto, as lawfully dissolved from the said act of annexation and abbacy of Melrose by virtue of the said act of dissolution made in the aforesaid parliament held at Perth, the said 9 [July] 1606; and that our said sovereign lord, with advice and consent aforesaid, has lawfully given, granted and conveyed to the said Hugh, lord Loudoun and his foresaids all and whole the said lands, lordship and baronies of Kylesmuir and Barmuir, with the castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, annexes, connexes, dependencies, parts, pendicles, tenants, tenancies, service of free tenants thereof and all their pertinents lying as said is, with the aforesaid parish kirk of Mauchline, parsonage and vicarage thereof, with the whole fruits, rents, revenues, emoluments and duties whatsoever pertaining thereto in manner expressed in the aforesaid charter; and that the act of dissolution (if any be made in this present parliament or that shall happen to be made in any parliament hereafter) to and in favour of Thomas [Hamilton], earl of Melrose, lord Binning etc., or of whatsoever person or persons, dissolving the lordship of Melrose with all other lordships, baronies and kirks of old pertaining to the said abbacy and monastery of Melrose from the said act of annexation and from the said abbacy and monastery of Melrose, nor the infeftments already made, nor to be made to the said Thomas, earl of Melrose, nor whatsoever other person or persons thereupon, are not nor shall in any way be hurtful nor prejudicial to the said Hugh, lord Loudoun, his heirs, successors nor assignees, nor to their rights and heritable infeftments made and granted to them by our said sovereign lord in manner before rehearsed of the said lands, lordship and baronies of Kylesmuir and Barmuir, parish kirk of Mauchline, parsonage and vicarage thereof, nor to any part of the same; and that the said acts of dissolution made or to be made of the remaining lands, lordship and others aforesaid which pertained of old to the said abbacy and monastery of Melrose in favour of the said Thomas, earl of Melrose, or of whatsoever other person or persons, are not nor shall in any way be hurtful nor prejudicial to the rights and securities made in favour of the said Hugh, lord Loudoun and his foresaids of the said lands, lordship and baronies of Kylesmuir and Barmuir, parish kirk of Mauchline, parsonage and vicarage thereof, nor any part of the same.
[1621/6/76]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment granted by his majesty to his highness's trusty councillor David, lord Scone and to his male heirs and of tailzie specified therein, of all and whole the lands and barony of Drumduff, comprehending therein the particular lands, kirks, teinds, offices and superiorities at length specified and contained in the said infeftment, all united and annexed in a whole and free barony called the barony of Drumduff, to be held of his majesty in manner and form mentioned in the said infeftment, as the same infeftment of the date at Whitehall, 29 April 1612, at more length bears, in the whole heads, articles, clauses and conditions therein contained; and will and grant that this present ratification shall be as valid and effectual to the said David, lord Scone and his foresaids as if the said infeftment word for word were inserted herein.
[1621/6/77]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, statutes and ordains that no ratification of the abbacy of Jedburgh or any part thereof be completed in favour of Sir John Kerr of Littledean, knight, or his assignees until first he have given assurance for setting of the Laird of Ferniehirst in his own teinds of Ferniehirst, Oxnam, Hobkirk, Fewrule, Over and Nether Wells, Over Crailing, Swinside and the pertinents pertaining to the said Sir Andrew heritably, in such manner as the said Sir Andrew Kerr of Ferniehirst and his heirs may hereafter enjoy and possess the said teinds for payment to the said Sir John, his heirs and assignees whatsoever of some reasonable duty, and to the ministers serving the kirks where the said lands lie likewise some reasonable duty proportionally according to the modification that is already or hereafter shall be made for stipends to the same.
[1621/6/78]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the charter made and granted by his majesty under his highness's great seal to his majesty's right trusty cousin and councillor David, lord Carnegie of Kinnaird, his male heirs and assignees of the lands and barony of Fern, comprehending the lands contained in the said charter, with the advocation, donation and right of patronage of the kirk of Fern, parsonage and vicarage thereof, as well of all lands lying of old within the said parish of Fern as of the parsonage and vicarage of the lands of Waterston, with the pertinents underwritten, namely, of the mains of Waterston, Easter and Wester Hertounes, mill and mill lands of Waterston, Windsor and Blacklawes mortified and annexed to the said kirk, of the date 22 April 1619; the letters of procuratory, disposition and mortification of the teinds of the said lands of Waterston, with the pendicles and pertinents thereof above-written, to the said kirk of Fern and to the parsonage and vicarage thereof made and granted by the late Alexander [Campbell], bishop of Brechin, titular of the parsonage teinds of the said lands, as a part of the patrimony of the said bishopric, and by Robert Kinnear, vicar of the said kirk of Brechin, titular of the vicarage teinds of the said lands, with consent of the dean, canons and chapter of the cathedral kirk of Brechin, of the date in the year 1601, with the charter of mortification following thereupon, made and granted by his majesty under his highness's great seal of the date 4 June 1606, with the precepts and instruments of sasine following upon the said two charters and with all infeftments, rights and titles made and granted to David Lindsay of Edzell, the late Sir David Lindsay of Edzell, knight, his father, their predecessors or authors of the aforesaid advocation, donation and right of patronage of the said kirk of Fern, parsonage and vicarage thereof, in all and sundry points, articles and clauses therein contained, after the forms and tenors thereof; and declare this present ratification to be as sufficient in all respects as if the infeftments, rights and titles above-mentioned were at length inserted herein, dispensing with the not inserting thereof.
[1621/6/79]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament of the kingdom of Scotland, understanding that albeit John Stewart, son lawful to the late Francis [Stewart], sometime earl of Bothwell, was by the laws, acts and constitutions of this realm disqualified and made unable to have held and possessed lands, offices and honours within this kingdom through or by the occasion of the forfeitures of the said late Francis, his father, who was convicted and forfeited for certain crimes of treason and lese-majesty committed by him, nevertheless it pleased his majesty of before, out of pity and commiseration had by his majesty to the said John Stewart as a person altogether innocent of the said crimes, being only an infant the time of the committing thereof, within the age of [...] years, by his majesty's letters of restitution and rehabilitation under his majesty's great seal, to grant the benefit of restitution and rehabilitation to the said John Stewart, restoring and rehabilitating him to his good name and fame and all and sundry lands, benefices, offices, honours, dignities and privileges whereof he was deprived and prejudiced by the said laws, acts and constitutions, as at more length is contained in the said letters of rehabilitation and restitution, which are of the date the [...] day of [...] 16[...]. And now his majesty, following his natural clemency, considering that the said John Stewart has continually from his youth behaved himself as a true, loving and dutiful subject and servant to his majesty, depending altogether upon his majesty's gracious will and pleasure, therefore our said sovereign lord, with advice and consent of the whole estates and body of this present parliament, ratifies and approves the letters of rehabilitation and restitution granted by his majesty under his majesty's great seal to the said John Stewart in manner and to the effect above-written in all and sundry heads, points, clauses and articles thereof; and decrees and declares this present ratification to be as valid and sufficient to the said John Stewart as if the said letters of rehabilitation were at length, word for word engrossed and inserted herein. And further, our said sovereign lord, with consent aforesaid, has retreated, rescinded, cassed, annulled and, by the tenor hereof, retreats, rescinds, casses and annuls now and from the beginning all and whatsoever laws, acts of parliament, statutes and constitutions whatsoever made regarding the disqualification of the bairns and posterity of the said late Francis, sometime earl of Bothwell, in so far as the same may be extended to the said John Stewart and to the heirs lawfully procreated or to be procreated of his body, and in so far as thereby the said John Stewart was in any way made unable to hold, use and possess any benefice, lands, rooms, possessions, dignities or honours, together with all acts of parliament, decreets and sentences following upon the said acts of disqualification for annexing of whatsoever lands, baronies or benefices pertaining to the said John Stewart, and to the which he was provided to his majesty's crown; and specially all and whatsoever acts of parliament made for annexing of the abbacy of Coldingham, temporality and spirituality thereof, to his majesty's crown, made in the year of God 1592 or [15]94, to the which the said John Stewart was provided, declaring the said acts and statutes to be and to have been null and of no value from the beginning, with all rights, infeftments and dispositions granted by his majesty to whatsoever person or persons following and depending thereupon in so far as the same may prejudice the said John Stewart of his right and title of the said abbacy and priory of Coldingham, spirituality and temporality thereof, or of the fruits, rents and emoluments of the same; and that the said nullity of the said acts in general shall be as sufficient and valid as if the same acts were specially expressed and inserted therein, and that the same shall be as well received by way of exception and reply as by way of action. Moreover, our said sovereign lord, with consent of the said estates, has ratified and approved and, by the tenor hereof, ratifies and approves all and whatsoever gifts and provisions granted by his majesty in favour of the said John Stewart of the said priory of Coldingham, spirituality and temporality of the same, in any time bygone by whatsoever manner of way, of whatsoever date or dates, tenor or contents the same be of in all and sundry heads, points, clauses and articles of the same; and decrees and declares this present ratification to be as valid and sufficient to the said John Stewart and his foresaids as if the said gifts and provisions were all at length and expressly word for word engrossed and inserted herein.
[1621/6/80]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that John Stewart, son lawful to the late Francis [Stewart], sometime earl of Bothwell, was lawfully provided to the benefice of the priory of Coldingham, spirituality and temporality thereof, and that his majesty and estates aforesaid in this present parliament have already restored the said John Stewart against whatsoever laws, acts of parliament, statutes and constitutions whatsoever made regarding the disqualification of the bairns and posterity of the late Francis, sometime earl of Bothwell in so far as the same may be extended to the said John Stewart and the heirs lawfully procreated or to be procreated of his body, and in so far as thereby the said John Stewart was in any way made unable to hold, use and possess the said benefice of the priory of Coldingham or any other benefices, lands, rooms, possessions, dignities or honours; likewise the said John Stewart, by his letters of procuratory and demission sealed and subscribed with his hand, and by his procuratories specially constituted for that effect, is to make lawful resignation and demission in the hands of our said sovereign lord of the said benefice of the aforesaid priory of Coldingham, with the monastery and abbey place of Coldingham, cloister, houses, buildings, yards, orchards, close and whole bounds, commodities and easements within the precinct of the same and all their pertinents, with the whole lands, baronies, mills, woods, fishings, kirks, teinds, castles, towers, fortalices, tenements, annualrents, crofts and acres pertaining to the said priory of Coldingham, as well temporality as spirituality of the same, wherever the same lie within this realm, to the effect that his majesty may dissolve, extinguish and suppress the said priory, name and memory thereof, and of new erect the same in a temporal lordship and convey the same heritably to the said John Stewart, his heirs and assignees in due and competent form as appropriate, as the said procuratory and instrument of demission more fully purport. Therefore his majesty and estates aforesaid have dissolved and, by this erection, dissolve from the said priory and monastery of Coldingham and from all and whatsoever statutes and acts of parliament whereby the said priory or any part of the same, spirituality or temporality thereof, was annexed to his majesty's crown, all and sundry lands, baronies, mills, woods, fishings, tenements, crofts, acres, annualrents, castles, towers, fortalices, manor places, yards, orchards, kirks, teind sheaves and other teinds, fruits, rents, emoluments, feu ferms, kanes, customs, casualties, profits and duties whatsoever, with tenants, tenancies and service of free tenants which pertained of old to the said priory of Coldingham, and whereof the commendators of the said priory have been in possession in any time bygone, wherever the same lie within the kingdom of Scotland, and namely all and whole the manor place of Coldingham, cloister, houses, buildings, yards, orchards, cloisters and whole bounds, commodities and easements within the precinct of the same, with all their pertinents; all and whole the town and lands of Coldingham, with the mansions, cottages, tenements, houses, buildings, yards, tofts, crofts, mills, parts, pendicles, outsets, grass, lands, parks, annexes, connexes of the same and their pertinents; the lands called Hallbank, with their pertinents; all and whole the lands of Northfield, with the lochs and teinds of the same included and all their pertinents; all and whole the lands of Fewallis and St Abb's, with their pertinents; all and whole the lands of Steel, with their pertinents; all and whole the lands called Capon Land and Sacristane Croft, with their pertinents; the croft of land called Grievestile, with their pertinents; all and sundry the lands called Halcroft, Armstrong's Park and Bea Park, with their pertinents; all and whole the lands of Press, with their pertinents; all and sundry the lands of Beanrig, Floors, Halidown, Highlaws, Mawisbalk and Mawisaiker, with their pertinents; all and whole the lands of Black Hill, with their pertinents; all and sundry the lands of Whitefield, easter and wester, with their pertinents; all and whole the town and lands of Eyemouth, with houses, buildings, yards, cottages, tenements, mills, multures, tofts, crofts, parts, pendicles of the same and all their pertinents; all and whole the town and lands of Swinewood, with houses, buildings, tofts, crofts, cottages, mills, parts, pendicles and all their pertinents; all and whole the lands of Hillend, with the woods of the same and their pertinents; all and whole the lands of Houndwood, Howlaw and Lambden, with the manor place, houses, buildings, yards, orchards, woods, mills, outsets, parts, pendicles and all their pertinents; all and sundry the town and lands of Renton, with the manor place, houses, buildings, tenements, cottages, yards, orchards, woods, mills, parts, pendicles, outsets, annexes, connexes of the same and all their pertinents; all and whole the town and lands of Old Cambus, with houses, buildings, tofts, crofts, woods, mills, parts, pendicles and outsets, annexes, connexes of the same and all their pertinents; all and whole the town and lands of Easter Lumsdean, with the manor place, houses, buildings, yards, tofts, crofts, outsets, parts, pendicles of the same and all their pertinents; all and whole the town and lands of Auchencraw, with houses, buildings, mills, multures, cottages, parts, pendicles, outsets, annexes, connexes of the same and their pertinents; all and sundry the lands of Swansfield and Shillup Dykes, with their pertinents; all and whole the town and lands of West Reston, with houses, buildings, mills, multures, cottages, parts, pendicles, outsets, annexes, connexes of the same and all their pertinents; all and whole the town and lands of East Reston, with houses, buildings, mills, multures, cottages, parts, pendicles, outsets, annexes, connexes of the same and all their pertinents; all and whole the town and lands of Ayton, with towers, fortalices, manor