[1592/4/209]¹

²Act ratifying [Alexander Lindsay], lord Spynie's infeftment of the lordship of Spynie, and ordaining a new infeftment thereof to be made; and also dissolving the same from the crown to that effect

Our sovereign lord and estates of this present parliament have now seen, read and diligently considered the charter and infeftments heritably made and granted by his majesty of before under his highness's great seal after his perfect age of 21 years complete and after the annexation of all kirk lands within this realm to his highness's crown, with advice and consent of his lords of secret council and officers of state therein mentioned, to his trusty cousin and councillor Alexander, now lord Spynie, then called Master Alexander Lindsay, vice chamberlain to our sovereign lord, his heirs and assignees heritably, of all and sundry the lands, lordships, baronies, regalities, castles, towers, fortalices, manor places, mills, multures, woods, fishings, parks, meadows, forests, teind fishes, feu ferm, annualrents, mails, duties, casualties, tenants, tenancies, services of free tenants and others whatsoever specified particularly in the said charter pertaining of old to the bishopric of Moray and whereof the bishops of the same had been in possession as parts of the patrimony thereof in any time bygone; together with the advocation, donation and right of patronage of all and sundry the parish kirks in the said charter pertaining of before to the said bishopric of Moray and lying within the diocese thereof, with the privileges of the same and others specified in the said charter, all united, annexed and incorporated by virtue thereof in a free barony called and to be called the barony of Spynie, as the said charter, containing sundry other commodities, privileges, clauses and articles, of the date at Holyroodhouse, 6 May 1590, at more length purports. And our sovereign lord, with the estates foresaid, having now deeply weighed and considered the causes specified in the said charter, for the which the same was made and granted, and namely the good, thankful and notable service done by the said Alexander, lord Spynie, to his majesty in his voyage to Norway and Denmark for conducting and bringing home of his highness's dearest spouse Anne, by the grace of God, queen of Scots, daughter lawful to the late Frederick [II], king of Denmark; wherein the said Alexander, lord Spynie, having remained a long space, which was to him very costly and chargeable, beside his honourable services then done with his careful and diligent attendance upon our sovereign lord's most noble person, the said Alexander, lord Spynie, at that same time by his credit, means and diligence furnished and disbursed to our said sovereign lord and, at his desire in his highness's necessary affairs, for advancement of his royal estate, honour and common welfare of this realm, diverse great sums of money, surmounting in the whole to the sum of 8,000 crowns of the sun³; which causes, services and disbursements of the sums above-mentioned being sufficiently verified and proven to his majesty and the forenamed estates in plain parliament, they find, decree and declare the same, with the said Alexander, lord Spynie's other manifold, true and thankful services done and bestowed daily and continually from his very youth to our said sovereign lord in the most part of his highness's weighty and notable affairs, to have been and to be accounted seen causes tending to the advancement of his majesty's honour, preservation of his majesty's noble person and to the profit of the common welfare of this realm; in respect whereof and to make the said Alexander, lord Spynie, his heirs and successors more able to continue in the like honourable and profitable services in time coming, therefore, and for sundry other causes and considerations, our said sovereign lord and estates above-mentioned, find, decree and declare that his highness might lawfully have conveyed and alienated, and may hereafter of new give, grant, transfer and convey heritably to the said said Alexander, lord Spynie, his heirs and assignees, and to such others with him as he shall nominate and design, all and sundry the forenamed lands, baronies, mills, multures, feu ferms, tenancies, right of patronages and others whatsoever above-rehearsed, as well in special or in general mentioned in the said anterior infeftment, to be held in manner and for payment of the yearly duty therein contained. And consequently, our sovereign lord and estates above-mentioned find, decree and declare that the said former infeftment was lawfully made and granted to the said Alexander, lord Spynie and his foresaids; and by the tenor hereof ratify, approve and perpetually confirm the same, with the precept and instrument of sasine following thereupon and whole contents thereof in all their clauses, points, articles, conditions and circumstances specified therein and interpose their decreet and authority thereto; and also decree and declare that the same