[1578/7/1]*[print] [email] [cite] [preceding] [following]
Forasmuch as it was murmured and meant by some evil advised persons, our sovereign lord's lieges, opponents of his grace's government and rule of this realm and lieges thereof in his own person, and of the holding of this present parliament within the castle of Stirling, whereby it was alleged that there was no free access nor liberty to the said lieges to freely repair and resort to our said sovereign lord, his three estates and lords of the articles to communicate in such affairs as were treated therein, albeit the contrary thereof be well-known and that all our said sovereign's lieges had, and have, free access thereto, and none stopped to come to his highness nor to the said lords to that effect; therefore our said sovereign lord, with advice of his three estates of this present parliament, has declared and declares the same to have been, and to be, a free and public parliament where all his lieges had, and have, free access, liberty and freedom to resort and repair to the said castle where the same is and was held who pleases to come thereto, without stop, trouble or interruption.
[1578/7/2]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of parliament, understanding how that after the long troubles and dangerous civil war with which this realm was disquieted from the birth and coronation of his majesty to the month of November 1577, the late John [Stewart], earl of Mar, lord Erskine etc., then regent to his highness, his realm and lieges, being lately deceased, James [Douglas], earl of Morton, lord Dalkeith, at the earnest suit of the nobility and estates then convening, being nominated and elected by them, accepted upon him the government of our sovereign lord, his realm and lieges, which election and nomination, with his acceptance of the said charge, being duly ratified and confirmed by his highness and his estates in his majesty's parliament held at Edinburgh, 26 January 1572 [1573], he, according thereto, entered in the rule of this realm in a most perilous time in respect of the said civil war, and the castle of Edinburgh being then fortified and detained against our said sovereign lord by such as rebelled against his highness and a great number of the principals of the nobility then standing disobedient in his majesty's authority, which castle being recovered and the disobedient subjects reduced to their allegiance, and the whole estates shortly pacified by the prudent and diligent travail of the said James, earl of Morton, with his great and sumptuous charges, he has since then worthily used and exercised the government of this realm from the acceptance of the same to the day of his dismissal thereof, which was the [...] day of March last; at the which time, our said sovereign lord, the end of the twelfth year of his age approaching, accepted the administration of his realm and lieges in his own person, the said late regent having earnestly long before wished our said sovereign lord's ability for the charge and craving nothing more earnestly to be disburdened thereof with honour and [...] of our sovereign lord's person and estate and the public peace and tranquillity of this realm and subjects, which the said James, earl of Morton plainly testified not only by his letters patent of relinquishment under his seal and subscription of the date aforesaid, but otherwise by his most humble obedience rendered to his majesty's authority, accepted in his highness's own person as said is, and by his humble obedience in rendering of all things committed to his charge and keeping during the time of his rule, and of his moveables and jewels which he had during the time of the same rule recovered from others after the appeasing of the said late troubles; therefore, our said sovereign lord and three estates of parliament have ratified, approved and affirmed, and by the tenor hereof, ratify, approve and affirm the relinquishment and renunciation of the said government made by the said James, earl of Morton to our said sovereign lord, to be exercised thereafter in his own person from the date of the said relinquishment and renunciation by the said James, earl of Morton's letters of demission patent under his seal and subscription of the date above-specified, notwithstanding the said demission was made in the minority of our sovereign lord, before the said earl's rule was expired, by reason that the said act of parliament made at his acceptance thereof appointed his said government to continue during the minority of our sovereign lord and that, in respect thereof, there shall be no fault assigned to the said earl. And also our said sovereign lord and his three estates of parliament ratify and approve our said sovereign lord's acceptance of the said government after the aforesaid relinquishment, and find and declare that the administration of his highness's realm, government and authority thereof is in his highness's own hands, to be governed and administered by himself with advice of the council, which, by this present parliament, shall be appointed to his highness. And, therefore, our said sovereign lord, with the said three estates of parliament, all in one voice, have declared and declare that there is no other authority, nor form of authority, counsel nor government within his highness's realm but that which is established in his majesty's own person, to be administered and exercised by his highness, with advice of the aforesaid council, by the estates of this present parliament to be established, discharging and annulling all other forms of authority and government except the form, government and authority above-specified. And further, our sovereign lord and three estates aforesaid find and declare that the office, power and authority of our sovereign lord's council elected of before at Stirling, the [...] day of [...] last, ended and expired upon 10 July this year, and rescind, retreat, abrogate and annul all and whatsoever things that proceeded and were done by them in name of our sovereign lord or as his council, to be of no value, force nor effect, with all that followed thereupon since the said 10 July. And therefore commanding all his highness's lieges that they, nor none of them of whatsoever quality, estate or degree that ever they be of, take upon hand to come in contrary to the things above-mentioned or any part or point thereof, directly or indirectly, or take upon them to do anything in name and by the authority of our sovereign lord, or to obey any other authority, government or counsel except as is before specified, under all highest punishment and charge that the said contraveners and every one of them may incur by the laws of this realm against their allegiance and his highness's authority. And that publication be made of this present act at the market crosses of all burghs and other needful places with convenient diligence.
[1578/7/3]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves all and whatsoever acts of parliament, statutes and constitutions passed and made of before, agreeable to God's word, for maintenance of the liberty of the true kirk of God and religion now presently professed within this realm and purity thereof, and decrees and declares the same to have effect in all points after the form and tenor thereof.
[1578/7/4]*[print] [email] [cite] [preceding] [following]
†Forasmuch as our sovereign lord, with advice and consent of the three estates of parliament, has ratified and approved the relinquishment of the authority of his government made to his highness by James [Douglas], earl of Morton, lord Dalkeith, late regent to his majesty, his realm and lieges, to be exercised hereafter in his own person by advice of his council by this present parliament appointed, and likewise has declared that there is no other authority, form or face of regiment or counsel but that which is established in our sovereign lord's person, to be exercised by the advice of his council; and the said three estates considering well the tender age of our sovereign lord, and that as yet he has small experience in matters of weight and importance concerning his majesty's crown, the estate of this realm and government of his subjects, they, all in one voice, having thereto his highness's own mind and will, have elected and chosen and, by the tenor hereof, elect and choose [the] [un]derwritten to be lords of our sovereign lord's privy council [per]sons: they are to say, James, earl of Morton, lord Dalkeith etc., [Colin Campbell], earl of Argyll, lord Campbell and Lorne, justice-general etc., Ro[bert Stewart, earl of Lennox and lord] Darnley, Hugh [Montgomery], earl of Eglinton, lord Montgomery, William [Cunningham], earl of [Glen]cairn [...] Andrew [Leslie], earl of Rothes, lord Leslie, Robert [Douglas], earl of Buchan, Robert [Boyd], lord Boyd, An[drew Stewart, lord] Ochiltree, Alan [Cathcart], lord Cathcart, David [Erskine] commendator of Dryburgh, and Adam [Erskine], commendator of Cambuskenneth, in addition to our sovereign lord's officers, to wit, [John Stewart, earl of Atholl], lord chancellor, [William Ruthven, lord Ruthven], treasurer, [Robert Pitcairn, commendator of Dunfermline], secretary, [Sir William Murray of Tullibardine], comptroller, [James MacGill of Nether Rankeilour], clerk register, justiciary, [David Borthwick or Robert Crichton of Eliock], advocate, and [Master George Buchanan], keeper of the privy seal, admitting also the officers to have access to the council to be present there as they shall be commanded; the which ordinary officers are appointed [for]ever upon our sovereign lord's council, so many of them as will repair there, providing always that of the said officers there be four, three or two at the least continuously resident as they shall be commanded by our sovereign lord and the remainder of his council, and that in absence of the lord chancellor there be one president appointed by the remainder of the council then resident who shall exercise his office to his returning. Likewise, whenever the comptroller, treasurer or secretary shall happen for necessary causes to be absent, they shall have their deputes continuously resident with the council for the discharge of such things as pertain properly to every one of their charges, for the which deputes they shall be held to answer respectively; and of the remaining twelve persons, in addition to the said ordinary officers, there shall remain with our sovereign lord at Stirling, where his majesty now is, or where his highness shall happen to be for the time, four persons, by the order and course following, which shall be obliged to make their residence for the space of two months: that is to say, the said James, earl of Morton, Robert, earl of Lennox, Alan, lord Cathcart and Adam, commendator of Cambuskenneth, shall make residence with our sovereign lord upon his council from 1 August 1578 inclusive to 30 September 1578; the said Colin, earl of Argyll, Robert, earl of Buchan, Robert, lord Boyd and Andrew, lord Stewart of Ochiltree shall enter on 1 October 1578, remain and continue to 30 November 1578 inclusive; the said Hugh, earl of Eglinton, Andrew, earl of Rothes, William, earl of Glencairn and David, commendator of Dryburgh shall enter on 1 December 1578 and remain and continue to 31 January 1579 inclusive; and thereafter to begin and continue their courses of residence successively according to the order and disposition aforesaid, providing always that in case any of the said persons now elected refuse or delay to accept their charge, or after their acceptance die, that our sovereign lord, with advice of the remainder of the said council, shall elect and choose others in their place. As also his highness, with advice aforesaid, thinks expedient to join others to the whole number, not exceeding two or three persons, which whole persons now chosen presently upon the king's council have made faith in presence of the king's highness and estates aforesaid that they and every one of them shall give their faithful, loyal and true counsel in all things that shall happen to be proposed in council tending to the honour and surety of our sovereign lord's most noble person, the common affairs of this realm and lieges thereof, and keep the same secret and unrevealed by any manner of way as they shall answer to God and his highness upon the contrary (excepting the said earls of Argyll, of Rothes and the chancellor, secretary, director of the chancellery now absent and others to be chosen as said is). And, therefore, the king's grace and estates aforesaid give and grant full power and commission to the rest of the aforesaid persons chosen upon the said council, or any four of them, to receive the oaths of the said lords absent when they shall happen to compear, which they declare to have as great strength, force and effect as the same were now presently done. And because it is perfectly known to our sovereign lord and three estates aforesaid that the said James, earl of Morton, his late regent, faithfully, truly and diligently governed the said realm and lieges during the time of his regiment, to the profit [of] our sovereign lord, the commonwealth of the realm and the tranquillity of all the subjects; in respect whereof, and of his wisdom and experience in the affairs of the estate, he is elected and chosen as one of his highness's privy council, appointed to endure until further order be