places, houses, buildings, tenements, cottages, yards, orchards, mills, outsets, annexes, connexes, parts, pendicles of the same and all their pertinents; all and whole the mains of Ayton, with their pertinents; all and whole the sea ports and harbour places of Eyemouth and Coldingham, with all other ports and harbour places within the bounds of the lands respectively above-written, with anchorages, customs, profits, commodities and duties of the same; all and sundry the lands of Paxton, with houses, buildings, yards, tofts, crofts, mills, outsets, annexes, connexes, parts, pendicles and all their pertinents; all and whole the lands of Fishwick, with the fishings of the same upon the water of Tweed, with houses, buildings, yards, tofts, crofts, mills, outsets, annexes, connexes of the same, parts, pendicles and all their pertinents; all and whole the lands and lordship of Swinton, with the manor place, houses, buildings, yards, orchards, tofts, crofts, mills, outsets, annexes, connexes, parts, pendicles of the same and all their pertinents; all and sundry the lands of East Nisbet, comprehending the lands and others particularly† after-specified, namely, the lands called the East Quarter, the lands of Broomdykes, the lands of Craigs Walls, the lands of Whitemire, the lands called Wool Quarter and Main Quarter of East Nisbet, with the tower, fortalice, manor place, houses, buildings, yards, orchards, mills, multures, parts, pendicles of all and sundry the aforesaid lands, with their pertinents; all and whole the town and lands of Edrom, with the manor place, houses, buildings, mills, multures, outsets, parts, pendicles of the same and all their pertinents; all and whole the lands of Broomhouse, with the manor place, houses, buildings, tower, fortalice, yards, mills of the same and all their pertinents; all and whole the lands of Horseley and Greenwood, with the whole teinds of the same included; the mains of Fast Castle or Wester Lumsden; Dowlaw; Duddoholme, alias Coldside; Old Town; New Town, with the mills, multures, fishings and whole teinds of the same included; with the castle and manor place of Fast Castle and with all their pertinents; the lands of Flemington called Nether Ayton, Redhall, Nether Byre, Broomlands and Gunsgreen, with the corn mill and waulk mill, mill lands of the same, multures, parts, pendicles and all their pertinents, with the whole teinds of the same included; the lands of Fairnieside and teinds of the same included; the lands of Lamberton, with the mills, parts, pendicles, annexes, connexes and pertinents of the same, with the whole teinds thereof included, all lying within the sheriffdom of Berwick; together with all other lands, crofts, tenements, acres, mills, woods, fishings, annualrents and others whatsoever which pertained of before to the said priory of Coldingham and temporality of the same wherever the same lie within the said kingdom of Scotland, with all and sundry castles, towers, fortalices, manor places, houses, buildings, yards, orchards, dovecots, mills, woods, fishings, outsets, parts, pendicles, annexes, connexes, tenants, tenancies and service of free tenants, feu ferms, annualrents, castle, wards, kanes, customs, casualties and duties whatsoever of all and sundry the aforesaid towns, lands and others specially and generally above-mentioned, and all their pertinents. And also, his majesty and estates aforesaid have dissolved and dissolve all and sundry the teind sheaves, other teinds, fruits, rents, revenues, emoluments and duties, as well parsonage as vicarage, of all and sundry the parish kirks underwritten pertaining to the said abbacy and priory of Coldingham, namely, all and sundry the teind sheaves and other teinds, parsonage and vicarage, of the kirk of Coldingham, the kirk of Ayton, the kirk of Fishwick, the kirk of Swinton, the kirk of Edrom, the kirk of Ednam, the kirk of Stichill, the kirk of Earlston, the kirk of Old Cambus, the kirk of Lamberton and also all and sundry the teind sheaves and other teinds, parsonage and vicarage, of the lands of Edrington with their pertinents, with all other kirks and teinds pertaining of old to the said priory and abbacy of Coldingham as spirituality thereof and patrimony of the said abbacy, and whereof the priors and commendators of the said abbacy and their convents have been in possession, wherever the same lie within the said kingdom, from the said abbacy and monastery of Coldingham and first foundation and erection thereof, and from all and whatsoever the said acts and statutes of parliament whereby the said priory of Coldingham, lands, kirks or teinds of the same, temporality or spirituality thereof, were annexed to his majesty's crown in any time bygone; and have suppressed and extinguished and, by the tenor of this present act, suppress and extinguish the name, title and memory of the said priory for ever, to the effect that his majesty may give, grant and convey to the said John Stewart, his heirs and assignees heritably all and sundry the aforesaid lands, baronies, mills, fishings, rents, kanes, customs, casualties, castle, wards, feu ferms, ports, harbour places, annualrents, crofts, acres and others specially and generally above-written, with their castles, towers, fortalices, manor places, houses, buildings, yards, orchards, dovecots, mills, woods, fishings, outsets, parts, pendicles, tenants, tenancies and service of free tenants, feu ferms, annualrents, kanes, customs, casualties and duties whatsoever, of all and sundry the aforesaid towns, lands, baronies and others specially and generally above-expressed, and all their pertinents, together with all and sundry the aforesaid teind sheaves, other teinds, fruits, rents, revenues, emoluments and duties of all and sundry the aforesaid parish kirks and parishes above-mentioned, parsonage and vicarage of the same, and all right, title, interest and claim of right which his majesty, his predecessors or successors had, has or in any way might have, claim or pretend thereto, or to any part of the same by any manner of way in time coming; and also to the effect the same may be erected, united, created and incorporated in a whole and free barony to be called now and in all time coming the barony of Coldingham, ordaining the manor place of Coldingham to be the principal messuage for taking of sasine thereat in all time hereafter; and that the said sasine shall be sufficient for all and sundry the aforesaid lands, baronies, mills, multures, woods, fishings, tenements, annualrents, crofts, acres, castles, towers, fortalices, manor places, houses, buildings, tenants, tenancies, service of free tenants, kirks, teinds and others generally and particularly above-mentioned, without any other particular sasine to be taken at any other place or part thereof, notwithstanding that they lie not contiguous together, to be held of our said sovereign lord and his majesty's successors in free blench ferm, fee and heritage for ever; paying thereof yearly the said John Stewart, his heirs and assignees aforesaid to our said sovereign lord and his majesty's successors the sum of 200 merks good and usual money of this realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm, if the same be asked only; and also paying to the present ministers serving the cure at the said kirks and their successors the yearly stipends after-rehearsed, each one of them for their own parts as is after-divided at the terms of payment used and wont, namely, to the minister serving the cure at the said kirk of Coldingham, three chalders of victual, half barley, half oatmeal, in addition to the vicarage of the said kirk; to the minister serving the cure at the said kirk of Ayton and kirk of Lamberton united and annexed thereto, four chalders of victual, half barley, half manured-land oats, with the whole vicarages, manse and glebes of the said kirks; to the minister serving the cure at the said kirk of Swinton, four chalders of victual, half barley, half manured-land oats, with the whole vicarage, manse and glebe of the said kirk; to the minister serving the cure at the said kirk of Edrom, four chalders of victual, half barley, half manured-land oats, with the whole vicarages of the said kirk; to the ministers serving the cure at the said kirk of Ednam yearly the sum of 500 merks, with the whole vicarage of the said kirk, with such other augmentations and duties as are already or shall hereafter be appointed by the commissioners and others having power of his majesty and estates of parliament to that effect. And because the said kirk of Stichill is united to the kirk of Home, which is a kirk of Kelso, and the said kirk of Fishwick is united to the kirk of Hutton, which is a kirk of the provostry of Dunglass, therefore his majesty and estates aforesaid decree and declare that the said John Stewart and his foresaids shall be only held to pay to the said ministers serving the cure at the said kirks the proportional parts of the said ministers' stipends following, namely: to the minister serving the cure at the said kirk of Stichill and kirk of Home united thereto, 22 bolls of victual, half barley, half manured-land oats, and £54 as his proportional part of the sum of 100 merks of augmentation augmented for the said united kirks of Home and Stichill by the lords commissioners of his majesty's last parliament, in addition to the vicarages, manses and glebes of the said kirks; and to the minister serving the cure at the said united kirks of Fishwick and Hutton, the sum of 300 merks as the proportional part of that yearly stipend of 600 merks provided to the minister serving the cure at the said united kirks of Fishwick and Hutton; and also furnishing the elements of bread and wine yearly to the celebration of the holy communion at the kirks above-written so often as said is shall require, and relieving the said ministers of all taxations and impositions whatsoever that may be imposed upon the said teinds, fruits and rents of the said kirks or for repairing of the same in time coming. And ordain an infeftment to be passed and completed hereupon to the said John Stewart and his foresaids in due and competent form as appropriate, without prejudice to [Adam Bellenden], bishop of Dunblane as dean of the chapel royal of his right to any duty due to the chapel royal out of the lands of Coldingham. And John Belches, for the lairds of Ayton and Blackadder, protested that the aforesaid act should not be prejudicial to their rights of any teinds or lands pertaining to Coldingham; and the said John Stewart, being present with Master Lewis Stewart, his procurator, protested in the contrary. And also Sir George Home, [Sir David Home], laird of Wedderburn and [John Home], laird of Renton gave in their protestations in writing, whereof the tenors follow:
[1621/6/81]*[print] [email] [cite] [preceding] [following]
In presence of my lord commissioner and estates of parliament, compeared Sir George Home of Manderston, knight, heritable proprietor of the lands of Flemington called Nether Ayton, Redhall, Nether Byre, Broomlands and Gunsgreen, corn and waulk mills and mill lands, multures, parts and pertinents thereof, with their teind sheaves included, the lands of Fairnieside, with the teinds thereof included, all lying within the barony of Coldingham and sheriffdom of Berwick, and protested that the dissolution of the priory of Coldingham, whole lands, kirks and teinds thereof made in this present parliament and erection and disposition thereof in favour of John Stewart, son to the late Francis [Stewart], sometime earl of Bothwell should in no way be hurtful nor prejudicial to the said Sir George Home of Manderston's infeftments, rights, titles and securities made to him and his predecessors of the aforesaid lands and teinds included, and to the late George [Home], earl of Dunbar, his author of the same, but that the same may remain to him and them good and valid in themselves, notwithstanding of the said dissolution and erection of the said priory made in favour of the said John Stewart as said is. And also protested that the aforesaid dissolution and erection might in no way be prejudicial to any right or title the said Sir George has to any other lands or teinds lying within the said abbacy and barony of Coldingham and sheriffdom of Berwick, but that the same may likewise remain to him good and valid in themselves, notwithstanding of the said dissolution and erection in favour of the said John Stewart as said is. And the said John Stewart, being present with Master Lewis Stewart, his procurator, protested in the contrary.
[1621/6/82]*[print] [email] [cite] [preceding] [following]
I, Sir David Home of Wedderburn, knight, for myself and in name and on behalf of George Home, my son, protest that whatsoever erection shall be passed and completed in this present parliament of the lordship of Coldingham in favour of John Stewart shall in no way be hurtful nor prejudicial to us and our heirs of our infeftments, tacks and rights of any lands, teinds and possessions pertaining to us, but that the same shall remain in the own full strength, force and effect in the same way as if the said erection had never been granted. And the said John Stewart, being present with Master Lewis Stewart, his procurator, protested in the contrary.
[1621/6/83]*[print] [email] [cite] [preceding] [following]
In presence of my lord commissioner and estates of parliament compeared John Home of Renton, heritable proprietor of the lands of Horseley and Greenwood, with all their teinds included, all lying within the barony of Coldingham and sheriffdom of Berwick, and protested that the dissolution of the priory of Coldingham, whole lands, kirks and teinds thereof made in this present parliament and erection and disposition thereof in favour of John Stewart, son to the late Francis [Stewart], sometime earl of Bothwell, should in no way be hurtful nor prejudicial to the said John Home of Renton, his infeftments, rights, titles and other securities made to him and his predecessors of the said lands and teinds included, and to the late George [Home], earl of Dunbar, his author of the same, but that the same may remain to him and them good and valid in themselves, notwithstanding of the said dissolution and erection of the said priory made in favour of the said John Stewart as said is. And the said John Stewart, being present with Master Lewis Stewart, his procurator, protested in the contrary.
[1621/6/84]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment granted by his majesty, with advice of his highness's collector general and treasurer of new augmentations for the time, to his majesty's trusty and well-beloved councillor Sir Richard Cockburn of Clerkington, knight, keeper of his highness's privy seal, and his male heirs specified therein, of all and whole the lands of Clerkington, with the manor places, houses, buildings, yards, orchards, corn mills and waulk mills thereof and all their pertinents lying within the parish and constabulary of Haddington and sheriffdom of Edinburgh, to be held of his majesty and his successors in free blench for payment of one penny upon the ground of the said lands at the feast of Whitsunday [May/June] yearly in name of blench ferm, if the same be asked only, notwithstanding that the said lands were held in feu ferm of before, dated at Royston, 19 January 1610, with the precept and instrument of sasine following thereupon, together with the act of his majesty's parliament held at Edinburgh, 23 October 1612, whereby his highness and estates ratified and approved the said charter and infeftment, precept and instrument of sasine following thereupon, and discerned the said act to be a sufficient dissolution for security to the said Sir Richard and his foresaids of the lands and others above-written, to be held blench of his majesty in all time coming in all and sundry heads, articles, clauses and circumstances thereof; and will and declare that this present general ratification is and shall be as sufficient as if the said charter, infeftment, precept and instrument of sasine and act were at length word by word inserted herein. And further, our said sovereign lord and estates aforesaid, for the causes specified in the said act, have of new dissolved and, by this act, dissolve the said lands of Clerkington, with the manor places, houses, buildings, yards, orchards, corn mills and waulk mills thereof and all their pertinents, and also have dissolved and, by this act, dissolve the lands of Spittalrigg with the pertinents from his majesty's crown and from all acts of annexation whereby the same are and have been annexed to his majesty's crown at any time heretofore; and specially from the act of parliament made in the month of September 1571, regarding the lands, rooms or possessions held of friars or nuns and from the general annexation of kirk lands made in the month of July 1587, to the effect the same may be conveyed by his majesty to the said Sir Richard, his male heirs and assignees, to be held of his highness and his successors in free blench for payment of one penny upon the ground of the said lands at the feast of Whitsunday yearly in name of blench ferm, if the same be asked only, notwithstanding that the same lands were held in feu ferm of before; and ordain charters and infeftments to be passed hereupon to the said Sir Richard and his foresaids in such due and competent form as appropriate.
