[1571/8/1]*[print] [email] [cite] [preceding] [following]
In the parliament of the most excellent and powerful prince James VI of that name, by the grace of God, most illustrious king of Scots, held and begun at Stirling in the tolbooth there, on 28 August in the year of the Lord 1571 and in the fifth year of the reign of the same, by his most dear late grandfather Matthew [Stewart], earl of Lennox, lord Darnley etc. and regent of the said supreme lord the king, the realm and his lieges, with the three estates of the realm present. It was finished and dissolved on 7 September following, by John [Erskine], formerly earl of Mar, lord Erskine etc. and regent for the time being of the said supreme lord our king, the realm and his subjects, with the three estates of the realm present. The acts which follow and the decrees are to be henceforth observed as fixed and binding, as acts.
[1571/8/2]*[print] [email] [cite] [preceding] [following]
†It is found, declared and decreed by our sovereign lord, with advice of the [three estates and whole] body of this present parliament, that the nomination, constitution, [election and ordination] of the noble and mighty lord John, earl of Mar, lord Erskine etc., [as regent to our sovereign lord,] this his realm and lieges thereof, during the time of his [majesty's minority and less] age, specified and expressed in [Mary], the queen, his highness's [mother's letters, under her] subscription and privy seal, of the date 24 [July] 1567, together also with the c[onsent and approbation of] the earls, lords, prelates, commissioners of burghs, barons [and other faithful subjects] convened and assembled to that effect; and the acceptance [of the said office of] regency by the said John, earl of Mar, on 6 [September 1571] was, is and in all time coming shall be held, reputed [and esteemed lawful], sufficient and perfect; and all and whatsoever things which [he has done by] virtue of his said office of regency since his acceptance thereof, [or which] he shall do hereafter in our said sovereign lord's name and authority during [the time] of his highness's minority, specified in the said commission, to be as duly, l[aw]fully, sufficiently and righteously done, and to have as great value, strength, force and effect in all respects and conditions as anything done by whatsoever regents, governors or protectors of this realm in the minorities and less ages of any other native princes of the same; and ratifies, approves and confirms the same nomination, election, constitution and acceptance for now and in time coming.
[1571/8/3]*[print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice and consent of [John Erskine, earl of Mar], his said regent, three estates and whole body of this present parliament, has ratified and, by this present act, ratifies and approves all and whatsoever acts and statutes made of before by our sovereign lord or his predecessors concerning the freedom and liberty of the true kirk of God now publicly professed within this realm.
[1571/8/4]*[print] [email] [cite] [preceding] [following]
†Item, [John Erskine, earl of Mar], my lord regent's grace, the three estates and whole body of this present parliament have ratified and approved and, by this present act of parliament, ratify and approve acts of parliament, process, dooms and decreets of forfeiture and others whatsoever made, led and pronounced in the last parliament begun and held at Edinburgh in May 1571.
[1571/8/5]*[print] [email] [cite] [preceding] [following]
†Item, it is decreed and declared by our sovereign lord, with advice of [John Erskine, earl of Mar], my lord regent's grace, and three estates, that all alienations, resignations, demissions and other dispositions whatsoever, made or to be made by any person or persons convicted, or that hereafter shall happen in any way to be convicted or forfeited for art and part of the treasonable murd[ers and slaughters of] our sovereign lord's late dearest father or regents [of whatsoever lands,] heritages, offices, benefices, rooms or professions, [since the times respec]tively of the committing thereof, are and shall be null [in themselves and of] no value, strength, force nor effect in all times [coming, with all that] followed or shall happen to follow thereupon.
[1571/8/6]*[print] [email] [cite] [preceding] [following]
†Item, it is statute, ordained and declared in p[lain] par[liament by our sovereign lord,] with advice and consent of [John Erskine, earl of Mar], his said regent, three estates [and whole body of this present parliament, that all persons,] our sovereign lord's true and faithful subjects, which have served [and serve his] highness in maintenance of his authority, having lands, heritage, annu[alrents, life rents], pensions or possessions whatsoever held of any person[s called and] forfeited in this present parliament for whatsoever crimes [of treason] and lese-majesty shall use and enjoy their tenantries what[soever,] notwithstanding the forfeiting of their superiors thereof, and hold the same off their next immediate superiors, providing always that in [case any of] the said vassals or others that shall happen to claim any benefit [by virtue] of this act at any time hereafter make defection from our [sovereign] lord's authority and obedience or come in the contrary thereof, that [they] nor none of them shall have nor enjoy the privilege and benefit [of this] present act, and the same shall in no way be extended to them.
