[1587/7/101]¹

Act in favour of Claud Hamilton, son to [Claud Hamilton], commendator of Paisley

²Our sovereign lord, now after his lawful and perfect age of 21 years complete, ratifies and approves and, by the tenor hereof, with advice and consent of his three estates of parliament presently convened, perpetually confirms the letters of gift, donation and disposition therein contained made and granted by his highness to his beloved Claud Hamilton, lawful son to his majesty's well beloved cousin and councillor Lord Claud Hamilton, commendator of the abbacy of Paisley, for all the days of the said Claud's lifetime, of the benefice of the same abbacy of Paisley, with the whole fruits, dignities, profits, emoluments and others whatsoever contained in his majesty's letter of gift of the same abbacy of Paisley pertaining, or that may pertain, or which in any time past has pertained, thereto, together with the express reservation inserted in his highness's said gift, reserving to his said well beloved cousin and councillor, then resigner and titular of the said benefice, the whole fruits of the same, powers, dignities, privileges, jurisdictions and others whatsoever comprehended in the reservation aforesaid made thereupon, engrossed in his highness's said letter of gift, and all other provisions, conditions, reservations and others whatsoever therein contained, as the letter of gift and donation of the date at Holyroodhouse on 31 May 1586, under his majesty's great seal, at more length purports, in all points, articles, clauses and circumstances thereof, after the form and tenor of the same. Moreover, our said sovereign lord decrees and declares that his said letter of gift and donation is and shall be in all time coming good, valid, effectual and of sufficient strength, force and efficacy to the said Lord Claud Hamilton and his son above-mentioned during either of their lifetimes successively, to the effect contained in his majesty's letter of gift, and for the whole fruits, mails, ferms, duties of lands, mills, multures, woods, fishings, teinds and others whatsoever contained in the letter of gift pertaining or that may pertain to the said benefice, without any exception or diminution thereof, notwithstanding whatsoever acts of his majesty's parliament, statutes, laws and constitutions made or to be made that might or may appear to annul, hurt or prejudice his highness's said letter of gift, in whole or in part, dispensing, likewise by this act his highness dispenses therewith and renounces the same forever in that behalf, of the which letter of gift, disposition and provision the tenor follows:

James, by the grace of God, king of Scots, gives greetings to all his good men whom the present letter reaches. Let it be known that we, for the good, loyal and faithful service rendered to us by our most loyal kinsman Claud Hamilton, commendator of Paisley abbey, which has before now been proved at various times and of which we have definite experience, and for other good considerations which influence us, have given, granted and conveyed to our beloved Claud Hamilton, legitimate son of our foresaid very loyal kinsman Lord Claud Hamilton, for all the days of his life, the benefice of the abbey of Paisley; and that we have made, arranged and ordained as we have done, arranged and ordained by the contents of the present document the said Claud Hamilton indubitably and irrevocably commendator of the same, giving, granting and consigning to him for the duration referred to the care, direction and administration of the same, with all the honours, privileges and immunities pertaining to the same, together with, all and singly, the lands, lordships, regalities, baronies, mills, woods, fisheries, buildings, mansions, castles, towers, fortalices, orchards, gardens, meadows, parks, tenements, tenants, tenancies, services of freeholders, churches, offices of rector and vicar, teind sheaves, other teinds, and any profits, annualrents, incomes, dues, kanes, customs and other advantages relating and justly worthy of relating, or which in the past pertained to the said monastery, wherever they lie within our kingdom; also with advocation, donation and right of patronage of all churches, prebends, benefices and chaplaincies pertaining of old to the said monastery; notwithstanding that the same appear able to be devolved to us and our successors by any laws, acts of parliament, statutes and constitutions of our kingdom. This monastery with all its lands, lordships, baronies, regalities, lands, tenements, mills, fisheries, mansions, teinds and other things mentioned above are now vacant, in our hands, and at our disposal, through the surrender and resignation of them made by the said Lord Claud Hamilton mentioned above which were accepted and received by us so that we could provide such a person as we considered ought to be provided for the said monastery, reserving entirely, to the said Claud who is surrendering them, for all the days of his life all the fruits of the said monastery, with the gift regarding these of conveying and of making leases, feu ferms and rentals of the same in the manner mentioned above, as in the said surrender which makes fuller mention of the same and to which our charter makes special reference. This with full gift and freedom to the said Claud Hamilton, the foresaid commendator, for the duration of his life after the demise of the said author of the surrender, or in his time with his own consent, of arranging in feu ferm long or short leases and rentals of patrimonies, both spiritual and temporal, of the said monastery to any persons in a way which is not inconsistent with the laws of this realm. [We grant] the authority to withdraw, retract and rescind, all and singly, the leases, rentals, infeftments, pensions, other rights and any titles made by any commendators or abbots of the said monastery at any time in the past, and to bring, within the laws of our realm, a specific action, undertake and pursue it; also the authority to exercise jurisdiction over the foresaid lordships, baronies and regalities, through the bailies already constituted or to be constituted for the administration of justice, and appointing bailies, stewards and other members of court necessary for this purpose as often as is needed, hereditarily or for a limited time, and to bring in and receive the heirs and successors of the said feu ferms or freeholders of the said monastery, through brieves or otherwise receive them by surrender of hereditary tenancies; also by infeftment make, put together and agree the fruits, rents and dues of the said monastery, and receive and levy them, and to make, create and appoint factors and chamberlains for this purpose as is necessary, and to summon, prosecute and pursue as necessary in respect of the said fruits, rents, profits and emoluments of the said monastery; also to convey and turn to his own use and generally to do, use and exercise, all and singly, everything which any other commendators or abbots of the said monastery or of other monasteries within this realm have been or are able to do in respect of the foregoing; and in all respects to possess, enjoy and use the said monastery with all its fruits and profits just as any other commendator or abbot has treated and possessed the said monastery in any time past, without any counter claim, impediment, obstacle or repeal, with supplement of all errors and defects which exist or could befall the person of the said Lord Claud Hamilton who surrendered the foresaid or the person of the foresaid Claud Hamilton promoted to the present positions as has been said, for any past cause of whatever condition or quality it was, and with supplement of all other errors, specified or not, which we regard as if expressed from the fullness of our gift and by the wording of the present document; this while entirely reserving to the said Lord Claud Hamilton for all the days of his life, all and singly, the fruits, profits, dues and casual profits of the said abbey, lands, lordships, baronies and regalities of the same, the mills, woods, fisheries and other things specified above for the duration of his life, with the privileges and advantages of the office of commendator of the said monastery, and with full freedom to rent and convey the patrimony, both spiritual and temporal, of the said monastery in feu ferm rental, and long and short leases and to bring in freeholders and those on feu ferm of all the lands, lordships and tenements, castles, towers, fortalices and any other things held by the said monastery by brieves or precepts of clare constat or by other means as required within the laws of our realm, and to receive surrenders of all tenancies for new infeftments made in their place, and to set fines and payments and receive them for his use and disposal; this similarly as freely, quietly, as if the said surrender had never been made and as if Claud Hamilton had been able to do these things before its completion. Besides we wish and grant, and for ourselves and our successors decree and ordain that if it should happen (which God prevent) that the said Claud Hamilton who is now provided for in this document should die a natural death before the said Lord Claud, or himself live after the demise of the said Claud, then in that case the said Claud Hamilton, then as now and now as then, without any other provision, unless by virtue of the said surrender and reversion contained in our letter, should return and have full regress and access to legal right and title of the property of the said abbey to enjoy peacefully and of possession by him, as freely and securely as he could have done before the said surrender and further as if it had never been made. Therefore we instruct, all and singly, our subjects and lieges as necessary to respond promptly, pay attention to and obey our said Claud Hamilton regarding the fruits, emoluments and dues of the said abbey for the period mentioned above, notwithstanding that the said provision has been completed for the said Claud Hamilton through the handover of the said Lord Claud Hamilton, his father; and this with reservation of all fruits and the gift of administering the said monastery after the said surrender, and with regress of the said author of the resignation in the event of the decease of the foresaid Claud Hamilton who has been provided with it at present, or of any other clause which could appear to weaken or invalidate the said provision or any other article, condition or circumstance; also notwithstanding any acts of parliament, laws and resolutions made or to be made to the contrary, with which we with our royal gift and power have dispensed or shall dispense, and specially with the act of parliament passed at Edinburgh on 22 May in the year of the Lord 1584, regarding the succession of prelates through the surrender of their close kinsmen to make provision for their kinsmen, with reservation of fruits to themselves for the duration of their lives, because the said act was completed for my grace and favour, and so we when we can dispense with it prevent our advocate present and future from any pursuit and prosecution by virtue of the said act or of any other resolution or ordinance. Further, we instruct the lords of our session and all our other judges and servants of our laws and, all and singly, our lieges that no-one should presume to undertake anything directly or indirectly to the loss or prejudice of this letter of ours, or against it, providing in every way that the said Claud Hamilton who is now provided to the said monastery and the said Claud, the present commendator of the same, are subject to preserving and guarding the post which is being created for the maintenance of the ministers so that they may serve the churches of the said monastery, with their stipends allocated to our third following the act of our parliament formerly carried or any other arrangement which is established. In testimony of which we have instructed our great seal to be applied to the present letters. At Holyroodhouse on 31 May in the year of the Lord 1586, and in the nineteenth year of our reign.