former charter, infeftment and sasine was from the beginning and shall be in all time coming good, valuable, sufficient and effectual rights and titles to the said Alexander, lord Spynie and his foresaids for holding, enjoying, using and possessing of all and sundry the forenamed lands, baronies, lordship and others above-rehearsed specified therein, heritably and perpetually after the tenor thereof, notwithstanding the act of parliament made upon 29 July 1587, regarding the foresaid annexation of all kirk lands within this realm to his majesty's crown, and of all his highness's revocations, special and general (from the which our sovereign lord and estates foresaid decree and declare the said former infeftment to be now and in all time coming expressly excepted), and notwithstanding of whatsoever other acts, statutes or constitutions made of before that might or may be interpreted in the contrary and of whatsoever other defections; with the which, his majesty and estates foresaid dispense for ever by this present act, and ordain the said former charter as need be to be inserted word by word herein, whereof 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 - after not only we but also the lords of our privy council and the undernoted officials of our royal position, namely Lord John Maitland of Thirlestane, our chancellor, and secretary, Master Thomas Lyon of Baldukie, steward of our treasury, Lord Robert Melville of Murdocairnie, vice steward of our treasury, Lord Lewis Bellenden of Auchnoull, our justice clerk, knights, and Master Robert Douglas, provost of Lincluden, our collector general, now purposely called together, to investigate the truth in this regard, which is more than adequately well known by that investigation - it was demonstrated that our beloved kinsman and trustworthy councillor Master Alexander Lindsay, our vice chamberlain for many years now, indeed from his childhood, has brought to every kind of office in relation to us, in many ways and on almost every occasion, the greatest diligence and an amazing disposition of mind to the carrying out our functions and services both within the borders of our kingdom and also among foreign peoples, and especially that, fired by great assiduity towards us, he accompanied us on our recent journey to Norway and Denmark, so that the sea journey of a most illustrious and excellent princess and queen, our dearest wife, might proceed to our land the more safely. In the execution of this, it is abundantly clear that the same Master Alexander - with as much and as great effort, loyalty and indeed scale of expenditure he could, and with great burden and loss to his inheritance and goods - graciously assisted our journey from departure to return, with no consideration for expense, in a manner pleasing to us, a compliment to our wife and an advantage to country and state, and not only for the majesty of our realm but also for the foresaid lords of the privy council and the officials of our royal position. We, with the advice and consent of the forementioned, wishing to make satisfaction for the foresaid expenses, offices and burdens as occasion and opportunity offer day by day, and now being fully aware of the same Master Alexander's promptitude of mind and steady affection towards us and our service, which is to remain in perpetuity firm in all and every duty in this way with the utmost legality and obedience, as we are sufficiently persuaded, [we] have considered it out of keeping with our majesty to deprive such pleasing obedience and continual efforts of the rewards which are more than deserved. Therefore, overcome by so many kindnesses and moved by various other causes and reasons, so that we may be seen to satisfy these to some extent until a better occasion to repay the [grace] occurs in future, we therefore, after our lawful achievement of the age of 21 proclaimed by three public committees of our realm when the estates were called together, after our general revocation made at these, and now with the express advice and consent of the foresaid lords of our privy council and of the foresaid officials of our royal position mentioned above, we have given, granted and conveyed, and indeed by the contents of our present charter do give, grant and convey in favour of the foresaid Master Alexander Lindsay and his heirs and assignees in perpetuity, all and singly, the lands, lordships, baronies, regalities, castles, towers, fortalices, manors, mills and multures, woods, fishings, groves, parks, meadows, forests, fish tithes, feu ferms, annualrents, taxes, ferms, kanes, customs, casual payments, profits, and dues, with tenants, tenancies and services of freeholders, and other things mentioned below, namely: whole and complete the lands, lordship and barony of Spynie, with castles, towers and fortalices, mills, multures and their consequents, woods, groves, parks, wards, meadows, forests, lochs, salmon fishings and other fishings, and any parts, pendicles, annex and