[1571/8/7]*[print] [email] [cite] [preceding] [following]
†Item, forasmuch as there are diverse lieges and subjects of this realm [which] have sundry lands, rooms and possessions obtained by them or their predecessors in feu and heritage of the priors or prioress mothers and convents of sundry friars and nuns' places within this realm, held off them and their successors, and now, since the reformation of religion, the said superiors are for the most of deceased and no others placed nor to be placed in their rooms, so that within short space they shall all decay, through which the heirs of the said feuars and other heritable tenants of the said places shall get no entry to their lands and heritage held off friars' and nuns' places; for remedy thereof, it is statute and ordained in this present parliament that all persons, feuars or heritable tenants of such friars' and nuns' places and their heirs, after the decease, decay or deficiency of their said superiors, hold and shall hold their feus and tenantries of the same of our sovereign lord and his successors in all times coming, likewise and as freely as they held the same of the places aforesaid, priors, prioress or others being therein for the time; and the feu mails, services and duties specified and contained in their infeftment to pertain to our sovereign lord and his successors to be intromitted, taken up and conveyed at their pleasure, and that the heirs of the said feuars and heritable tenants aforesaid shall enter to their feus and tenantries by brieves of our sovereign lord's chap[el, likewise and as free]ly and in the same manner as the feuars and heritable ten[ants of our sovereign lord's] property in all times coming.
[1571/8/8]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord, by advice and consent of [John Erskine, earl of Mar], his said regent, and th[ree estates aforesaid,] ratifies, approves and confirms all and sundry old acts [and statutes] made of before concerning the freedom and privileges of burghs.
[1571/8/9]*[print] [email] [cite] [preceding] [following]
Item, our said sovereign lord, with advice and consent of [John Erskine, earl of Mar], his regent, three estates and whole body of this present parliament, has statute, ordained, decreed and declared that all and sundry alienations, resignations and other dispositions whatsoever made and given in any way by any persons, burgesses or inhabitants within the burgh of Edinburgh, or any other burghs of this realm, which have made defection from our sovereign lord's authority and assisted and taken part with the conspirators and declared traitors to any person or persons since the committing of the said crimes, by them or any of them, of whatsoever their lands, heritages, offices, tacks, steadings, rooms or possessions whatsoever, are and shall be in all times coming null in themselves and of no value, strength, force nor effect.
[1571/8/10]*[print] [email] [cite] [preceding] [following]
Item, it is statute and ordained by our sovereign lord, [John Erskine, earl of Mar], his regent aforesaid, the three estates and whole body of this present parliament, that no ships pass out of this realm to the realm of France or any other parts without our sovereign lord's cocket; and that no cocket nor privy writing be purchased or taken off [Mary], our sovereign lord's mother, her pretended lieutenants or any others in her name in any time coming, under the pain of escheating of all such ships and whole goods being therein; and the persons, owners of the said ships, or purchasers and takers of the said cockets or other writings aforesaid as said is, to be punished in their persons and goods with all rigour.
