[1584/5/106]¹

Ratification granted to Alexander Erskine of Gogar upon the discharge of the castle of Edinburgh

The which day our sovereign lord, with consent and advice of the three estates of this present parliament, has ratified, approved, confirmed and allowed and, by this act, ratifies, approves and allows the discharge, exoneration and declaration following granted, made and given to Alexander Erskine of Gogar in manner after-following, and all and sundry points, passes, clauses, articles and conditions contained therein, and has interposed and interposes their authority thereto so that the said Alexander may possess and enjoy in all time coming the whole privileges and commodities specified in the said discharge, exoneration and declaration, after the form and tenor hereof; and ordains the same exoneration and declaration, with the acquittance and discharge of James [Stewart], then earl of Arran, given upon the receipt of the castle of Edinburgh, to be here inserted for future memory:

James, by the grace of God, king of Scots, to all and sundry our lieges, subjects and others whom it concerns, greeting. Forasmuch as we and the lords of our secret council, having perfect knowledge by good proof and experience that our castle of Edinburgh, being committed to the charge and custody of our well beloved and trusty servant, Alexander Erskine of Gogar, has been faithfully, surely and diligently kept by him, and that he has done his honourable, true, thankful service and duty to us in the keeping and custody thereof since the first committing of the same to him, without any reproach or offence to be laid to his charge in any way thereupon; and also we and the said lords of our secret council acknowledge and confess that we have received from the said Alexander our said castle and all and sundry our jewels, moveables and ammunition and other things whatsoever received by the said Alexander therein at the first receipt thereof, or thereafter in his time in any way pertaining to us, wherefore we, with advice and consent of the said lords of our secret council, by the tenor hereof, exonerate and indemnify the said Alexander, his deputes, servants, their heirs, executors and assignees of their intromission with our said castle, ammunition and other things whatsoever received by him or any them therein in any time past, before the date hereof, and likewise we and the said lords of our secret council, by the tenor hereof, declare that neither the said Alexander nor any of his deputes, under-keepers, servants and officers in our said castle have committed any crime or offence whatsoever that in any way may be laid to his or any of their charges for neglecting of their office and duty in keeping of the said castle, ammunition, servants, prisoners or any other things whatsoever committed to their keeping therein, or for non fulfilling of any charges or command given to him or any of them by us or any others having our power in any time past; and therefore, with advice aforesaid, indemnify and discharge him and each one of them thereof, and shall never move, claim nor pursue action or cause against him or any of them therefore in any way in time coming, but renounce for us and our successors all instance and action we had, have or may have against them or any of them for the same, for now and ever, by this act. Moreover, this act being produced in our parliament, we shall the same be ratified and approved by the three estates thereof in all points. Given under our great seal and subscribed by us and the said lords of our secret council at Falkland on 10 August 1584 and of our reign the 18th year. It is thus subscribed, James Rex, [David Lindsay, earl of] Crawford, James Stewart, [William Stewart, commendator of] Pittenweem, [Walter Stewart, prior of] Blantyre, Sir Robert Melville, [Alexander Hay of Easter Kennet], clerk register.

At Edinburgh Castle on 8 August 1584, Alexander Erskine of Gogar, captain of the castle of Edinburgh, rendered and really and with effect delivered to the noble and mighty lord James, earl of Arran, lord Aven and Hamilton, specially constituted by the king's majesty to the effect underwritten, his highness's castle of Edinburgh aforesaid, with the ammunition, artillery, furnishings, plenishing, jewels and moveables being therein, whereof the particular accounts, as well of the charges as discharges, remains and are extant in the hands of the master and comptroller of his highness's ordinance and of the master of his majesty's garderobe, his highness's late treasurer and his deputes or others having cure and commission of the said artillery, jewels and moveables which were not specially committed to the said Alexander Erskine, but only the castle house and vessels wherein the same were ordained to be kept and preserved; and therefore the Earl of Arran, in name of our sovereign lord, and being authorised by his highness's special power and commission granted him to have received from the said Alexander Erskine the said castle of Edinburgh, ammunition, artillery, furnishings, plenishing and moveables being therein, in manner before specified and according to the power and authority of his commission granted by our sovereign lord to the effect underwritten, exonerates, indemnifies and discharges him, his heirs and executors of the same castle, ammunition, artillery, furnishings, plenishing and moveables aforesaid being therein, for now and ever, and obliged him to procure and deliver to the said Alexander and his heirs sufficient exoneration and discharge of our sovereign lord, with advice of his estates in parliament, next to be held upon the premise in due and competent form as is appropriate, with protection and security to him and his servants in such form as he shall think fit and require. It is thus subscribed, Arran, witness, Pittenweem, [Sir John Maitland of] Thirlestane, witness, Sir Robert Melville, witness, Alexander Hay, witness.