[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: