[1587/7/133]¹

Ratification to the burgh of Perth

²Our sovereign lord, now after his lawful and perfect age of 21 years complete declared in this present parliament and general revocation, with advice and consent of his three estates, ratifies, approves and, for [his]³ highness and his successors, perpetually confirms the charter, infeftment and confirmation underwritten, made, given and granted by his highness, with advice of [John Maitland of Thirlestane], chancellor, [Thomas Lyon of Baldukie], treasurer, [Robert Douglas, provost of Lincluden], collector general, and [John Seton of Barns], comptroller, to the poor members of Jesus Christ, now and in all times coming, dwelling and resident within the burgh of Perth, of all and sundry lands, tenements, houses, buildings, kirks, kirkyards, chapels, colleges, yards, orchards, crofts, annualrents, feu mails, feu ferms, pensions, mills, mill lands and their sequels, fishings, fruits, rents, duties, profits, revenues, emoluments, ferms, kanes, services, alms, dail silver, obits,⁴ anniversaries and others whatsoever which in any way pertained, or are known to pertain, or might or may pertain, to whatsoever chaplainries, altarages, vicarages, prebendaries and benefices founded in whatsoever kirk, chapel, college, suburbs or place within the freedom, territory, suburbs or parish of the said burgh of Perth by whatsoever patron or patrons, or which in any way pertained, or are known to pertain, or might or may pertain, to whatsoever hospitals, maison-dieus, almshouses, lepers or poor within the said burgh of Perth, freedom, territory, suburbs or parish thereof, in the possession whereof, the chaplains, prebendaries, vicars and other beneficed persons of the same or the said hospitals, maison-dieus, almshouses, lepers or poor respectively were or might have been of before, wherever the said lands, tenements, houses, buildings, kirks, kirkyards, chapels, colleges, yards, orchards, crofts, annualrents, feu mails, feu ferms, pensions, mills, mill lands, and their sequels, fishings, fruits, rents, duties, profits, revenues, emoluments, ferms, kanes, services, alms, dail silver, obits, anniversaries and others whatsoever lie or were lifted of before respectively, with places, manor places, mansions, kirks, kirkyards, yards, orchards, lands, acres, crofts, annualrents, pensions, fishings, mills, mill lands and their sequels, duties, profits, revenues, emoluments and others whatsoever which pertained of before, or might or may pertain, to the friars, to the blackfriars or predicators, or to the friars minor or Franciscan or to the whitefriars of the said burgh of Perth, together with the yards, monastery or place of the Charterhouse situated beside the same burgh, and with all and sundry other lands, houses, tenements, annualrents, pensions, fruits, rents and duties lying or lifted within the said burgh of Perth, freedom, territory, suburbs or parish of the same given, donated, founded or used to be paid to whatsoever chaplainries, altars, altarages, monasteries, places, colleges, kirks, benefices, mortuaries or anniversaries wherever the same are or lie within this realm, and also all and sundry annualrents, pensions and other duties used to by paid by the provost, bailies or inhabitants of the said burgh of Perth or within the freedom, suburbs, territory or parish thereof, or which might or may be asked or craved from them or any of them out of the common good mills or rent of the same burgh, or out of any lands lying therein or within the freedom, suburbs, territory or parish thereof, by whatsoever other kirk, chapel, college, altar, monastery, prebendary, place or benefice without the said burgh, for whatsoever cause or occasion, and specially for celebration of suffrages; and wills, decrees and ordains the said charter, infeftment and confirmation to be inserted in this present act of parliament to have the strength thereof in time coming, and letters and executorials to pass thereupon after the form specified therein, of the which charter and infeftment the tenor follows:

James, by the grace of God, king of Scots, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that we, moved by piety and by a true fear of the Lord and out of zeal for his glory, and out of compassion towards poor, maimed, weak and pitiable people, orphans, those deprived of their parents, infants and other needy members in Jesus Christ within our burgh of Perth, and for their permanent support, help and sustenance then and in the future, with the advice and consent of our late dearest kinsman James [Stewart], earl of Moray, lord Abernethy etc., our regent and regent of our realm and our subjects, and with the advice of the lords of our privy council, gave, granted and conveyed by another charter under our great seal, and for ourselves and for our successors confirmed in perpetuity to the poor members of Jesus Christ then and