[1621/6/85]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having seen and considered the infeftment made and given by his majesty under his highness's great seal of the date 14 August 1613 to his highness's trusty and familiar councillor Sir Robert Melville of Burntisland, knight, and Dame Jean Hamilton, lady Ross, his spouse, and their heirs mentioned therein of the town and lands of Letham and mill of Monimail, with the property, superiority and feu ferms of the said town, lands and mill, with their pertinents, lying within the sheriffdom of Fife, and of the lands of Monksmyre, and also of the lands and muir called Edensmuir, with their pertinents, and likewise of the manor place of Monimail, houses, buildings, yards and greens of the same; as also of the teind sheaves and other teinds, fruits and rents of the kirk and parish of Monimail, parsonage and vicarage thereof, and erecting and uniting all and sundry the aforesaid lands, teinds and others above-expressed in a free temporal barony called the barony of Monimail; and being ripely advised therewith, his majesty and estates aforesaid have ratified and approved and, by the tenor hereof, ratify and approve the aforesaid infeftment, disposition and erection therein contained in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and mentioned in the same and whole contents thereof; and decree and ordain the generality hereof to be as good, valid, effectual and sufficient in the self as if the said infeftment were at length word by word inserted herein, dispensing therewith by this ratification; and decree, declare and ordain the said Sir Robert and his said spouse and their heirs to have full right to the said lands and barony, mills, manor places, orchards, yards, muirs, teinds and others, their privileges and pertinents, to be possessed and enjoyed by them after the form and tenor of the said infeftment in all points.
[1621/6/86]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by his majesty under his highness's great seal to his majesty's trusty and well-beloved councillor Sir George Hay of Kinfauns, knight, clerk of his highness's register and rolls and one of his highness's secret council, his heirs and assignees whatsoever heritably of all and whole the lands and barony of Kinfauns, comprehending the lands and others after-mentioned, namely, all and whole the lands and lordship of Kinfauns and Pitsindie, with the mansion, manor place, houses, buildings, yards and orchards thereof; Over Kinfauns and remaining pendicles of the same; the lands of Goukton, Tilliehow, Ribnow, Haggishall, Muirhall, Windie Edge, Over Mains of Pitsindie, Kingswells, Pyperis Aiker, with the mill, mill lands, multures and sequels thereof, with all and sundry their parts, pendicles, cottages, annexes, connexes, dependencies and pertinents of the same whatsoever, with the fishings in the water of Tay, tenants, tenancies and service of free tenants and all their pertinents whatsoever lying within the sheriffdom of Perth as for the principal; and also all and whole the lands of Careston called Furdetoun, with the tower, fortalice, manor place, yards, orchards and all their pertinents; the lands of Nether Careston, with the corn and waulk mills of the same and their pertinents; the lands of Little Waterston, Bracklaw and Bollehillok, with tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents of the same lying within the sheriffdom of Forfar; and that in special clause of warrandice and security of all and whole the aforesaid lands and lordship of Kinfauns and Pitsindie, with the mansion, manor place, houses, buildings, yards and orchards thereof; Over Kinfauns and remaining pendicles of the same; the aforesaid lands of Goukton, Tilliehow, Ribnow, Haggishall, Muirhall, Windie Edge, Over Mains of Pitsindie, Kingswells, Pyperisaiker, with the mill, mill lands, multures and sequels thereof, with all and sundry their parts, pendicles, cottages, annexes, connexes, dependencies and pertinents of the same whatsoever, with the fishings in the said water of Tay, tenants, tenancies and service of free tenants and all their pertinents whatsoever lying as said is; and also in special clause of warrandice and security of all and whole the lands of Craigton, with the brewhouse, brewlands and fishings of the same called Pilgartheuch, Cambus Pool and Cruik, with all other fishings in the said water of Tay between the wood dyke of Kinnoull and limits or boundary of the lands of Little Seggieden in all parts within the aforesaid lands of Craigton, with all their pertinents lying in the lordship of Scone and within the said sheriffdom of Perth; and also all and whole the heritable office of keeping of the said water of Tay on both the sides of the water thereof within the whole bounds of the same, beginning at that part thereof called Drumlaw Sands to the head of the said water, with all fees, casualties, privileges and duties pertaining and belonging thereto specially mentioned in the said infeftment, all united, created and incorporated in a whole and free barony called the barony of Kinfauns, to be held of his majesty and his successors in free heritage and free barony for ever for payment of the yearly duty therein specified, of the date at Holyroodhouse, 20 July 1620, with the precept and instrument of sasine following thereupon, in all and sundry points, articles and clauses contained therein after the forms and tenors thereof. Likewise his majesty and estates aforesaid decree and declare that this present ratification and confirmation of the said infeftment, with the precept and instrument of sasine following thereupon, shall be as valid, effectual and sufficient in all respects as if the same infeftment, precept and instrument of sasine following thereupon were at length inserted in this present act of parliament.
[1621/6/87]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament ratify, approve and perpetually confirm the charter granted by his majesty for the causes therein expressed to his familiar clerk and trusty councillor Sir William Oliphant of Newton, knight, his highness's advocate, in liferent for all the days of his lifetime, and to Master James Oliphant of Muirhouse, advocate, before the lords of council and session of the kingdom of Scotland, his male heirs and assignees whatsoever in fee heritably, of all and whole the town and lands of Kildinny, with houses, buildings, tofts, crofts, parts, pendicles, outsets, cottages, privileges and commodities thereof whatsoever lying within the parish of Forteviot and sheriffdom of Perth; and of all and whole the lands of Collindreme and Maw, with the mill of Maw, mill lands and multures thereof lying within the sheriffdom of Fife, given in special warrandice and security of a part of the aforesaid town and lands of Kildinny; and also of all and whole the lands of Baldinnies, with tenants, tenancies and service of free tenants of the same, parts, pendicles and pertinents thereof lying within the sheriffdom of Perth, which whole lands specially above-rehearsed, with the salmon fishing in the water of Earn and commonty in and through the whole commonty of Forgandenny, with parts, pendicles, privileges and commodities thereof, are erected in a whole and free barony called the barony of Kildinny, and to the said Sir William in liferent and to Master William Oliphant, his second son, his male heirs and assignees whatsoever in fee heritably of all and whole the half lands and barony of Strathbrock, with the half mill thereof, advocation and donation of the kirk and chaplainry of Strathbrock, taking turns, with tenants, tenancies, service of free tenants thereof and their pertinents lying within the sheriffdom of Linlithgow, erected in a free barony called the barony of Strathbrock Oliphant, which charter contains a clause of novodamus and is given, granted and conveyed to be held of our said sovereign lord and his highness's successors in free blench ferm for payment of the blench ferm duty expressed in the same, with the precepts and instruments of sasine following upon the said charter, which is of the date at Newmarket, 4 February 1618, in all and sundry heads, points, articles, clauses, circumstances, conditions, privileges, liberties and immunities whatsoever contained in the forenamed charter; and will, declare, statute and ordain this present ratification to be of as great strength, force and effect as if the said charter, with the precepts and instruments of sasine following thereupon, whole tenors 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.
[1621/6/88]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, respecting and considering the good, true and thankful service done to his majesty by his trusty and well-beloved councillor Sir Andrew Hamilton of Redhouse, knight, one of the senators of the college of justice, in the public affairs in this realm in time bygone, and his majesty and estates aforesaid willing to encourage him and to give him occasion to continue in the like thankful service in time coming, therefore his majesty has ratified, approved and confirmed and, by the tenor of this present act, with advice and consent of his estates and whole body of this present parliament, ratifies, approves and perpetually confirms the charter and infeftment made and granted by his majesty, with advice and consent of his majesty's principal treasurer and comptroller, treasurer and comptroller depute and of the remaining lords commissioners within the said kingdom, under his majesty's great seal thereof, of the date at Newmarket in England, 20 February 1619, to the said Sir Andrew Hamilton, his male heirs and assignees whatsoever heritably, of all and whole the lands of Easter Spittal, alias Easter Redspittal, with the manor place thereof called Redhouse, houses, buildings, yards, orchards, tofts, crofts, meadows, outsets, parts, pendicles and pertinents thereof whatsoever; all and whole that husband land of the lands of Ballencrieff called Wester Bissetleyis; all and whole the half of the mains of Ballencrieff sometime pertaining to John Borthwick, portioner of Ballencrieff, with the corn mill built by the late Francis Borthwick, father to the said John Borthwick, upon the aforesaid half of the mains of Ballencrieff, with the multures and sequels of the said mill, with the mansion, yards, dovecots and meadows of the same, half lands and mains lying within the lordship of Ballencrieff, constabulary of Haddington and sheriffdom of Edinburgh; and also of all and whole the heritable office of bailiary of all and sundry the lands, mill and others above-written, with the whole liberties, privileges, casualties and commodities pertaining to the said office so far as concerns the lands, mill and others above-specified only, containing a new gift and disposition of the forenamed lands, mill and others above-mentioned and heritable office of bailiary thereof aforesaid, erecting, creating, uniting and incorporating the same in a whole and free barony to the said Sir Andrew, his male heirs and assignees, called the barony of Redspittal, with the precept of sasine under the testimony of the great seal and instrument of sasine given according to the said charter, and also the letters of procuratory of resignation made and granted by Robert Trotter, prebend of the prebendary of Redspittal, founded within the college kirk of Dunglass, with advice and consent of the provost and remaining prebendars of the said college kirk, and also with special advice and consent of James [Home], earl of Home, lord Dunglass, undoubted patron of the same college kirk, provostry and prebendars thereof, and of Dame Mary, countess of Home, his mother and tutrix testamentar for her interest, of all and sundry the lands of Redspittal, alias Wester Redspittal, with the manor place, houses, buildings, yards, orchards, dovecots, mill, multures, mill lands, meadows, parts, pendicles and all their pertinents, and of all and whole the lands of Coates, with parts, pendicles, annexes, connexes, and all their pertinents, which lands and feu ferm duties thereof were of before proper parts and pertinents of the patrimony of the said prebendary of Redspittal in the hands of the lords of secret council within the kingdom of Scotland, his majesty's commissioners having power and commission of his highness to receive all resignations in his majesty's name, together with all right, title, interest and claim of right whatsoever which the said prebend and provost or patron of the college kirk of aforesaid, or any of them, their heirs or successors, had, has or in any way may have claim or pretend in and to the lands and others above-written, property or superiority of the same or any part thereof, or to the mails, ferms, grassums, rents, profits and duties of the same in special favour of the said Sir Andrew Hamilton of Redhouse, knight, his male heirs and assignees. And to the effect that his majesty may dismember, dissolve and separate all and sundry the lands and others aforesaid from the said prebendary of Redspittal and college kirk of Dunglass and give, grant and convey the same to the said Sir Andrew and his foresaids heritably, to be held of his majesty and his successors in free blench for payment of one penny money of Scotland upon the ground of the said lands or any part thereof yearly at the feast of Whitsunday [May/June], if the same be asked only, of the date the 23, 27, 13 and 7 days of March, May, June 1621, with the instrument of resignation following thereupon; and also the bond of alienation and procuratory of resignation therein inserted, made and granted by John [Bothwell], lord Holyroodhouse of all and whole the teind sheaves of the lands called the East Outfieldland of Longniddry, pertaining heritably to the said Sir Andrew Hamilton, in favour of the said Sir Andrew, his male heirs and assignees aforesaid, to be held of his majesty and his successors in free blench for payment of one penny usual money of Scotland yearly at the feast of Whitsunday, if the same be asked only, with the instrument of resignation following thereupon, together with the charter under the great seal granted by our sovereign lord to the said Sir Andrew Hamilton and his foresaids of all and sundry the lands, manor places, mills and others respectively and particularly above-expressed, containing a new gift and disposition and a new union and erection of the same in a whole and free barony called the barony of Redhouse, with the precept of sasine under the testimony of the great seal given according to the aforesaid charter and instrument of sasine following thereupon in all and sundry heads, clauses, articles, provisions, conditions and circumstances of the said charters, procuratories, instruments, precepts and other writs and evidents before mentioned, specified and contained therein, after the forms, tenors and contents thereof in all points, with all that has followed or may follow thereupon. And our said sovereign lord and estates aforesaid decree, will and declare that this present ratification is and shall be as good, valid, effectual and sufficient in all respects to the said Sir Andrew Hamilton and his foresaids as if the same whole charters, procuratories, instruments and other writs and evidents were at length word by word inserted herein and expressly ratified, notwithstanding whatsoever acts, statutes, ordinances or constitution made or to be made in the contrary. Likewise his majesty and estates aforesaid, by the tenor of this present act, have dismembered, dissolved and separated and dismember, dissolve and separate all and whole the said lands of Redspittal, alias called Wester Redspittal, with the manor place, houses, buildings, yards, orchards, dovecots, mill, mill lands, multures, meadows, parts, pendicles and all their pertinents, and also all and whole the said lands of Coates, with parts, pendicles and pertinents thereof, which and feu ferm duties of the same were of before proper parts and pertinents of the patrimony of the said prebendary of Redspittal and pertained thereto before the resignation aforesaid from the said prebendary of Redspittal and college kirk of Dunglass aforesaid, to the effect the same lands respectively and feu duty thereof may be the more effectually established in the person of the said Sir Andrew and his foresaids; and if need be ordain a new charter and infeftment to be made and granted of the same to the said Sir Andrew Hamilton and his foresaids under his majesty's great seal, to be held of his highness and his successors in free blench for payment of one penny money of Scotland upon the ground of the said lands or any part thereof yearly at the feast of Whitsunday, if the same be asked only.