connex, townships, outsets, tenants, tenancies and services of freeholders of the same and all their pertinents, lying within our sheriffdom of Elgin and Forres, and also with the regality of Spynie, the privileges, jurisdictions and immunities of the same, and a free chancellery and chancellorship relating to it within all the foresaid parts or limits of the lands, lordships and baronies specified above and following; whole and complete the lands, lordship and barony of Kinedder; whole and complete the lands, lordship and barony of Birneth; whole and complete the lands, lordship and barony of Rafford; whole and complete the lands, lordship and barony of Ardclach, lying within our sheriffdom of Elgin and Forres; whole and complete the lands, lordship and barony of Kinmylies, lying within our sheriffdom of Inverness; whole and complete the lordship and barony of Strathspey, lying within our sheriffdom of Elgin and Forres; whole and complete the lands, lordship and barony of Moy, lying within the same sheriffdom of Elgin and Forres; whole and complete the lands, lordship and barony of Keith, lying within our sheriffdom of Banff, with, all and singly, castles, towers, fortalices, manors, mills, multures and their consequents, woods, groves, parks, wards, meadows, forests, lochs, salmon fishings and any other fishings, dovecotes, warrens, parts, pendicles, annex and connex, townships, outsets, tenants, tenancies and services of freeholders of, all and singly, the lands, lordships and baronies specified above, with all their pertinents, lying within our diocese of Moray and of old relating to its episcopate as if parts of its patrimony, together with, all and singly, feu ferms, other taxes, ferms, kanes, customs, profits, advantages, tenants, tenancies and services of freeholders, superiorities, privileges of regalities, and any other jurisdictions, offices, rights, privileges, preferments and immunities of, all and singly, the foresaid lands, lordships and baronies, castles, towers, mills, woods, forests, fishings and other things specified above; also with all annualrents, drylands, multures, dues and emoluments of the same or due and accustomed to be paid of any part of them; and similarly whole and complete the salmon teinds and other salmon duly and customarily formerly paid to the bishops of Moray at the time and their tenants or servants in their name, regarding, all and singly, boats and small boats and salmon fishings on the water of Inverspey; which, all and singly - the foresaid lands, lordships, baronies, towers, castles, mills and multures, woods, groves, forests, fishings, tenants, tenancies, and other things mentioned above, with the forenamed feu ferms, and other taxes, dues, annualrents, drylands, multures, regality privileges and jurisdictions, teinds of salmon, salmon fishings, and anything else mentioned above, from of old belonged to the episcopate of Moray and its benefice as if parts of its temporal patrimony; the bishops of the said episcopate at the time, before living memory, retained these in their possession, and they have now come into our hands and pertained to us and do so pertain, by virtue of the general act of annexation of church lands and rents within the realm of our crown, which was promulgated in our parliament held in Edinburgh on 29 July in the year of the Lord 1587; further, all and singly, the other lands, baronies, towers, fortalices, mansions and manors, houses, buildings, gardens and orchards, together with dovecotes, warrens, mills and multures, parks, wards, groves, forests, fishings, townships, outsets, tenants, tenancies and services of freeholders, superiorities, feu ferms, and any other taxes, kanes, customs, profits, dues, annualrents, privileges, jurisdictions, offices, immunities, preeminencies, fish teinds, easements and emoluments which formerly belonged to the said episcopate of Moray and its benefice as if parts of its patrimony, and which were, as has been said, in the possession of the bishops of Moray at any time in the past, and which thereafter by virtue of the said act of annexation or for any other reason or by any other means came into our hands or those of our predecessors, or which have belonged, or in future could belong, to us or our successors, for any reason or by any laws, statutes or acts of parliament made or to be made regarding them. The fruits and advantages of these lands and other things mentioned above came into our hands as a result of the death of the late George Douglas, most recent bishop of the episcopate of Moray, on whose death they fell vacant [and came] into our hands. Therefore we, with the advice of the above-mentioned, considering that, all and singly, the following parish churches - namely the parish churches of Elgin and St Andrews in Moray, and the parish churches of Dyke, Rothiemay, Keith, Gartly, Wardlaw,⁴ Rothiemurchus, Daviot, Tallarice, Inverallen, Ogston and Drumdelgie - together with all teinds, teind sheaves and other teinds relating to the demesne churches