[1593/4/38]¹

²Regarding new infeftments with right of patronage

Our sovereign lord and estates of this present parliament considering how his highness has been greatly circumvented in granting of new infeftments to sundry persons of their lands, including therewith by their inopportune suit the advocation, donation and right of patronage of diverse kirks and benefices which never pertained to them of before but to his majesty's presentation, specially where the persons provided thereto are yet alive and the right of the patronage of their benefice purchased and taken during their lifetime without their consent or knowledge, tending thereby to appropriate the fruits of the said benefices when so many shall become vacant to their particular uses, not only to the great hurt of his highness and prejudice of the kirk, whereby all convenient occasion is abstracted from his highness to gratify qualified persons who have travelled and are able to serve the function of the ministry and preaching of the evangel, but also to the great hazard and danger of the persons provided to the said benefices yet alive; for remedy whereof, our sovereign lord and estates foresaid have statute and ordained and by the tenor hereof decrees and declares all such infeftments granted in times bygone, or to be granted in times coming by his highness containing the gift and disposition of the right of any patronage, advocation and donation of benefice which pertained of before to his highness's gift and presentation whereof the beneficed person was for the time or shall happen to be alive the time of the granting of the said infeftment and their consent not had and obtained thereto, has been from the beginning and shall be in all time coming null and of no value, force nor effect so far as concerns the disposition of the right of the patronage of the said kirks except further process or declarator of any judge to be given thereupon; and the said advocation, donation and right of patronage of the said benefices to return to his highness and at his highness's disposition and presentation freely as the same was before the granting of this said infeftment and as if the said infeftments had never been granted, without prejudice always of the said infeftments regarding the remaining lands therein contained, which shall remain in the own strength and effect, and this nullity to be received summarily by way of exception, reply or objection, discharging all judges within this realm to grant any process upon the right of the said patronage by virtue of the said infeftments, but to hold the same as not expressed therein, providing that so soon as the beneficed man's own consent may be had and obtained to the said infeftments, the same to be as sufficient and effectual as if their consent had been obtained thereto from the beginning, reserving always to the king's majesty liberty to except such out of this act as he shall deliver to the clerk register within eight days after the date hereof. According to the which reservation, his majesty excepted from the said act the infeftments granted by his highness to the persons after-following containing advocation, donation and right of patronage of the kirks, benefices and chaplainries after-specified, that is to say to Walter [Stewart], prior of Blantyre, keeper of the privy seal in favour and to the benefit of Ludovic [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny, the advocation, donation and right of patronage of all and sundry kirks, parsonages and vicarages belonging and pertaining to the archbishopric of Glasgow; as also the advocation, donation and right of patronage of all and sundry kirks, parsonages and vicarages belonging and pertaining to the archbishopric and priory of St Andrews given, granted and conveyed by his majesty to his dearest cousin Ludovic, duke of Lennox etc., his heirs and assignees mentioned in the infeftment made to him thereupon; to John [Stewart], lord Innermeath of the advocation and donation of the parish kirk of Muckersie; to Andrew [Stewart], lord Stewart of Ochiltree of the infeftment of the lands of Ochiltree and Earlston, with the advocation and donation of the parsonages and vicarages therein contained; to John [Maitland], lord Thirlestane, chancellor of this realm, of the infeftments of the lordship of Dunbar, the baronies of Eddleston and Stobo, with the advocation and donation of the benefices, chaplainries and others contained in the infeftments granted by his highness to the said lord chancellor thereupon; to the late James [Sinclair], master of Sinclair and his heirs of the advocation and donation of the parsonage and vicarage of Dysart; to Alexander [Lindsay], lord Spynie of the lands, lordship and barony of Spynie, with the advocation, donation and right of patronage of the kirks, parsonages, vicarages and chaplainries therein contained; to Sir Robert Melville of Murdocairnie, knight, treasurer depute, of the advocation, donation and right of patronage of the kirk of Monimail, parsonage and vicarage thereof; to Sir John Cockburn of Ormiston, knight, justice clerk, the right of the patronage of the parish kirk of Ormiston, now annexed to the barony of Ormiston; to Sir William Keith of Delny, knight, of the lands and barony of Delny, with the advocation, donation and right of patronage of the kirks, parsonages, vicarages and chaplainries therein contained; to John Livingstone, younger, of Dunipace of the lands and barony of Craigs, with the advocation and donation of the right of patronage of the kirks of Stracathro, Buttergill and Kilmoir; to Sir Patrick Vans of Barnbarroch, knight, of the lands and barony of Barnbarroch, lying within the sheriffdom of Wigtown, with the advocation, donation and right of patronage of the kirks of Kirkinner, Kirkcowan, Cammanell and Wigtown; to Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, in liferent, and to Master David MacGill, younger, of the lands and barony of Cranstoun-Riddel, with annex, connex thereof, lying within the sheriffdom of Edinburgh and constabulary of Haddington, with advocation, donation and right of patronage of the parsonage and vicarage of the same; to John Stewart, sheriff of Bute, of the advocation, donation and right of patronage of the parsonage and vicarage of Rothesay; to Sir Walter Ogilvie of Findlater, knight, of the advocation, donation and right of patronage of the parish kirk of Fordyce and pendicles thereof; to Sir David Lindsay of Edzell, knight, of the advocation, donation and right of patronage of the parish kirks of Edzell, Ferne and Newdosk; to John Hay of Urie of the advocation, donation and right of patronage of the parish kirk of Crimond; to Alexander Fraser of Philorth of the advocation and right of patronage of the kirks of Tyrie and Rathen; and to Patrick Mowat of Balquholly the advocation, donation and right of patronage of the kirks of Canisbay, parsonage and vicarage thereof, together with the advocation, donation and right of patronage of the parsonage of Olrig to George Sinclair of Mey; all which before excepted his highness declares shall not be comprehended under the said act.