[1571/8/11]*[print] [email] [cite] [preceding] [following]
†Forasmuch as albeit the truth and constancy of heralds, macers, pursuivants and other officers bearing arms ought to be unsuspected or violated, and notwithstanding that all our sovereign lord's lieges bearing that charge and office have publicly professed his highness obedience and diverse of them created by his majesty's [authority since his highness's] coronation, to whom they have sworn and promised their [allegiance, yet as] it is certainly understood by [John Erskine, earl of Mar], my lord regent's grace, [the three estates] and whole body of this present parliament, Peter Thomson, [Islay herald], Adam MacCulloch, Marchmont herald, John Forman, [Rothesay herald], Alexander Forrester, Carrick pursuivant, Alexander MacCulloch, [Ormond pursuivant], William Melville, Thomas Crichton, William Purves, macer, [Thomas Barry, William] Bury, pretended Ettrick pursuivants or messengers, [Thomas Young], [...]† messenger, with diverse other heralds, macers, pursuiv[ants and] messengers of arms, neglecting their faith, oaths made, [the honour] of their office and allegiance owed to our sovereign lord, have wilfully [and] rebelliously cast off their indebted obedience and, treasonably, [not] only accompanied the declared traitors, rebels and conspirators [against] our sovereign lord's authority, now being within the castle and burgh of Edinburgh, but also in proper persons displayed their coats of arms, bore their maces and otherwise fortified, assisted and took plain part with them in their late treasonable, pretended and arrogant proceedings, to the deprivation of our sovereign lord from his royal crown and authority. And my lord regent's grace and three estates aforesaid, considering the plain and manifest defection of the heralds, macers, pursuivants and messengers above-written from their sworn faith and indebted obedience, being persons which above all other subjects by duty of their offices ought to have been irrevocable, true and constant, and considering likewise that the persons aforesaid being admonished and required by letters of our sovereign lord's late dearest grandfather and regent to withdraw themselves out of the said burgh of Edinburgh and to come and attend upon their offices, not only abstracted themselves, disparaging and contemning the said admonition and charge, but revealed the person of the messenger named Steven Storie, and by their default caused him be apprehended by the said declared traitors, rebels and conspirators, and be put in vile prison and straight thraldom. Therefore, our sovereign lord, with advice of his said regent, three estates and whole body of this present parliament, has declared and, by this present act, declares that the persons above-written and all other heralds, macers, pursuivants and messengers of arms which are culpable of the crimes above-specified have ipso facto lost their offices of arms, decreeing their said offices presently by virtue of this act to be vacant, and they, and every one of them, to be esteemed as infamous persons hereafter and to be used and demeaned according to the law; discharging the treasurer and comptroller present and to come of all payment making to the said heralds, macers, pursuivants, messengers and all other ordinary officers, either within burgh or castle of Edinburgh presently, of their accustomed fees and duties resting from any years or times past or in times coming; decreeing [also all executions] to be made by the said officers of arms in times coming null in [themself, invalid and] of no effect in all times to come.
[1571/8/12]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord, by advice and consent of [John Erskine, earl of Mar], his said regent, and [...] found and declared that Patrick, lord Lindsay of the Byres has deliv[...] [...] whole money received and intromitted with by him, which was sent from France by John Chisholm to the common affairs of this re[...] [...] therefore discharges the said lord, his heirs and executors of the same for ever [...] present act.
[1571/8/13]*[print] [email] [cite] [preceding] [following]
[...]†
Item, forasmuch as it is perfectly understood by [John Erskine, earl of Mar], my lord regent's grace, and three estates that [Elizabeth I], the queen's majesty of England, having [Henry Percy], earl of Northumberland and diverse others, her rebels, reset within this realm, in contradiction of the treaties of peace passed between the two realms, by such persons as were then disobedient to our sovereign lord's authority and now open and manifest conspirators against the same, whereof a part are now forfeited and declared traitors; and seeing her grace could have no deliverance of her said rebels nor justice conforming to the said treaties of peace, and our sovereign lord then, after the horrible and shameful slaughter of the late James [Stewart], earl of Moray, late regent to his highness, this his realm and lieges being destitute of tutor or regent could, nor might not, put order to the said disobedient subjects of this realm, resetters and fortifiers of the said English rebels as said is, in the month of May 1570 sent her army under the charge and conduct of Sir William Drury, knight, marischal of Berwick within this realm, to concur and assist the nobility and others, our sovereign lord's true and faithful subjects thereof, in pursuing of the said disobedient subjects of this realm, resetters and fortifiers also of the said English rebels, for conservation and maintaining of the good peace and amity between the two realms; therefore our sovereign lord, with advice and consent of the three estates and whole body of this present parliament, has found and declared that the late lord [Matthew Stewart, earl of] Lennox, last regent, my lords [John Erskine], earl of Mar, now regent, [James Douglas, earl of] Morton, [Alexander Cunningham, earl of] Glencairn [...]