and parishes of the same, formerly belonged to the said episcopate of Moray as if parts of its patrimony, and lie within the diocese of the said episcopate, in such a way that they were destitute of rectors of the demesne church, and of vicars at all (their continued residence there was absolutely necessary so that they could teach the people and parishioners of the said churches the basics of the true Christian religion, instruct them in the divine word of God, and administer the sacraments there at all the due and customary times), so that that huge omission could be repaired and so that they could observe the dogmas and constitutions of the Christian religion in the same churches and parishes, above all working for the propagation of the word of God, we, with the advice and consent of the foresaid, do dismantle and dissolve, and by the contents of our present charter do dismantle and dissolve, all and singly, the foresaid parish churches, rectories and vicarages of the same, with, in their entirety, the teinds, teind sheaves and any other teinds, manses, glebes, rents and other privileges formerly relating to them, with all foundations from which they proceeded from the said episcopate and its patrimony for all time to come, and by our royal power and authority with the above-mentioned advice we have elevated and by the contents of our present charter do elevate the rectory in each of the forementioned churches of Elgin and St Andrews in Moray, of Dyke, Rothiemay, Keith, Gartly, Wardlaw, Rothiemurchus, Daviot, Tallarice, Inverallen, Ogston and Drumdelgie, rectories which henceforth are to take their titles and names from the same parish churches respectively; also we give, grant, convey and unite by the contents of our present charter, all and singly, the teinds, teind sheaves and any other teinds, manses, glebes, rents and all emoluments of the rectories and vicarages of each of the said parish churches respectively, mentioned above, and also the ministers and rectors mentioned below for their maintenance, to whom the care or administration of the said churches is committed in perpetuity. That this may happen the better, we, with the foresaid consent, have decreed, established and ordained that in each of the said parish churches for all time to come a rector shall be provided of sufficient erudition and reading that he may, after proper examination of his morals, integrity and doctrine, be found suitable to teach the parishioners of the said churches the precepts of true and Christian religion as mentioned above, and administer the sacraments according to the method prescribed by the word of God, and be able to do everything which pertains to the office of minister, and which other rectors, vicars and ministers are and shall be bound to do as a result of their office within our realm. Annual stipends shall be established for their maintenance from the foresaid church teinds, fruits and rents as set out before. Also, so that all of these things may be carried out the more precisely, and so that men of outstanding erudition and moral probity may be presented to each church when necessary, we, with the consent and advice of the foresaid, have given, granted and conveyed, and by the wording of our present charter do give, grant and convey and in perpetuity confirm to the foresaid Master Alexander Lindsay, his heirs and assignees in heritage the advocation, donation, and full right and title of patronage of, all and singly, the rectories, vicarages and parish churches specified above with, all and singly, the privileges and advantages relating or capable of relating to them, together with all right, title, action and interest which we, our predecessors or successors have, shall be able to claim, or could claim to have in any way in respect of them, whether by devolution of church patrons to our person, according to laws or constitutions of our realm, or otherwise by law and the privilege of our crown following the method and custom of antiquity and observed in the past in regard to them. Therefore on behalf of ourselves and our successors and with the foresaid advice and by the wording of our present charter, we unify, conjoin, annex and incorporate the said advocation, donation and right of patronage of, all and singly, the forementioned rectories, vicarages and churches into and to the undermentioned barony of Spynie elevated (as said hereafter), so that they may at no time after this be disjoined or separated from the said barony. Also we have made and established, and by the wording of our present charter do make, establish and ordain the said Master Alexander Lindsay, his heirs and assignees as lawful, indubitable and irrevocable hereditary patrons of, all and singly, the foresaid rectories, vicarages and churches in perpetuity, with full authority to present good and suitable men who can be in charge of the said churches as their rectors and ministers, and who shall seem suitable to take up the foresaid responsibility, care and