[1621/6/89]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the two infeftments respectively after-mentioned, namely, one of the said infeftments made, given and granted by his majesty under his highness's great seal to his majesty's trusty and well-beloved familiar servant John Murray of Lochmaben, his heirs and assignees whatsoever heritably of the lands and barony of Lochmaben, comprehending the lands, baronies and others particularly and generally after-specified, namely, the lands and barony of Lochmaben; the heritable office of custody and keeping of the castle and fortalice of Lochmaben; the heritable office of the stewartry of Annandale; the advocation, donation and right of patronage of the parish kirk of Lochmaben, parsonage and vicarage thereof; all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the parish kirks and parishes of Redkirk and Graitney, with their pertinents; the lands and barony of Ericstane; the advocation, donation and right of patronage of the parish kirk of Wamphray, parsonage and vicarage thereof; the lands and barony of Broughton; the castle-stead of Falkland; office of forester of Falkland and of all woods, meadows, thickets and deers thereof; the office of building and upholding of the said walls, dykes and fences of the said meadow and woods with the fees, casualties, profits and duties pertaining and belonging to the said office; all and whole the six merk land of the mains of Lincluden, the six merk land of Crochane, alias Carrowchane, with the mill of Stakeford and certain other lands which pertained of old to the provostry of Lincluden; the advocation, donation and right of patronage of the parish kirk of Annan, parsonage and vicarage thereof, together with certain other lands, baronies, kirks, teinds, offices and others mentioned in the said infeftment, which is of the date at Whitehall, 4 March 1617; and the other of the said infeftments made, given and granted by his majesty under his highness's great seal to the said John Murray of Lochmaben, his heirs and assignees aforesaid, of the lands and barony of Holywood, comprehending the lands, kirks, teinds and others particularly and generally therein mentioned, which pertained of old to the abbacy of Holywood, spirituality and temporality thereof, which infeftment is of the date at Whitehall, 9 April 1618, together with the precepts and instruments of sasine following upon the said infeftments respectively in all and sundry heads, articles, clauses and conditions therein contained after the forms and tenors thereof; and statute and ordain this present ratification to be as valid, effectual and sufficient in all respects as if the infeftments respectively above-specified, precepts and instruments of sasine following thereupon were at length and word by word inserted herein. And further, our said sovereign lord and estates aforesaid, for the good, true and thankful service done to his majesty by the said John Murray in attending upon his majesty's sacred person continually since his majesty's youth, which service his majesty and estates aforesaid have tried and found to have been very profitable to his majesty and to this realm and lieges thereof and worthy of remuneration, therefore his majesty and estates aforesaid have dissolved and dissolve all and sundry the baronies, offices, kirks, teinds, with the advocations, donations and right of patronages and others mentioned and contained in the said two infeftments, and likewise all and sundry the lands and others after-specified, namely, the eight merk land of Hilmanis, with the tower, fortalice, manor place, mill thereof, mill lands, multures and sequels of the same; the advocation, donation and right of patronage of the parish kirk and parish of Little Dalton, parsonage and vicarage thereof; the forty shilling land of [...]; fourteen acres of the eight merk land of Auldton; the two merk, six shilling, eight penny land in the town of Ruthwell, with the salt-houses thereof; the lands of Kirkstyle; the lands of Raffles, Robbiewhat and Howthat; the mill of Meikle Dalton, mill lands, multures and sequels thereof, with the advocation, donation and right of patronage of the parish kirk and parish of Meikle Dalton, parsonage and vicarage thereof; the forty shilling land of Copewood; the forty shilling land of Bengallhill, with their manor places, houses, buildings, yards, orchards, mills, mill lands, multures and sequels thereof, woods, fishings, tenants, tenancies and service of free tenants, annexes, connexes and outsets, parts, pendicles and pertinents of the same whatsoever lying within the said stewartry of Annandale; the tenements, houses and yards lying beside the Bridgend of Dumfries which pertained of old to the sacrists and prebendaries of the college kirk of Lincluden, lying within the stewartry of Kirkcudbright; and all and whole the five pound land of Traquair, with the annexes, connexes, parts, pendicles and pertinents thereof, lying within the stewartry of Kirkcudbright, from his majesty's crown and patrimony thereof and from all acts of annexation made by his majesty or his highness's predecessors whereby the lands and others aforesaid, or any part thereof, were annexed to his majesty's crown and from all abbacies and benefices whereunto the same was annexed or pertained of before, to the effect his majesty may give, grant and convey the same to the said John Murray and the male heirs lawfully procreated or to be procreated of his own body; which failing, to his heirs whatsoever lawfully procreated or to be procreated of his own body; which failing, to his nearest and lawful male heirs bearing the surname and arms of Murray and their assignees whatsoever heritably, together with all right, title, interest and claim of right which his majesty, his highness's predecessors or successors had, have or in any way may have or claim thereto, or any part thereof, in time coming; to be held of his majesty and his successors in form and manner as follows, namely, the lands, baronies, kirks, offices, teinds and others contained in the said two infeftments to be held of his majesty and his successors in form and manner and for payment of the duties mentioned in the said two infeftments respectively, and the remaining particular lands and others above-mentioned to be held of his majesty and his successors in free blench for the yearly payment of the sum of 40s at the feast of Whitsunday [May/June] in name of blench ferm. And also his majesty and estates aforesaid have excepted and, by this ratification, except the rights and infeftments made and granted by his majesty to the said John Murray of the advocation, donation and right of patronages of the aforesaid kirks of Lochmaben, Wamphray and Annan, parsonages and vicarages thereof, and of all other kirks and teinds mentioned in the said infeftments from the act of parliament made in the month of June 1593, entitled 'Regarding infeftments given by his majesty with new right of patronage', and declare the said act of parliament in no way to be extended to the infeftments, rights and titles made by his majesty to the said John Murray of the said kirks and right of patronages thereof at any time preceding the date of this ratification, but that the said infeftments and rights made and granted by his majesty to the said John Murray of the said kirks and rights of patronages thereof are and shall be as valid, effectual and sufficient in all respects as if the same had been made and granted by his majesty with consent of the titulars thereof for the time; concerning which his majesty and estates aforesaid dispense for ever.
[1621/6/90]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, estates and whole body of this present parliament ratify, approve and perpetually confirm the charter and infeftment given and granted by his majesty to his highness's trusty and familiar servant John Livingstone of Kinnaird, his male heirs and of tailzie therein expressed heritably, of all and whole the lands and barony of Kinnaird, with castles, towers, fortalices, manor places, orchards, yards, mills, woods, fishings, parts, pendicles, annexes, connexes, dependencies, advocation, donation, right of patronage and others particularly and generally specified and contained in the said infeftment, with tenants, tenancies, service of free tenants thereof and all their pertinents; and also of all and whole the parish kirk of Kinnaird, with all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the said parish kirk and whole parish thereof lying within the sheriffdom of Perth, all erected in a free barony called the barony of Kinnaird; which charter contains a clause of novodamus and is made, given, granted and conveyed to be held of our said sovereign lord and his highness's successors in taxed ward for payment of the taxed ward duty therein expressed, with the precept and instrument of sasine following upon the said charter, which is of the date at Hinchingbrooke, 6 December 1618, in all and sundry heads, points, articles, clauses, circumstances, conditions, privileges and immunities whatsoever contained in the forenamed charter; and will, declare, statute and ordain this present ratification to be of as great strength, force and effect as if the said charter, with the precepts and instruments of sasine following thereupon, whole tenors 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.
[1621/6/91]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the lands and living of Scougall lying within the lordship of Tyninghame, sheriffdom of Edinburgh and constabulary of Haddington, now pertaining heritably and irredeemably to his highness's right trusty and well-beloved servant John Auchmuty of Scougall, one of the grooms of his majesty's bedchamber, are and were held of old of the archbishops of St Andrews and their successors in free blench for payment yearly of the sum of 20s usual money of Scotland at Whitsunday [May/June] and Martinmas [11 November] by equal portions in name of blench ferm only, and his majesty and estates, considering that the tower and fortalice of Scougall, whole houses and buildings thereof were burnt by a sudden fire by the space of 30 years since or thereby, by the which fire the whole charters and evidents for the most part of the said lands and living of Scougall, being within the said tower and fortalice thereof, were burnt and destroyed; and his majesty and estates being always willing that the want and lack of the said old evidents and writs shall infer no hurt nor prejudice to the said John Auchmuty, his heirs nor successors, therefore his highness and estates aforesaid have ratified, approved and confirmed and, by the tenor hereof, ratify, approve and confirm all and sundry infeftments, charters, precepts, instruments of sasine, confirmations, resignations and other writs, rights, titles and securities whatsoever made and granted to the said John Auchmuty of Scougall, or any others his predecessors and authors of the said lands and living of Scougall, with the tower, fortalice, links, rabbit warrens, dovecots, pasturage, parts, pendicles and all their pertinents by whatsoever person or persons in all time bygone, in the whole heads and conditions thereof, and in special, without prejudice of the general ratification aforesaid, his majesty and estates ratify and approve the charter and infeftment granted by the right reverend father in God, the late George [Gledstanes], archbishop of St Andrews, with consent of the chapter thereof for the time, to the late John Scougall, sometime of that Ilk, his male heirs and assignees whatsoever heritably, of all and whole the said lands of Scougall, with the tower, fortalice, houses, buildings, dovecot, yards, rabbit warrens and whole pertinents, privileges and commodities thereof, as well by sea as land within the old bounds and marches of the same, and with liberty in the common muir of Tyninghame to pasture goods and to cast fuel thereupon, and other duties pertaining to the said commonty, with all their pertinents, to be held of the said late Archbishop of St Andrews and his successors in free blench for payment of the said sum of 20s usual money of Scotland at Whitsunday and Martinmas in name of blench ferm only, which infeftment is of the date at St Andrews, 25 April 1607, together with his majesty's confirmation passed thereupon under the great seal of the date 18 June 1612; together also with the contract, charter and infeftment made and given by the said late John Scougall, sometime of that Ilk, of the said lands and living of Scougall and others aforesaid to the said John Auchmuty, his heirs† and assignees whatsoever heritably and irredeemably, and with the charter and infeftment of resignation made and granted by the said late George, archbishop of St Andrews to the said John Auchmuty, his heirs and assignees of the said lands and living of Scougall and others above-written, with their pertinents, proceeding upon the resignation of the said late John Scougall of that Ilk, likewise holding of the said late archbishop and his successors in free blench for payment of the said sum of 20s in name of blench ferm only, which infeftment of resignation is of the date 12 June 1613; together with the whole instruments of sasine and other rights and securities following upon the said infeftments respectively in the whole heads, clauses and circumstances thereof with all that has followed or may follow thereupon. And his majesty and estates declare, decree and ordain that this present ratification and confirmation shall be as valid, effectual and sufficient to the said John Auchmuty, his heirs and successors for possessing and enjoying of the said lands and living of Scougall with the pertinents as if all and sundry the said infeftments, charters, instruments of sasine, contracts, procuratories and other rights, titles and securities particularly and generally aforesaid were specially and expressly inserted herein; regarding the which, and all inconveniences that may follow thereupon, and with the lack and want of the said evidents, his majesty and estates aforesaid have dispensed and dispense by this ratification. And also declare that the want and lack of the said old and original evidents of the said lands shall be no cause of quarrelling, annulling and impugning of the said John's present rights and securities thereof, but that the said John's present rights and securities of the same, with the said charter and infeftment granted to the said late John Scougall, sometime of that Ilk, his authors thereof, shall remain, abide and be as sufficient to the said John and his foresaids as if the said principal and original evidents were extant; and that the said infeftment granted to the said late John Scougall, sometime of that Ilk, is and shall be from this time forth reputed and held the original infeftment of the said lands, and the production thereof shall serve the said John, his heirs and successors in place of the whole old evidents and writs burnt and destroyed as said is, which old burnt evidents and writs the said John nor his foresaids shall in any way be held to exhibit nor produce in any judgement at any time hereafter.