for all future times staying and residing within our said burgh of Perth, in perpetuity, all and singly, any lands, tenements, houses, buildings, churches, chapels, gardens, orchards, crofts, annualrents, fruits, dues, profits, emoluments, ferms, alms, dail-silver, mortuary payments and anniversary dues which in any way pertain or are recognised to pertain to any chaplaincies, altarages and prebend churches, in any church, chapel or college founded within the liberty and privilege of our said burgh, through any patron in whose possession their chaplains and prebendaries formerly were, wherever the foresaid houses, tenements, buildings, gardens, orchards, crofts, annualrents, anniversary dues, fruits, profits and emoluments lie or formerly as appropriate were levied, together with any places, manors, gardens, lands, annualrents, emoluments and dues which formerly pertained to the Dominican brothers or the minor order of preachers, or Franciscan and white brothers of our said burgh of Perth, together with the gardens pertaining to the monastery or house of Charterhouse situated in our said burgh, and also, all and singly, the lands, houses and tenements lying within our foresaid burgh and liberty which were given, donated and founded in favour of any chaplaincies, altars, churches, mortuary or anniversary dues, wherever they are within our realm; also with, all and singly, annualrents and other dues which have been paid or which through any other church outwith our said burgh could have been demanded by the provost, bailies and inhabitants of the same in common as a rent of a burgh of this kind or from other lands lying in the same burgh, for the celebration of intercessions. These with all their pertinents are to be held by the foresaid poor members of Jesus Christ present within our said burgh at the time and in future and living there for the time being, from us and our successors, in perpetuity, with various powers and privileges granted and contained in our said other charter for the fulfilment and implementation of the forementioned for the hospitality and sustenance of the said poor and for other pious and divine uses and particularly so purporting. We, having taken into consideration the substantial fraud committed, and [as] publicly known, by a not inconsiderable number of the foresaid prebendaries, chaplains and brothers, who from the time of the reformation of religion have conveyed, alienated and removed their lands, annualrents and tenements which have been alienated by mortmain in favour of chaplaincies, prebends and houses as appropriate, to particular persons; similarly because various subjects of ours, by means of brieves from our chancellery or otherwise, claiming right to certain lands, tenements and annualrents which have been extinguished by their predecessors, and asserting sasine regarding them as if heirs of their predecessors, have gained ownership of lands, annualrents and tenements formerly founded and donated in favour of the church. This situation has continued, partly through neglect on the part of officials or masters of our foresaid burgh and partly through collusion among the chaplains, prebendaries and brothers themselves. Accordingly we, with the foresaid advice, have rescinded and annulled, just as we with the advice and consent of the undermentioned do through the present document rescind and annul, all and singly, alienations, dispositions and sasines of this kind, by the existence of which the original thought or intention of those who founded them has been broken, alienated and changed through the application and removal of the same for private uses, to the effect that the above-mentioned lands, tenements and houses are diverted to the forementioned uses, and wishing, just as we with the advice and consent of the undermentioned by means of the present document do wish, our said declaration to be of such great strength and efficacy as if the persons who are claimants of the said dispositions had been called specifically at law and their infeftments had been specifically rescinded, without further procedure, just as our other charter of 9 August in the year of the Lord 1569, produced and shown in the presence of ourselves, our chancellor, treasurer, comptroller and collector and by the same persons seen and considered set out in fuller form. We, certainly knowing and acknowledging our foresaid other charter, and the donation, disposition, powers, privileges, bringing to judgment and declaration contained in it, carried out, given, granted and completed in favour of the said hospice and support of the said poor people and of other pious and godly uses as has been said, in recognition and consideration of it and to that effect and not otherwise, in another way nor in any way, likewise being in the same frame of mind and benevolence, that the foresaid hospice should be continued, defended and watched over