[1584/5/77]¹

Act of annexation of forfeited lands and rents to the crown

The king's majesty and his three estates assembled in this present parliament, considering the daily increase of the charges and expenses of his highness's house and diminution of his rents of his majesty's property whereon his said house ought to be maintained, have therefore thought convenient, statute and ordained that the lands, lordships, baronies and other rents following, already fallen and coming in his highness's hands by virtue of the escheat through the process and dooms of forfeiture, orderly led and deduced against the persons found culpable of the late most treasonable rebellion and conspiracy attempted and enterprised against his highness's person and estate, shall be annexed to his majesty's crown, and presently annex the same thereto, following the good example of his predecessors for the honourable support of his estate; and the said lands, lordships, baronies and other rents hereafter specified to remain perpetually with the crown may neither be given away in fee, freehold, in pension or any other disposition to any person of what estate or degree that ever they be of, without advice, decreet or deliverance of the whole parliament, and for great reasonable causes concerning the welfare of the realm first to be advised and digestly considered by the whole estates, and that always such infeftments as shall happen to be made or granted by his highness of any of the said lands or lordships shall be only in feu ferm, for payment of such yearly feu ferm as is contained in the act of dissolution of the union of annexed lands for setting the same in feu ferm made in this present parliament; and albeit it shall happen our sovereign lord that now is, or any of his successors, kings of Scotland, to alienate or convey the said lordships, lands, castles, towns, donations and advocation of kirks and hospitals, with the pertinents, annexed to the crown as said is, otherwise that the same alienations and dispositions shall be of no value, but it shall be lawful to his highness and his successors to receive the same lands and rents to their own use, whenever it pleases them, without any process of law, and the takers to refund and pay all profits that they have taken up thereof again to his highness's and successors' use for all the time that they have had them, with such other restrictions as are contained in the acts of parliament made by his most noble progenitors, kings of Scotland, in their annexations to the crown: they are to say, the property of the lands and barony of Ruthven, with the tower, fortalice, manor, place, corn and waulk mills, fishings, advocation, donation and right of patronage of kirks, tenants, tenantries thereof, the lands of Ballanbreich, Pitcairnie, Craigengall in Dourquhy, Hardhauch, the third part lands of Airlieweich, the lands of Cultrany, the lands of Drenngrene, the half of the mill of Auchtergaven, with the half multure and mill lands thereof, the half of all and whole the lands of Monydie, Barnblayis, Cragilny, with the half mill, multures and mill lands thereof, all and whole the half of the lands and barony of Forteviot, with the half mill, mill lands and multures thereof, the property of the lands and forest of Dy, the property of the lands, lordships and baronies of Braemar, Strathdee, Cromar, Balmakelly, Brechin and Navar, Alloway, Coldinhuiff, Touchgornie, Auchlamskyis, Erskine, Dalnotter, Inchinnan, and Syntoun, Blackrange, West Grange, Cambus, Cowie, Baddindeich, Poppletrees, five chalders of wheat out of Bothkennar, Jargrayis and Raploch and other feu lands which pertained sometime to John [Erskine], earl of Mar, the property of the lands of Easter Ogil, Cossins and Newgrange, the property of the lands of Carnock and of the lands of Wells, and also the feu mails of the lands of Dirleton, Cousland and Kirknewton and others contained in the infeftment made to his grace's right trusty cousin, James [Stewart], earl of Arran, lord Aven and Hamilton, his highness's chancellor, extending to £660 13s 4d, the feu mails of the lands of Cowgask and Strabran conveyed to his highness's right trusty cousin, John [Graham], earl of Montrose, lord Graham, his highness's treasurer, extending to £240, the feu mails of Tantallon and others conveyed to his highness's trusty and well beloved councillor William [Stewart], commendator of Pittenweem, captain of his majesty's guard, extending to £671 13s 4d, the feu mails of the land of Bonkle and Preston contained in the infeftment made to Sir John Maitland of Thirlestane, knight, his highness's secretary, extending to £134, the feu mails of the lands and lordship of Abernethy, [...]² the feu mails of the lands and lordship of Douglas, £200 [...], the feu mails of the lands and lordship of Crawford Lindsay, alias Crawford Douglas [...], the feu mails of the lands of Dunsire [...], the feu mails of the lands of Carmichael, Cornocoip, Parkhead, Sandilands, Walter Head, Thorald, Pettenane and others which pertained to George Douglas, sometime of Parkhead or James Douglas, his son, by the right of his wife [...], the feu mails of the lands and lordship of Jedburgh Forest, [...] the feu mails of the lands of Selkirk [...], the feu mails of the barony of Kellie, set to Mistress Margaret, mistress of Saltoun and her heirs [...], the feu mails of the lands of Over and Nether Nisbet, £100, the feu mails of the barony of Ellem, £36, the feu mails of the lands of Balquhain and others conveyed to George [Gordon], earl of Huntly [...], the feu mails of the lands of Monzie above the ordinary mails of so much thereof as is of his highness's property, £140, out of the rents of the steads of Catslack and Easter and Wester Mountbenger and Shintinleys above the old ordinary feu mail, £100, out of the lands of Cardross and others the feu lands of Inchmahome, [...]; out of the lands of Sheirgartane, Drummis and Kippen and Arnbeg above the old ordinary feu mails, £40, out of the lands of Spittelton above the old ordinary feu mails, £20, out of the lands of Argaty, Lundy and Reidnech above the old ordinary feu mail, £120, out of the rents of the lands of Kintulloch, £10, out of the rents of the lands of the Hudeaikeris and Craig of Cambuskenneth, £40, the teinds of the kirks of Clackmannan, Lecrop and that part of St Ninian's kirk which pertained sometime to John, earl of Mar, the teinds of the parish of Kilmoir and Kincraig which likewise pertained to him, the lands and living whatsoever which pertained to Dame Margaret Lyon, countess of Cassilis, together with whatsoever teind sheaves of the whole lands above-written, annexed in property and appointed to his highness's use as said is, whereof the proprietors of the said lands had right, title or possession; and because there are sundry lands, teinds and possessions contained in this present annexation held by the persons now forfeited of inferior superiors to whom his majesty's self cannot be tenant nor tacksman, therefore, with advice of the said three estates, ordains his highness's comptroller, present and to come, to be present in heritable tenant to the said other superiors of the lands held of them and to be made donator to the escheat of the tacks, teinds and possessions above-written or when time there is to take the tacks of the same, renewed in their persons and their successors, his highness's comptrollers, they always making account, reckoning and payment of their intromission to his highness's use in the exchequer, as of the remainder of his property; and further, decree and declare that the composition of all tenantries now fallen under the forfeiture by the fault and occasion of the superiors shall come to his majesty's use, and be intromitted with by his highness's treasurer and his depute and to no other use nor effect, except so many as are already conveyed to the said James, earl of Arran.