taken by parliament; and by reason that the said earl has very lately in his government and regiment presented our sovereign lord's person in execution of his authority royal, and also in respect of his good qualification, diligent knowledge and experience in the affairs, our sovereign lord, with the advice of his three estates for the causes aforesaid, and also that the said earl and such persons of the nobility as shall be charged in such manner with the service of our sovereign lord and his successors may consider that they shall be promoted and advanced to honours, and that his highness is not, nor shall not, be forgetful of their service past, therefore it is ordained by our sovereign lord and his three estates aforesaid that the said James, earl of Morton shall be the first of his majesty's council and all other honours and pre-eminences before any of his highness's subjects, in respect that he has so lately borne the commandment of his majesty in his highness's name above his lieges as said is. It is ordained also that [Mr John Colville], master of requests, and [James MacGill of Nether Rankeilour], clerk of secret council, shall every day remind the lord chancellor, or, in his absence, his place-holder, of the affairs concerning the state of the causes depending and of requests and supplications made, that they may be presented, heard, treated and determined as the necessity of every one of them shall require, providing always that in the council before noon be treated only the public affairs of the estate of the realm concerning the king and common affairs, and that the supplications and bills be read and delivered and particular causes heard, reasoned and determined after noon (unless that before noon there be no such occasion as is before specified); and that the said lords convene every day before noon and after noon for treating of the said affairs and remain together in decent form as becomes their estates, honours and offices for such reasonable space as the expedition of their present affairs shall require. And because the greatest prejudice that may† be engendered to our sovereign lord either concerning matters about the estate public, his own particular commodity or the rule of his subjects, may stand and consist in the passing and directing of signatures, letters and missives, it is considered and found expedient, as also it is statute and ordained, that the treasurer, comptroller or secretary, by themselves or their deputes for the which they shall be held to answer as said is, shall first receive all letters, writs and signatures pertaining properly to their offices, to wit, the treasurer and his deputes, all signatories of new infeftments proceeding from the king's new disposition; infeftments of lands coming into his highness's hand by forfeiture, recognition, bastardy and as last heir; of presentations of heritable tenants to other superiors of lands held of them and coming in our sovereign lord's hands by reason of forfeiture, bastardy and as last heir; of gifts of escheats, of liferents and of reversions fallen in escheat by forfeiture; of rehabilitations of persons forfeited unproven or defamed; of respects and remissions of gifts and confirmations of new regalities; of erection of new barons and union thereof; of gifts of non-entry in prejudice of the said sub-vassal, and of natural sasines and of tailzies; which being received first from the party by the said treasurer or his deputes, they shall proceed no further therein without the advice of our sovereign lord's aforesaid council, in whose presence at their assembly the same shall be shown and considered and the abridgement of the same and every one thereof shall be inserted in the council book by the clerk, with record of the grant or refusal of the same by the council. And if the suit be found unreasonable, that there it shall stay and pass no further; but if the same be granted, then shall the treasurer or his deputes then resident, with any two of the said lords of council, in addition to the ordinary officers aforesaid and the clerk of secret council, subscribe the said signature or writ granted in presence of the whole council at their sitting and convention and no otherwise, thereafter that the said signature, letter or writing be presented to his majesty to be subscribed, if his highness finds the same reasonable to be granted; and that no signature, letter nor writing passed otherwise than the order before specified be of force, strength nor effect, and commanding the keepers of the signet, privy and great seals that they pass no signature or letter except upon the warrant, keeping all the premises as they and every one of them will answer to our sovereign lord. And as concerning other common signatures, such as of resignations or confirmations after the form and tenor of the old infeftment, nothing changing but the person who shall be infeft, the signatures of legitimations, gifts of escheat of moveables, signatures of regress, of wards, non-entries, relief and marriages, of the gift of penalties, signatures of foundation and mortification of goods moveable fallen in escheat by bastardy or as last heir, and of all other signatures concerning the treasurer (except before excepted), the treasurer and his clerk may take their composition and fine with the party according to their own discretion as has been used before. It is provided always that the composition of the infeftments of feu ferm of kirklands shall pass by the commissioners appointed thereto, as the custom has been before in like manner; that the comptroller and his deputes take care of the king's property to the customs, and that, by the advice of the council, he put searchers for forbidden goods and goods uncustomed had, or to be had, out of the realm; and that no licence be given for transporting of forbidden goods and goods uncustomed had, or to be had, out of the realm by the advice of the council. Likewise, that the comptroller and his depute present to the council all signatures of new infeftments of the king's property or signatures passed upon resignations where the contradiction of the old infeftment is in any way altered, and that they proceed thereupon in manner aforesaid as is above-specified concerning the expedition of signatures pertaining properly to the treasurer. The said comptroller and his deputes may always set five years' tack by virtue of his office for payment of the grassum and duty and also may enter the kindly and native tenants and pass all other common signatures properly pertaining to his office without the determination of the council. And the secretary and his deputes shall attend upon their proper charge, to wit, upon the dispatch and receipt of all messages foreign and within the realm, of all requests made by our sovereign lord to any of his subjects and all other messages directed for convening and assembling of his estates, lieges and subjects and others, by the which our sovereign lord may be found and obliged; all safe conducts and supplications for safe conducts, provisions of benefices by resignation, demission or new donation, all the which shall be subscribed by the secretary or his deputes being for the time under our sovereign lord's subscription, they being always proposed and considered by the council and approved by them as said is. And also that no person present any signature, letter or writ to our sovereign lord to be subscribed by his highness except the officer to which the charge thereof properly appertains as said is, providing if they refuse, the complaints of all persons thereby interested shall be heard in the council. It is also provided that all letters commanding our sovereign lord's subjects to any effect shall be directed by the advice of the council and no other way. And in consideration of the absence of Robert, commendator [of Dun]fermline, secretary to our sovereign lord, now ambassador to the queen of England, it is agreed that [...] George Buchanan, pensioner of Crossraguel, and Master Peter Young, preceptor to our sovereign lord, supplies his place in that behalf, the one in absence of the other. And also it is statute and ordained that the treasurer and comptroller answer none of our sovereign lord's precepts for sums of money to any person or persons, unless the said precepts direct or to be directed be inspected and approved by the said council, and this present order taken to endure until an order be taken by the parliament.
[1578/7/5]*[print] [email] [cite] [preceding] [following]
Forasmuch as the universities of this realm are appointed for the education of the youth who should be said to be of good learning and manners within this realm, and that the same being rightly founded, as well in rents as provisions of masters and bursars, and that notwithstanding they are misused by particular persons to their own advantage, without respect of the education of the youth in virtue and good letters, regarding not the commonwealth of this realm; for remedy of the which, our sovereign lord, with advice and consent of the three estates of parliament, gives, grants and commits full power and commission to the right honourable reverend persons after-following, to pass to the colleges and universities after-specified, and there visit and consider the foundations and erections of the universities and colleges within this realm; with full power to them to reform such things as sounds to superstition, idolatry and papistry, and to displace such as are unqualified and not fit to discharge their office in the said universities, and to plant such qualified and worthy persons there as they shall find good and sufficient for the education of the youth and according to the common welfare of this realm: that is to say, for the universities of St Andrews, [Patrick Adamson], archbishop thereof, [James Boyd],archbishop of Glasgow, [David Cunningham], bishop of Aberdeen, Robert [Stewart], earl of Lennox, Robert [Douglas], earl of Buchan, Master Andrew Melville and Master Peter Young; for the University of Aberdeen, the said archbishop of St Andrews, the bishop of Aberdeen, the said Robert, earl of Buchan, [Robert Keith], commendator of Deer, Master Robert Maitland, dean of Aberdeen, and Master George Hay, parson of Ruthven; for the University of Glasgow, the archbishop thereof, the said Robert, earl of Lennox, Robert [Boyd], lord Boyd, Master Andrew Hay, Master Thomas Smeaton and Master Andrew Polworth; which persons particularly above-written, appointed as said is, shall convene and begin at St Andrews on 1 November 1578; at Aberdeen on 15 November 1578; and at Glasgow on 24 November 1578; and they being convened at the particular places respectively above-stated shall put this present act and ordinance to due execution in all points, after the form and tenor thereof, as they will answer to our sovereign lord thereupon, and to report their proceedings respectively to the king's grace and council on 1 January 1579, and to that effect that they may take further order at that point if need be.
[1578/7/6]*[print] [email] [cite] [preceding] [following]
†Item, concerning the article proposed if ministers and readers ought and should pay teind for their glebes and kirklands designated to them, according to the act of parliament made thereupon, for answer thereto, our sovereign lord, with advice and consent of the three estates of this present parliament, finds and declares that the said ministers and readers ought and should pay no teinds for their said glebes and kirklands extending to four acres of land designated to them, according to the said act, but decrees and declares them to be free of the said teinds and discharges them simply thereof in all time coming.
[1578/7/7]*[print] [email] [cite] [preceding] [following]
†Item, because diverse hospitals have been erected by our sovereign lord's most noble progenitors and other zealous and devout men within the country, which in all ways are coming into decay by negligence of such to whom the one cure thereof pertains, and are set in feu and tacks without all good order, in respect that the victuals and other profits pertaining to the said hospitals are converted into small sums of money, so that the poor and beadles of the said hospitals have small [means] or nothing to live upon. For remedy of the which, our sovereign lord, with advice and consent of the three estates of parliament, ordains [John Stewart, earl of Atholl], chancellor, for all the hospitals founded by our sovereign lord's most noble progenitors, and the bishops and commissioners of the diocese where no bishops are provided for all other hospitals, [to] try the quantity of their rent, the order of their foundation and the estate wherein the rent presently is, and to that effect, that the lords of council and session direct letters charging the holders of the foundations and erections of the said hospitals, feuars and tacksmen of the lands and others pertaining thereto to produce the same before the said chancellor, bishop and commissioners at such days and places as they shall appoint, to be seen and considered by them to the effect that order may be taken upon the reformation of the decay of the same hospitals, under the pain of rebellion and of putting them to the horn; and that the said chancellor and others aforesaid report their answer to the king's grace and lords of secret council between now and Easter coming.