perpetually in future; also that the foresaids should be fully and completely applied, only, to the said hospice and sustenance of the said poor people, and for other pious and godly uses (as said before) and not otherwise in any other way or by any other means; and that to that effect, with the same intention and consideration as insofar as they could be extended in that direction, our foresaid other charter and its contents should be observed, implemented and applied, and not further or otherwise. Therefore we, after our legitimate coming of age decreed in parliament, and our general revocation made by us in the same, with the advice and consent of our said chancellor, treasurer, comptroller and collector, do ratify, approve and for ourselves and our successors in perpetuity do confirm our foresaid other charter, donation, disposition, powers, privileges, restoration and declaration contained in it and the sasine which follows, respectively, to the extent that they do not detract, prejudice nor lead to loss or prejudice, but concern and could be extended to the said hospice and sustenance of the said poor people and to other pious and godly uses, as has been said, and no further, otherwise, in another way, nor in any fashion, in such a way as they are valid and efficacious in the future in perpetuity, not otherwise, in no other way, nor in any other fashion. Further, we, after our foresaid legitimate coming of age and our general revocation as has been said, for the foresaid good and pious reasons, with the advice and consent of our said chancellor, treasurer, comptroller and collector by the present document do give, grant and convey, and for ourselves and our successors in perpetuity do confirm in favour of the foresaid poor members of Jesus Christ now and in all times to come staying and residing within our said burgh of Perth, in perpetuity, all and singly, the lands, tenements, houses, buildings, churches, cemeteries, chapels, colleges, gardens, orchards, crofts, annualrents, feu ferms, payments, pensions and multures, with mill lands and their consequents, fish traps and fisheries, fruits, rents, dues, profits, proceeds, emoluments, ferms, kanes, services, alms, almsgivings called dail silver, death payments, anniversary dues, and any other things which in any way pertained or are recognised to pertain or which could have pertained or could pertain to any chaplaincies, altarages, prebends and benefices in any church, chapel, college or place within the liberty, privilege, territory, suburbs or parish of our said burgh of Perth, founded by any patron or patrons, or which in any way pertained or are recognised as pertaining or which could have pertained to any hospices, religious houses called maison dieus, almshouses, lepers called leperfolk or the poor within our said burgh of Perth or the liberty, privilege, territory, suburbs or parish of the same, which chaplains, vicars and other beneficiaries of the same or the foresaid hospices, religious houses, almshouses, lepers or poor people respectively were formerly in possession of, or could have been, irrespective of where the foresaid lands, tenements, houses, buildings, churches, cemeteries, chapels, gardens, orchards, crofts, annualrents, feu ferms, payments, pensions, mills with mill lands and their consequents, fish traps, fisheries, fruits, rents, dues, profits, proceeds, emoluments, ferms, kanes, services, almsgivings, death dues, anniversary dues and any others lie or were formerly levied, respectively; these together with places, manors, mansions, churches, cemeteries, gardens, orchards, lands, acres, crofts, annualrents, pensions, fish traps, fisheries, mills, mill lands and their consequents, dues, profits, proceeds, emoluments, and anything else which formerly pertained or could have pertained to the said brothers of our said burgh of Perth, no matter which order they belonged to, together with the said gardens and monastery or place of Charterhous situated near our said burgh of Perth; these together with, all and singly, the lands, houses, tenements, annualrents, pensions, fruits, rents and dues lying or levied within our foresaid burgh of Perth, its liberty, territory, suburbs or parish and given, donated, founded or accustomed to be paid to any chaplains, altars, altarages, monasteries, places, colleges, churches, benefices, death payments or anniversary dues, wherever they are or lie within our realm; further, all and singly, the annualrents, pensions, and other dues accustomed to be paid by the provost, bailies or inhabitants within our said burgh or within the liberty, territory, suburbs or parish of the same, or which could have been demanded or sought of them by any of these, of the common assessment, multures or rents of our said burgh or of any lands lying within our said burgh, liberty, territory, suburbs or parish of the same, through any other