[1600/11/69]¹

²Act in favour of the feuars of the lands lying within the earldom of Fife

Regarding the supplication given in to our sovereign lord and estates of parliament by Master James MacGill of Nether Rankeilour, heritable feu farmer and immediate tenant to his majesty of the lands of Old Lindores, for the yearly payment of 24 bolls of oats, £40 money, 64 poultry and 32 capons; Michael Balfour of Denmilne, heritable feu farmer and immediate tenant of the lands of Denmilne, with the mill, mill lands and sucken thereof, for the yearly payment of 10 merks and 12 capons; Andrew [Leslie], earl of Rothes, heritable feu farmer and immediate tenant of the lands of Parkhill, for the yearly payment of £10 6s 8d money; Henry Bonnar, heritable feu farmer and immediate tenant of Lumquhat Mill, mill lands and sucken thereof, for the yearly payment of £7 13s 4d money and 12 capons; Sir James Melville of Halhill, knight, heritable feu farmer and immediate tenant of the lands of Halhill and Muirfield, for the yearly payment of 12 bolls of oats, £19 6s 8d money and 24 poultry; James Scott of Abbotshall and remaining portioners of the lands of Kinloch and mill thereof, heritable feu farmers and immediate tenants of the same lands and mill, for the yearly payment of £40 money, 33 poultry and 22 capons; John Arnott, heritable feu farmer and immediate tenant of the lands of Woodmill, with the mill, mill lands, multures and sucken thereof, for the yearly payment of 46 merks; David Balfour of Inchrye, heritable feu farmer and immediate tenant of the lands of Inchrye, for the yearly payment of 16 merks; Andrew Ayton, heritable feu farmer and immediate tenant of the lands of Nether Denmuir, for the yearly payment of £29 money; Robert Paterson, life-renter, and Andrew Paterson, fiar, heritable feu farmers and immediate tenants of the lands of Over Denmuir, for the yearly payment of £14 money, 2 chalders of oats and 24 capons, all lying within the earldom of Fife in that portion thereof called Lindores quarter; Andrew Wood of Largo, heritable feu farmer and immediate tenant of the lands of Largo, brewlands and cottage lands thereof, with the mill, mill lands and coal pits of the same, for the yearly payment of 3 and a half chalders of barley, 26 bolls of wheat, 5 chalders of oats, 2 bolls of meal and £21 5s money; and also the said Andrew, heritable feu farmer and immediate tenant of the lands of Shiremuir, with coal and coal pits thereof, for the yearly payment of 8 merks; Patrick Hunter, heritable feu farmer and immediate tenant of the half lands of Newton of Rires, and David Nairn, heritable feu farmer and immediate tenant of the other half of the said lands, for the yearly payment for the said whole lands of Newton of Rires of 25 bolls of barley, 20 bolls of wheat, £25 3s 4d money, 24 capons and 48 poultry; Master James Beaton of Creich, heritable feu farmer and immediate tenant of the lands of Nether Rires, for the yearly payment of 2 chalders, 8 bolls of oats, 20 bolls of barley, £6 money and 12 capons; John Lindsay, heritable feu farmer and immediate tenant of the lands of Balcarres, for the yearly payment of 21 bolls, 6 pecks of wheat, 40 bolls, 3 firlots of barley, £26 14s money, 48 capons and 48 poultry; William Lyall, Martin Corstorphine and remaining portioners of the town and lands of Kingsbarns, heritable feu farmers and immediate tenants of the same town and lands of Kingsbarns, for the yearly payment of 9 chalders of wheat, 11 chalders of barley, £40 money and 100 capons, all lying within the said earldom of Fife in that portion thereof commonly called Largo quarter; William Learmonth, apparent heir of Dairsie, Thomas Walker and remaining portioners of the town and lands of Dron, with the mill, mill lands and sucken thereof, heritable feu farmers and immediate tenants of the same town and lands of Dron with the mill, mill lands and sucken thereof, for the yearly payment of 2 chalders, 8 bolls of wheat, 50 bolls of barley, £28 3s 4d money and 48 capons; David Leitch and Master Patrick Balfour of Pitcullo, portioners of Moonzie, mill, mill lands and sucken thereof, heritable feu farmers and immediate tenants of the same mill, mill lands and sucken thereof, for the yearly payment of 20 merks and 16 capons; David Inglis and remaining portioners of the town and lands of Ardeth, heritable feu farmers and immediate tenants of the same town lands of Ardeth, for the yearly payment of 4 chalders, 4 bolls of barley, 52 bolls of wheat, £28 money, 8 capons and 60 poultry; David [Lindsay], earl of Crawford, heritable feu farmer and immediate tenant of the lands of Rathillet, with the mill, multures