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Our sovereign lord and estates of this present parliament ratify, approve and confirm the particular and several charters and infeftments underwritten made and granted by his highness's most noble progenitors under their great seal to and in favour of the provost, bailies, council and deacons of crafts and community of the burgh of Edinburgh for the time and their successors for ever, of all and sundry lands, offices, customs, liberties and others particularly therein contained, that is to say: the charter made and granted by the late Robert, king of Scotland, under his great seal to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors of the burgh of Edinburgh, port of Leith and pertinents thereof, to be held of our sovereign lord and his highness's successors in manner contained in the said charter of the date at Cardross, 28 May, and of his reign the 24th; and also the charter granted by the late King James III of famous memory under the great seal to the said provost, bailies, council and community of the said burgh of Edinburgh of the office of sheriffship within the said burgh and liberties thereof, with all and sundry other privileges and immunities therein contained, of the date 16 November 1482, to be held as is therein contained; and also the charter granted by the said late King James III of famous memory to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors for ever, of all and sundry customs of the port of Leith and anchorage of the same more at length particularly inserted therein, to be held of his highness and successors in manner therein contained, of the date the aforesaid 16 November 1482; and also a charter and infeftment granted by the late Sir Robert Logan of Restalrig, knight, under his seal to the said provost, bailies, council and community of the said burgh of Edinburgh of all and sundry the passages and ways leading to and from the port and harbour of Leith, containing also sundry other liberties, privileges and immunities therein contained, to be held in manner therein specified of the date 31 May 1398; together with the charter of confirmation made and granted by the late King James IV of famous memory under the great seal to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors of the aforesaid two charters particularly above-written made by the said late King James III of famous memory and the said Sir Robert Logan's charter made by the said late Sir Robert Logan to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors, which is of the date at Stirling, 9 March 1510 [1511]; and also the charter made and granted by the late King James IV, his highness's [great]-grandfather, under his great seal to the said provost, bailies, council and community of the said burgh of Edinburgh for the time and their successors, of all and whole the lands and harbour of Newhaven lying and bounded as is therein contained, with the harbour silver, other profits and duties thereto appertaining, with all and sundry liberties and immunities therein contained, to be held in manner therein specified of the date at Stirling, 9 March 1510 [1511]; and also ratify, approve and confirm the charter made and granted by his highness's late dearest mother after her perfect age complete under the great seal to and in favour of the provost, bailies, council and deacons of crafts and community of the burgh of Edinburgh and their successors of all and whole the superiority of all and whole the town of Leith, with the pertinents, as well inhabitants and indwellers within the same as of the houses, tenements, annualrents, links, orchards, profits, duties, services, tenants, tenancies and service of free tenants of the same and all their pertinents, more at length mentioned and set down in the said infeftment of the date 4 October 1565, to be held in manner therein contained in all and sundry points, passages, heads, articles, clauses, conditions, privileges, liberties and immunities and other circumstances whatsoever therein contained, after the form and tenor thereof. And also our said sovereign lord and estates aforesaid ratify and approve our sovereign lord's letters under his highness's great seal given to his late right trusty councillor Sir John Maitland of Thirlestane, knight, his majesty's chancellor and secretary, making him and his heirs his highness's undoubted cessioners and assignees in and to the letters of reversion made by the said provost, bailies, council and community of the said burgh of Edinburgh to our said sovereign lord's late dearest mother, her heirs and successors for redemption from them of the said superiority of the town of Leith alienated by our said sovereign lord, his dearest mother, under reversion of the sum of 10,000 merks usual money of this realm, as at more length is contained in the said assignation of the date 27 July 1587; together with the act of parliament ratifying and approving the same, of the date 29 July the year of God aforesaid; together with the renunciation of the said reversion made by John [Maitland], lord Thirlestane, son and heir of the said late Sir John Maitland, lord chancellor, with advice and consent of Sir Richard Cockburn of Clerkington, knight, his tutor testamentar, in favour of the said provost, bailies, council, deacons of crafts and community of the said burgh of Edinburgh, of the date 28 December 1604; together with the ratification of the same discharge and renunciation of the reversion made by the said John, lord Thirlestane to the said provost, bailies, council, deacons of crafts and community of the said burgh of Edinburgh, 24 November 1614; together with the charter granted by his majesty under the great seal to the said provost, bailies, council and community of the said burgh of Edinburgh of the jurisdiction of the port and harbour of Leith, with the liberty of the primegilt to be uplifted for sustentation of the poor and decayed mariners within the said town of Leith, with all and sundry liberties, privileges and immunities therein contained, to be held in manner therein contained, of the date above-written. And also ratify, approve and confirm a charter granted by our said sovereign lord under his great seal to the said provost, bailies, council and community of the said burgh of Edinburgh of all and whole that part of the lands of Highriggs, containing 10 acres of land or thereabouts, lying bounded, containing and to be held in manner contained in the said charter, of the date 30 July 1618, in all and sundry passages, heads, articles, clauses, conditions, privileges, immunities and other circumstances whatsoever contained in the charters, infeftments, acts and others particularly above-specified, and every one of them, after the form and tenor thereof. Likewise his majesty and estates aforesaid statute and ordain that this present ratification is and shall be valid, effectual and sufficient in all respects as if the aforesaid whole charters, infeftments, acts and others above-written of the dates respectively above-specified were at length word by word engrossed in this present act. And also, his majesty and estates aforesaid will, grant, statute and ordain that the aforesaid charters, infeftments, acts and others particularly above-specified and this present ratification thereof are and shall be good, valid, effectual and lawful rights and securities to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors for possessing and enjoying of the said burgh of Edinburgh, mills thereof, ports, harbour of Leith and Newhaven, bounds of the same, ways and passages leading to and from the same through the bounds of Restalrig, and of the said superiority of Leith, and of the said office of sheriffship and justiciary of peace within the said burgh of Edinburgh, town of Leith, port of Leith and Newhaven, and liberties thereof, and other bounds particularly above-expressed, jurisdiction of the said port and harbour of Leith, together with the primegilt to be uplifted to the use aforesaid, and of the said 10 acres of land or thereabouts; ordaining the clerk register and his deputes to extend an act of parliament hereon and to insert and engross therein, either jointly or severally, the whole charters above-specified in ample form. Likewise his majesty, with the advice of the estates of this present parliament, of new gives, grants and conveys to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors the said burgh, port and harbour of Leith and Newhaven, bounds of the same and passages leading to and from the same burgh through the said lands of Restalrig, and also the said superiority of Leith, and also the said office of sheriffship and justiciary of peace within the said burgh of Edinburgh, town of Leith, port of Leith and Newhaven and liberties thereof and other bounds particularly above-expressed, jurisdiction of the said port and harbour of Leith, together with the primegilt to be uplifted to the use aforesaid, with the said 10 acres of land with the Highriggs, with as ample liberties, privileges and immunities as are contained in the particular charters, infeftments, acts and others above-specified, to be held of his majesty and his successors in manner contained and expressed in the several infeftments and titles above-specified. And for their further securities, his majesty and estates have dissolved and dissolve the said whole burgh, ports, harbours, offices, primegilt and 10 acres of land and others particularly above-specified from his majesty's crown and from all acts of parliament made relating thereto, in so far as the same or any part thereof is or may appear to have been annexed thereto in any time bygone, to the effect particularly above-specified; and annul all and whatsoever acts and statutes which may be prejudicial or derogatory to the premises, and, if need be, ordain new charters and infeftments to be completed thereupon, without prejudice of the whole remaining royal burghs, their whole right, liberties and immunities used and wont according to the law.
[1621/6/93]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the particular and several gifts underwritten made and granted by his majesty under his great seal to and in favour of the provost, bailies, council, deacons of crafts and community of the burgh of Edinburgh for the time and their successors for ever, of all and sundry offices, customs, liberties and others particularly therein contained; that is to say: the gift made and granted by our sovereign lord under his great seal to the provost, bailies, council and community of the said burgh of Edinburgh of bearing a sword before the provost of Edinburgh within the liberties of the said burgh, riding of the marches of the same, of the office of justiciaries of peace in manner contained therein, and of all and sundry other liberties and immunities therein specified, of the date at Whitehall, 10 November 1609; and also the gift of justiciary of peace granted by our said sovereign lord to the said provost, bailies, council and community of the said burgh of Edinburgh within the town of Edinburgh and Leith and bounds therein contained, of the date at Hampton Court, 29 September 1612; and also the gift granted by his majesty to the said provost, bailies, council and community of the said burgh of Edinburgh of all fines and amercements pertaining to the office of sheriffship and justiciary of peace within the bounds of their sheriffdom and justiciary of peace, of the date at Whitehall, 17 April 1613; and also the letters of gift granted by his majesty under the great seal to and in favour of the said provost, bailies, council and community of the said burgh of Edinburgh and their successors of the custom and excise of the sum of £4 usual money of Scotland of each tun of wine to be tapped, vented and sold in small amounts within the said burgh, liberty and jurisdiction thereof to be uplifted by them, their treasurers, collectors and others in their names from the vintners, publicans and sellers thereof in all time coming, of the date at Whitehall, 10 November 1609; together with the ratification of the said gift and new disposition of the said custom and excise of £4 of each tun of wine to be tapped, vented and sold in small amounts within the said burgh, liberty and jurisdiction thereof and within the town of Leith in all parts of the same on the south side of the water of Leith, to be uplifted from the vintners and publicans of the said wine in all time coming, of the date at Hampton Court, 25 September 1612; and also the gift and privilege granted by our said sovereign lord under the quarter seal to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors of erecting of a weigh-house at the over tron of this burgh, with sundry liberties, privileges and immunities and duties therein contained, of the date at Royston, 9 December 1611; and also ratify, approve and confirm the gift made and granted by our said sovereign lord under his great seal to the said provost, bailies, council and community of the said burgh of Edinburgh of the jadgerie of salmon, herring and white fish packed and peeled within the kingdom of Scotland, of the date 18 October 1618; and also ratify, approve and confirm a gift granted by our said sovereign lord under his great seal to the said provost, bailies, council and community of the said burgh of Edinburgh of making of them overseers of all works and visitors, searchers, inspectors and sealers of all cloth, stemming, stuffs and stockings made in their said burgh, the town of Leith and sheriffdom of Edinburgh in manner contained in the said gift, containing diverse and sundry other liberties, immunities and duties, of the date 8 March 1621, in all and sundry passages, heads, articles, clauses, conditions, privileges, immunities and other circumstances whatsoever contained in the gifts and others particularly above-specified, and every one of them, after the form and tenor thereof. Likewise his majesty and estates aforesaid statute and ordain that this present ratification is and shall be as valid, effectual and sufficient in all respects as if the aforesaid whole gifts and others above-written of the dates respectively above-specified were at length word by word engrossed in this present act. And also, his majesty and estates aforesaid will, grant, statute and ordain that the aforesaid gifts and this present ratification thereof are and shall be good, valid, effectual and lawful rights and securities to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors for possessing and enjoying of the particular gifts respectively above-specified, ordaining the clerk register and his deputes to extend an act of parliament hereupon and to insert and engross therein, either jointly or severally, the whole gifts above-specified in ample form. Likewise his majesty, with the advice of the estates of this present parliament, of new gives, grants and conveys to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors the particular gifts containing the several privileges, liberties and immunities contained in the same gifts and others above-specified, to be held of his majesty and his successors in manner contained and expressed in the several gifts above-specified. And for their further security, his majesty and estates have dissolved and dissolve the aforesaid whole gifts and others particularly above-specified from his majesty's crown and from all acts of parliament made relating thereto in so far as the same, or any part thereof, is or may appear to have been annexed thereto in all time bygone, to the effect particularly above-specified; and annul all and whatsoever acts and statutes which may be prejudicial or derogatory to the premise, and, if need be, ordain new gifts to be completed thereupon, without prejudice to the town of Aberdeen of their right of the jadgerie and measure of salmon according to an act of secret council conceived in their favour; as also without prejudice to the whole remaining burghs royal within this kingdom of all their freedoms, privileges and immunities due to them and which they have heretofore enjoyed, which are in no way hereby derogated.
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Our sovereign lord and estates of this present parliament, considering that his majesty, with advice of the lords of his highness's secret council, for the good and thankful service done to his highness and his most noble progenitors by the provost, bailies, council and community of the burgh of Edinburgh and for the great zeal which his majesty carried to see the youth trained up in learning and virtue, gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors licence and liberty to erect a college and build and repair sufficient houses and places for reception of professors of human letters and tongues of philosophy, theology, medicine, the laws and of all other liberal sciences, and to erect and choose sufficient professors for teaching the said professions; and to that effect, gave, granted and conveyed to them and their successors the provostry of the Kirk o' Field with the lands, tenements, fruits, possessions, rents, duties and pertinents of the same, as at more length is contained in the charter and infeftment granted to them thereupon under his highness's great seal of the date at Stirling, 14 April 1582. Likewise, according thereto, the said provost, bailies and council of Edinburgh built, edified and repaired a great lodging, together with the manse and houses of the said provostry of the said Kirk o' Field to the use of a college for profession of philosophy, theology and humanity, which college has continually since flourished now by the space of 35 years; and his majesty, shortly after the building and edifying of the said college, namely, in the month of [...] 1584, considering the said provost, bailies, council and community of the said burgh of Edinburgh had bestowed great charges and expenses in erection of the said college, building of houses and had endowed great sums of money for maintenance of professors of humanity, philosophy and theology within the same, for instructing of the youth therein, gave, granted and conveyed to the said provost, bailies, council and community of the said burgh to the use of the said college and for sustentation of the rector and regents within the same all and whole the archdeanery of Lothian, containing therein the parsonage of Currie, with manse, glebe, kirk lands, teinds, fruits, rents, profits and duties of the same, as at more length is contained in the charter granted thereupon of the date 4 April 1584 under his highness's great seal. Likewise his majesty, considering the great charges and expenses disbursed by the said provost, bailies, council and community of the said burgh of Edinburgh in erection of a hospital upon maintenance of their ministry and college aforesaid, gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors all and whole the provostry of the Trinity College, lands, houses, rents, kirks, teinds, other fruits, rents and emoluments thereto annexed, more at length contained in the said charter under his highness's great seal of the date 26 May 1587. Likewise his majesty, after his perfect age of 21 years complete, by his letters patent under his great seal, ratified, approved and confirmed the aforesaid charters of the contents, dates respectively aforesaid, as at more length is contained in the charter of confirmation of the same under his highness's great seal of the date 29 July 1587. Likewise his majesty, by his new charter under his highness's great seal, of new gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors, for maintenance of the said college, ministry and hospital, all and whole the aforesaid provostry of the Trinity College, with other certain benefices, kirk lands, teinds, annualrents, tenements and others more at length set down in the said charter and infeftment to be held in manner therein contained, which is of the date at Belvoir Castle, 7 August 1612. Likewise his majesty, considering that sundry and diverse godly and well-disposed persons have endowed and mortified diverse and sundry great sums of money to the use of the said college and for sustentation of professors of humanity, theology and certain bursars within the same, and his majesty, out of his gracious love, affection and royal care which he bears to the growth and increase of learning within this realm, and specially within the said burgh of Edinburgh, being his majesty's principal town and burgh within this his kingdom, being most willing that the former gifts and particulars granted thereto be confirmed and all further immunities granted thereto in as ample form as any other college has or possesses within this realm, therefore his majesty, with advice of the estates of the present parliament, ratifies and approves the aforesaid infeftments granted by his majesty under his highness's great seal, together with the erection of the said great lodging, manse and house of the Kirk o' Field in a college for profession of theology, philosophy and humanity, together with the aforesaid mortifications made by his majesty either to the use of the college or to the use of the ministry and hospital of the said burgh, in all and sundry points, passages, heads, articles, conditions, privileges, immunities, liberties and other circumstances whatsoever therein contained, after the form and tenor thereof. Likewise his majesty and estates aforesaid statute and ordain that this present ratification is and shall be as valid, effectual and sufficient in all respects as if the aforesaid infeftments of the dates respectively above-written were at length and word by word engrossed in this present act. And also his majesty and estates aforesaid will, grant, statute and ordain that the aforesaid charters and this present ratification of the same are and shall be good, valid, lawful and effectual rights and securities to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors for possessing and enjoying of the lands, benefices, teinds and for erection of the said college and all other privileges, liberties and commodities contained in the said charters in all time coming after the form and tenor thereof; ordaining the clerk register and his deputes to extend an act of parliament hereupon and to insert and engross therein the charters above-specified in more ample form. Likewise his majesty, of his princely and royal favour and for good service done to him by the said provost, bailies, council and community of the said burgh of Edinburgh, and for their further encouragement on repairing and re-edifying of the said college and placing therein sufficient professors for teaching of all liberal sciences, ordaining the said college in all time to come to be called King James College, and also with advice of the said estates, has of new again given, granted and conveyed to them and their successors in favour of the said burgh of Edinburgh, patrons of the said college and of the said college and of the rectors, regents, bursars and students within the same, all liberties, freedoms, immunities and privileges appertaining to a free college, and that in as ample form and large manner as any college has or holds within this his majesty's realm; and, if need be, ordains a new charter to be completed under his highness's great seal for erecting of the said college with all liberties, privileges and immunities which any college within this realm possesses, enjoys or is known to appertain to the same. And for their further security, his majesty and estates have dissolved and dissolve the aforesaid whole gifts and others particularly above-specified from his majesty's crown and from all acts of parliament made relating thereto in so far as the same or any part thereof is or may appear to have been annexed thereto in time bygone to the effect particularly above-specified, and annul all and whatsoever acts and statutes which may be prejudicial or derogatory to the premise, and, if need be, ordain new gifts to be completed thereupon.