church, chapel, college, altar, monastery, prebend, place or benefice outwith our said burgh for any cause or account, and especially for the celebration of intercessions; all and singly, the foresaid lands, tenements, houses, buildings and other things already mentioned, with, all and singly, their annex and connex, parts, pendicles and pertinents, in favour of the foresaid poor members of Jesus Christ now and for all times to come staying or residing within our said burgh of Perth, in perpetuity, of us and our successors in pure and perpetual alms in perpetuity etc.; together with authority to the foresaid poor members of Jesus Christ through their collectors, masters or master of the hospice annually through the minister and the elders of our said burgh, at election time for the nomination and election of their elders and deacons, to levy and receive the foresaid lands and tenements and other things already mentioned, as appropriate, and to remove tenants, rent, lease, use, build and repair as appropriate, for the hospice and sustenance as already said of the said poor and for other pious and godly uses, just as it shall seem expedient to apply, through the counsel and consultation of the minister and councillors of our said burgh; providing that, nevertheless, these same things are applied to that effect and not otherwise, in any other way or in any fashion; we with the advice and consent of our said chancellor, treasurer, comptroller and collector wish, grant and for ourselves and our successors and for any others in perpetuity decree and ordain that our foresaid other charter, donation and disposition, powers, privileges, restoration and declaration contained in it, and this present ratification, approbation and confirmation of ours, and this foresaid new donation and disposition of ours of the said lands, rents, advantages and other things mentioned above, have been, are and shall be not only prejudice and are valid in prejudice of the foresaid alienations, dispositions and sasines now as before rescinded, as has been said, and also of all reservations, rights, titles, confirmations, clauses and conditions which have been made, given and granted or excepted in respect of the foregoing, or any part of them, to any persons or person or in anyone's favour, or for the private use or convenience of any of them or theirs, but rather that they should be robust and be valid and effective in themselves and should stand in strength, fortitude and effect, and be observed in perpetuity in future, only for the said hospice and sustenance of the said poor and for other pious and godly uses as already said, without any revocation, contradiction or obstacle of any kind, by our successors or any others in any way to the contrary, by anything they effect, do or oppose; this by renouncing them in perpetuity on our word as a prince. Further, we, with the advice and consent of our foresaid chancellor, treasurer, comptroller and collector, by the contents of the present document not only revoke, retract, rescind, quash and annul the foresaid alienations, dispositions and sasines formerly rescinded and annulled as has been said, with all confirmations and other things following or granted thence or thereupon, with their clauses and provisions made or drafted in their favour whether mentioned in our foresaid other charter through this present confirmation or otherwise, but also without any single exception we revoke, retract, rescind, quash and annul, all and singly, any donations, dispositions, reservations, rights, titles, confirmations, clauses and conditions made, given, granted or drawn up from the time of the reformation of religion, which happened on 6 March in the year of the Lord 1558 concerning or about the foresaid lands, rents, advantages and other things already mentioned or any part of them, which at any time pertained or could have pertained to the said hospices, religious houses, almshouses, lepers or paupers, regarding or about the said gardens, monastery or place of Charterhouse, and regarding or about the places, manors, lands and other things already mentioned which have belonged or could have belonged to the said friars of whatever order they were, made for any person or persons, in favour of anyone, to the injury, loss or prejudice whether of our foresaid charter or of the donation and disposition contained in it, or of this, our present ratification, approbation and confirmation of the the same, or of this, our new donation and disposition and the contents thereof, or of the said hospice or of the said poor members of Jesus Christ, or which could impede, defraud or frustrate the said paupers or their collectors or the masters of the hospice in any way at all or on the point of full and plenary use and possession of the said lands, rents or other things already mentioned or of any part of the profits and advantages of the same, or through which