[1594/4/64]¹

Act in favour of [Master Robert Douglas], provost of Lincluden, collector

Our sovereign lord and estates of this present parliament, understanding that the gift, assignation and disposition of the surplus of the third of the priory of Whithorn made by his highness to his trusty and well-beloved councillor Master Robert Douglas, provost of Lincluden, collector general, was granted to him for most just and reasonable causes, namely: for payment of his overspend resting owed to him at the foot of his accounts of the collectory and treasury of augmentations, extending to the sum of £8,020 12s 7d, which rests chiefly upon his furnishing made for the provision of his highness's house, as the same at more length bears; therefore his highness and estates ratify and approve the said gift, assignation and disposition of the surplus of the said third of the priory of Whithorn in all the points, articles, clauses, conditions and provisions therein contained, and declares the same not to be comprehended under the act made in the month of February 1587 [1588] and ratified thereafter in parliament regarding the annulling of all gifts of the thirds, in respect the same is made for his highness's furnishing, which is one of the ends mentioned in the said act where to the said thirds are destined and appointed, but to be a good, sufficient and valid title and right to the said Master Robert, his heirs and assignees for possessing and enjoying of the said surplus in all respects after the form and tenor thereof. And seeing his entry in and to the said surplus is conferred to such time as the said Master Robert ceases to be collector general of the said thirds by his death or otherwise, in respect the same is assigned to him for his ordinary fee of the collectory yearly; likewise also he has advanced and disbursed since the making of his last accounts of the collectory and treasury of augmentations, and is daily burdened and charged with the advancement of great sums of money to his highness and furnishing of his house, which makes the said overspend daily grow and increase, therefore his highness and estates ratify and approve the said assignation of the surplus foresaid to him by the lords auditors of the exchequer for the yearly payment of his fee of the said office of collectory of all years and terms bygone since the date thereof and likewise yearly in time coming during his continuance in the said office of collectory; ordaining the lords auditors of the same to allow the same yearly to him in his fee for so much and according to the same prices as was allowed to him in his last account of the thirds, and declaring the said assignation of the said surplus for his yearly fee during his said office in no way to be prejudicial or to make any derogation to the said gift and disposition of the said surplus made and granted to him, his heirs and assignees in satisfaction and payment of his overspend foresaid; but the gift to be valid, sufficient and effectual in the self to him, his heirs and assignees, notwithstanding of the suspension of the entry thereto until the sasine of his said office in manner above-specified, as if he had apprehended real and actual possession of the said surplus by virtue of the said gift, at the day and date hereof. In addition, his majesty and estates foresaid give, grant and convey to the said Master Robert, his heirs and assignees the said surplus of the third of the money and victual of the said priory of Whithorn, extending to the quantity above-rehearsed, not only in payment and satisfaction of his said overspend extending to the sum of £8,020 12s 7d foresaid, which are found resting owed to him at the foot of his said last account as said is, but also in payment and satisfaction of all and whatsoever other sums of money wherein he shall happen to be found overspent in any time coming in his said accounts of his said offices of collectory of the thirds and treasury of new augmentations, so that the said Master Robert, his heirs and assignees shall peaceably hold, enjoy, uplift and intromit with the said surplus, both money and victuals thereof, of all years and terms following his entry foresaid in and to the said gift until he and they be completely satisfied and paid of all and whatsoever sums of money which shall happen to be resting owed to him at the foot of his said accounts of the collectory and treasury foresaid, providing always that the same be not allowed to him in payment of his said overspend until he ceases to be collector general by death or otherwise in manner specified in the said former gift.