and sucken thereof, for the yearly payment of 36 bolls of barley, 30 bolls of wheat, 48 capons, 24 poultry and £40 money; Sir Robert Melville, heritable feu farmer³ and immediate tenant of the lands of Cairnie, for the yearly payment of 20 bolls of wheat, 24 bolls of barley, 40 merks, 24 capons and 24 poultry; Andrew Paterson and remaining portioners of the town and lands of Luthrie, with the mill, multures and sucken thereof, heritable feu farmers and immediate tenants of the same town and lands, with the mill, multures and sucken thereof, for the yearly payment of £80 money; Sir Michael Balfour of Balgarvie, knight, heritable feu farmer and immediate tenant of the lands of Star and of the lands of Balgarvie, for the yearly payment for the said lands of Star of 2 chalders of barley, 6 pecks less, 28 bolls, 10 pecks of wheat, 48 poultry, 24 capons and £10 money, and for the said lands of Balgarvie, £18 money; Robert Durie of that Ilk, heritable feu farmer and immediate tenant of the lands of Thomaston, for the yearly payment of £28 money; James Turpie and remaining portioners of the town and lands of Ballomill, with the mill, mill lands, multures and sucken thereof, heritable feu farmers and immediate tenants of the same town and lands of Ballomill, with the mill, mill lands, multures and sucken thereof, for the yearly payment of £10 money, 24 poultry and 12 capons; John Auchmuty, heritable feu farmer and immediate tenant of the lands of Easter Fernie, for the yearly payment of 40 bolls of barley, 30 bolls of wheat, 48 poultry, 18 capons and £20 money; Walter Heriot of Ramornie, heritable feu farmer and immediate tenant of the lands of Ramornie, Lawfield and mill thereof, for the yearly payment of £22 money; James Anderson, David Lucklaw and remaining portioners of the lands and acres of Ferryfield and Bonfield, heritable feu farmers and immediate tenants of the same lands and acres of Ferryfield and Bonfield, for the yearly payment of 40 merks; provost, bailies and council of the burgh of Cupar, heritable feu farmers and immediate tenants of Russell Mill, parks and wards thereof, for the yearly payment of £10 money, all lying within the said earldom of Fife in that portion thereof commonly called Eden quarter; William Bonnar of Rossie, heritable feu farmer and immediate tenant of the lands of Easter Rossie, for the yearly payment of 19 merks, a chalder of wheat, two chalders, eight bolls of barley, 10 bolls of oats and 24 capons; James Scrimgeour of the Myres, John Bonnar and Thomas Hardy, portioners of the lands of Wester Rossie, heritable feu farmers and immediate tenants of the same lands of Wester Rossie, for the yearly payment of £24 money; the said James Scrimgeour of the Myres, heritable feu farmer and immediate tenant of the Meadows of Auchtermuchty, for the yearly payment of £5 7s 8d; John Robertson, James Maxwell, James Miller and remaining portioners of Auchtermuchty, heritable feu farmers and immediate tenants of the town, lands, mill, mill lands and cottages of Auchtermuchty, for the yearly payment of 10 chalders, 2 bolls of barley, 5 chalders, 11 bolls of wheat, 6 chalders of oats, 50 geese, 24 capons, 200 poultry; Sir James Scott of Balwearie, knight, heritable feu farmer and immediate tenant of the lands of Strathmiglo, with the mill west⁴ thereof and of the lands of Easter Cash, for the yearly payment for the said lands of Strathmiglo and west mill thereof, of 16 merks and 24 poultry, and for the said lands of Easter Cash 4 chalders of oats, 40 bolls of barley, £24 money, 72 poultry, 16 capons, 12 geese; Andrew Coulter and remaining portioners of the town lands of Newton of Balcanquhal, heritable feu farmers and immediate tenants of the same town and lands of Newton of Balcanquhal, for the yearly payment of 40 bolls of oats, £5 money and 18 poultry; the said James Scrimgeour of the Myres, heritable proprietor and possessor of the lands of Over and Nether Myres, whereof the just and true rental extends to £10 money yearly, which sum of £10 is, and has been, possessed by him and his predecessors and allowed in the exchequer accounts past memory of man for the service of the office of macer and serjeant of arms pertaining to the said James and his predecessors, heritably held of our sovereign lord and his predecessors; Walter Mawer, writer, heritable feu farmer and immediate tenant of the lands of Wester Kilwhiss, for the yearly payment of £8 money; the said Master James Beaton of Creich, heritable feu farmer and immediate tenant of the lands of Urquhart, for the yearly payment of £18 money, all lying within the said earldom of Fife in the portion thereof