the foresaid or any part of them could be diverted or applied to any private or other uses other than to the said hospice and sustenance of the said paupers and other pious and godly uses as has been said, or which could divert the foresaid or any part of them from the said pious uses to other private or particular uses or advantages. We decree and declare that, all and singly, any of this kind of alienation, disposition, sasine, donation, reservation, right, title, confirmation, clause and condition were from the start and are now and shall be for the future in themselves null and of no validity, force and efficacy; with everything which follows or will follow from or on top of these, and which could follow them to the effect that the said lands, rents, advantages and other things mentioned already, with full and plenary use and possession of the same, all and singly the profits, provided that they flow back, are turned and applied to the said hospice and sustenance of the said paupers and for other pious and godly uses as has been said, and not otherwise, in another way or in another fashion. Therefore we, with the consent of our chancellor, treasurer, comptroller and collector, wish and ordain that they shall be of a level of force, strength, robustness and efficacy as if the persons who were claimants or acquirers of the said alienations, dispositions, sasines, donations, reservations, rights, titles, confirmations, clauses and conditions, or those in whose favour these had been made, given, granted or drawn up, and those who by virtue of the same or thereby were able to claim or assert right, title or interest, specifically and in particular had been cited and had been brought together and came together, and their infeftments, rights, titles and all that follows and could follow from them specifically and in particular had been rescinded and were rescinded without any further stage or process of law. Further, we, with the advice of the foresaid, do unify and incorporate, all and singly, the foresaid lands, tenements, houses, rents, advantages and other things mentioned above, with their pertinents, into one body for all times to come, to be called our foundation of the hospice of our said burgh of Perth. We wish, decree and ordain that a single sasine taken up or to be taken up through one of the collectors or masters of the said hospice in the name of the above-mentioned poor members of Jesus Christ at the tolbooth of our foresaid burgh of Perth is and shall be in all time to come of the same strength, value and efficacy as if specific and particular sasines over the particular lands, houses, tenements and other things mentioned above, and over specific lands and restricted areas had been taken up and were taken up in dissolution of rents, advantages and other things mentioned above, notwithstanding lack of contiguity, and locational distance. In addition, we inhibit and prohibit our treasurers, comptrollers and collectors, present and future, their factors and deputes, and all others whose interest it is or could be, generally and specifically, that none of them should on his own account presume, attempt or assume a responsibility for the receipt or levying any part of the foregoing for any times, years or terms, past or future, or for the purpose of impediment or creating an obstacle for the foresaid paupers present or future or their successors, collectors or masters of the hospice in their name, in peaceful possession and enjoyment of the same. Similarly we require and ordain the lords of our council that they grant and issue letters of execution and charters regarding the foregoing in simple form within ten days at the request of the said paupers present and future, their collectors and masters of the hospice that it may satisfy them promptly and be obeyed in regard to the foregoing to the effect described above. We also instruct any who have been involved in intromitting or receiving the said rents and advantages and other things mentioned above that they should, in relation to the same said paupers present and future, their collectors and masters of the hospice, react promptly, pay attention, obey and make free dissolution, provided nevertheless that the same collectors or masters of the hospice each year fulfil their duty, and are chosen afresh by the foresaid minister and elders at election time as mentioned above. Likewise the minister and elders at their discretion are to allocate a reasonable stipend to the said collectors or masters of the hospice for their labours. We also ordain that the said collectors and masters of the hospice annually and every year not only render an account and calculation of their receipts, intromissions, distributions and applications of the foregoing to the superintendents and commissioners of the priory and to the ministers and elders of our said burgh, but also to our exchequer as required.