[1578/7/8]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates of parliament, having considered with careful deliberation and been advised how that, after the long troubles and dangerous civil war with which this realm was made unquiet, from his highness's birth and coronation until the month of November 1572, his highness's late right trusty cousin John [Erskine], earl of Mar, lord Erskine etc., regent to his majesty, his realm and lieges, being deceased, his right trusty cousin and counsellor James, earl of Morton, lord of Dalkeith etc., being nominated and elected by the nobility of this realm, accepted upon him the regiment of the same and lieges thereof; the which election and nomination, with his acceptance of the said charge, being duly ratified and confirmed by our said sovereign lord and his estates in the parliament held at Edinburgh, 24 January 1572 [1573], the said James, earl of Morton, lord of Dalkeith, entered in the administration of the said regiment in a most perilous time in respect of the said civil war and the castle of Edinburgh being then fortified and detained against our said sovereign lord by such as had rebelled against his highness, and a great number of the principals of the nobility then standing disobedient to his majesty's authority; which castle being recovered and the disobedient subjects reduced to their allegiance and the whole estates shortly pacified by the prudent and diligent efforts of the said James, earl of Morton, with his great and sumptuous charges he has since worthily used and exercised the regiment of this realm, from the acceptance of the same in his person to the day of his demission thereof, which was [8] March 1578, at the which time, our said sovereign lord, the end of the twelfth year of his age approaching, accepted the administration of his realm and lieges in his own person, the said late regent having ear[ne]s[tl]y wished our sovereign lord's qualification for the charge and craving nothing more earnestly than to be unburdened thereof, with honour and surety of our sovereign lord's person and estate and the public peace and tranquillity of this realm and subjects. Therefore our said sovereign, with advice of the three estates, having good proof of the true and faithful service done to his majesty by the said James, earl of Morton, as well before his acceptance of the said regiment as since for defence and safety of our said sovereign lord's person and authority, chiefly in the dangerous times then occurring, and being mindful of his said good and faithful service, in respect thereof, and that others of the nobility that shall happen to be employed in his highness's service may serve his majesty and successors with the greater affection in time coming, have taken full cognition in the cause and therefore have found and, by the tenor of this present act, find, declare and decree that the said James, earl of Morton has duly, lawfully, justly and diligently exercised the said office of regiment and all affairs, causes and charges thereto appertaining, and has truly, as accorded in all respects, administered the same from the time of the acceptance thereof to the day of his demission of the same, and has ever during the same space, in all his proceedings in the government of this realm, kept a true, faithful and just part towards our said sovereign lord, his realm and lieges in all the affairs thereof, without crime, offence or fault, and ratify and approve whatsoever things done by him during his said regiment. And therefore our said sovereign lord and three estates of parliament decree, declare and ordain that the said James, earl of Morton, his heirs and successors shall not be accusable for any manner of crime of whatsoever greatness or weight, without exception, that may be allegedly committed by him in times past, but that he, his heirs and successors are, and shall be in times coming, freely discharged and exonerated of any accusation and other proceeding, calling, pursuing, moving of lawsuits or question against them for any cause, crime or occasion of crime whatsoever that may be imputed to them, however great that ever the same is; and that this present declaration in parliament be a sufficient exoneration and acquittance to the said James, earl of Morton etc., his heirs, successors and assignees of all crimes, questions or defences that can, or may be, criminal or civil, imputed to him or them by our said sovereign lord for any fact or deed done by him, his servants and ministers in the said administration of regiment during the space and time thereof; and this present acquittance and discharge our said sovereign lord and three estates aforesaid will and grant to be as valuable and of as great strength, force and effect in all respects as if the highest crime that can or may be imputed to any person were especially expressed therein, discharging all judges and ministers of the laws that none of them attempt anything in the contrary thereof, and of their offices in that part. And further, our said sovereign lord and three estates of parliament have discharged, indemnified and exonerated and, by the tenor of this present act, indemnify, discharge and exonerate the said James, earl of Morton etc., his heirs, executors, assignees and successors, his ministers, factors and servants of all sums of money, coined and uncoined, all mails, ferms, profits, rents and duties, both of the property, patrimony and casualties of this realm and dominions thereof, and of his highness's coin and profit thereof, the thirds of benefices, with all other goods, gear and things whatsoever, as well unnamed as named, pertaining or that in any way might have pertained to our sovereign lord since his intromission with the said office of regiment, intromitted with by the said James, earl of Morton, his ministers, factors and servants in his name during the said space; and with advice and consent of his said estates, wills and grants that this, his highness's exoneration and discharge, be as valuable and of as great strength, force and effect to exonerate, indemnify and discharge the said Earl of Morton, his heirs, executors, assignees and successors of anything of whatsoever value, great or small, that may be asked, required or pursued by our said sovereign or his successors against the said Earl of Morton, his heirs, executors, assignees or successors as pertaining to his highness by any right or title during the said space of the said James, earl of Morton's regiment and administration, as if the same had been especially stated in this present discharge and as if the greatest and most valuable things with the which he may be charged had been heretofore stated. Moreover our sovereign lord, by the advice of the three estates of parliament, exonerates, indemnifies and discharges the said James, earl of Morton of the castle of Edinburgh, ammunition, moveables, artillery, jewels and clothing being therein specified in the inventory made thereupon and by deliverance made thereof to Alexander [Erskine], master of Mar, by his highness's commission directed thereupon, with advice of the lords of his secret council, and ratifies and approves the acquittance and discharge given by William [Ruthven], lord Ruthven, treasurer to our sovereign lord [and] Patrick Lindsay of the Byres, commissioners to his highness in that behalf. And also our said sovereign lord, with advice and consent aforesaid, ratifies and approves the exoneration and discharge granted of before by his highness, with advice of the lords of his said secret council, to the said James, earl of Morton of the said administration of regiment during the space aforesaid; likewise his highness, by advice of the said three estates, promises in the word of a prince to ratify all and sundry the premises in the next parliament after his perfect age and never to come in the contrary hereof directly nor indirectly, without prejudice always of the bond made by the nobility, estates and barons of this realm, subscribers thereof, to the said James, earl of Morton for moving of our said sovereign lord, providing always that this present discharge and ratification in no way prejudices our sovereign lord concerning his general revocation of the things that come under the same, according to the laws of the realm.
[1578/7/9]*[print] [email] [cite] [preceding] [following]
Our sovereign lord the king's majesty and three estates of this present parliament, perfectly remembering and understanding that in September 1571, immediately after the decease of Matthew [Stewart], earl of Lennox, his highness's grandfather and regent of good memory, in the heat of the internal wars and troubles then raised and raging against his majesty's authority, the late John, earl of Mar, father to the now John [Erskine], earl of Mar, was nominated, elected and constituted regent to his majesty, his realm and lieges, and the said election and constitution and acceptance of the said office by the said late John, earl of Mar was by his majesty, with consent and approbation of the earls, lords, prelates, commissioners of burghs, barons and other faithful subjects convened in parliament, decreed lawful and sufficient, and that whatsoever things the said late John, earl of Mar, regent, had done, by virtue of his said office, or which he should do thereafter in his majesty's name and authority, to be as duly, lawfully and righteously done, and to have as great value and effect in all respects as anything done by whatsoever regents or governors within this realm in the minorities of any other native princes of the same. And the said late Earl of Mar, for due administration of his said office and defence of his majesty and his highness's authority, was compelled to leave his majesty's most delectable presence and company and his honourable and peaceable estate of living in the castle of Stirling and pass to the town of Leith, and there, with the other noblemen and faithful subjects defending and assisting his highness's authority in holding off a great number of men of war, and furnishing of munitions and other things necessary for war against the great number and strength of adversaries then being in great company in the castle and town of Edinburgh and diverse places of his majesty's realm, not only spent and disbursed all and whatsoever rents, rooms and other profits that might be brought in pertaining to his majesty, either in property or casualty, besides the thirlage of his own living and the rents of his proper dependence for the advancement of our sovereign lord's service, but also often both day and night exposed his own body and life with the other noblemen and faithful subjects aforesaid to the shot of the cannon and edge of the sword by all the space for the most part of his life, after the election and acceptance of the said office by him, until it pleased the almighty God, in the favour of his majesty by the prudent administration of the said office by the said late Earl of Mar and the faithful and stout defending of his majesty's authority by him and other noblemen and faithful subjects assisting thereto, an abstinence was taken for further treating of the pacification of the said troubles in July 1572, after the which shortly the said late earl, at the pleasure of God, departed out of this life. Therefore, in respect of the manifest truth of the premises, our said sovereign lord and estates aforesaid, by this present act, declare and decree that the said late John, earl of Mar, sometime regent to his majesty, his realm and lieges, duly, valiantly, justly and diligently exercised the said office of regiment and all affairs, causes and charges thereto appertaining from the time of his acceptance of the said office to his decease, and in all his proceedings and doings the time of his government and regiment kept and observed a true, just and valiant part toward his majesty and defence of the authority, realm and lieges in all affairs thereof without offence or fault; and ratify and approve, therefore, all and whatsoever things done by him in the same and exonerate and discharge John, now earl of Mar, son and heir to the said late John, earl of Mar, his heirs, successors and assignees of all and whatsoever facts and things done by his said late father, his servants or others in his name, in the administration of the said office of regiment and during all the space and time of the same; and also of all sums of money, mails, ferms, profits, rents, revenues and duties, both of his majesty's proper patrimony and casualty of this realm, and profit of his majesty's coin, thirds of benefices and whatsoever other goods or gear, as well unnamed as named, pertaining or that might in any way have pertained to his majesty during the time aforesaid intromitted with by the said deceased Earl of Mar, his factors and servants in his name, and all action and instance that may be intended or pursued against the said John, now earl of Mar, son and heir to the said late John, earl of Mar, or any others by his occasion in any way concerning the premise or any part thereof, providing always that this present discharge and ratification in no way prejudices our said sovereign lord concerning his general revocation of the things that come under the same.
[1578/7/10]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of parliament, having considered and well remembered the true, faithful and thankful service done by the late John [Erskine], lord Erskine, father to the late John, earl of Mar and grandfather to John, now earl of Mar, to his majesty's grandfather King James V of most noble memory, [Mary], his mother, and his highness's self respectively in the times of their infancy and youth by government and attendance of their persons being committed to them, as in whom there was most assured trust reposed, as lately our sovereign lord's most dearest mother, with advice of a part of her nobility, committed the nursing of our sovereign lord shortly after his birth to the said late John, earl of Mar, who last deceased, which charge he accepted in and upon him and duly accomplished and fulfilled the same until his death, which was in the month of October 1572; at the which time, order being taken of new for preservation and surety of his highness's person, it was thought most convenient that his majesty should abide and remain within the castle of Stirling where he has been brought up from his youth, the heritable keeping whereof pertained to the said John, earl of Mar, but in consideration of his tender age at the time of his said late father's death, he being then eleven years of his age or thereby, it was appointed and devised that the charge and attendance upon our sovereign lord's person should lie for that time upon Alexander [Erskine], master of Mar, assisted always with the friends of the house of Mar, our sovereign lord's regent for the time; and his council's intention being that the said charge should endure until that the said John, earl of Mar might become more able for that service, which appointment and order was duly and well observed, and our sovereign lord approaching the end of the twelfth year of his age, having received the government of his highness's realm in his own hand by demission of the regiment thereof lately exercised of before by James [Douglas], earl of Morton, lord of Dalkeith, who at our sovereign lord's commandment, by advice of the secret council and estates, had delivered to the said Master of Mar his highness's castle of Edinburgh, with the whole plenishing inside, jewels, moveables, ammunition and artillery being therein; and at the same time, the said John, earl of Mar coming to manhood, and by the assistance of the friends of the house, able and qualified to serve in the said charge with which the said Alexander, master of Mar was burdened, but especially in respect of his age, being in pupillage at the time of his said late father's decease, and being appointed to the keeping of the said castle of Edinburgh with the moveables, jewels and ammunition received therewith, being of so great value and importance, could not conveniently attend upon his highness's service in awaiting upon our sovereign lord's person, together with the keeping of the said castle of Edinburgh, as appertains; and herewithal there appearing a certain discontent and diversity to arise between the said John, earl of Mar, his friends and dependants and the said Alexander, master of Mar, which was likely to increase, to the hindrance of our sovereign lord's service, the same was by our sovereign lord and lords of his highness's privy council timeously foreseen, and the matter, being tried in presence of both the said parties, final order was taken by his highness and lords of secret council by all their consent that for diverse reasonable causes the attendance upon our sovereign lord's person and keeping of the said castle of Stirling, where his highness did abide and abides, should chiefly appertain to the said John, earl of Mar, as an ordinance made by our sovereign lord and lords of secret council, approved and subscribed by both the said parties of the date at Stirling Castle, 3 May 1574, at more length purports; and therefore our sovereign lord and the said three estates of parliament have found, declared and decreed, and by the tenor of this present act, find, decree and declare that the late John, earl of Mar, sometime regent to his majesty, his realm and lieges, and John, now earl of Mar, lord Erskine, his son and heir, Dame Annabella [Murray], countess of Mar, his mother, Alexander Erskine of Gogar, master of Mar, David [Erskine] commendator of Dryburgh, Adam [Erskine], commendator of Cambuskenneth, and James Colville of Easter Wemyss and [John] Livingstone of Dunipace and others, the friends, servants and dependants upon the said Earl of Mar assisting his said late father and mother, his uncle and himself in performing of the charges of the preservation of his majesty's person and castle of Stirling, in the which his highness's residence has been to this present time, have done his majesty worthy, true, thankful and good service, and duly accomplished their said charge, and that whatsoever intervened or was done in the late alteration of the estate of the keeping of the castle aforesaid and attending upon his majesty's person being therein on 26 April 1578, or since, was done for the honour, well and surety of his highness's most noble person and furtherance of his service, and for discharge of the said Earl of Mar and pensions aforesaid, [his] duties in the safeguard of our sovereign lord's person and the honour of that house to the which the credit was committed according to the instructions given to the said late John, earl of Mar, his father, at the first receiving of his highness's person and castle aforesaid in keeping and diverse times since; and that the said earl, the said countess of Mar, his mother, the said Master of Mar and the commendators of Dryburgh and Cambuskenneth and others, the said earl's friends, dependants and servants assisting them therein the day aforesaid or since, have done his majesty very true, good and acceptable service in the same, decreeing and declaring by this present act that the same alteration of the keeping of the said castle, his highness's majesty being therein, nor nothing done thereupon preceding, following or depending thereupon shall ever be imputed as any action, civil or criminal, against them or any of them; and that they and their cautioners shall incur no pain, hurt or danger thereto in their person, lands or goods, but renouncing all instance and action that may be pretended or pursued against them or any of them for that; and exonerate and discharge them of the same forever by this present act. And also our said sovereign lord and three estates of parliament ratify and approve the said order and appointment made by his highness, with advice of his privy council, and with consent of both the said parties, concerning the attendance upon his highness's person and keeping of the said castle of Stirling, and decree the same to have the force and strength of an act of parliament.