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Our sovereign lord and estates of parliament, considering that there are some parts of the burgh of Edinburgh within the ports of the same whereof the inhabitants and indwellers have in time bygone been reputed and held parishioners of the parishes of St Cuthberts Church and Holyroodhouse, albeit they dwelt within the ports and jurisdiction of the said burgh of Edinburgh, and that by the same division of the inhabitants of the said burgh from the ordinary parish churches thereof there has occasion been given in time bygone to many insolencies, the inhabitants of those parts thereof which were of before of the parish of St Cuthberts and Holyroodhouse not yielding their due obedience to the ordinary pastors of the said burgh, but resorting in time of divine service and at all other occasions to their said several parishes outwith the jurisdiction and ports of the said burgh, which has bred great disturbance to the policy and discipline of the church established there and whereby there ensues also heavy damage and hurt to the burgh of Edinburgh, being the chief burgh of the kingdom. For remedy hereof, our said sovereign lord, with advice and consent of the estates of this present parliament, statutes and ordains that the inhabitants within the ports of the said burgh of Edinburgh shall in all time coming be subject under the government of the pastures and sessions of the churches of the same burgh and astricted to the discipline thereof as ordinary parishioners of the same, and therefore our said sovereign lord and estates of parliament have dismembered and disjoined those parts of the aforesaid burgh lying within the ports thereof and which were of before of the said parishes of St Cuthberts churches and Holyroodhouse from the same kirks and parishes of St Cuthberts and Holyroodhouse, and unite, annex and incorporate the same to the parish kirks of the aforesaid burgh of Edinburgh, to remain therewith as a part of the parishes thereof. And ordain and appoint the inhabitants of those parts of the said burgh now united thereto to resort and repair to the parish kirks of Edinburgh to be served thereat proportionally as they dwell and lie nearest and most convenient to the said kirks whereunto they are now incorporated as their own parish kirks; and find, decree and declare that the said inhabitants of those parts of the said burgh of Edinburgh, now united to the parishes thereof, shall be subject to the ordinary pastures and discipline of the said parish kirks of the same burgh as the rest of the inhabitants of the same in all times hereafter.
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Our sovereign lord and estates of this present parliament find and declare that no ratification granted in this parliament in favour of the town of Edinburgh or any burgh within this realm shall be prejudicial in any way to the king's majesty's castles and palaces and houses and to the lands, rents and duties belonging thereto, or to the captains and keepers of the said castles and their servants, whole privileges and immunities presently enjoyed and possessed by them.
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We, skippers of Leith under-subscribing, for ourselves and in name of the rest of the skippers and sailers, inhabitants of Leith, who have the right and profession these many years bygone past memory of man of the right of collection and distribution to the poor, distressed seafaring people of the primegilt within the port of Leith, by virtue of his majesty's and his predecessors' right under the great seal conveyed to us and our predecessors, protest that whatsoever gift or infeftment is or shall be granted and purchased by the burgh of Edinburgh, provost, bailies, council and community thereof, or any others whatsoever, of the said primegilt which is desired to be ratified in this present parliament, shall not prejudice our former rights granted to us thereupon, but that the same may be reserved according to the law. Likewise we also protest that no other right, gift, article or provision now to be ratified shall prejudice us of our rights, liberties, and privileges granted to us by his majesty and his predecessors. And this our protestation, we humbly entreat my lord commissioner, his grace, and the remaining honourable estates of this parliament to consider, that all ratification of gifts, rights and dispositions prejudicial to us may be impeded.
[1621/6/101]*[print] [email] [cite] [preceding] [following]
My lord commissioner, to your highness and lords of articles convened in this present parliament, humbly means and complains the commissioners nominated for the royal free burghs on either side of the water of Forth upon the provost, bailies and magistrates of the burgh of Edinburgh, who, according to their customable manner, seeking their own advantage, to the hurt and detriment of their neighbours, have lately within these three years or thereby purchased a new charter and infeftment under his majesty's great seal regarding the visiting, searching, destroying, burning, gauging and marking of barrels packed with herring and white fish slain on either side of the water of Forth and remaining sea coasts of the whole realm of Scotland, with full power to the said magistrates of Edinburgh and their successors to appoint visitors, searchers and other officers for bringing in and uplifting the whole commodity and profit arising thereby to the well and exaltation of the said burgh of Edinburgh only; which charter, as we are informed, they intend to have ratified and approved by your highness and lords in this present parliament against all equity and reason, in regard that the said new charter and liberties contained therein are granted by our gracious sovereign lord having silenced and suppressed the truth, and the magistrates of his majesty's free royal burghs on either side of the said water of Forth in no way being called to the granting thereof, we having special interest in the said matter as being seriously prejudiced and hurt thereby. Likewise by express and special act of parliament held at Linlithgow, 10 December 1585, chapter 14, making mention forasmuch as in the act of parliament lately then made before regarding packing and peeling of herring and white fish slain on either side of the waters of Forth, it was provided that the said fishes should be brought to Leith or Crail only, which act was found hurtful and prejudicial to the remaining free burghs and sea ports on either side of Forth; therefore our said sovereign lord and three estates declared, statute and ordained that it shall be permissible to the remaining free burghs to have the said fishes brought to every one of them in time coming, as well as to the said ports of Leith and Crail, notwithstanding any restriction made relating thereto by the said former act or otherwise of before, dispensing therewith for ever as the same act more fully purports. Likewise by sundry former acts of parliament made by his majesty and by his highness's most noble progenitors of worthy memory, King James V and Queen Mary, the searchers, markers and other similar officers requisite in that matter are appointed for every royal free burgh and sea port within their own bounds and jurisdiction, as shall be clearly verified by the same particular acts. In consideration of the which premises, it may please your highness and lords in no way to grant any ratification or approbation in favour and to the said burgh of Edinburgh of and concerning their said new charter, including the privileges above-written, to the hurt, prejudice and detriment of us complainers, their neighbours, magistrates and incorporation of his majesty's free royal burghs and sea ports on both the sides of the said water of Forth; but if any ratification be granted to Edinburgh, that the same be with express reservation of our rights and privileges, each one within our own territories and jurisdiction, according to the said last act of parliament above-written made on 10 December 1585. After the reading of the which supplication, the estates of parliament declared that whatsoever ratification be passed to the town of Edinburgh, it shall be with express reservation of the burghs above-specified, their rights and privileges, each one within their own territories and jurisdictions according to the last act of parliament made on 10 December 1585.
[1621/6/102]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, for good and evident causes and of certain knowledge, ratify, approve and perpetually confirm the charter made by the late George [Gledstanes], archbishop of St Andrews, to the late Master George Lauder of Bass and his heirs, of all and whole the lands of Scoonie, Mountfleurie, Banbeath, Threipland, Leven, port and harbour of Leven, and of the town and burgh of barony of Leven, customs and duties belonging thereto, mills, mill lands, multures and fishings of the water of Leven, and of the other liberties, privileges and donations mentioned in the said charter and conveyed to the said Master George Lauder and his heirs heritably, to be held of the said late archbishop and his successors after the form and manner of holding and for payment of the particular tax duties and others specially expressed in the said charters, as the same of the date 4 July 1608 at length purports, with our sovereign lord's confirmation of the said charter of the date 16 October 1609; and also the charter and heritable disposition of the said lands and others aforesaid, and of the lands of Balgrummo and astricted multures of the lands of Inverleven, and of certain other liberties, privileges and concessions mentioned in the said charter made and granted to Master Alexander Gibson of Durie and his heirs by a reverend father in God, John [Spottiswood], now archbishop of St Andrews, to be also held of him and his successor archbishops of St Andrews for payment of the tax duties and other duties specified in the said charter, which is of the date 9 April 1619, according to the form and tenor thereof in all points; and our sovereign lord's charter and confirmation of the charters above-written containing therein also the new donations, ratifications and heritable disposition granted to the said Master Alexander Gibson and his heirs of the lands, teinds, liberties and other donations specified at length in his highness's charter and confirmation aforesaid, which is of the date 9 March 1620; and also ratify and approve the tack and rights of the vicarage teinds of the parish of Scoonie, now standing in the person of the said Master Alexander Gibson, with the decreet and sentence of prorogation of the said tack, at more length mentioned in his highness's charter of confirmation above-written and according to the tenor and contents of the same; and also the charter made to the said Master Alexander Gibson of the lands and barony of Durie and lands of Duniface, united and annexed thereto, with the whole rights and liberties therein contained according to the tenor and holding therein mentioned of the date 19 August 1618, in all the points, articles, clauses and heads of the aforesaid evidents and writs, and every one of them, and according to the tenor of the holdings and contents of the same in all things. And will and declare this present ratification to be of as good force and effect and as sufficient in all respects as if the whole tenors of the said charters, confirmations, tacks, decreet and other evidents and writs above-specified were at length word by word engrossed herein, and which are held as particularly repeated and expressed here. And our sovereign lord and estates find, decree and declare the aforesaid charters, confirmations, donations, dispositions, tacks and rights of teinds and other writs and evidents before rehearsed, with the infeftments, sasines and other securities following and depending thereupon, to be good, valid and sufficient rights and titles to the said Master Alexander Gibson, his heirs and successors for possessing and enjoying of the said lands, barony, mills, multures, fishings, teinds and all the liberties and privileges and immunities and other donations whatsoever contained in the aforesaid evidents and writs according to the tenor and contents of the same, and every one of them respectively in all points, without derogation now and in all time coming.
[1621/6/103]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the whole estates of the kingdom of Scotland convened in this present parliament, has ratified, approved and perpetually confirmed, likewise, by the tenor hereof, ratifies, approves and for his highness and his successors perpetually confirms a charter and infeftment made and granted by his majesty under the great seal to his beloved Sir Patrick Hepburn of Waughton, knight, his male heirs and assignees therein mentioned, of all and whole the lands and barony of Waughton, comprehending therein the particular lands, baronies, rights of patronage and others largely expressed therein, and specially the advocation, donation and right of patronage of the parish kirk of Athelstaneford, wholly and altogether united and annexed to the said barony of Waughton, lying within the constabulary of Haddington and sheriffdom of Edinburgh, to be held of his majesty and his successors in free blench and feu ferm respectively in manner therein contained, as the same infeftment of the date 11 January 1620 in the self more fully purports, together with the precept and instrument of sasine following thereupon, in all and sundry points, clauses, heads, articles and conditions therein expressed; and wills and grants that this present ratification shall be as valid and effectual to and in favour of the said Sir Patrick Hepburn of Waughton, knight, his heirs and assignees therein mentioned as if the aforesaid charters, precept and sasine were word by word at length engrossed and inserted herein.