administration; this with authority and commission to the ordinaries who are in post at the time at present and in the future to receive them to the said benefices within six months of the date of the present document, and also thereafter to present similarly afresh at any time in the future whenever it happens that the said rectories are vacant, whether through demission because of death, non-residence, deprivation, inability or for any other reason, within six months after notification of the vacancy, under pain of the laws which are established in this regard; this with free authority to the said Master Alexander, his heirs and assignees to exercise and use all other privileges, freedoms and advantages relating to the said advocation, donation and right of patronage of the above-mentioned churches and rectories in a similar way and as freely as all other patrons have done or can do in this kingdom of ours. Further, for the foresaid reasons we, of our own accord and from certain knowledge, with the advice of the foresaid, have elevated, united and incorporated, and by the contents of our present charter, on behalf of ourselves and our successors, do create, elevate, unite, annexe and incorporate, all and singly, the forementioned lands, lordships and baronies of Spynie, Kinedder, Birneth, Rafford, Ardclach, Keith, Kinmylies, Strathspey, Moy and other things rehearsed above, with, all and singly, their foresaid castles, towers, fortalices, manors, mills, multures, knaveship, woods, forests, groves, fishings, gardens, orchards, dovecotes, warrens, townships, outsets, parts, pendicles, annex and connex, tenants, tenancies and services of freeholders and any other pertinents of theirs mentioned above, together with, all and singly, the foresaid feu ferms, ferms, other ferms, taxes, dues, annualrents, drylands, multures, superiorities, privileges, jurisdictions and immunities of regalities, salmon teinds, salmon fishings, and other things mentioned above, and also with the foresaid advocation, donation and right of patronage of, all and singly, the foresaid rectories, vicarages and churches specified above, into one complete and free barony, in favour of the foresaid Master Alexander, his heirs and assignees, now in perpetuity, in future to be called the barony of Spynie, giving and granting to the said Master Alexander and his foresaids the title, honour, rank and status of free baron, who shall now and in perpetuity be called barons of Spynie. Similarly we wish and grant, and on behalf of ourselves and our successors, decree and ordain that a single sasine now and for all time to come shall stand and shall be sufficient for all time to come, in favour of the foresaid Master Alexander and his heirs and successors regarding the foresaid newly elevated barony of Spynie and, all and singly, the forementioned lands, lordships, baronies, castles, towers, fortalices, mills and multures, woods, fishings, regality privileges, feu ferms, superiorities, annex and connex, tenants, tenancies and services of freeholders, parts, pendicles and pertinents, advocation, donation and right of patronage of, all and singly, the foresaid rectories and parish churches, with any other things mentioned above, to be given and granted at the forementioned place, castle and fortalice of Spynie or any part of it (which we, on behalf of ourselves and our successors ordain and establish now and in perpetuity as the principal messuage of the newly elevated barony), in favour of the said Master Alexander Lindsay and his forementioned [heirs and assignees] for the said complete recently elevated barony of Spynie, and for, all and singly, the forementioned lands, lordships, baronies, towers, fortalices, mills and multures, woods, fishings, tenants, tenancies, feu ferms, ferms, regalities, advocation, donation and right of patronage and any other things mentioned above, incorporated into one, as has been said, even if they or a part of them do not lie together and contiguously, regarding which we, on behalf of ourselves and our successors, have dispensed, and by the wording of our present charter do dispense, now and for perpetuity, and also for greater security we, on behalf of ourselves and our successors, by the wording of our present charter, with the advice and consent of the foresaid, do renounce, quitclaim and transfer from ourselves to the said Master Alexander Lindsay and his heirs and assignees and in their favour, all and singly, the foresaid lands, lordships, baronies, castles, towers, fortalices, mills and multures, woods, fishings, fish teinds, feu ferms, with tenants, tenancies and services of freeholders, superiorities, annex and connex, rights and privileges of regalities mentioned above, and with all jurisdiction of the same, free chancellorship and chancellery, within all the limits of the foresaid lands, lordships and baronies, and also the advocation, donation and right of patronage of, all and singly, the foresaid rectories, vicarages and churches specified