[1578/7/11]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of this parliament, has ratified and approved and, by the tenor hereof, ratifies and approves of new all acts and constitutions of parliament made by whatsoever our sovereign lord's predecessors of before, in favour of the burghs and burgesses of all this realm, inhabitants of the same, with all privileges, freedoms, immunities and liberties granted and given to them, and every one of them; and decrees and declares the same to have full strength, force and effect in all times hereafter, so that the same may be put to full and due execution in all points and to stand as a perpetual law to them and their successors, with this addition: giving them freedom and privilege to convene four times in the year for such matters as concerns their estate, and that in what burgh it shall be thought expedient to the most part of the said burghs, providing always, for eschewing of tumults, that there be present at the said conventions for every burgh one in number, except the town of Edinburgh to have one more than the other burghs.
[1578/7/12]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of this present parliament, has ratified and approved, and, by the tenor hereof, ratifies and approves the act of parliament underwritten made in the parliament held at Stirling, 28 August 1571, of new, and all points, clauses and articles contained therein after the form and tenor thereof, of the which the tenor follows: Item, it is decreed and declared by our sovereign lord, with advice of 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 shall happen in any way hereafter to be convicted or forfeited for art and part of the treasonable murders and slaughters of our sovereign lord's late dearest father or regents, of whatsoever lands, heritages, offices, benefices, rooms or possessions since the times respectively of the quitting thereof, are and shall be null in themselves and of no value, force nor effect in all time coming, with all that followed or shall happen to follow thereupon, with this addition: that our said sovereign lord, with advice of his said three estates of parliament, has declared and decreed and presently declares and ordains that the aforesaid act of parliament is and was good and viable from the beginning, and that the same should have had in times bygone and should have in all times coming full effect, and that all things, if any be done in the contrary, are and shall be null and of no value, force nor effect, notwithstanding any alleged practice made in the contrary.
[1578/7/13]*[print] [email] [cite] [preceding] [following]
†Forasmuch as it is statute and ordained by act of parliament made in [Mary], our sovereign lord's dearest mother's time, that no infeftments of kirklands set since 8 March 1558 [1559] should be of any force or effect unless the same were duly and lawfully confirmed by our sovereign; and also forasmuch as it happens that double infeftments of feu ferm of any portion of lands given by an ecclesiastical person to diverse persons and sometimes by diverse ecclesiastical persons, to wit, the predecessor and successor to diverse persons in feu ferm, and yet neither of the said infeftments can take effect or be of any value unless they be duly and lawfully confirmed by our sovereign lord; and also it is often seen that confirmation is granted of both the said diverse infeftments at diverse times by the suits of the parties, likewise it is found by sundry ordinances of the privy council that our sovereign lord and his highness's compositors ought not to deny his confirmation upon the reasonable expense of the party suited upon their own peril; and likewise diverse alienations of lands held immediately of our sovereign lord, being made by one person to diverse persons, double confirmations are granted by our sovereign lord thereto, whereas one of the said confirmations ought and can only take effect in all the causes above-specified; and notwithstanding it is the occasion of great debate amongst the lieges, to their great expense, as well in payment of their compositions as that the same breeds occasion of such great lawsuits; for remedy thereof, it is concluded, statute and ordained by our sovereign lord and three estates of parliament that whosoever obtains or has obtained the first confirmation of any infeftment, either of kirklands or other lands held of our sovereign lord, that the first confirmation shall be of value, force and effect and shall prevail to the second, the said infeftment which is first confirmed being valid in the self and lawfully made; and in this case, the last confirmation shall not be respected, albeit the same confirms the first infeftment, but the first confirmation of the last infeftment shall prevail to the last confirmation of the first infeftment by way of exception or replay without any summons or process of reduction. It is always provided that if the principal infeftment first confirmed for any other substantial cause by the aforesaid confirmation be of no value or unlawfully made, to the prejudice of any other party having entry to the lands therein contained and who may be excluded by reason of the said first confirmation by the party having entry, shall be heard to accuse or reduce the said infeftment first confirmed or otherwise to move action against the same according to the law, whether they have obtained confirmation of their infeftment or not. It is also statute and ordained that no double confirmations of infeftments of kirklands or others held of our sovereign lord be granted hereafter, and discharge the keepers of the signet, privy and great seals that they pass not double confirmations; and if the said double confirmations pass in time coming, our said sovereign lord, with advice of his said three estates, decrees and declares the last confirmation to be of no value, providing as is above-specified.
[1578/7/14]*[print] [email] [cite] [preceding] [following]
Forasmuch as the provost, bailies, council and community of the burgh of Irvine have been accustomed these many years bygone to have two fairs in the year to be held within the said burgh, that is to say the first fair beginning on 15 August, which is the First Lady Day, and the next on 8 September, which is commonly called the Later Lady Day, being only 23 days between them; and now because commonly the said day of September is the time when the inhabitants of the country may not readily resort and repair to the said burgh for doing of their necessary business in the said time of fair by reason of the harvest, but must wait upon the shearing of their corns off the ground and winnowing thereof, and likewise there can be no commodious place appointed for the horse market and other beasts in respect that the corns are not separated then from the ground, whereby a convenient place may be appointed to that effect without destruction of the said corns; and also there are sundry other burghs having the same Later Lady Day appointed to them for their fairs and markets, which are near to the said burgh, whereby they are damnified of their traffic. For remedy thereof, our sovereign lord, with advice of his three estates of this present parliament, has altered and changed the said fair and market of the said burgh of Irvine which was accustomed to be held in all times bygone upon the said 8 September, named the said Later Lady Day, to be held within the same burgh yearly in time coming, excepting only for this present year, on 24 October 1578, giving freedom, faculty and power to the said provost, bailies and inhabitants to cause proclaim their said fair and market yearly in due time to the said 24 October likewise and in the same manner as they were accustomed to do the same on the said 8 September, granting to them also all customs, privileges and immunities which also they had of before at the said fair appointed upon the said 8 September. And our said sovereign lord and estates aforesaid have declared and declare the said fair and market, which was held of before within the said burgh upon the said 8 September, to be abrogated and expired from this instant year forthwith, and the same to be held perpetually and in all time coming upon the said 24 October, which the king's grace and estates aforesaid declare to be as lawful and sufficient as the same was held of before upon the said 8 September, and that without derogation, hurt or prejudice of the said burgh customs, privileges or immunities granted to them of before from our said sovereign lord's predecessors; and ordain the lords of council to direct letters for publication hereof, if need be, in the appropriate form.
[1578/7/15]*[print] [email] [cite] [preceding] [following]
†Forasmuch as by taking and carrying away all kinds of meat in great quantity for victualling of ships passing out of this realm at all the ports thereof, and especially at Leith and the coastline of Fife, which is a great occasion of dearth of all kinds of meat; and that all the skippers, masters of ships and mariners in all parts of this realm take out the same in great abundance and quantity under colour and pretence of the victualling of their ships, more than may serve and sustain for that voyage; for remedy whereof in time coming, it is statute and ordained by our sovereign lord and three estates of this present parliament that all kinds of meat for victualling of ships in time coming be packed within the free burghs and ports where the said ships lie and are to depart and no other way, and that the provost, bailies and customs officers of the said burgh visit and consider diligently how much meat may serve every ship and their equipage for that present voyage, and according to the number of the equipage and company appoint to every ship so many barrels or puncheons as for that present voyage shall sufficiently serve them to the first port they are freighted to, and thereafter mark the said barrels or puncheons appointed to them to the furnishing of the said ships with the common mark of the said burgh, providing always that in case the said skippers, masters or mariners take any meat out of the realm than may serve and sustain them for that voyage according to the number of their equipage and as shall be appointed to them in manner aforesaid and marked as said is, that the said provost, bailies, customs officers, every one of them within their own offices and jurisdiction, search, seek, take and apprehend the surplus of the said meat shipped in the said ships in addition to the equipment appointed to them for that voyage as said is, escheat and bring in the same to our sovereign lord's use and deliver the same to his treasurer, for the which he shall be held to answer our sovereign lord yearly in his exchequer.
[1578/7/16]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is statute and ordained by act of parliament of before that the lords of council and session in all times after 15 December 1567 should rise upon 10 July and have vacation until 20 October exclusive; upon the which 20 October they shall sit down and sit daily, except upon the Sunday, until 20 December inclusive, and then rise and have vacation until 7 January exclusive; upon the which 7 January they shall sit down and sit daily, except upon the Sunday, without any vacation at Fastings Eve, until Palm Sunday evening inclusive, and then rise and have vacation until the next Monday after the Low Sunday;† upon the which Monday they shall sit down and sit daily, except on the Sunday, without any vacation at Whitsunday [May/June] until the said 10 July, as at more length is contained in the said act of the date aforesaid. And understanding that the harvest often continues and endures until Hallowmas [1 November], and thereafter in some highland and cold grounds, whereby the people and lieges of the realm may not resort and repair to the session until the harvest is ended, therefore it is statute and ordained by our sovereign lord and three estates of this present parliament that the said lords of council and session shall sit down and begin for administration of justice to our sovereign lord's lieges in the accustomed use as they did of before upon 20 October for this present year only, and shall sit until 20 December inclusive and then rise and have vacation until 7 January exclusive, upon the which 7 January they shall sit daily until the Saturday before Fastings Eve, and then to leave off until the Thursday thereafter, and thereafter to sit without any vacation until Palm Sunday Eve inclusive, and then to rise and have vacation until the next Monday after Low Sunday inclusive; upon the which Monday they shall sit down and sit daily, except the Sundays, until Whitsunday Eve, and then to have vacation until the Monday after the Trinity Sunday inclusive, and then to sit down and sit daily without any vacation, except the Sunday, until 31 July inclusive; and from then to have vacation until 12 November, which is the morning after Martinmas Day [11 November], and sit yearly thereafter in manner aforesaid, excepting as said is. And so the king's grace, lords and three estates aforesaid declare the great vacation to be from 31 July to 12 November exclusive, and then to proceed and administer justice to all our sovereign lord's lieges daily in all time thereafter in manner above-specified, notwithstanding the aforesaid act of parliament made of before bearing as said is.