† and all noblemen and others [...] sovereign lord's true and faithful subjects of this realm, as well to burgh as land, which adjoined and accomp[...] army did good, true and thankful service to our sovereign [...] this his highness's realm, and that the burnings, casting [...] of the castle, palace and town of Hamilton, Kinneil, Law[...] haugh [...]† and other slaughters, mutilations, hurting or wounding [...] sacking, spoliation or destruction of any goods, gear or [...] in the said castles, palace, towns or places or upon any [...] rooms thereabouts by the said army, noblemen and others being in company, pertaining to whatsoever persons; as also pledges laid and entered in England by the nobility of this [...] before the incoming of the said army was [...] in all times coming shall be acknowledged, accounted and esteemed good, lawful and profitable service for the king's majesty, our sovereign lord, and for the common benefit and quieting of this realm and lieges thereof; decreeing and declaring that the noblemen above-written and others whatsoever being in their company for the time, in doing of the premises and other things whatsoever for setting forth of the king's authority and resisting and repressing of his disobedient subjects at the time above-written, or at any times of before or since, and all things that have followed or shall happen to follow or depend thereupon, shall incur no danger nor hurt in their persons, lands or goods nor shall not be called nor accused therefore, criminally nor civilly, by any manner of way in times coming, discharging by this present act.
[1571/8/14]*[print] [email] [cite] [preceding] [following]
[...]†
Item, forasmuch as it is clearly understood by [John Erskine, earl of Mar], my lord regent's grace, three estates and whole body of this present parliament, that James [Douglas], earl of Morton, lord of Dalkeith etc., chancellor and great admiral of Scotland, accompanied with our sovereign lord's men of war and others, his highness's faithful and true subjects, was ordained and commanded by my lord regent's grace to remain at his own place and town of Dalkeith for keeping and saving of our sovereign lord's true and faithful subjects and country thereabouts from invasion and incursions of certain rebels, conspirators and declared traitors, convened with forces within the castle and burgh of Edinburgh; and that the said conspirators, rebels and declared traitors and others, on 2 June 1571 or thereby, issued forth of the said castle and burgh of Edinburgh and came to the Sheriffhall Muir, near to the said place and town of Dalkeith, for invasion of the said earl, men of war and other [...] for their slaughter and destruction; likewise they had come to the said town [...] aforesaid if they had not been resisted by the said earl and men of war [...] him for the time; and likewise that the said conspirators, rebels and dec[...] [...]panied with a great number of men of war and others to the number of [...] persons or thereby, with displayed banners and carted artillery upon the [...] same month of June issued forth of the said castle and town [...] gate to the said Earl of Morton, Patrick [Lindsay], lord Lindsay of the Byres [...] sovereign lord's true and faithful subjects, which were to depart fr[om the] town of Dalkeith, and between the abbey and Leith most cruelly [...] and pursued them for their slaughters, tending by overthrowing [...] them at that time if it had lain in their power more easily to have [...] treasonably enterprised against our sovereign lord and his authority, to have, bear [...] his crown royal and authority; therefore our sovereign lord, with advice and consent [...] said regent, three estates and whole body of this present parliament, has decreed [...] declared and, by this act, decree and declare that the said Earl of Morton and Lord Lindsay did good, true and most thankful service to the king's majesty for the common benefit of this realm at the times and places respectively aforesaid, and all other times since the [...] day of [...] last, as well in resisting as pursuing of the said conspirators, rebels and declared traitors aforesaid, or any being in their company for the time, and that all slaughters, mutilations, hurting, wounding, taking of prisoners, horses, goods, money or others whatsoever committed, done and taken by the said earl, lord, men of war and others whatsoever, their partakers, at the times respectively aforesaid, and all that followed or shall follow thereupon was good and lawful in all things and done by our sovereign lord's authority and in defence of his majesty, his crown royal and true subjects; and that, therefore, the said Earl of Morton and Lord Lindsay, the men of war aforesaid, nor no others, our sovereign lord's lieges being with them in company, shall in any way be called nor accused therefore, criminally nor civilly, by any manner of way in time coming.