[1621/6/104]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by his majesty under his highness's great seal to his majesty's beloved Sir Robert Gordon of Lochinvar, knight, his male heirs and assignees whatsoever heritably of all and whole the barony of Crossmichael, comprehending the lands and right of patronage, teinds and others therein mentioned of the date the [...] day of [...] 16[...], with the precept and instrument of sasine following thereupon, in all and sundry points, heads, articles and clauses therein contained after the forms and tenors thereof, and statute and ordain this present ratification to be as valid, effectual and sufficient in all respects as if the infeftments above-specified, precept and instrument of sasine following thereupon were at length and word by word inserted herein. And further, our said sovereign lord and estates aforesaid, for the good, true and thankful service done to his majesty by the said Sir Robert Gordon of Lochinvar, knight, which service his majesty and estates aforesaid have tried and found to have been very profitable to his majesty and to this realm and lieges thereof and worthy of remuneration, therefore his majesty and estates aforesaid have dissolved and dissolve all and sundry the lands and others underwritten, namely: all and whole the two merk land and a half merk land of Suffock, alias Suffock; the five merk land of Ernambrie; the five merk land of Auchendolly; the five merk land of Largneane; the two merk and a half merk land of Ernfillan; the five merk land of Culgruff; the five merk land of Cradell, alias Crodell; the five merk land of Mollance; the five merk land of Hillowton; the five merk land of Clarebrand; the ten merk land of Crofts; the five merk land of Glengopoke; all and whole the lands and mains of Greenlaw, with the kane peats and bondage works of the whole barony of Crossmichael and due service of the same barony and all their pertinents; all and whole the five merk land of Ernespie; the ten merk land of Chapelerne; the two merk and a half merk land of Clarebrand, with parts, pendicles and pertinents of the same whatsoever; the five merk land of Little Dryburgh; the five merk land of Drumjarg; the five merk land of Ernfillan; the five mark land of Erncraig; the five merk land of Blairinnie; the five merk land of Meikle Dryburgh; the five merk land of Chapmanton; the five merk land of Blackerne; the five merk land of Ernminzie; the five merk land of Culnaightrie; the corn mill of Crossmichael; the five merk land of Garranton; the two merk and a half merk land of Blackpark, with all and sundry their castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenancies, service of free tenants, feu ferms, kanes, customs, services, casualties and all other commodities of all and sundry the lands, mill, woods, fishings and others above-rehearsed, all lying within the stewartry of Kirkcudbright, all united, created and incorporated in a whole and free barony called the barony of Crossmichael from his majesty's crown and patrimony thereof, and from all acts of annexation made by his majesty and his predecessors whereby the lands and others aforesaid, or any part thereof, were annexed to his majesty's crown, and except the same lands and others above-rehearsed out of the said acts of annexation. And also have dissolved and disunited and, by this act, dissolve and disunite all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the parish kirk of Kirkmabreck lying within [...] from the abbacy of [...], and from all other abbacies and benefices whereunto the same was annexed or pertained of before, to the effect that his majesty may give, grant and convey to the said Sir Robert Gordon of Lochinvar, knight, his male heirs and assignees aforesaid heritably all and sundry the lands, kirks, teinds and others particularly and generally above-specified, together with all right, title, interest and claim of right which his majesty, his highness's predecessors or successors had, has or in any way may have or claim thereto, or any part thereof, in time coming; and also to the effect that his majesty may of new unite, create and incorporate all and sundry the lands, kirks, teinds and others particularly and generally above-specified, and all their parts, pendicles and pertinents above-specified in a whole and free temporal barony to be called now and in all time coming the barony of Crossmichael, ordaining the aforesaid manor place of Greenlaw to be the principal messuage of the said barony and that a sasine now to be taken by the said Sir Robert Gordon of Lochinvar, knight, and by his male heirs and assignees aforesaid in all time coming at the said principal messuage shall stand and be sufficient sasine for all and sundry the lands, kirks, teinds and others particularly and generally above-written, with all their parts, pendicles and pertinents above-expressed, without any other special or particular sasine to be taken by him or them at any other part or place thereof, to be held of our said sovereign lord and his successors in free blench, fee heritage and free barony forever, paying yearly the said Sir Robert Gordon and his male heirs and assignees aforesaid to our said sovereign lord and his successors for all and sundry the lands and others above-specified, with all their parts, pendicles and pertinents above-expressed (except the aforesaid teinds, parsonage and vicarage, of the said kirk of Kirkmabreck), the sum of £20 usual money of this realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm only, and for all and sundry the aforesaid teind sheaves, other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties of the said parish kirk of Kirkmabreck one penny money aforesaid at the feast of Whitsunday at the said manor place of Crossmichael in name of blench ferm, if it be asked, and likewise paying to the minister present and to come serving the cure at the said kirk of Kirkmabreck their yearly stipends and duties contained in the infeftments granted to John Murray of the said kirk and teinds thereof, and relieving the said John Murray and his foresaids of the same stipends and of the reparation of the said kirk and of all taxations, impositions and other burdens imposed and to be imposed upon the said kirk and teinds thereof, and of the furnishing of the elements of bread and wine to the celebration of the communion within the said kirk in all time coming only, with this declaration: that this present ratification extends not to the kirk of Crossmichael, whereunto the laird of Lochinvar, present, consented. And my lord [Robert Maxwell, earl of] Nithsdale presently protested for Dame Agnes Maxwell, spouse to William Douglas, his sister, that this present act prejudice not her in her right to the mains and house and lands of Greenlaw and pertinents; which protestation the lords admitted.
[1621/6/105]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament convened, having seen and considered the infeftment made and given by his majesty under the great seal of the date 21 November 1614, to his highness's trusty and obedient subject Sir John Campbell of Cawdor, knight, and his male heirs heritably in feu ferm, of all and whole the isle and lands of Islay and Rhinns, and middle ward of Islay Ilyntassan, as well rentalled of before as unrentalled, at length particularly mentioned in the said infeftment, with all their pertinents, together with the castle, tower, fortalice and manor place of Dunyvaig and with the whole salmon fishings and other fishings of the said lands and isle of Islay; and likewise containing therein an erection of the said lands, isles and others therein mentioned in a whole and free barony called the barony of Islay, together also with a burgh of barony to be built upon any part within the bounds of the said isle where the said Sir John or his heirs shall think most expedient, with all privileges, liberties and immunities of a free burgh of barony, as in the said infeftment at length is contained. And being ripely advised therewith, his majesty and estates aforesaid have ratified and approved and, by the tenor hereof, ratify and approve the said infeftment in the whole heads, clauses, articles, circumstances and conditions contained therein and whole contents thereof, decreeing and ordaining the said Sir John, his male heirs and successors to have undoubted right to the aforesaid lands and isle particularly mentioned and contained in the aforesaid infeftment, with their whole parts, pendicles and pertinents whatsoever to be peaceably possessed and enjoyed by them after the form and tenor of the same infeftment in all points perpetually in all time coming.
[1621/6/106]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering and considering the good, true and thankful service done to his majesty by his highness's right well-beloved Sir Archibald Douglas of Whittingehame, knight, the late senator of his majesty's college of justice, in the public affairs of this realm these many years bygone, and specially his majesty calling to mind the lovable service done by the said Sir Archibald in passing with his highness to the kingdom of Denmark and there remaining the whole time and space of the solemnisation of that happy marriage celebrated between his majesty and [Anne], his highness's late spouse and queen of most worthy memory, therefore our said sovereign lord and estates aforesaid and whole body of this present parliament have ratified, approved and confirmed and, by the tenor of this present act, ratify, approve and perpetually confirm the charter of donation and feu ferm, disposition and location therein contained, made, given and granted by our sovereign lord, with advice and consent of the lords commissioners of the kingdom of Scotland and of Sir Gideon Murray of Elibank, knight, his majesty's treasurer, controller and collector depute of the said kingdom, to the said Sir Archibald Douglas of Whittingehame, knight, his male heirs and assignees whatsoever heritably of all and sundry the lands of Whittingehame, with the tower, fortalice, manor place, houses, buildings, yards, orchards, mill, mill lands, multures, sequels, annexes, connexes, parts, pendicles and all their pertinents, and of all and whole the kirk lands and glebe of Whittingehame, with houses, buildings and all their pertinents lying within the constabulary of Haddington and sheriffdom of Edinburgh, and of all and whole that plough-gate of land called Coldside Land, with the pertinents lying within the town and territory of Whittingehame within the lordship of Hailes by annexation, constabulary and sheriffdom aforesaid; and also of all and whole that piece and portion of land called the Birks, with the pertinents lying contiguous between the lands of Whittingehame and the lands of Stoneypath, together with the advocation, donation and right of patronage of the parish kirk of Whittingehame, as well parsonage as vicarage of the same; and also of all and whole the lands of Stoneypath, with the tower, fortalice, manor place, houses, buildings, yards, orchards, mills, mill lands, multures, sequels, parts, pendicles and pertinents thereof; and of all and whole the lands of Hartremwode, with the pertinents with common pasture in the muir of Lammermuir, with privilege and liberty to the said Sir Archibald and his foresaids and to their tenants of the forenamed lands to cast and extract fail, fuel, peat and divots upon the said muir with free issue and entry and other easements whatsoever specified and contained in the charter and infeftment made by the late Patrick, sometime earl of March to the late Isobel [...] of Stoneypath, or by any other earls of March to whatsoever persons within the meiths and marches of the commonty of Lammermuir contained in their infeftments; which charter bears and contains an erection and union of all and sundry the lands and others above-mentioned in a whole and free barony called the barony of Whittingehame, as the same under the great seal of the kingdom of Scotland of the date at Greenwich in England, 3 July 1616 more fully purports, together with the precept of sasine given according to the aforesaid charter under the testimony of the great seal and instrument of sasine following thereupon in all and sundry the heads, clauses, articles, provisions, circumstances and conditions thereof, with all that has followed or may follow thereupon. And his majesty and estates aforesaid declare, decree and ordain this present ratification to be of as great value, force, strength and effect and to be as lawful and effectual in all respects to the said Sir Archibald Douglas and his foresaids as if the said charter and infeftment, precept and instrument of sasine had been at length word by word herein engrossed and at length ratified, notwithstanding whatsoever acts, statutes, constitutions or ordinances made or to be made in the contrary.
[1621/6/107]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies, approves and for his highness and his successors perpetually confirms the charter and infeftment granted by his majesty, with consent of his highness's treasurer, comptroller, collector general and treasurer of the new augmentations of the kingdom of Scotland and remaining lords commissioners under his highness's great seal to his beloved Sir George Forrester of Corstorphine, knight, his male heirs and assignees therein designed of all and whole the lands and barony of Corstorphine, comprehending therein the particular lands and others mentioned in the said charter, with advocation, donation and right of patronage of the provostry, prebendaries and chaplainry of the college kirk of Corstorphine lying within the sheriffdom of Edinburgh, proceeding upon the said Sir George's own resignation; by virtue of the which infeftment, his majesty, with advice above-written, has dissolved the parish kirk of Corstorphine, parsonage and vicarage thereof, with manse, glebe, teinds, fruits and rents of the same, which was of old one of the proper kirks of the abbacy of Holyroodhouse, from the same abbacy and benefice thereof, and has created and erected the same in a several and distinct parsonage and vicarage called the parsonage of Corstorphine, which parish kirk was demitted and resigned in the hands of the said lords commissioners by Sir John Spottiswood, eldest lawful son to a reverend father in God, John [Spottiswood], archbishop of St Andrews and undoubted abbot and commendator of Holyroodhouse, to the effect above-written; as also his most excellent majesty has dissolved the four prebendaries of the said college kirk of Corstorphine called Half Dalmahoy and Half Halton, Half Bonnington and Half Platt, teinds, great and small, and fruits thereof, from the said college kirk of Corstorphine, and has united and annexed the same four prebendaries with the teinds thereof to the said parish kirk of Corstorphine, reserving a certain sum of money to be paid by the ministers of Corstorphine out of the fruits of the said prebendaries yearly to the actual minister at Ratho, the right of presentation, donation and advocation of the which four prebendaries pertained by the old foundation to the said Archbishop of St Andrews and Sir George Forrester, their predecessors and successors taking turns, and were likewise resigned in the hands of the said lords commissioners by the said John, archbishop of St Andrews and Sir George Forrester to the effect above-mentioned. And also, his most excellent majesty, by the said charter, has united, annexed and incorporated the advocation, donation and right of patronage of the said parish kirk of Corstorphine, parsonage and vicarage thereof, to the aforesaid barony of the same, and has made and constituted the said Sir George, his male heirs and successors undoubted and irrevocable patrons of the said parish kirk of Corstorphine, parsonage and vicarage thereof, and prebendaries aforesaid annexed thereto, as in the said charter of the date at Holyroodhouse, 30 July 1618, at more length is contained, together with the procuratories and instruments of resignation whereupon the said infeftment proceeded, with the instrument of sasine following thereupon, in all and sundry heads, articles and clauses mentioned therein. Likewise his most excellent majesty, with consent above-written, wills, grants and declares that this present ratification is and shall be as sufficient to the said Sir George and his foresaids in the same way as if the said charter, procuratories and instruments of resignation were herein specially expressed, dispensing therewith by this act; providing that this act prejudice not the present prebendaries during their lifetimes.
[1621/6/108]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent and advice of the estates of parliament, ratifies and approves the act of the commissioners appointed for establishing and plantation of kirks, of the date at Edinburgh, 13 December 1617, whereby they have ratified certain other acts dissolving the lands of Buchanan which were a part of the parish of Luss from the said kirk, and annexing the same in all time coming to the parish kirk of Inchcailloch, in all the whole heads, clauses and articles thereof, whereby the said lands of Buchanan may in all time coming remain a proper part of the said parish of Inchcailloch, saving the right of anyone.