[1578/7/17]*[print] [email] [cite] [preceding] [following]
The which day our sovereign lord, with advice and consent of the three estates of parliament, gives, grants and commits full power and commission to Patrick [Adamson], archbishop of St Andrews, James [Boyd], archbishop of Glasgow, David [Cunningham], bishop of Aberdeen, George [Douglas], bishop of Moray, Robert [Douglas], earl of Buchan, Henry Nisbet, commissioner of Edinburgh, Mr James Haliburton, provost of Dundee, and Gilbert Menzies [of Pitfodels], provost of Aberdeen, to pass to the senators of our sovereign lord's college of justice and session within the burgh of Edinburgh on 24 October 1578, to confer, treat and intercommune with them upon the confirmation of all testaments within this realm and concerning the establishing of commissaries, how many there shall be, what jurisdiction they shall have, in what place they shall sit and upon all other ecclesiastical causes to which the said commissaries are judges, and to report the said conference and communing to our sovereign lord and lords of secret council on 24 December 1578, to the effect that they may conclude and determine therein until a law is established by parliament to all our sovereign lord's lieges to be observed and kept by them in all time coming.
[1578/7/18]*[print] [email] [cite] [preceding] [following]
Item, forasmuch as there are certain constitutions and laws devised and ordained to be made and authorised which should be observed universally by all the lieges of this realm, which as yet are not thoroughly consulted and advised upon, so that the same at this time cannot be declared by our sovereign lord and estates of parliament to be established as laws; therefore our said sovereign lord, with advice of the estates aforesaid, has given and granted, likewise they by the tenor hereof gives and grants full power and commission to the earls, lords, barons and great men, commissioners of burghs and other lettered men underwritten: that is to say, James [Douglas], earl of Morton, lord Dalkeith etc., Robert [Douglas], earl of Buchan, John [Maxwell], lord Herries, William Douglas of Lochleven, Mr David Carnegie of Colluthie, William Cunningham of Caprington, Alexander Abercrombie of that Ilk, [James] Kinross of Kippenross, Patrick [Adamson], archbishop of St Andrews, James [Boyd], archbishop of Glasgow, David [Cunningham], bishop of Aberdeen, Robert [Keith], commendator of Deer, Robert [Pitcairn], commendator of Dunfermline, Alexander [Colville], commendator of Culross, Master Alexander Arbuthnott, principal of the college of Aberdeen, Master John Marjoribanks, Henry Nisbet, burgess of Edinburgh, Master James Haliburton, provost of Dundee, Master Robert Lumsdale, elder of Clova, burgess of Aberdeen, James Fleming, burgess of Glasgow, William Norwell, burgess of Stirling, Master James MacGill of Nether Rankeilour, clerk register, Master Thomas MacCalzean of Cliftonhall, James Meldrum, younger of Seggie, Master Robert Crichton of Eliock, advocate to our sovereign lord, Masters Alexander Skene and Thomas Craig, advocates, Master George Buchanan, pensioner of Crossraguel, and Master Peter Young, familiar servant to our said sovereign lord, or 43† of them together, to visit, review and consider the said laws and to reason and confer thereupon, and to that effect to convene and meet within the burgh of Stirling on 1 October 1578, and to report their proceedings and conference to the king's grace and estates of parliament, so that they all in one voice may establish the same as perpetual laws as shall be agreed upon hereafter.
[1578/7/19]*[print] [email] [cite] [preceding] [following]
Forasmuch as a book of the policy of the kirk being presented by the ministers thereof to our sovereign lord and three estates in parliament, they must earnestly desire the same and whole constitutions and ordinances therein contained to be confirmed by act of parliament and have the strength of a law perpetually in time coming; the said book being read and considered in presence of the lords chosen upon the articles, and many heads thereof being found of so great weight and consequence that no resolution nor determination can be presently given therein, and our said sovereign lord and his three estates, being most willing that the policy of the kirk should be certain and established, have appointed the persons underwritten: they are to say, Robert [Stewart], earl of Lennox, lord Darnley, Robert [Douglas], earl of Buchan, lord Auchterhouse and Robert [Stewart], lord Boyd, three of the king's grace's privy council; Patrick [Adamson], archbishop of St Andrews, James [Boyd], archbishop of Glasgow and David [Cunningham], bishop of Aberdeen for the bishops; Robert [Pitcairn], commendator of Dunfermline, Mark [Kerr], commendator of Newbattle, and Robert [Keith], commendator of Deer for the abbots; John Erskine of Dun, John Wishart of Pittarrow and John Fullarton of Dreghorn for the barons; William [Ruthven], lord Ruthven, provost of Perth, Master James Haliburton, provost of Dundee, and John Arnott [of Birswick], burgess of Edinburgh, for the burghs; Masters John Sharp, Clement Little and Master Alexander Sym, advocates, Masters George Buchanan, Peter Young, Alexander Arbuthnott, assistors, Masters James Lawson, David Lindsay, George Hay, William Christianson, John Row and John Duncanson for the ministers, or any 18 of them together, to convene at Stirling on 28 August 1578, and there to review the aforesaid book, with certain treaties made before at Leith and Holyroodhouse concerning the said policy, and to confer thereupon and upon all other things concerning or that may be profitable to setting forth of the said policy to the quietness of the whole kirk and commonwealth of the realm, and that their said conference be put in writing and reported to our said sovereign lord and three estates in the next parliament, that a substantial and certain order may be taken therein as appropriate.
[1578/7/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the letters of gift and disposition made by our said sovereign lord, with the advice of the lords of his secret council, to the provost and principal masters of St Salvator's College within the city of St Andrews, with all gifts and privileges contained therein and all points and clauses and articles of the same, and declares the same to have effect after the form and tenor thereof, of which the tenor follows:
James, by the grace of God, king of Scots, to all and sundry our lieges and subjects whom it concerns, to whose knowledge these our letters shall come, greeting. Know you that it is understood that the youth should not only be seen to preserve the commonwealth, but also of those who are obliged to raise such as hereafter are obliged to serve in the kirk of God and instruct the youth in schools within this realm and to the commonwealth of the same; and albeit by the laws, custom and order received within our realm all benefices of before at the donation and presentation of prelates are now come in use and ordained by parliament to be at our patronage in time coming, nevertheless it has been always meant and expressly provided that the universities within which there is exercise of liberal sciences shall still have the enjoyment of the privileges of the kirks, chaplainries and prebendaries annexed to their colleges, presenting qualified persons to the kirks and bursars within their own colleges to the chaplainries; therefore we, willing the increase of virtue and letters and that the ministers thereof be in no way prejudiced in their rights and possessions but maintained therein, and in whatsoever may appear to appertain to them, have in favour of our dear provost and masters of St Salvator's College within the city of St Andrews, for us and our successors, perpetually declared that it shall be permissible and permitted to the said provost and masters to convey whatsoever provostries, chaplainries, prebendaries or other benefices erected and given to their said college, choir and chapter thereof, to qualified persons able to travail in schools, the kirk of God and commonwealth of the same, so that they in no ways be prejudiced in their title and right of their said benefices, but that they may convey the same as said is, notwithstanding of any acts of parliament or laws of our realm whereby the right of presentation of ecclesiastical benefices may appear to come in our hands since the reformation of religion and to appertain to us only; in the which, we do not will that the prebendaries and chaplainries erected to the said college or other colleges within our realm and benefices appertaining thereto shall be comprehended in any sort, but that the same be conveyed to qualified persons by the provost and masters aforesaid as having right and title to the same, dispensing with our said acts, constitutions and whatsoever right that may be competent to us thereby for ever. And this not only to be extended to whatsoever benefices or chaplainries to be conveyed in time coming, but also in time past, since our act of parliament made in favour of all colleges within universities, providing always that these letters be not prejudicial to the presentation of benefices, offices, bursaries or benefices pertaining to the presentation of lawful patrons. Given under our privy seal at our castle of Stirling, 27 June 1574, in the eleventh year of our reign, by the signature underwritten in the hands of our supreme lord the king and the lords of his privy council. Providing that the persons appointed for visitation of the colleges within this realm take full cognition of the quantity and value of the benefices within the said college whereof the patronage might pertain to our said sovereign, how many bursars and of what quality the same may sustain, and to make and form a perfect foundation of so many persons, bursars, as the said rents newly conveyed may sustain, and to report the same to the king's majesty and council between the date hereof and 20 December 1578 coming, with certification to them if they fail herein, they shall lose the benefit of the said act and the same to be null and of no value in itself.
[1578/7/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, after mature deliberation and consideration taken regarding the long aid and careful service done to his majesty by his beloved cousin Dame Annabella, countess of Mar in the nurturing and upbringing of his majesty since his highness's birth committed to her by the space of twelve years past, to the honour of God, full satisfaction of his majesty's welfare and comfort of this his highness's whole realm; and also of the sumptuous expenses made by his said cousin of her own living, in performing and accomplishing honourably of her said charge enduring the space aforesaid, in addition to the ordinary assignation appointed thereto, finds, declares and decrees that his said cousin's service merits and is worthy of an honourable remembrance, and that therefore his majesty's said cousin, for all the space of her life and after her death, his majesty's cousin John [Erskine], now earl of Mar, for his lifetime, shall be lawfully provided and made sure of a yearly pension of 2,000 merks money of this realm, to be taken up yearly off the best and readiest fruits of the first vacant abbacy or great benefice or other such accident where the same may be most commodiously had and surely paid, the which our said sovereign lord, with advice aforesaid, in the first word promises to cause be performed; and in the meantime gives, grants and assigns to his said cousin, and after her death to his said cousin, yearly and each year to come until the provision and surety of the yearly pension aforesaid be made to them as is above-written, the sum of £500 money of his majesty's mails of Strathearn, and the sum of £600 of the third of the money of the bishopric of St Andrews, together with seven chalders of victual, wheat, barley and malt to be taken up yearly as follows, to wit: from Inverallan, one chalder of wheat; from Blairlogie, one chalder of wheat; from Bothkennar, eight bolls of wheat; from Greenyards, eight bolls of malt; from the mains of Bothkennar, one chalder and three bolls of barley; and from the Grange of Bothkennar, one chalder and fourteen bolls of barley; commanding and charging his majesty's comptrollers and his officers present and to come to make thankful payment of the money and victual aforesaid out of his highness's property and places thereof as above-expressed, to the said Dame Annabella, during her lifetime, and after her death, to the said John, earl of Mar, for all the days of his life, yearly, which shall be allowed in the accounts. And also commanding the lords of his highness's session to grant and direct letters in due form, charging the bishop of St Andrews and his successors to readily answer, obey and make thankful payment to his highness's said cousin during her lifetime, and thereafter to the said earl, of the said sum of £600 from the third of the money of the said bishopric yearly during the space aforesaid. And further, our sovereign lord, with advice of the estates aforesaid, ordains an act of parliament and also letters of gift and assignation respectively to be made of the premises to his cousins under the privy seal in the appropriate form.