commonly called Auchtermuchty quarter; Robert Arnott and remaining portioners of Newton of Falkland, heritable feu farmers and immediate tenants of the town and lands of Newton of Falkland, for the yearly payment of five chalders of oats, 40 bolls of barley, £16 money, 48 poultry and 8 geese; John Cooper and remaining portioners of Freuchie, heritable feu farmers and immediate tenants of the town and lands of Freuchie, for the yearly payment of 3 chalders of barley, 3 chalders, 6 bolls of oats, £16 money, 48 poultry and 8 geese; Henry Pitcairn of that Ilk, heritable feu farmer and immediate tenant of the mill of Freuchie, with the mill lands, multures and sucken thereof, for the yearly payment of 26 bolls, 10 pecks of barley, £4 money and 24 capons; David Rymer and remaining portioners of Kingskettle, heritable feu farmers and immediate tenants of the town and lands of Kingskettle, for the yearly payment of 4 chalders, 2 bolls, 2 firlots of oats, 2 chalders, 1 boll, 1 firlot of barley, 20 merks money, 36 poultry and 8 geese; George Mowtrar⁵ of Seafield, heritable feu farmer and immediate tenant of the town lands of the Newton of Markinch, for the yearly payment of £10; James Colville of Easter Wemyss, heritable feu farmer and immediate tenant of the lands of Cameron, for the yearly payment of 10 bolls of barley, 20 bolls of oats and £8 money; the said Andrew Wood of Largo, heritable feu farmer and immediate tenant of the mill called King's Mill, mill lands, multures and sucken thereof, and of the lands of Balbrekie, Auldhall, coal and coal pits thereof for the yearly payment for the said King's Mill, mill lands, multures and sucken thereof, of £8 10s money and 36 capons, and for the said lands of Balbrekie 20 bolls of barley, 40 bolls of oats, £10 money and 24 capons; James Clerk of Balbirnie, heritable feu farmer and immediate tenant of the lands of Ballenkirk, for the yearly payment of £10 3s 4d money; the said John Bonnar, heritable feu farmer and immediate tenant of the lands of Drumtenant, for the yearly payment of 40 bolls of oats, 20 bolls of barley, £10 3s 4d money and 18 poultry; the said Walter Mawer, heritable feu farmer and immediate tenant of the lands of Wester Kilwhiss, for the yearly payment of £8 money of this realm at two terms, Whitsunday [May/June] and Martinmas [11 November], all lying within the said earldom of Fife in that portion thereof commonly called Falkland quarter; against Master John Skene [of Curriehill], clerk register, Sir David Murray of Gospertie, knight, comptroller to our sovereign lord, and Master Thomas Hamilton of Drumcairnie, his highness's advocate for his majesty's interest in the matter underwritten, making mention that where the said pursuers and their predecessors and authors respectively are and have been duly rentalled, infeft and seised in all and sundry the foresaid lands, mills and others above-expressed, each one of them for their own parts and portions, for the yearly payment of the particular duties above-expressed contained in the infeftments and rentals made to them, their predecessors and authors thereupon past memory of man. And the forenamed persons and their predecessors and authors, by virtue of their infeftments, rentals and titles made and granted to them of the said lands, mills and others foresaid, have been ever in use and custom of payment of the particular duties above-expressed for the same only; and the said yearly duties particularly above-mentioned and no further has ever been received from them, their predecessors and authors upon account in exchequer, charge and discharge made thereof without any manner of contradiction, obstacle or impediment in any time bygone until now lately that Sir David Murray of Gospertie, knight, comptroller to our sovereign lord, and Master Thomas Hamilton of Drumcairnie, his majesty's advocate, in his highness's name, have moved question against the said pursuers, at the least against a great part of them, by way of removing to have heard them discerned to remove from the said lands and thereby to impugn their heritable infeftments of the same as if the said infeftments had been granted to them, their predecessors and authors by our sovereign lord and his highness's progenitors in alleged diminution of the old rental, taking their pretended ground and fundament of the said pretended pursuit from certain alleged higher and greater rentals allegedly contained in the comptroller's or rental books or in the accounts or rolls of the exchequer in the year of God 1487 in the days of the late King James III of most worthy memory and certain other times, albeit true it is that the said