[1600/11/18]¹

²Act in favour of Sir Hugh Herries regarding his pension of 20 chalders of victual

Forasmuch as it is understood by his majesty and estates of this present parliament that Dame Dorothy Stewart, widow of the late William [Ruthven], earl of Gowrie, is in present possession of all and whole the town, lands and barony of Cousland, with the pertinents, lying within the sheriffdom of Edinburgh, through which the heritable infeftment made thereof by his majesty, with consent of the said estates, to his familiar and domestic servant Sir Hugh Herries, gentleman of his highness's chamber, cannot presently take effect in his person until the quality of her right be tried by the law; therefore, his majesty, respecting the late worthy and notable service done by the said Sir Hugh in defence and preservation of his majesty's life against the abominable treason conspired and attempted by the late John [Ruthven], sometime earl of Gowrie, and the late Master Alexander Ruthven, his brother, against his majesty's most noble person and life upon 5 August last within the said sometime earl's own great lodging in the town of Perth, and willing to gratify the said Sir Hugh, his heirs and assignees with the yearly pension underwritten out of his highness property until the said infeftment of the said lands and barony of Cousland may take full effect by possession in their persons, either by decease of the said Dame Dorothy Stewart or by the eviction of the same lands and barony of Cousland from her by the law, with advice and consent of this present parliament, gives, grants and conveys to the said Sir Hugh, his heirs and assignees a yearly pension of 20 chalders of victual thereof, 10 chalders, 10 bolls of barley and 9 chalders, 6 bolls of meal to be yearly uplifted and taken by the said Sir Hugh and his foresaids out of the best and readiest payment of the whole fruits, rents, mails, ferms, kanes, customs and other duties whatsoever of the lands and lordship of Scone and Gowrie, his first entry thereto to be and begin in this instant crop and year of God 1600 and so forth yearly during the space foresaid. And for the more sure payment thereof his majesty, with consent foresaid, specially assigns and conveys to the said Sir Hugh, his heirs and assignees the ferms and duties of the particular lands after-specified, namely: 13 bolls, 2 firlots of barley, 20 bolls of meal out of the lands of Blair pertaining to George Drummond of Blair; 4 bolls of meal, 4 bolls, 2 firlots of barley out of the said lands of Blair possessed by [...], widow of the late David Nairn in Blair; 6 bolls of barley, 14 bolls of meal out of the lands of Little Blair pertaining to Andrew Herring of Little Blair; 33 bolls of barley out of the lands of Clevin pertaining to William Ogilvie of Clevin; 6 bolls of barley, 10 bolls of meal out of the lands of Friarton pertaining to Andrew and Alexander Blair of Friarton; 5 bolls of barley out of the lands of Polkmyln possessed by William Brown there; 4 bolls of barley out of the lands of Bonhard pertaining to Adam Hepburn of Bonhard; 8 bolls, 1 firlot of barley, 10 bolls, 2 firlots of meal out of the lands of Balformok pertaining to Robert Graham of Balformok; 8 bolls of barley, 10 bolls of meal out of the lands of Arnbathie pertaining to Patrick Lindsay of Arnbathie; 2 bolls of barley, 4 bolls of meal out of the lands of Spoutwallis³ pertaining to John Rattray of Spoutwallis; 17 bolls of meal out of the lands of Ewelyk pertaining to John Lindsay of Ewelyk; 2 bolls, 2 firlots of barley, 6 bolls, 2 firlots of meal out of the lands of Boghall possessed by John Lindsay; 4 bolls of barley, 10 bolls of meal out of the lands of Gairdrum possessed by John Chalmers there; 26 bolls, 1 firlot, 1 peck of barley, 8 bolls of meal out of the lands of Clein possessed by Andrew Simm there; 14 bolls of barley and 8 bolls meal out of the said lands of Clein possessed by John Ogilvie there; 2 bolls of barley, 10 bolls of meal out of the lands of Nether Collave possessed by James Kinross and [...], widow of the late John Wallace there; 36 bolls of barley out of the said lands of Nether Collave possessed by Laurence Drummond there; 13 bolls of barley out of the lands of Clein possessed by John Little there [...] [...],⁴ extending in the whole to the said 20 chalders of victual above-specified. And in special warrandice of the said pension giving and conveying to the said Sir Hugh, his heirs and assignees foresaid all and sundry the feu ferms and duties of the lands respectively after-specified, being a part of his highness's property, that is to say the feu ferms of the lands and barony of Largo, extending yearly to 5 chalders of oats, 3 chalders, 8 bolls of barley and a chalder, 10 bolls of wheat; the feu ferms of the lands of Ardeth, extending yearly to 4 chalders, 4 