[1578/7/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, having respect to the good, true and thankful service done by James, master of Glencairn and his friends to his highness continuously since his coronation, with advice of his three estates in parliament, ratifies, approves and confirms the infeftment made by his highness of before to the said James and his heirs of all and the whole of the ten pound land of Boghall, with the pertinents, lying within the sheriffdom of Renfrew, and five pound land of Milton, with the pertinents, lying within the sheriffdom of Lanark, as coming in his highness's hands through decreet and sentence of forfeiture orderly led and deduced against John Fleming, sometime of Boghall, for certain crimes of treason committed by him, of which he was convicted in parliament, as at more length is contained in the said infeftment, of which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all good men throughout the land, both clergy and laymen. Let it be known that we, with the advice and consent of our dear grandfather Matthew [Stewart], earl of Lennox, lord Darnley, our lawful tutor and regent of the realm, and our lieges have given, granted and by this present charter of ours confirmed to our beloved James Cunningham, son of William Cunningham, master of Glencairn, and to his heirs heritably, together and individually, the ten pound land of Boghall, with the tower and fortalice thereof, lying within our sheriffdom of Renfrew, and in addition the five pound land of Milton, together with their pertinents, lying within the sheriffdom of Kilbride and our sheriffdom of Lanark. These lands, with their pertinents, formerly and heritably belonged to John Fleming, formerly of Boghall, and now belong to us, and came into our hand by reason of escheat on account of forfeiture duly brought against the said John Fleming for certain crimes of treason, treachery and lese-majesty committed by him, of which he stood convicted in our parliament, just as is set out more fully in the process and sentence duly brought against him; all and every part of the said lands of Boghall, with their tower and fortalice, and the lands of Milton, with their pertinents, are to be held and had by the said James Cunningham and his heirs, from us and our successors in fee and heritage in perpetuity, throughout all their correct ancient boundaries and divisions, just as they lie in longitude and latitude, with woods, plains, muirs, marshes, roads, paths, waters, ponds, streams, meadows, pastures and grazings, mills and multures and their accompaniments, fowling, hunting, fishing, peat mosses, turf gathering, coal mines, workings of timber, stones, stone and lime, breweries and brewhouses, with whins, and courts and their issues, inheritance tax and marriage tax, with furca et fossa, soke and sak, toll and theame, infangthief, outfangthief, pit and gallows, with common pasture, free entry and exit, with each and every advantage and freedom, profit and easement, and whatever just pertinents, whether specified or not, under ground as well as overground, near and far, relating to the foresaid lands, with their tower, fortalice and their pertinents, or in future considered to relate to them, as freely, peacefully, fully, wholly, honourably, well and in peace in and through everything, just as the said John or his predecessors held or possessed the said lands, with their pertinents, before the aforesaid forfeiture. In return, annually the said James Cunningham and his heirs [are to give] to us and our successors, for the forementioned lands, with their pertinents, the dues and services which were customarily owed before the said forfeiture. In witness of this, we have instructed our great seal to be attached to this charter. Witnesses were the reverend father in Christ Alexander [Gordon], bishop of Whithorn and of our chapel of Stirling, our beloved kinsmen James [Douglas], earl of Morton, lord of Dalkeith, our chancellor, and William [Keith], earl Marischal, lord of Keith, our beloved household councillors Master James MacGill of Nether Rankeilour, clerk of the rolls of king and council, Sir John Bellenden of Auchnoull, clerk of our justiciary, and Master George Buchanan, pensioner of Crossraguel, warden of our privy seal, at Glasgow on 16 March in the year of the Lord 1570, and in the fourth year of our reign.
[1578/7/23]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is considered by our sovereign lord and his three estates that his highness's coin has stayed continuously since [...] March 1578, through which our sovereign lord's commodity is hurt, therefore his majesty, with advice of his said estates, ordain one penny or piece of silver to be coined of the fines of eleven deniers, and gives full commission to his highness's council now elected, and the most part of the whole number now chosen, and of the officers joined with them, to take order upon the form, inscription, weight, value and price of the said penny to be struck as they may think best, upon their good discretions, to the commodity of the realm and welfare of our sovereign lord; and as the said council, or the most part thereof, finds most fitting in that behalf, our sovereign lord and three estates decree their declaration and ordinance to have the strength and effect of an act of parliament, providing always that this order to be taken concerning the striking of the said new penny endures until further order be taken by the estates in parliament. In like manner, our sovereign lord and three estates aforesaid grant commission to the said council, or the most part of them, to take order how the 30s, 20s and 10s pieces with the testaments be held within the realm and not transported furth thereof.
[1578/7/24]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of parliament, understanding perfectly that the bridge of Tay opposite to the burgh of Perth is decayed, and that the provost, bailies and community thereof have already spent large and sumptuous expenses upon the mending and repairing thereof, and that the same is so needful and necessary for the whole lieges of this realm, therefore our said sovereign and three estates aforesaid have ordained and ordain a general taxation of the sum of 10,000 merks to be uplifted from the whole lieges of this realm for supporting and repairing of the said bridge, and have presently given power to the lords of our sovereign lord's privy council presently chosen to take such good order how and in what manner the same shall be paid, and to make division of the realm and tax rolls for collection thereof, and also to appoint collectors to that effect, one or more, as they think good, terms or days of payment for collection thereof and deliverance of the same, and also to take order with the provost, bailies, council and community of the said burgh of Perth how and in what manner the same shall be employed to the mending and repairing of the said bridge; and likewise that the sums of money also granted by the said provost, bailies and inhabitants of the said burgh, for reparation of their said bridge, be substantially bestowed and to take security off them to that effect, as the said lords think good; and with power to them to direct letters to the effects respectively aforesaid, likewise and in the same manner as the king and estates aforesaid might or may do. And because it is understood by our sovereign lord and estates aforesaid that the inhabitants of the sheriffdom of Ayr, both to burgh and land, have within this short time granted a contribution for supporting and repairing of the bridge of Irvine, for which they ought not to pay so much of the said new taxation of 10,000 merks as the other parts of the realm do, therefore ordain the said lords to consider the same and to deduct and allow as much off the said sum as they should pay to the repairing of the said burgh of Irvine, according to the rate of the taxation of the said sheriffdom of Ayr, so they pay only the surplus according to the tax roll to be made by the said lords.
[1578/7/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, for diverse considerations moving them tending to the quietness of this realm, have given and granted and, by the tenor hereof, gives and grants to Alexander Home, lawful son and apparent heir of the late Alexander [Home], lord Home, last deceased, the equal favour, grace and benefit of pacification made at Perth on 23 February 1572 [1573], and ratified and approved in his highness's parliament held at Edinburgh in April 1573, and wills the same to be as amply extended in his favour, in all respects, conditions, clauses and circumstances thereof, as the said late Alexander, lord Home had been expressly comprehended and contained therein; as also his highness, with advice aforesaid, wills and grants that the same pacification be most amply interpreted and extended to him in all clauses thereof as said is, and especially that this act of parliament according to the said pacification be sufficient to rescind and retreat, likewise our said sovereign lord and estates aforesaid, by this act, retract and rescind the process of forfeiture led against the said Alexander, lord Home for certain crimes of treason and lese-majesty committed by him, and to restore and strengthen as his highness, with advice aforesaid, restores and strengthens the said Alexander Home, son and apparent heir aforesaid, against the same, likewise and as freely in all respects as if the said process of forfeiture had never been led and doom of forfeiture had never been given, after the form and tenor of the said pacification, which and every clause thereof is herein held for certain; and ordain this present act to be extended in competent and due form as concerns restoring fully the memory, honour and fame of the said late Alexander, lord Home in the person of the said Alexander Home, his son and apparent heir. Likewise our said sovereign lord and three estates of parliament rehabilitate and restore the said Alexander thereto and find and declare him able to succeed and enter as heir to the said late Alexander, lord Home by brieves of our sovereign lord's chapel, and otherwise to all lands, heritages, rooms and possessions, tacks, offices and others to the which the said late Alexander, lord Home had right, notwithstanding the said process of forfeiture or anything following thereupon. Providing always that by this act our sovereign lord be in no way prejudiced of the said Alexander's ward and marriage, nor of the whole profits and commodities thereof; and likewise that all the provisions of benefices, parsonages, vicarages, chaplainries and prebendaries pertaining to the said Lord Home's presentation and provided by our sovereign lord and his regent to whatsoever persons since the leading of the said forfeiture of the said late Lord Home stand to the present possessors thereof in full form, force, strength and effect, notwithstanding this present restitution and benefit. Providing also that in case the said lord's late father be culpable of the murders of [Henry Stewart, lord Darnley], our said sovereign lord's late father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, that then, and in that case, the benefit of this present act and restitution, now as then and then as now, to have been and to be of no value, force nor effect.
[1578/7/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, for good considerations moving his highness tending to the furthering and establishing of peace and quietness and universal obedience of his highness's authority, has given and granted and, by the tenor of this present act, with advice and consent aforesaid, gives and grants to John Cranston, lawful son to Cuthbert Cranston of Thirlestane Mains, the same grace, benefit, privilege, favour and conditions as are contained in the pacification made and agreed upon at Perth on 23 February 1572 [1573] between his highness's commissioners on the one part and the late George [Gordon], earl of Huntly and certain others, his colleagues, on that other part, ratified and approved in his highness's parliament held at Edinburgh, [30] April 1573, and that the said pacification and approbation thereof in parliament be as largely extended in favour of the said John and his heirs for safety of their lives, lands and goods as if the said John were specially comprehended and contained therein, notwithstanding the pretended process of forfeiture administered and given against the said John in the month of [...] 156[...], for certain crimes of treason and lese-majesty committed by him, as at more length is contained in the same; which process and doom of forfeiture, with all that followed thereupon, our said sovereign lord and three estates of parliament rescind, withdraw, repeal, annul, restore and make new the said John Cranston fully against the same and to his honours, fame and dignity likewise and as freely in all respects as he was before the administering of the said process; and also decree and declare this present act of pacification to be as valid and sufficient in the self in all time hereafter for restoring of him to his full right of the said lands and estate of his person, as if the said sentence of forfeiture had been reduced by a special summons, all parties having interest being specially called thereto; and declare also the said process of forfeiture of no value in all time coming, in so far as the same may be extended in the contrary of the said John; and that this act be extended in ample and due form as appropriate, providing that this act contain no pardon, favour nor grace for the murder of [Henry Stewart, lord Darnley], our sovereign lord's late father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents; and in case they be found culpable thereof, that then in that case the benefit of this present act and restitution, now as then and then as now, to have been and to be of no value, force nor effect.