pretended greater and higher rentals were never acknowledged by the forenamed feuars, nor their predecessors, nor authors, nor any payment made according thereto to our said sovereign lord, nor to his highness's predecessors, comptrollers, chamberlains nor others, and the greatest part of the accounts made in the said year of God 1487 inclusive to the year of God 1499 inclusive expressly bear that the accountant charged him by actual and real payment of the duties contained in the infeftments and rentals made to the said persons, their predecessors and authors of the lands and others foresaid, as is particularly before rehearsed; and the said accountant took his discharge and exoneration of that thing with which he charged himself and was not actually paid by reason that he was charged therewith superfluously without any reason. Likewise King James IV of most worthy memory, thereafter having truly considered that matter, he in the said year of God 1499 discharged the said pretended new greater and higher rental and took him to the old rental which was accustomed to be paid of before for the said lands, extending to the particular duty above-expressed, according to the which infeftments and rentals made to the said pursuers, their predecessors and authors respectively of the foresaid lands and others above-mentioned, they and their said predecessors and authors have possessed the same lands for their own parts particularly and have made payment of the particular duties foresaid for the same⁶ thankfully without any other exaction during the perfect ages of four several princes, namely: of our sovereign lord's dearest great-grandfather, King James IV, his majesty's dearest grandfather, King James V, [Mary], his highness's dearest mother, and his grace's self, whom God preserve, from the year of God 1502 inclusive to this present day. Likewise our said sovereign lord and his majesty's predecessors, comptrollers, chamberlains and factors have yearly and continually during the said space made their accounts in the exchequer and only charged and discharged themselves according to the particular duties foresaid mentioned in the said infeftments only, whereby the said old and just rental which was continually accustomed to be paid and contained in their said infeftments is ratified and approved in such sort as there is, nor cannot be any other true rental whereby the said pursuers' infeftments, titles or rights of the foresaid lands may be any way impugned. Likewise also some of the said infeftments being lately impugned at the instance of the said comptroller and advocate under pretext of the foresaid pretended greater and higher rental, the said comptroller and advocate were astricted to verify and prove that the said pretended greater and higher rental had taken full effect in so far as the comptroller or the chamberlain for the time had made their accounts by charge and discharge, by actual payment of the said pretended greater and higher rental, which was the only cause that sustained our sovereign lord's advocate's argument, and the same being admitted by the said advocate and comptroller's probation they failed in the said probation and therefore absolvitor was given in favour of some of the said tenants and feuars against our sovereign lord in diverse of the said pursuits, and specially in favour of Thomas Hardy, who was pursued by the said comptroller and advocate to have removed from a third part of the lands of Wester Rossie upon the alleged non-payment of the foresaid pretended greater and higher rental, who was by decreet and sentence pronounced by the lords of council and session in the appeals court upon 23 January 1600 absolved simply from the said petition in respect the said comptroller and advocate failed in proving of the answer, reply and triply made by them whereby they offered them to prove that the said pretended greater and higher rental had taken full effect by the comptroller or chamberlain's accounts made for the time by charge and discharge, by actual payment of the said pretended greater and higher rental as said is; wherein they failed and thereupon the said decreet absolvitor was given, and thereby in effect it was clearly found that the said pretended greater and higher rental whereof first mention was made in the said year of God 1487, nor any other greater nor higher rental made at any other time, was nor could not be any just rental but by the contrary of the first old rental particularly above-expressed, mentioned in the said rentals and infeftments continued ever in payment not only before the said year 1487, and from that year, but also continually