bolls of barley and 3 chalders, 4 bolls of wheat; and the feu ferms of the lands of Rathillet, with their pertinents, extending yearly to 2 chalders, 4 bolls of barley and 10 bolls of wheat; and that in special warrandice and security of the principal pension foresaid so that if it shall happen the said Sir Hugh or his foresaids to be troubled, deprived or molested in the peaceable possessing and enjoying thereof or the same to be evicted from them by restitution of the said sometime earl, reduction of his forfeiture or by whatsoever other manner of way, that then and in that case the said Sir Hugh and his foresaids shall have as often full and free regress, ingress and access in and to all and sundry the said feu ferms of the said lands of Largo, Ardeth and Rathillet, with their pertinents, given in warrandice foresaid, to be possessed and enjoyed by them until they may peaceably and freely possess the said principal pension, without troubling as said is, and ordains the said Sir Hugh and his foresaids to be thankfully answered and obeyed of the said pension of this present crop and year of God 1600 instant and also yearly in time coming during the space foresaid. And seeing the said pension is granted for great, evident and reasonable causes of the realm, therefore his majesty and estates foresaid decree and declare that the annexation of the said lands to the crown shall be no cause of annulling or reduction of the said pension nor that the same in any way falls nor shall fall under his majesty's revocations, special nor general, nor shall in any way be comprehended under the same nor any other laws or acts of parliament made or to be made relating thereto in time coming, annulling all pensions out of his highness's property or annexed lands, with the which acts of parliament, both general and special, which may be prejudicial in any way to this present gift and pension, his highness, with advice and consent foresaid, expressly dispenses and makes express derogation thereto by the authority of this present act in such sort that the said Sir Hugh, his heirs and assignees shall possess and enjoy peaceably the said pension of 20 chalders of victual during the space foresaid without any trouble or impediment to be made to them, therein discharging [Sir David Murray of Gospertie], his highness's comptroller, and [Master John Preston of Penicuik], his collector, and all their officers present and to come of all troubling, pursuing, charging, poinding or molesting of the said Sir Hugh, his heirs and assignees in the peaceable holding, enjoying and possessing of the said pension or of the feuars, farmers, tenants, tacksmen and other possessors of the said lands due in payment thereof during the space above-mentioned; and also commanding the lords auditors of his highness's exchequer to allow the said yearly pension to the said Sir Hugh and his foresaids and also charging the lords of his highness's session to grant and direct letters of horning and poinding at the said Sir Hugh's instance charging the said feuars, tenants, farmers, tacksmen and possessors of the said lands to answer, obey and make thankful payment to the said Sir Hugh and his foresaids of all and sundry the said ferms and duties of the said lands of the said crop and year of God 1600 and also yearly in time coming during the space foresaid upon a simple charge of 10 days only. Moreover, our sovereign lord, with advice foresaid, finds and declares that the act of dissolution shall be extended to this present pension during the space thereof foresaid, providing always that as soon as it shall happen the said Sir Hugh, his heirs and assignees to recover and enjoy the peaceable possession of all and whole the said lands and barony of Cousland and teinds thereof and others specified in his infeftment by the decease of the said Dame Dorothy Stewart or otherwise by the order of law, that then and in that case this present letter of pension shall cease and expire in the self; and likewise providing that this present gift and pension shall in no way be prejudicial to the said Sir Hugh's infeftment of the said lands and barony of Cousland and others specified therein, as well principal as warrandice, and for the said Sir Hugh's better security of the premises, his majesty, with advice foresaid, ordains if need be a letter of pension to be made by his highness and his comptroller and his collector and all other officers whom it pertains under the privy seal in due form, giving, granting and conveying to the said Sir Hugh and his foresaids all and whole the said yearly pension of 20 chalders of victual, containing the special assignation thereof above-written with all the rest of the provisions and conditions above-specified and that the said letter be extended in the best form with all clauses needful.