[1571/8/15]*[print] [email] [cite] [preceding] [following]
†Item, concerning the article proposed to [John Erskine, earl of Mar], my lord regent's grace, the three estates and whole body of this present parliament by John Cunningham of Drumquhassle, Matthew Douglas of Mains, Captains Thomas Crawford of Jordanhill, David Home and Andrew Sempill, for themselves and the remainder our sovereign lord's lieges, takers of the castle of Dumbarton on 2 April 1571 at command of the late [Matthew Stewart, earl of Lennox], my lord regent's grace, grandfather to our sovereign lord, the matter being received and deliberately advised upon, it is found and declared by my said lord regent's grace and three estates aforesaid that the purpose and enterprise invented and taken in hand for winning and recovering of the said house and castle out of the hands of John [Fleming], sometime lord Fleming, declared traitor against our sovereign lord and his authority, and the said lord's servants, assisters and partakers, as also the act of execution of the winning and recovery of the said castle, the slaughter, mutilation or hurting of any persons, and the [...] and destruction of any goods and gear being within the said [...], was, is and in all time coming shall be acknowledged and tho[...] good and profitable service for the king's majesty, our sovereign [...], the common benefit and commodity of his realm and subjects [...]; and declaring that the persons above-written and the remainder of our [...] lieges assisting with them in the winning and recovery of [...] for the causes above-written, or any other thing following [...] thereupon, shall incur no hurt or danger in their persons, [...] goods, nor shall not be called nor accused for the same, criminally [...] civilly, by any manner of way in time coming; discharging [...] this present act all judges and ministers of laws whatsoever [...] this realm, present and to come, of all calling, accusing or in any way proceeding against the persons above-written and others, our sovereign lord's lieges, assisting them in the cause, action and fact above-written, their heirs and executors for that deed or thing depending thereupon, and of their offices in that part for ever.
[1571/8/16]* [print] [email] [cite] [preceding] [following]
†Item, [John Erskine, earl of Mar], my lord regent's grace, three estates and whole body of this present parliament, calling to mind how at the coronation of the king's majesty, our sovereign lord, accomplished and solemnized on 29 July 1567, the nobility, prelates, commissioners of burghs and others, his highness's faithful and true subjects, purposely convened for that effect, in no way neglecting the cause of God, but with the first looking thereto, especially to the estate of the chapel royal within the castle of Stirling where his highness's person was then and presently is resident and nourished, thought it tended to God's honour that the said chapel should be purged of all monuments of idolatries or other things whatsoever dedicated to superstition, that the pure word of God might be truly preached and his sacraments rightly and sincerely administered therein; therefore they gave special and express command and charge to John, earl of Mar, lord Erskine, captain of the said castle of Stirling, that he should cause the said chapel without delay to be purged and reformed in manner and to the effect above-written, which commandment he duly put into execution, declaring himself a noble man and a favourer of godliness. And the same being considered by my lord regent's grace, the three estates and whole body of this present parliament aforesaid, they have allowed and approved and, by this present act, allow, approve and find good the said reformation and purgation of the said chapel royal done and accomplished by the said Earl of Mar and others at his [...], the searching and seeking of all monuments, vessels, vestments [...] apparelling whatsoever which were within the said chapel [...] were dedicated or pertaining thereto, and the disposition and away p[...]; decreeing and declaring that the said earl and other persons, makers [...] reformation and purgation of the said chapel royal, for that d[...] incur any hurt or danger in their persons, lands or goods [...] called or accused for the same, criminally nor civilly, by [...] way in time coming, notwithstanding any laws or [...] ever made or to be made which may appear to extend in the [...]; discharging by this present act all judges and ministers of [...] within this realm, present and to come, of all calling, accusing or in any [...] proceeding against the said earl or other persons, makers of the [...] reformation and purgation at his command, their heirs and executors, for th[...] deed or anything depending thereupon and of their offices in that p[art] for ever.