[1578/7/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, for good considerations moving his highness tending to the quietness of this realm and of his special grace and favour, has given and granted, and by the tenor of this present act, with advice and consent aforesaid, gives and grants to John Maitland of Auchencastle the same grace, benefit and favour as is contained in the pacification made at Perth on 23 February 1572 [1573], between his highness's commissioners on that one part and the late George [Gordon], earl of Huntly and certain others, his colleagues, on that other part, ratified and approved in his highness's parliament held at Edinburgh in the month of April 1573; and that the said pacification and approbation thereof in parliament be as largely extended in favour of the said John Maitland, his heirs and successors, for safety of their lives, lands and goods, as if the said John were specially comprehended and contained therein, notwithstanding the pretended process and doom of forfeiture led and given against him in the month of [...] in the year of 15[...], for certain crimes of treason and lese-majesty committed by him, as at more length is contained in the same; which process and doom of forfeiture, with all that followed thereupon, our said sovereign lord and three estates of parliament rescind, withdraw, repeal, annul, restore and renew the said John Maitland fully against the same and to his honour, fame and dignity likewise and as freely as he was in all respects before the administration of the said process; and decree and declare this present pacification now granted to the said John to be as valid and sufficient in the self in all time hereafter for restoring of him to his full right of his lands and estate of his person as if the said sentence of forfeiture had been reduced by a special summons, all parties having interest being specially called thereto; and declare also the said process of forfeiture to be of no value in all time coming, in so far as the same may be extended in the said John's contrary; and that this act be extended in ample and due form as is appropriate, providing that this act contain no pardon, favour nor grace for the murders of [Henry Stewart, lord Darnley], our said sovereign lord's late father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents; and in case they be found culpable thereof, that then and in that case the benefit of this present act and restitution, now as then and then as now, to have been and to be of no value, force nor effect.
[1578/7/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, for good considerations moving his highness tending to the quietness of his realm and of the special grace and favour, has given and granted, and by the tenor of this present act, with advice and consent aforesaid, gives and grants to Alexander Hepburn of Whitsome, knight, the same grace, benefit and favour as is contained in the pacification made at Perth on 23 February 1572 [1573] between his highness's commissioners on that one part, and the late George [Gordon], earl of Huntly, John [Hamilton, lord Hamilton], commendator of Arbroath, Claud [Hamilton], commendator of Paisley and certain others, and ratified and approved in his highness's parliament held at Edinburgh on [30] April 1573; and that the said pacification and approbation thereof in parliament be as largely extended in favour of the said Alexander, his heirs and successors for safety of their lands, lives and goods as if the said Alexander were specially apprehended and contained therein, notwithstanding the pretended process and doom of forfeiture administered and given against the said Alexander in the month of [December] 1567, for certain crimes of treason and lese-majesty committed by him, as at more length is contained in the same; which process and doom of forfeiture, with all that followed thereupon, our said sovereign lord and three estates of parliament rescind, withdraw, repeal, annul, restore and renew the said Sir Alexander fully against the same to his honour, fame and dignity likewise and as freely as he was in all respects before the administering of the said process; and decree and declare this present pacification now granted to the said Alexander to be as valid and sufficient in the self in all time hereafter for restoring of him to his full right of his lands and estate of his person as if the said sentence of forfeiture had been reduced by a special summons, all parties having interest being specially called thereto; and declare also the said process of forfeiture of no value in all time coming, in so far as the same may be extended in the said Alexander's contrary; and that this act be extended in ample and due form as appropriate, providing that in case the said Alexander be found culpable of the slaughters of [Henry Stewart, lord Darnley], our late sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, that then and in that case the benefit of this present act and restitution, then as now and now as then, to have been and to be of no value, force nor effect.
[1578/7/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, for good considerations moving his highness tending to the quietness of his realm and of his special grace and favour, has given and granted and, by the tenor of this present act, with advice and consent aforesaid, gives and grants to Master Thomas Hepburn, parson of Oldhamstocks, the same grace, benefit and favour as is contained in the pacification made at Perth on 23 February 1572 [1573] between his highness's commissioners on that one part, and the late George [Gordon], earl of Huntly and certain others, his colleagues, on that other part, ratified and approved in his highness's parliament held at Edinburgh on [30] April 1573; and that the said pacification and approbation thereof in parliament be as largely extended in favour of the said Master Thomas and his heirs for safety of their lives, lands and goods as if the said Master Thomas were specially comprehended and contained therein, notwithstanding the said pretended process and doom of forfeiture administered and given against the said Master Thomas in August 1567 for certain crimes of treason and lese-majesty committed by him, as at more length is contained in the same; which process and doom of forfeiture, with all that followed thereupon, our said sovereign lord and three estates of parliament rescind, withdraw, repeal, annul, restore and renew the said Master Thomas fully against the same and to his honour, fame and dignity likewise and as freely as he was in all respects before the administering of the said process; and also decree and declare this act of pacification to be as valid and sufficient in the self in all time hereafter for restoring of him to his full right of his lands, benefice and estate of his person as if the sentence of forfeiture aforesaid had been reduced by a special summons, all parties having interest being specially called thereto; and declare also the said process of forfeiture of no value in all time coming, in so far as the same may be extended in the contrary of the said Master Thomas; and that this act be extended in ample and due form as appropriate, providing that this act contain no pardon, favour nor grace for the murders of [Henry Stewart, lord Darnley], our sovereign lord's late father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his late two regents.
[1578/7/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament, for good considerations moving his highness tending to the quietness of his realm and of his special grace and favour, has given and granted and, by the tenor of this present act, with advice and consent aforesaid, gives and grants to Captain Robert Lauder the same grace, benefit and favour as is contained in the pacification made at Perth on 23 February 1572 [1573], between his highness's commissioners on that one part, and the late George [Gordon], earl of Huntly, John [Hamilton], commendator of Arbroath and Claud [Hamilton], commendator of Paisley and certain others on that other part, and ratified and approved in his highness's parliament held at Edinburgh on [30] April 1573; and that the said pacification and approbation thereof in parliament be as largely extended in favour of the said Robert Lauder, his heirs and successors for safety of lives, lands and goods as if the said Robert were specially comprehended and contained therein, notwithstanding the pretended process and doom of forfeiture led and given against the said Robert in the month of [August] 156[8] for certain crimes of treason and lese-majesty committed by him, as at more length is contained in the same; which process and doom of forfeiture, with all following thereupon, our said sovereign lord and three estates of parliament rescind, withdraw, repeal, annul, restore and renew the said Robert fully against the same and to his honour, fame, dignity, living, honesty, possessions, tacks, steadings, teinds, rooms and possessions likewise and as freely as he was in all respects before the administering of the said process; and that this act be as sufficient for reduction and withdrawal of the said process and sentence of forfeiture as if the same had proceeded upon a special summons, all parties having interest being called thereto; and that this act be extended in ample and due form as appropriate, providing that if the said Robert be found culpable hereafter of the slaughters and murders of [Henry Stewart, lord Darnley], our sovereign lord's late father, the late Matthew [Stewart], earl of Lennox, his highness's grandfather, and the late James [Stewart], earl of Moray, lord Abernethy, his highness's regents for the time, then and in that [case],† the benefit of this present act and restitution, now as then and then as now, to be and to have been of no value, force nor effect.
[1578/7/31]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by David Home of Fishwick, knight, to the king's majesty and three estates of parliament, making mention that where it pleased his majesty, by advice of [Matthew Stewart, earl of Lennox], his late dearest grandfather and regent for the time, for good respects to make disposition to him of the escheat of the late William Maitland, sometime of Lethington, after his forfeiture, by virtue whereof he intended action before the lords of session for obtaining of execution thereupon; which cause being called, Sir Richard Maitland [of Lethington], elder, senator, opposing in the contrary, declaring that he, before the said David's gift, in [Mary], the queen's time, obtained his said son's gift of escheat to himself through being of him put to the horn for not answering regarding enquiries, which allegiance was admitted to his probation by the space of three years past, who thereby has delayed him of justice, by frivolous diligences continually since, and now, since he cannot obtain the alleged letters of horning and executions thereof whereupon his gift proceeded, he has offered him to prove the tenor and effect thereof by witness; which allegiance the said lords have admitted to his probation, which is altogether repugned, as well to all law as observed in practise, and always a matter never heard nor admitted of before and very prejudicial and hurtful to be accepted within this realm, since indeed the same took beginning it shall be a sure ground to all fraudulent persons to procure any escheat of whatsoever persons of any estate, since it is not questionable but by gains they shall prove the tenor of any letters or other grounds by corrupt persons of small estate, whereof there is a multitude in this realm, which is not tolerable and so opportune remedy should be provided thereto; desiring therefore the king's majesty and lords of estates aforesaid to weigh and consider the premises and that they would put such good order thereto as they think most suitable and convenient, as at more length is contained in the said supplication. Which being considered and seen by the lords of articles, and thereafter by the king and estates in parliament, our sovereign lord, with advice of the three estates, discharges the lords of session of all further proceeding in the said cause between the said parties, and also ordains them to continue and supersede the receiving of any probation thereto until the king's grace and three estates aforesaid take further order relating thereto in parliament.
[1578/7/32]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by the native tenants and kindly possessors of the temporal lands pertaining to the bishopric of Dunblane, making mention that where they, by themselves and their predecessors, have possessed and enjoyed the aforesaid lands, each one respectively for their own parts, as tacksmen and tenants to the said bishopric and his predecessors in all time bygone, past memory of man, to whom they and their predecessors have made so thankful payment of their duty and others their due service, that neither the present possessor of the benefice nor yet any of his predecessors have good cause or occasion to complain. Master Andrew Graham, who is provost to the said bishopric, by means of John [Graham], earl of Montrose, [as] is well known, has set the whole temporal lands of the said bishopric occupied by the said tenants and their predecessors past memory of them as said is, who, with process of time, will not fail to remove them from their said native and kindly rooms, whereby one thousand of our sovereign lord's commons and poor people will be put to utter hardship and extreme beggary, besides the deficiency of our sovereign's service, when as so great rooms, whereupon so many are sustained, shall be reduced in the hands of a particular man. And true it is that the said feus are not confirmed by our said sovereign, but are stayed for the causes aforesaid, and they are content above their power to do, every one for their own rooms, if the said bishop will accept the same. Desiring therefore the king's grace and three estates of this present parliament that it might be statute and ordained that the said feus of the said tenants' rooms set over their heads should in no way be confirmed, and that it shall not be lawful to the said bishop to set tack, rental or other right thereof by reason whereof they may be removed, neither at his own instance nor at the instance of any other having right of him, they paying their mails and duties thankfully and other due service as is appropriate, as at more length is contained in the said supplication. Which being seen and considered by the lords of articles, and thereafter by the king's majesty and three estates, ordains the lord commissioner's depute for the confirmation of feus to visit and consider the infeftment and confirmation to be passed to the said earl of the said lands and or they pass the same to see that the said kindly tenants be satisfied for their kindness; and until the same be done, discharges the keepers of the signet, privy and great seals of all appending of the same to the said charter and of their offices in that part.
