Legislation: private act
Exception in favour of Adam [Bothwell], bishop of Orkney

2Our sovereign lord and estates of this present parliament have fully understood how that Adam, bishop of Orkney, commendator of Holyroodhouse and one of the lords of his highness's council and session, was in our sovereign lord's tender age constrained to change the fruits of the said bishopric of Orkney, the rents whereof were then whole and free with the benefice of Holyroodhouse, whereof there rested nothing unconsumed but the third which was conveyed by [Mary], our sovereign lord's dearest mother, in her perfect age to the bairns of Robert [Stewart], earl of Orkney, her brother, which pension the said earl taking the burden in and upon him for the said bairns transferred in the said Adam, bishop of Orkney, obliging him in most strait form for warrandice of the said pension. Nevertheless in the month of [...] 1573, by a new order established for satisfying of the ministers' stipends, it was appointed that out of the said thirds of Holyroodhouse there should be given yearly for sustentation of the ministry serving the cure at the kirks of the said abbey the [sum]3 of £860, upon the condition of the payment whereof the said former gift of pension was ratified and approved; likewise the said Robert, earl of Orkney, became of new obliged for warrandice to the said bishop of the said sum of £860, in respect of the which the said Adam, bishop of Orkney, has made thankful payment to the ministers serving the cure of the said kirks continuously of the said sum since, which being deeply weighed and considered by his majesty, the lords of secret council, session and exchequer at the constitution made by them upon 14 February 1587 [1588], regarding the general provision of the whole ministers of this realm and all the premises being then tried to be of verity for the part of the said Adam, bishop of Orkney, and it being then well considered that if the thirds of the said abbey of Holyroodhouse should be uplifted with extremity there should not rest so much as should bear the charges of the said Adam, bishop of Orkney, his estate in our sovereign lord's service, wherein he has been occupied by the space of 32 years past; and therefore by the said general act and constitution, it was decreed and ordained that the third of the said benefice of Holyroodhouse should remain in the said estate wherein it was of before, and that the same should be uplifted by the said Adam, bishop of Orkney, he paying to the said ministers the said sum of £860. And for the same cause, our said sovereign lord and [Master Robert Douglas, provost of Lincluden], his collector general, received an assignation from the said bishop of Orkney of the said warrandice, in the which the said Robert, earl of Orkney was obliged to him, which warrandice our said sovereign lord and his collector have conveyed to James Stewart, son natural to the said earl, for yearly payment of £500; but nevertheless the lords appointed for modifying of the ministers' stipends, not well remembering the said general ordinance, have assigned a great quantity of silver and victual to the ministers out of the said third above the said sum of £860, which has bred no small trouble to the said Adam, bishop of Orkney, being no further obliged than is above-expressed; therefore, our said sovereign lord and estates in parliament, after due trial and examination taken in the said matter, have ratified and approved and by the tenor of this present act ratify and approve the clause and condition inserted in the said act and constitution made the said 14 February 1587 [1588] foresaid, concerning the third of the said abbey of Holyroodhouse in all the circumstances thereof, and of new decree and ordain the same to be kept and observed to the said Adam, bishop of Orkney, commendator foresaid, and that the said third of Holyroodhouse shall be possessed, after the form and tenor of the said ordinance, revoking and rescinding whatsoever assignations made to the ministers against the tenor of the clause and provision foresaid, with all sentences and decreets whatsoever following thereupon, notwithstanding any act made in this present parliament or at any time before the date hereof.

  1. NAS, PA2/14, f.14v-15r.
  2. Written in margin: 'P'.
  3. APS interpolation.