[1571/8/17]* [print] [email] [cite] [preceding] [following]
[...]†
†Item, forasmuch as [John Erskine, earl of Mar], my lord regent's grace, and three estates and whole body of this present parliament, understanding that John [Lyon], lord Glamis, by act and ordinance made by the late James [Stewart], earl of Moray, late regent to our sovereign lord, his realm and lieges, with advice of the lords of secret council, of the date 3 March 1568 [1569], received from Master James Haliburton, provost of Dundee, the house of Kinnaird pertaining to John Carnegie of Kinnaird, knight, partaker with George [Gordon], earl of Huntly for the time, with certain goods and gear being therein and upon the said Sir John's land adjacent thereto, which house, goods and gear the said Master James had received of before at command of the said late regent and lords of secret council, to be kept and forthcoming to the king's majesty and his said late regent upon the charges and expenses of the self, and that the said Lord Glamis, for himself at the least, his servants and others in his name, kept the said house a certain long space, and, in keeping thereof, intromitted with certain goods and gear for sustenance of the said house; therefore our sovereign lord, with advice and consent of my lord regent and three estates and whole body of this present parliament, willing that the said lord, his servants and other keepers of the said house for the time, their heirs or executors shall incur no danger, damage nor hurt for his service done at command of the said late regent and council as said is, declares that the said lord did good and faithful service to our sovereign lord in the premises and, therefore, the said John Carnegie, or any others pretending or alleging to have any goods in the said house or upon any the said Sir John's lands or rooms, his or their heirs, executors, assignees, shall have no action against the said lord, his servants or [...] being [...] in the said house for keeping thereof for the time as said is, their heirs [...] for keeping of the said house, intromitting with any goods or gear [...] upon the said Sir John's lands, rooms, tacks, steadings and posse[...] thereto taken or intromitted with by them or any of them thereof [...] in any time bygone as said is; discharging all jug[...] realm of all calling or in any way proceeding against the [...] servants or any others aforesaid, their heirs or executors for the f[...] any part thereof, criminally or civilly, by any manner of way in time [...].
[1571/8/18]* [print] [email] [cite] [preceding] [following]
†Item, forasmuch as the common quietness and good of this realm [cannot be] more hindered than by the continuance of the inward troubles and civil dis[sention] that so long has lasted within the same, and as it is godly and for the good [of] the king's majesty and the commonwealth to remove and put away all occasions of discord, so in particular it is thought convenient by [John Erskine, earl of Mar], my lord regent's grace, and three estates and whole body of this present parliament that the escheats and goods of the persons now coming to his highness's obedience, that is to say, Archibald [Campbell], earl of Argyll, lord Campbell and Lorne etc., Hugh [Cunningham], earl of Eglinton, lord Montgomery etc., Gilbert [Kennedy], earl of Cassilis, lord Kennedy etc., Robert [Boyd], lord Boyd, their kin, friends, men, tenants, servants and others specified and contained in their remissions, granted and to be granted to them for the crimes contained therein, shall rest, cease and in no way be taken up by his majesty, his treasurer or by the persons, donators thereto, for any crimes objected to them in the common cause of resisting his highness's authority and not obeying and serving the same in time bygone since his highness's coronation, or for any cause or crime depending thereon; and therefore it is statute, ordained and declared by my said lord regent's grace, with advice of the said three estates and whole body of this present parliament, that the escheats of the said persons now coming to the obedience of the king's majesty, our sovereign lord, in respect of common quietness to be had hereafter, and eschewing of all occasions of discord, shall remain with the said persons, present possessors and owners of the said escheats, notwithstanding the said crime of the common cause of resisting of our sovereign lord's authority and not obeying and serving the same in time bygone since his highness's coronation, or any cause or crime depending thereon, or any process led against the said persons therefore in time bygone; the effect whereof, by virtue and authority of this present act, is decreed and declared to be void and of no value, strength nor effect hereafter, without any process of special reduction or other declaration to follow thereupon; and likewise [it is decreed] and declared that all goods and debts, orderly and lawfully in[tromitted with, by virtue] of the said gifts of escheats in time bygone before the date [hereof, shall remain] with the donators in time coming; and in like manner all [pains and penalties for] non-entering of the said persons now coming to the kin[g's obedience to] underlie the law in time bygone, for matters touchin[g the said common] cause of resisting his highness's authority, or depending [thereon, are simply] discharged by virtue of this present act.
