[1593/4/61]¹

²Act in favour of [David Cunningham], bishop of Aberdeen regarding the temporal lands thereof

Our sovereign lord and estates of this present parliament, considering that it is specially provided in the parliament held in the month of [...] the year of God 1587 that all prelates and beneficed persons within this realm should in no way be hurt nor prejudiced in the yearly rent, commodity and profit of livings and benefices by the act of annexation of kirklands to the crown, but that they should hold, enjoy and possess the same freely and peaceably during their lifetimes until they should be sufficiently recompensed thereof, notwithstanding the said act of annexation; according to the which, his highness, understanding that David, bishop of Aberdeen could in no way be satisfied for the temporality of the said bishopric but by the assignation and disposition of one part of the fruits thereof, whereof the said bishop was in possession of before, all the rest of the said bishopric being exhausted by a great number of pensions granted by his predecessors out of the same of before, therefore gave, granted and conveyed to the said David, bishop of Aberdeen during his lifetime a part of the feu mails of the patrimony of the said bishopric not exceeding the sum of £400 in compensation and satisfaction of his said temporality, with a special immunity from the payment of all thirds and taxations imposed or to be imposed upon the said benefice, as at more length is contained in the letters of gift made and granted to him of the date 13 December the year of God 1590. And now his highness and estates of this present parliament remembering the good services and offices done by the said David, bishop foresaid, in the public affairs of the kirk and common wealth of this country, his earnest and diligent travails sustained by him in the office of ministry at the new and old towns of Aberdeen, and also considering that the whole rents and patrimony of the said bishopric consists in the temporal mails thereof, except the half teinds of the Newton of Aberdeen set for the yearly payment of £40, and therefore that the said David, bishop foresaid, be in no way prejudiced in his patrimony or casualties of the said bishopric during his lifetime, but that he be sufficiently satisfied according to the meaning and intention of the said act of annexation and provision therein contained made in favour of the prelates and other beneficed persons, have ratified and approved and by this act ratifies and approves the said letter of gift of the date foresaid made and granted under his highness's privy seal to the said David, bishop of Aberdeen of a part of the feu mails of the same bishopric, extending to the sum of £400 as said is, with the whole clauses, immunities, privileges, provisions and conditions therein specified, which shall be as sufficient as if the same was inserted here word by word. And for his further satisfaction of the temporality of the said benefice, his majesty and estates foresaid declare and ordain all and whatsoever tacks and pensions given out of said bishopric of old, to whatsoever person or persons which has become vacant, are vacant or shall happen to become vacant during his lifetime by forfeiture, demission, resignation, rebellion and lying at the horn above the space of a year and a day, or by whatsoever other manner of way in his highness's hands, to have pertained and to pertain in all times coming enduring the space foresaid to the said David, bishop of Aberdeen, and to return and accrue to him as a part of the patrimony of the said benefice to be held and enjoyed by him during all the days of his lifetime likewise and as freely as the said pensioners, tacksmen and other possessors thereof held and possessed the same of before; with full power to him to uplift, receive and intromit with the same, and to charge the tenants, feuars and others indebted in payment thereof to answer, obey and make him thankful payment of the same by virtue of his old letters raised upon his provision and otherwise as he shall think expedient. And because the present rent of the said benefice is so mean and sober in the self that the same is not able to sustain his family and particular charge foresaid, and much more insufficient to bear out his public charges in the common affairs wherein he is orderly employed in parliament and otherwise, which public charges was for the most part sustained and borne out by his predecessors upon the casualties and superiority of the said bishopric, which is of little value and commodity to his highness and whereof his majesty has imported no commodity nor profit as yet in respect of the smallness of the tenancies of the said bishopric, conveyed to a multitude of persons dwelling far of what by reason of the little value of their lands and of the great dearth of new infeftments to be purchased from his majesty and entry by his highness's chancellery may not conveniently resort thereto; therefore his majesty and estates foresaid give, grant and convey to the said David, bishop of Aberdeen during the space foresaid full power and commission to enter and receive the free tenants and feuars of the said bishopric and to grant infeftments to them or any of them upon their own resignation, with all and sundry grassums and compositions for the same and entres silver, in all and by all things as he was accustomed to have the same of before the making of the said act of annexation. Which entres and infeftments foresaid granted to the said feuars or any of them being duly made and perfected by the said David, bishop of Aberdeen under his own seal and seal of the chapter thereof, his majesty and estates foresaid declare to be as sufficient in all respects as if they were entered by brieves out of the chancellery, or as if the same were made and granted under his highness's great seal, discharging the collector general and treasurer of the new augmentations of all troubling or molesting of the said David, bishop of Aberdeen in the peaceable possession of the said feu mails assigned to him in his said gift, and of whatsoever pensions vacant or which shall happen to become vacant as said is, and of all entering of the said tenants and feuars of the bishopric of Aberdeen, or receiving of the compositions thereof and ordaining the lords of session to grant and direct letters at his instance to this effect in the appropriate form.