since to this present day; and therefore it is most manifest that the said tenants and feuars are wrongfully and unjustly, against all law, right and conscience, molested and troubled by our sovereign lord's comptroller and advocate foresaid in his highness's name, seeing their infeftments can in no way be drawn in question, nor are in no way in peril, nor danger of law for alleged diminution of the rental. For the reasons and causes foresaid and regarding the warning made to the said Master John Skene, clerk register, the said Sir David Murray of Gospertie, knight, comptroller to our sovereign lord, and the said Master Thomas Hamilton of Drumcairnie, his highness's advocate, in his name for his majesty's interest, to have compeared before our said sovereign lord and lords of estates in this present parliament upon the morning after the charge, with continuation of days, bringing with them all and sundry higher and greater rentals, accounts and rolls of exchequer whatsoever containing any greater or higher duty than is contained in the rentals and infeftments above-specified, to have been seen and considered by them and to have heard and seen it be found and declared by decreet and confirmed of this present parliament that all and sundry the foresaid rentals and infeftments of feu ferm granted and set to the said tenants and feuars, their predecessors and authors for their own parts particularly of the lands and others above-expressed for the yearly duty above-rehearsed are and have been granted and set for the just rental and in no way in diminution thereof; and that there is no other just rental but that which agrees with the duty particularly above-expressed contained in the said infeftments and that the said rental contained therein has been in all times past and shall remain in all time coming the only just and true rental. And also to have heard and seen it be found and declared by the said decreet that the foresaid greater and higher rentals first mentioned in the said year 1487 and all other higher and greater rentals whatever they be contained in, the comptroller or rental books, in the accounts or rolls of the exchequer, are in no way authentic, just nor true rentals and that therefore the said comptroller and advocate present and to come be ordered to desist and cease from all troubling or burdening of the said pursuers with the said pretended greater and higher rentals whatsoever; and that the same pretended greater and higher rentals and all the accounts and exchequer rolls containing any greater duty than is particularly before-specified have been determined by the said decreet to be deleted and to be declared to have been and to be of no value, force nor effect in judgement nor outwith in any time coming; and likewise to have heard and seen it be found and declared by the said decreet that the rentals and infeftments foresaid made to the said pursuers, their predecessors and authors have been, and shall be, to them, their heirs and successors forever sufficient rights and titles for possessing and enjoying of all and sundry the lands, mills and others above-mentioned contained therein, each one of them for their own parts particularly for the yearly payment of the duty and rental above-expressed contained in the same infeftments only in all time coming, and that the foresaid pretended greater and higher rentals nor no other rental be admitted to make faith in judgement nor outwith but the foresaid rental mentioned in the said infeftments. And also to have heard and seen all and whatsoever decreets of removing given against the said pursuers or any of them or their predecessors be retreated, rescinded and reduced and the execution thereof declared to be suspended simply in all time coming, without any further process or action of reduction, for the reasons and causes foresaid, or else to have shown a reasonable cause why the same should not have been done, as at more length is contained in the said supplication. All the foresaid persons, pursuers, compearing by Masters John Sharp, William Oliphant, Henry Balfour and Robert Learmonth, their procurators, the said Sir David Murray of Gospertie, knight, his majesty's comptroller, and Master Thomas Hamilton of Drumcairnie, his highness's advocate for our sovereign lord's interest in the said matter, being both personally present, and the said Master John Skene, clerk register, compearing likewise personally, who produced the whole rental books, accounts and rolls of exchequer concerning the said lands and others before rehearsed according to the desire of the said supplication, and thereafter all the foresaid