[1571/8/19]* [print] [email] [cite] [preceding] [following]
†Item, our sovereign lord, with advice of [John Erskine, earl of Mar], my said lord regent's [grace, three estates] and whole body of this present parliament, has statute [and ordained that] in case any our sovereign lord's true lieges, beneficed men, happ[en to be] hurt, slain or wounded to the death, and thereafter of the said hurt [or wounds] to die in our sovereign lord's service and in defenc[e of] his authority at any time against the forfeited and declared [traitors] presently being within the castle and burgh of Edinburgh and others, [his majesty's] open and manifest enemies, resisters and conspirators against [his highness's] authority during all the time of the open and manifest resistance th[ereto], that the nearest of the said beneficed men's kin, able and qualified, shall have the presentation, provision and collation of his benefice for that time only, and the same to be conveyed to the nearest of his kin that happens to be slain or dies in manner aforesaid, being always able and qualified therefore as said is; and the profits of their benefices, with the fruits especially on the ground, with the annualrent, thereafter to pertain to them and their executors, as well abbots, priors as all other kirkmen.
[1571/8/20]* [print] [email] [cite] [preceding] [following]
†Item, [John Erskine, earl of Mar], my lord regent's grace, with advice of the three estates and whole body of this present parliament, has statute and ordained that in case any earls, lords, barons, freeholders, landed men, gentlemen or any other person or persons shall happen to be slain, hurt or wounded to the death, and thereafter of the said hurts and wounds happens to die at any time in defence of our sovereign lord's authority against certain his forfeited and declared traitors presently being within the castle and burgh of Edinburgh and others, his majesty's open and manifest enemies, resisters and conspirators against his hi[ghness's authority, during all] the time of the open and manifest resistance thereto, that [their heir or heirs] shall have their ward, non-entry, relief and marriage free [of our sovereign lord], dispensing with their minority and less age what years that [ever they be of], without payment of any teind penny or other profit therefore, and [likewise] all other lords, spiritual and temporal, both of vassals [and subvassals], providing that the heirs aforesaid pursue and obtain entr[y of their over]lords within three terms after the decease of their fathers, or [of whatsoever] other persons whom to they are to succeed for the cau[ses] aforesaid. [And] if the said heirs be of less age, within tutory and being [not entered to their] lands and heritage before their age of 14 years, which [may be through] negligence of their tutors and others, their friends, our sovereig[n lord] privileges and grants to them that they may enter within three [terms next] after their complete age of 14 years as said is, and this to be extended to the non-lineal heir that is to succeed to the person that happens to dec[ease] during the time and in manner aforesaid. And because it may happen the person or persons that happens to decease in manner and during the time aforesaid to have no lawful bairns of their bodies by the heir, therefore ordains that the profit of the ward lands be taken up by their mothers (if there be no tutors testamentars) as long as she remains widow, and, failing thereof, by the nearest and lawful tutors of the said bairns to be distributed to the sustenance of the heir and to the utility and profit of the remaining brother and sisters, to the perfect age of the said heir or heirs: that is to say, if the heirs be male of 21 years and if they be female of 14 years, the profit of the said heirs' marriage being always free to himself, the mother, tutor or governor finding sufficient caution before the lords that they shall make account, reckoning and payment of their intromission before the lords of council or in the exchequer yearly; and if the heirs of the persons that happens to die as said is have any feus, that they enter likewise to their feu lands held of whatsoever persons, spiritual or temporal, within the terms aforesaid without any payment of the feu.
[1571/8/21]* [print] [email] [cite] [preceding] [following]
†Item, our sovereign lord, with advice of [John Erskine, earl of Mar], my said lord regent's grace, three esta[tes] and whole body of this present parliament, has statute and ordained that [in case] any earl, lord, baron, freeholder, vassal, sub-vassal, feuars, mail[ers, tacks]men, tenants, renters, possessors or commons happens [to be hurt or] wounded to the death, and thereafter of the said hurt [or wounds to] die in our sovereign lord's service and in defence of his [authority at any time] against certain his forfeited and declared [traitors presently] being within the castle and burgh of Edinburgh, and others, [his majesty's open] and manifest enemies, resisters and conspirators [against his highness's] authority, during all the time of the open and [manifest resistance] thereto, that their heirs, executors or assignees [shall freely have] their own wards, reliefs and marriages in their [own hands, to be] conveyed thereon as they shall think ex[pedient; and likewise] their wives, bairns, executors or assignees shall [enjoy their tacks], steadings, rooms and possessions, as well of kir[klands as] temporal men's lands, and enter thereto and remain there[with] freely for the space of five years without any grassum or entry silver, paying only mails and duties, used and wont; and this act as well to extend upon kirkmen as temporal men's vassals, as upon our sovereign lord's [vassals].