above, with all privileges, liberties and other things mentioned before, together with every right, title, interest and legal claim, whether of claimant or possessor, which we, our predecessors or successors had, have or could in any way be able to claim, by virtue of the act of annexation of all the church lands in our kingdom to our crown, or any other acts, titles, laws, constitutions, causes or occasions, named or not, with all action and instance of the same which could be possible for us or our successors, simply and in perpetuity; this with an agreement not to challenge, and with supplement of all errors, stated or not, which we wish to have in this present charter as if expressed. Besides we, with the advice and consent of the foresaid, decree and ordain that the foresaid lands, lordships, baronies and other things stated above shall at no time henceforth be taxed along with church lands, nor numbered among rents of church status, but that they be taxed with the lands and temporal lordships of free barons, pro rata and in proportion, free of annual valuation and rents of the same, whenever out of urgent necessity it is decreed that taxes and contributions are to be imposed throughout our kingdom as a general order of land tax. Similarly we have decreed that if the said lands, lordships, baronies and other things mentioned before or any part or parts of them at any time in the past were leased from the then bishops of Moray in feu ferm before the said act of annexation, and infeftments granted regarding them by us or our predecessors were received and confirmed in any lawful way within this kingdom, then in that case the said Master Alexander Lindsay, his heirs and assignees shall have, just as also we with the foresaid advice and by the wording of our present charter convey to them, full right and title of property and superiority of the same, the same as the bishops of Moray or ourselves as bishops have had or could have had before the completion of our present charter, with all right, title and action which are competent for them or us, in terms of imposing the said feu ferms and as regards the payment of, all and singly, feu ferm, and other dues and services contained in infeftments of feu ferm already granted, and in regard to the fulfilment of all clauses and conditions specified in them, for as long as they, any of them or their successors or assignees can justly possess the same lands and other things already mentioned by virtue of the said infeftments, during which time the said holders of feu ferms shall hold these lands of the said Master Alexander Lindsay and his forementioneds as if their immediate superiors in feu ferm and heritage, for the annual payment of the said feu ferm and other dues and services contained in their infeftments already granted, and for the fulfilment of other conditions specified therein. Also we give and grant full and free authority, right and title to the said Master Alexander Lindsay and his foresaids to prosecute and call to justice any persons having an interest in the reduction, rescission and annulment of, all and singly, infeftments, charters, sasines and other evidents drawn up for any other person or persons regarding the said lands, lordships, baronies and other things or concerning any part of them or regarding any offices, annualrents and dues thereof; and also to infringe or cancel these same infeftments on account of non-observance of conditions contained therein or for any other reasons or occasions which are competent in civil municipal law, laws, acts or constitutions of this realm of ours, so that after the said reduction, annulment or expiry of the foresaid infeftments and titles the said Master Alexander and his foresaids are able freely and quietly to enjoy, all and singly, the foresaid lands, lordships, baronies and other things mentioned above and specified in the said infeftments, and in perpetuity to possess them as their property and inheritance; also generally with the authority to the said Master Alexander and his foresaids to do and pursue everything else which pertains to the foresaid which we ourselves and the bishops of Moray at the time could have done before the completion of our present charter. Whole and complete, the foresaid lands and barony of Spynie (recently elevated, as has been said) comprising in particular, all and singly, the forementioned lands, lordships and baronies of Spynie, Kinedder, Birneth, Rafford, Ardclach, Keith, Kinmylies, Strathspey, Moy and the others set out above with, all and singly, their towers, castles, fortalices, mansions, manors, gardens and orchards, dovecotes and warrens, mills, multures and their consequents, woods and groves, parks, wards, forests, meadows, fishings, parts and pendicles, townships, outsets, annex and connex, feu ferms, tenants, tenancies and services of freeholders, superiorities of regalities, privileges, jurisdictions regarding, all and singly, the said lands, baronies and other things already