parties' rights, reasons, allegations, with certain decreets obtained before the lords of council in the appeals court at the instance and in favour of certain of the pursuers and their predecessors against our said sovereign lord, his highness's comptroller and advocate for the time, extracts of rental accounts and rolls of exchequer authentically subscribed by the clerk register, whole particular infeftments above-written granted to the said pursuers and their predecessors of the lands respectively, granted that diverse other writs and probations produced for the part of the said pursuers, together with all and sundry the said rental books, accounts and rolls of exchequer concerning the said lands and others before rehearsed produced by the said clerk register of before according to the desire of the said supplication, repeated by the said pursuers for verifying of their said supplication and reasons therein contained, heard, seen, understood; and the estates of parliament being therewith ripely advised (after that the foresaid parties and their said procurators were heard to reason verbally thereupon in their whole presence), our sovereign lord and estates of parliament find, decree and declare that all and sundry the foresaid rentals and infeftments of feu ferm granted and set to the said pursuers, their predecessors and authors for their own parts, particularly of the lands and others above-expressed for the yearly duty particularly before rehearsed, are and have been granted and set for the just rental and in no way in diminution thereof, and that there is no other just rental but that which agrees with the duty particularly above-expressed contained in the said infeftments, and that the foresaid rental contained therein has been in all times past and shall remain in all time coming the only just and true rental. And also find and declare that the foresaid pretended greater and higher rentals first mentioned in the said year 1487 and all other higher and greater rentals whatever they be contained in, the comptroller or rental books, the accounts and rolls of the exchequer, are in no way authentic, just nor true rentals and, therefore, decree and ordain the said comptroller and advocate present and to come to desist and cease from all troubling or burdening of the said pursuers with the said pretended great and higher rentals whatsoever; and decree the same great and higher rentals and all the accounts and exchequer rolls containing any greater duty than is particularly before specified to be deleted and declare the same to have been and to be of no value, force nor effect in judgement nor outwith in any time coming; and likewise find and declare that the rentals and infeftments foresaid made to the said pursuers, their predecessors and authors have been, and shall be, to the said feuars, their heirs and successors forever sufficient rights and titles for possessing and enjoying of all and sundry the lands, mills and others above-mentioned contained therein, each one of them for their own parts particularly for the yearly payment of the duty and rental explained above contained in the same infeftments only in all time coming, and that the foresaid pretended greater and higher rentals nor no other rental be admitted to make faith in judgement nor outwith but the foresaid rental mentioned in the said infeftments. And also his majesty and estates foresaid retreat, rescind and reduce all and whatsoever decreets of removing given against the said pursuers or any of them or their predecessors of the same, and declare the execution thereof to be suspended simply in all time coming without any further process or action of reduction because the foresaid supplication and reasons above-written therein specified being found relevant by the said estates of parliament, notwithstanding the whole defence and allegiances proposed for the part of our said sovereign lord by the said Sir David Murray, his highness's comptroller, and the said Master Thomas Hamilton, his majesty's advocate in his highness's name, in the contrary, the same was admitted to the said pursuers' probation who presently verified the reasons of their said supplication sufficiently by production and repetition in way of proof of their said whole infeftments particularly before rehearsed, whole rental books, accounts and rolls of exchequer concerning the said lands and others foresaid, decreets, other writs and rentals before specified, as was clearly understood to his majesty and estates foresaid and, therefore, they gave their decreet in manner foresaid and ordain letters to be directed hereupon if need be in the appropriate form.