[1578/7/33]*[print] [email] [cite] [preceding] [following]
Forasmuch as the process of recognition of lands and tenants within burgh for non-payment of annualrents has been used in all time past in our sovereign lord's burghs, after the form and tenor of the law of the majesty and act of parliament made in the days of King James IV, and especially by having recourse to the lands and tenements indebted in the said annualrents by process of earth and stone in four head courts, as is prescribed by the form of law, without any special summons or warning to whatsoever person of whatsoever age or quality, being outwith or within the realm; which form of process was never heretofore impugned in judgement or otherwise until now lately that the lords of session, at the instance of John Gilbert, goldsmith, burgess of Edinburgh, have found a relevant cause of reduction of a process of recognition of a tenement lying within the said burgh of Edinburgh, led at the instance of James Fenton, for non-payment of an annualrent of 30s, which process was led above the space of 50 years since; and that because the said John Gilbert, being an alleged minor and out of the realm, was not specially warned thereto, personally or at his dwelling place, the same being in no way requisite of the law and form of process observed in such cases, and the same standing in such difference may bring with it a great alteration of the heritable right of the most part of all the tenements within the burghs which have been recognised by the same manner of process and also since changed through many hands. In respect of the which, it was desired that the estates of this present parliament should consider the said law of the majesty and act of parliament and to declare whether in the said process of recognition and doom of property there ought to be any party specially summoned, and thereupon to give their declaration in parliament in the appropriate form, as at more length is contained in the said article. The king's grace and three estates of this present parliament have remitted and remit this matter to the lords appointed for revising of the laws, and in the meantime discharge the said lords of council and session of all further proceeding therein, and that because it is understood by the said estates that this matter may result in great inconvenience to the burghs upon their infeftment proceeding upon recognition and doom led thereupon according to the old laws by the space of 100 years past.
[1578/7/34]*[print] [email] [cite] [preceding] [following]
Concerning our sovereign lord's letters purchased at the instance of William [Forbes], lord Forbes, John [Forbes], master of Forbes, William Forbes of Fodderbus, John Forbes of Fiddich, Master Duncan Forbes of Monymusk, John Forbes of Abircatrie and the remainder, their kin, friends and dependants, and especially the old, kindly possessors of the lands and barony of Craig and Monymusk, against George [Gordon], earl of Huntly, Adam Gordon of Auchindoun, Patrick Gordon in Moyness, his curators, for their interest, and all others having or pretending to have interest in the matter underwritten, making mention that where the said William, lord Forbes, his colleagues and others aforesaid and their predecessors have been possessors and occupiers of all and whole the said lands and barony by themselves and their tenants of there, only imputing and outputting at their pleasure as principal, and old, kindly possessors and tenants thereof under the archbishops of St Andrews, to whom the same pertains, as a part of their patrimony in all time bygone, past memory of man, preceding the pretended infeftment of feu ferm thereof made to the late George [Gordon], earl of Huntly, grandfather to George, now earl of Huntly, in manner following, until that the late David [Beaton], cardinal archbishop of St Andrews for the time, having contracted a new familiarity with George, sometime earl of Huntly for some great affairs which they had thereto by treating amongst themselves, most unkindly set the said complainers' native rooms over their heads to the said George, earl of Huntly, his heirs and assignees, the said cardinal and archbishop always looking that thereby the said complainers should not have been removed or had their rents raised by their old duties paid by him and his predecessors, but only to have shown his favour and love to the said late earl, who, also upon consideration that the said complainers were so old, kindly possessors and enjoyers of the said lands and barony under the said archbishops and many of their friends born thereon, so that the same being kirklands he could pretend to have no further privilege nor duty of them but as the said archbishops got of before, according to the old and loveable custom concerning kirklands, so in that respect the said late earl was for worthy considerations moved to infeft certain of the principals of the said complainers heritably and set tacks to others, each one for their kindly rooms, whereby they enjoyed possession of and used the same lands by themselves and their tenants in their names continually since, without molestation or trouble, there never being question of removing intended against them or any of them before, until of late occasion and quarrel borne amongst them for their constant profession and true abiding of the righteous cause of defending of our sovereign lord's authority and royal person in time past, when the said enemies and declared traitors sought to have bereft and enjoyed the supreme place of his grace's government, it has pleased George, now earl of Huntly, and others of his surname and friends in whom his late father transferred his right of diverse of the said lands, to make warnings to the said complainers to remove from the said old and kindly possessions, whereupon they have pursued actions against them before the lords of session, and intend to have them removed thereby, thinking under colour of law to put them therefrom, albeit the intention of the said George, earl of Huntly and his said friends and kinsmen, pursuers of the said removings, be altogether to displace the said complainers of their said native rooms for their true and thankful service done to [Mary], our sovereign and his dearest mother, in time of his authority; and namely at such special time as the earls of Huntly plainly rebelled, as in the month of October or thereabouts in 1562, when as the said late George, earl of Huntly died with displayed banner against our sovereign lord's dearest mother, and in the late rebellion begun by George, earl of Huntly, father to the said George, earl of Huntly, who now is against our said sovereign lord and his authority royal; for defence and maintenance whereof, a great number of the said complainers' name and friendship spent their lives in the battles at Tillyangus and Craibstone, some of their houses, wives and bairns being therein were utterly wrecked and burnt, the other towers, castles and fortalices pertaining to them most barbarously ruined, their moveable goods, furnishings and plenishing and chattel stolen and taken away, their orchards, woods, policies, yards and planting cut and destroyed, the mails, ferms and duties of their lands intromitted with and dispersed; and that for the most part in manifest contempt of our sovereign lord's authority after the conclusion of the abstinence taken at Leith on 31 July 1572, against the said abstinence, their own consent and oath and against the law of all nations. And albeit at last when the forces of the said earl and rest of his adherence failed in such sort as they could not longer abide the rigour of our said sovereign lord's authority then arising, they accepted the conditions of pacification then concluded at Perth in February 1572 [1573], and ratified and approved in parliament held at Edinburgh in April 1573, to the conditions of the which pacification our said sovereign lord nor his estates would never condescend to it, upon provision that the whole injuries and attempts committed of before and especially since the conclusion of the first abstinence to the time thereof should be repaired to the simple value; and, to that effect, judges and places of sitting were appointed and time of the space of a year and a day likewise appointed to the pursuit and finishing of the process thereupon. And albeit the said complainers did exact diligence, as is well known, that they behoved to raise writs in the said matters under the pain of horning, with our sovereign lord's letters to denounce them rebels, yet the most part of them, being persons of estate, caused the said letters to be suspended; and so that the said complainers having consumed without profit the time appointed for their judgement, they thereafter gave plain answer that after the end of the year and day they had no jurisdiction and so were the said complainers' travails and expenses lost and their expedience of administration of justice frustrated, so that that manner of dealing made, as appears, plain declaration that the promise of redress of their said damage was proposed to persuade them to their contentment at this present time, seeing there has followed so little good effect thereupon to their favour. And nonetheless, the said earl of Huntly, his father and his friends, having all their suits against the said complainers, received free expedition before the lords of session, judges arbitrators, that all infeftments of lands assigned to them by reason of their forfeiture led against them, and especially of the said lands of Keig and Monymusk of long time withdrawn, notwithstanding that the said complainers therefore spent great sums of money and therewith all are left unrepaired of their said damages, looking for no other recompense but by this, their late suit, to be removed from their said lands and possessions, which are their native and kindly rooms. And concerning the charge given to the said earl and his said tutors and curators and all others having interest to have compeared before our sovereign lord and three estates of parliament, to have heard and seen impartial judges appointed to sit and decide in the actions written also intended by the said pursuers to the final end and decision thereof, or else to have alleged a reasonable cause why the same should not have been done, as at more length is contained in the said letters, the said John, master of Forbes, being personally present, and the remaining persons above-mentioned compearing by Masters John Sharp and Clement Little, their procurators, and the said George, earl of Huntly and the said Adam Gordon of Auchindoun and Patrick Gordon, his curators, compearing by Mr Thomas Craig, their procurator, who sent cautioners, namely, Alexander Gordon of Aberfeldy and John Gordon of Pitlurg, that he and his curators should hold firm and stable the judgement and defence of the said cause, and that he and they shall ratify and approve the same, according to the law; and all others having or pretending to have interest, being all lawfully summoned to this action, oftentimes called and not compearing, and thereafter all their rights, reasons, allegations of the party compearing heard, seen and understood first before the lords of articles and thereafter by the king's majesty and three estates in parliament, and they therewith being timeously advised, the king's grace and three estates of parliament present have given and granted, likewise they, by the tenor hereof, give and grant to these persons underwritten: that is to say, Robert [Douglas], earl of Buchan, William [Ruthven], lord Ruthven, Robert [Boyd], lord Boyd, Alexander [Colville], commendator of Culross, Master Thomas MacCalzean of Cliftonhall and Mr Robert Crichton of Eliock, advocate, or any four of them jointly, as impartial judges to sit and decide in the faiths, causes also intended by the said pursuers to the final end and decision thereof, whom they ordain to sit for taking cognition thereto within the tolbooth of Edinburgh, dispensing with the place and making the same as lawful as it were within any part of the said sheriffdom. And the said Earl of Buchan, Lord Ruthven, Lord Robert Boyd, Alexander, commendator of Culross and Master Robert Crichton have instantly accepted the decision of the said matters in and upon them, and have made faith for due administration thereto; and also have given and give power to the lords of session, or any of them, to receive the oath of the said Mr Thomas MacCalzean for doing of justice in the said causes, and likewise make and constitute David Lawtie and Archibald Millar, jointly, clerks and notaries in the said cause to the final end thereof, with power to the said judges, or any one of them, to receive their oaths to that effect; and have appointed and ordained the said judges, or any four of them, to sit and begin within the said tolbooth of Edinburgh for doing of justice to the said parties in the said causes on 1 November 1578, and in the meantime to direct precepts at the instance of the said pursuers to the said day or any otherwise as the said pursuers require, as they please, libel thereupon for process to be led in the said matters where they left or of new to begin, or for translations in the said action, or any of them, active or passive, as the cause requires, and as hereafter shall please the said pursuers to be libel, and thereafter to proceed in the said actions and do justice thereto to the final end and decision thereof; and to give out their decreet according to the probations and deduction of the process to be led before them within 18 months after 1 November 1578, namely, before 1 May 1580. And to the effect aforesaid, witnesses to cause be summoned, sworn and examined etc., providing always that the said pursuers do their diligence for pursuing of the said actions and obtaining of the decreet before the said judges thereto within the space aforesaid. With certification to them if they fail therein, the said 18 months being past and no lawful diligence done by them, the said actions shall expire and be proscribed and they never heard to pursue for the same hereafter. And also give power to the said judges to create serjeants and other members of court as is needed, if the same be required, according to the law because the said Earl of Huntly, his said curators and all others, having or pretending to have interest in the said matter, were lawfully summoned to have compeared before our said sovereign lord and three estates of parliament at a certain day now past, to have heard and seen impartial judges appointed to sit and decide in the said actions also intended and to the final end and decision thereof, or else to have alleged a reasonable cause why the same should not have been done. With certification to them if they fail therein, the said judges would be appointed and given in manner above-mentioned. And they being all lawfully summoned to that effect, and the said earl and his said curators compearing by their said procurators, as said is, first before the lords of articles, after that they were chosen by the three estates in public parliament, and thereafter in presence of the king's grace and three estates aforesaid, and all others, the said Earl of Huntly's tutors and curators, if he had any, and all others having or pretending to have interest in the said matter as said is, being all lawfully summoned and not compearing, showing no reasonable cause in the contrary, as was clearly understood by our said sovereign lord, lords of articles and three estates aforesaid; and ordain letters to be directed on this point, if need be, in the appropriate form.