mentioned, together with the foresaid salmon teinds, and also the advocation, donation and right of patronage of, all and singly, the foresaid churches, rectories and vicarages enumerated above, and, all and singly, the foresaid annualrents, drylands, multures and anything else mentioned above - are to be held and had by the foresaid Master Alexander Lindsay, his heirs and assignees in fee and heritage, and free barony in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in castles, towers, fortalices, houses, buildings, woods, plains, muirs and marshes, roads and paths, waters, pools and streams, meadows, pastures, grazings, mills, multures and their consequents, fowling, hunting, fishing, peat mosses, turfbeds, coals and coalworkings, rabbits and warrens, pigeons and dovecotes, workshops, breweries, brewhouses, and whins, groves and thickets, wood and timber, stoneworkings, stone and lime; with courts and their outcomes, inheritance payments, bloodwit, and marriage of women, amercements and escheats of the same courts, and also with furca et fossa, soke and sac, toll and theame, infangthief and outfangthief, pit and gallows, with all woods, free forests, courts, privileges and liberties of free forests, outcomes, amercements and escheats of the same in all parts of the lands and baronies mentioned above, wherever woods or forests formerly were, are now, or shall be in the future, with wrack and wair, vert and venison, and with common pasture and free entry and exit and with, all and singly, the other advantages and any freedoms, profits, easements and their just pertinents, named or not, under or above ground, far or near, relating to the foresaid lands and barony recently elevated and relating to the lands and other things specifically mentioned above or justly capable of so doing in any way in future, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, the said Master Alexander Lindsay and his forementioned heirs and assignees shall render to us and to our successors for the foresaid newly elevated barony of Spynie - which contains, all and singly, the forementioned lands, lordships, baronies, mills, multures, fishings, regalities, advocation, donation and right of patronage of the said churches and rectories, and all other things mentioned above - the sum of 100 merks of the usual currency of our realm, annually at the feast of Pentecost by way of of blench ferm, only. Besides, we, with the consent and advice of the foresaid, do wish and grant and, on behalf of ourselves and our successors, do decree and ordain that this present charter and infeftment are as valid, sufficient and efficacious, and of such robustness and efficacy in all respects and clauses set out below, in favour of the foresaid Master Alexander Lindsay, his heirs and assignees to the foresaid effect, as if they had been made and granted by us in our parliament with the express advice and consent of the three estates of our realm, and that with recognition of the case that the things mentioned above were done and carried out for the common good of the whole kingdom. Also, for greater security, we promise on our trust and word as king that we will lawfully approve and ratify this present charter of ours and infeftment in all its articles, clauses and circumstances as said is in our next parliament, with the advice and consent of the foresaid three estates of our realm, and also in the said parliament declare that, all and singly, the foresaid lands, lordships, baronies and the rest of the things enumerated above have been given and granted to the said Master Alexander and his foresaids in heritage to the greatest advantage to ourselves, our successors and the entire state, with recognition of the cause in the manner already stated. Further we promise that we will renew and remake this same charter and infeftment with dispositions and donations as mentioned above in our said following parliament, with the consent of the three estates of our realm, as necessity demands in favour of the foresaid Master Alexander Lindsay, his heirs and assignees in fuller form, regarding each single one of the foresaid lands, lordships, baronies and other things already mentioned in general, and also regarding each of the townships, lands, mills, fishings, woods and other things relating to them, in detail as seems good to them to insert in the foresaid new charter and infeftment to be completed in that regard, and to complete a sufficient dissolution of the same and of the combination of the foresaid from the general annexation of the foresaid in that part. In testimony of this we have instructed our great seal to be applied to this present charter of ours. Witnesses were our beloved kinsmen and councillors John [Hamilton], lord Hamilton, commendator of Arbroath, William [Douglas], earl of Angus, lord Douglas and Abernethy, etc., George [Keith], earl Marischal, lord Keith, etc., marischal of our kingdom, our beloved familiars and councillors Lord John Maitland of Thirlestane, knight, our chancellor and secretary, Walter [Stewart], commendator of Blantyre, keeper of our privy seal, Alexander Hay of Easter Kennet, clerk of our rolls of register and council, Sir Lewis Bellenden of Auchnoull, our justice clerk, and Master William Scott of Grangemuir, director of our chancellery. At Holyroodhouse on 6 May in the year of the Lord 1592, and in the twenty-third year of our reign.