[1621/6/109]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the charter, donation and concession therein contained, with the precept of sasine inserted in the same, made, given and granted by the late George [Gledstanes], archbishop of St Andrews, with consent of the chapter of the metropolitan kirk of the said archbishopric, to his majesty's beloved William Sandilands of St Monans, his male heirs and assignees of all and sundry the lands of the half of St Monans, otherwise called Inverie, with the mill, fortalice, house, port and harbour of the same, and anchorages of the said port and harbour, with the wrack, wair and all other privileges and pertinents, together with eight acres of another half of the said lands next adjacent to the same fortalice and house, and brae and lands between the said house and the sea, and also of all and whole that five merk land of Inverie, otherwise St Monans, extending to 13 acres of land, with the toft and croft adjacent thereto and their pertinents, with the annexes, connexes, pendicles and pertinents of all and sundry the aforesaid lands, mill, house, fortalice and harbour with the pertinents; and also of all and whole another half of all and sundry the aforesaid lands of Inverie, otherwise called Wester St Monans, with the half of the mill thereof, with tofts, crofts, yards, parts, pendicles and all their pertinents lying within the regality of St Andrews and sheriffdom of Fife, containing an erection of the town of St Monans with all and sundry houses, buildings, tofts, crofts and outsets thereof, in a free burgh in barony with a free port and harbour in all time coming, and also containing an union of the whole lands and others aforesaid in a whole and free tenancy and lordship called the tenancy and lordship of St Monans, to be held of the said late George, archbishop of St Andrews and his successors, paying yearly to the said late George, archbishop of St Andrews and his successors, their chamberlains and factors, for the aforesaid fortalice, house and harbour, with the said eight acres of land next adjacent to the said fortalice and house and brae between the said house and the sea and burgh of barony aforesaid, one penny usual money of the kingdom of Scotland at the said fortalice and house at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked, and for the aforesaid half lands of St Monans, otherwise called Inverie, and five merk land of Inverie, otherwise St Monans, and the aforesaid toft, croft and mill above-specified, and the aforesaid other half of all and sundry the said lands of Inverie, otherwise called Wester St Monans, with the half of the mill thereof, tofts, crofts, yards, parts, pendicles and pertinents, with the annexes, connexes, pendicles and pertinents of all and sundry the said lands and mill, the sum of 4 merks usual money aforesaid at two usual terms in the year, Whitsunday and Martinmas [11 November] in winter, by equal portions in name of kane, with services used at the courts of the said regality of St Andrews only; by the which charter the ward, relief and non-entry of the lands and others held by service of ward and relief as said is are taxed yearly to the sum of £21 6s 8d, and the marriage of the heir to the sum of £100, of the date at St Andrews, 1 April 1611, with the instrument of sasine following thereupon, in all and sundry points, articles, clauses and conditions therein contained, after the form and tenor thereof. Likewise his majesty and estates aforesaid declare that this present ratification of the said charter and instrument of sasine following thereupon is and shall be as valid, effectual and sufficient in all respects as if the same charter and instrument of sasine above-written were at length inserted herein, notwithstanding the not inserting of the same, concerning which his majesty and estates aforesaid have dispensed and, by this act, dispense for ever. And likewise his majesty and estates aforesaid declare the aforesaid charter, precept of sasine therein contained and instrument of sasine following thereupon, with this present ratification thereof, to be good, valid and sufficient rights and titles to the said William Sandilands of St Monans, his male heirs, assignees and successors in the said lands, for possessing and enjoying of the same lands and others aforesaid as their own proper heritage at their pleasure in time coming.
[1621/6/110]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve and, for his majesty and his successors, perpetually confirm the charter and infeftment made and granted by his majesty under his highness's great seal to his majesty's beloved Sir John Scott of Scotstarvit, knight, director of his highness's chancellery, his male heirs and assignees whatsoever heritably of all and whole the lands and barony of Scotstarvit, comprehending the lands and others after-specified, namely: all and whole the lands and barony of Tarvit, with the tower, fortalice, manor place, houses, buildings, yards, orchards, rabbit-warren, dovecot, mill thereof, mill lands and multures of the same, annexes, connexes, outsets, parts, pendicles and pertinents of the same whatsoever lying within the parish of Ceres and sheriffdom of Fife; and also of all and whole the lands and barony of Caiplie, comprehending the lands and others after-mentioned, namely: all and whole the lands of Caiplie Overton, alias called Third Part, with the pendicle thereof called Stavert; the lands of Netherton of Caiplie, with the mill lands, multures and sequels thereof, together with the fishings pertaining to the said lands and with tower, fortalice, manor place, houses, buildings, yards, orchards, dovecot, annexes, connexes, parts, pendicles and all their pertinents lying within the barony of Tarvit by annexation and sheriffdom of Fife aforesaid; and likewise all and whole the lands of Easter Pitcorthie, with houses, buildings, yards, orchards, annexes, connexes, parts, pendicles and pertinents thereof whatsoever lying within the parish of Kilrenny and sheriffdom of Fife aforesaid, with full right, liberty and privilege of commonty and common pasturage and casting, extracting and conveying of fuel, fail and divot in and upon the muirs, commonly called the King's Muir and Crail Muir, within the whole bounds, meiths and marches thereof, according to the said Sir John, his predecessors and authors, their possession of the same; and also all and sundry the teind sheaves and vicarage teinds of the said lands of Over Caiplie, alias Third Part of the aforesaid town and lands of Nether Caiplie, with the mill thereof and mill lands of the same; and of the aforesaid town and lands of Easter Pitcorthie, with the cottages, parts, pendicles and all their pertinents included therewith pertaining to the said Sir John heritably, all united, annexed, created and incorporated in a whole and free barony called and to be called the barony of Scotstarvit, containing therein a new gift, with an union thereof, in a whole and free barony called the barony of Scotstarvit as said is, to be held of our said sovereign lord and his successors in fee and heritage for ever, likewise at more length is contained in the said charter and infeftment of the date at Edinburgh, 11 February 1619, together with the precept of sasine made according to the said charter and instrument of sasine following thereupon, of whatsoever date or dates, tenor and contents the same be, in all and sundry points, passages, heads, articles, clauses, circumstances, provisions and conditions whatsoever therein contained, with all that has followed or may follow thereupon; willing and granting and, for his majesty and his successors, with advice and consent of the whole estates of this present parliament, decreeing and ordaining this present general ratification to be as good, valid, effectual and sufficient to the said Sir John Scott and his foresaids for possessing and enjoying of the lands, barony, teinds and others with the pertinents thereof above-mentioned as their heritage at their pleasure in all time coming, in the same way as if the aforesaid charter and infeftment, precept and instrument of sasine following thereupon were at length and word by word engrossed herein; concerning which his majesty, with advice and consent aforesaid, has dispensed and, by this act, for his highness and his successors, dispenses for ever, saving and reserving always to his majesty and his successors the feu blench and other duties of the lands, barony, teinds and others above-specified with the pertinents thereof above-written due and customary to his highness and his predecessors before this present ratification. Moreover, our said sovereign lord and estates aforesaid, understanding that the late King James V of worthy memory, his majesty's grandfather, gave and granted special licence, faculty and freedom to the late Alexander Inglis of Inglistarvit, heritable proprietor of the lands and barony above-expressed, with the pertinents for the time, to close up, remove and destroy that part of his highness's high street and common gate passing between his place and his barns, barn yards and stables of Inglistarvit, now called Scotstarvit, on the west side of the place thereof, and to make the said high passage and common gate as large and wide as it was of before and as commodious upon the east side of the said place of Inglistarvit, now called Scotstarvit, and to hold the same as large in all time coming to be used by his majesty and his highness's lieges resorting thereto as his highness's common gate was and is at the west end of the said place, and willed and granted that he should not be accused nor incur any harm or danger in his person, lands, goods or gear through this in any time thereafter, notwithstanding of whatsoever acts of parliament, laws, statutes or constitutions of this realm made or to be made in the contrary, as the said licence of the date subscribed by his majesty's own hand and given under his highness's signet at St Andrews, 2 June and of his majesty's reign the 29th year, at more length bears. Which licence, our said sovereign lord and estates aforesaid ratify and approve in all points according to the tenor thereof, and of new again his majesty, with advice and consent aforesaid, by this act, gives and grants full licence, free faculty and liberty to the said Sir John Scott and his foresaids to remove, divert and destroy that part of the aforesaid high street and common way which lies from the ferry side to the burgh of Cupar on the west side of the said Sir John's place of Scotstarvit, at what time he or they best please, providing always that he and they make as large, ample and commodious a highway and common street upon the east side of the said place of Scotstarvit for serving of his majesty's lieges as the aforesaid common high passage and gate is at the west end of the said place, and wills and grants and, for his majesty and his successors, with advice and consent aforesaid, declares that the said Sir John nor his foresaids shall not be accused nor incur any harm, damage or danger in his person, lands, goods or gear through this by any manner of way in time coming, notwithstanding whatsoever acts of parliament, laws, statutes or constitutions of this realm made or to be made in the contrary; concerning which, and regarding all pains therein contained, our said sovereign lord, with advice and consent aforesaid, has dispensed and, by this act, for his highness and his successors, dispenses for ever. Discharging likewise by this act the lords of his highness's privy council and session, justices, sheriffs and all other officers and ministers of the laws within this his majesty's kingdom, and all and sundry their deputes and substitutes present and to come, of all calling, accusing, summoning, arresting and pursuing of the said Sir John Scott or his foresaids, their tenants and servants thereof by any manner of way in time coming, and of their offices in that part for ever, and that the said confirmation and licence stand as said is.
[1621/6/111]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and the estates of this present parliament ratify and approve the charter and infeftment made and granted by his majesty, with advice and consent of his highness's right trusty cousin and councillor John [Erskine], earl of Mar, lord Erskine and Garioch etc., his highness's principal treasurer, comptroller and collector or treasurer of his new augmentations within the realm of Scotland, and of his highness's trusty councillor Sir Gideon Murray of Elibank, knight, his highness's depute in the said offices, and of the permanent lords of his highness's secret council of Scotland, his highness's commissioners, to Alexander Cranston of Murieston, his male heirs and assignees whatsoever heritably of all and sundry the lands of Burncastle, with the tenants, tenancies, service of free tenants thereof and all their parts, pendicles and pertinents; and of all and sundry the half teind sheaves, half teind wool and half teind lamb of the kirk and parish of Chingilkirk, as well parsonage as vicarage thereof, with all and sundry profits and emoluments whatsoever pertaining and belonging to the said half teinds and now possessed by the said Alexander Cranston of Murieston, all lying within the bailiary of Lauderdale and sheriffdom of Berwick. Which lands of Burncastle, with the tenants, tenancies, service of free tenants and pertinents thereof pertained of before to the said Alexander Cranston himself and were resigned by him and his procurators, and which half teind sheaves, half teind wool and half teind lamb of the said kirk and parish of Chingilkirk, with the pertinents, pertained of before to the said John, earl of Mar as a part of the patrimony of his lordship of Cardross, and were resigned by him with express advice, consent and assent of Henry Erskine, his second lawful son procreated between him and Dame Mary Stewart, countess of Mar, his spouse, for all right whatsoever which he has or may pretend to the said half teinds, with the pertinents, or any part thereof; and by the said Henry Erskine, for himself, his own right and interest, with advice and consent of his said father, and by them both with one consent and assent, and their procurators in their names, in the hands of the said lords of his highness's said secret council of Scotland, his highness's commissioners in his majesty's name, in favour and for the said infeftment thereof to be made and given to the said Alexander Cranston of Murieston and his foresaids in manner therein contained, to be held of our sovereign lord and his highness's successors in fee heritages and free blench ferm for ever, as the said charter and infeftment under his highness's great seal, of the date 20 December 1620, at more length bears, with the resignations whereon the said charter and infeftment proceeded and sasine following on the said charter in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained and after the forms and tenors thereof in all points. And will, grant, decree and ordain the said charter and infeftment to be a good, valid and sufficient right to the said Alexander Cranston of Murieston and his foresaids for possessing of the said lands, half teinds and others above-written therein contained according thereto in all time coming without any objection, exception, impediment or contradiction whatsoever to be made by his highness or his successors in time coming.
[1621/6/112]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having consideration that the parish kirk of Legerwood, being of old one of the parish kirks of the abbacy of Paisley, which abbacy in long time bygone was erected in a temporal lordship in favour of the late Claud [Hamilton], lord Paisley and his heirs, and which kirk of Legerwood, together with the kirk lands of the said parish of Legerwood, being a proper part of the patrimony of the said abbacy of old and of the said lordship since the erection was since resigned in the hands of our said sovereign lord his highness's commissioners of this kingdom by the late James [Hamilton], earl of Abercorn, procurator and commissioner for the said late Claud, lord Paisley, his father, in favour of Alexander Cranston of Murieston and his heirs specified in the said resignation, whereupon our said sovereign lord has given and granted to the said Alexander an infeftment under his highness's great seal of the aforesaid kirk lands of Legerwood and parish kirk thereof, with the teinds of the said kirk, both great and small, together with the advocation, donation and right of patronage of the said parish kirk and parish of Legerwood, parsonage and vicarage thereof, (excepting and reserving to the minister of the said kirk present and to come the manse and glebe of the said kirk according to the act of parliament). And to the effect that the said infeftment may be the more valuable and that the said kirk lands and teinds, great and small, together with the advocation and donation of the said parish kirk, both parsonage and vicarage thereof, (except before excepted) may remain perpetually with the said Alexander Cranston and his heirs in all time coming, unchallenged or impugned in any sort, our said sovereign lord and estates aforesaid have ratified, approved and confirmed and, by this act, ratify, approve and confirm the aforesaid infeftment in all and sundry heads, points, articles, clauses and circumstances thereof, and declare the same to be a good, valuable and sufficient title and security to the said Alexander and his foresaids for holding, enjoying and possessing of his said lands and teinds, great and small, with the advocation, donation and right of patronage of the said parish kirk and parish of Legerwood, parsonage and vicarage thereof, in all time coming, notwithstanding of any law, canon, civil or municipal, made in the contrary, to the which this act shall make express derogation. And declare this present ratification to be as sufficient as if the said infeftment were at length inserted herein word by word; concerning which our said sovereign lord and estates aforesaid have dispensed and, by this act, dispense for ever.