[1571/8/22]* [print] [email] [cite] [preceding] [following]
†Item, forasmuch as in this present running [parliament], [Matthew Stewart, earl of Lennox], the king's majesty's grandfather and late regent, having proposed of before to make answer to [Elizabeth I], the queen's majesty of England's letter sent to him touching the directing of commissioners for the part of our sovereign lord the king to the frontier at Berwick, where also her majesty intended to send some persons of her council to hear and deliberate upon matters in contention for establishing of quietness between the two realms, as also to commune upon the differences of the crown, at the receipt of the which letter, the matter being of such importance that no few number dare presume to treat or grant commission thereupon, opinions of the whole estates thought necessary and requisite to be had therein; which being moved and proposed to the said estates [...] of this present parliament by our sovereign lord's late [...] regent, they being ripely advised therewith, then took [...] queen's matter of England's meaning in very good p[art] [...]ance of her accustomed care towards the preserva[tion ...] of our sovereign lord and his good subjects and of the [...] realms, and therefore gladly willing to embrace [...]ceeding on her majesty's motion, they thought and also [...] of commissioners be at the borders. And for the part [of the k...] our sovereign will in no way refuse the same, to confer and tr[eat ...] queen's majesty of England's commissioners upon all d[iffere ...] causes or matters depending between the subjects of either rea[lm] given upon the occasion of the late troubles, and for further conf[irm]ation or augmenting of any treaty of peace heretofore made and concluded between the realms of Scotland and England, or for contracting and perfecting of any new treaty or consideration, as well for the maintenance of the true religion publicly professed by the inhabitants of both the realms, and for resisting of any power that might be stirred up within either realm going about to disturb the amity wherein it has pleased God to contain the two realms in the unity of the said religion; as also for the increase of amity, peace and concord between her majesty and our sovereign lord, her and his realms, dominions, people and subjects, and therefore, when it shall be her majesty's good pleasure to authorise commissioner or commissioners and send them to her frontiers to the effect aforesaid, the estates thought good that they be met by the noblemen of this realm, and for that purpose have nominated the noblemen and others after specified: that is to say, James [Douglas], earl of Morton, lord of Dalkeith etc., chancellor and great admiral of Scotland, Archibald [Campbell], earl of Argyll, lord Campbell and Lorne etc., great justice, John [Graham], earl of Montrose, lord Graham, Alexander [Cunningham], earl of Glencairn, lord Kilmaurs, William [Ruthven], lord Ruthven, treasurer, John [Lyon], lord Glamis, Patrick [Lindsay], lord Lindsay of the Byres, Robert [Sempill], lord Sempill, Robert [Boyd], lord Boyd, Adam [Bothwell], bishop of Orkney, commendator of Holyroodhouse, Robert [Pitcairn], commendator of Dunfermline, secretary, James [Stewart], commendator of Inchcolm, David [Erskine], commendator of Dryburgh, Sir John Bellenden of Auchnoull, knight, [clerk] of justiciary, and Master James MacGill of Nether Rankeilour, clerk register, to whom any four, three [...] of them, our sovereign lord, with advice of his right trusty [cousin] John [Erskine], earl of Mar, lord Erskine etc., now regent to his [highness], his realm and lieges, and also with advice of the three est[...] whole body of this present parliament, gives full power [...] to convene, treat and conclude with commissioners or [...] whatsoever of the queen's majesty of England at [...] days and places to the effect above-written, and [...] the title of the crown of this realm, the said lo[rd] and whole estates will in no way condescend to [grant], to commune or enter in question thereupon.†