Moreover, for the more security and causes above-written, our sovereign lord and estates foresaid, by the tenor hereof, expressly dissolve from the said annexation and patrimony of his highness's crown, all and sundry the said lands, baronies, annualrents, tenancies, feu ferms and all others above-mentioned specified in the said former infeftment so far as might have fallen under the said act of annexation, as well for making of the said former infeftment valuable and effectual as said is, as also to the effect the forenamed lands, baronies and others above-rehearsed therein contained may be of new alienated and conveyed heritably in manner and to the effect underwritten. Likewise our sovereign lord, with advice and consent of the forenamed estates, by the tenor hereof for the causes above-written, of new gives, grants and conveys to the said Alexander, lord Spynie, and Dame Jane Lyon, countess of Angus, his spouse, the longest liver of the two in conjunct fee, and to the heirs lawfully procreated or to be procreated between them, which failing to the nearest and lawful male heirs of the said Alexander, lord Spynie whatsoever and their assignees heritably, all and sundry the forenamed lands, baronies and others above-rehearsed specified in the said former infeftment, with free regality, chapel and chancellery within the whole bounds thereof and within the bounds of all other lands lying within the diocese of Moray wherever the bishops of Moray for the time, or any of them, had or exercised any privilege or jurisdiction of regalities of before in any time bygone, preceding the date of the said act of annexation, together with all other rights, privileges, powers, profits and commodities specified as well in particular as in general in the said former charter to be all united, annexed and incorporated. Likewise our sovereign lord, with advice foresaid, unites, annexes, creates and incorporates the same in a temporal lordship and barony called, and to be called in all time coming, the said lordship and barony of Spynie; and gives and grants to the said Alexander, lord Spynie and his foresaids the honour, estate, dignity and pre-eminence of a free lord of parliament, to be entitled lords of Spynie in all time coming, with all privileges belonging thereto, to be held of our sovereign lord and his successors in free heritage and in a free temporal lordship, barony and regality for ever, for yearly payment and doing of the service of a lord in parliament and of a knight, together with the sum of 100 merks money yearly at the feast of Whitsunday [May/June] in name of blench ferm only; and ordains as need be a new charter and infeftment to be made and granted thereupon under our said sovereign lord's great seal to the said Alexander, lord Spynie, his spouse above-nominated and their foresaids, to be extended in due and ample form with all clauses needful and to contain such other privileges and commodities therein as it shall please his majesty to convey therewith to them; which new infeftment so to be passed, his highness and estates above-mentioned decree and declare to be sufficient, valuable and effectual in all time coming; providing always, likewise our sovereign and estates above-mentioned by this act decree and declare, that all the feu farmers and heritable tenants of the forenamed lands and others above-rehearsed, their heirs, assignees and successors shall hold as much thereof as is contained in every one of their infeftments in all time coming of the said Alexander, lord Spynie and his foresaids immediately in manner therein contained. And in case it shall happen (as God forbid) any crime, deed or offence to be committed by the said Alexander, lord Spynie or his foresaids, which may make them to be deprived of their heritable right of the said lands, tenancies and others above-rehearsed, or whereby the same or any part thereof may return and appertain to our said sovereign lord or his successors; then, and in that case, find, decree and declare that the same shall infer no hurt, prejudice nor damage to the said feuars and heritable tenants, nor to their foresaids, neither to their said infeftments and contents thereof in all or in part, but in that case they and every one of them, now as then and then as now ipso facto, without any declarator, are and shall be reputed immediate tenants to our said sovereign lord and his successors, and to hold of them immediately thereafter the lands and others above-mentioned contained in their infeftments as freely and in such manner as they held the same of the bishops of Moray for the time before the said annexation.