[1605/6/51]¹

²Act regarding the chapel royal and exceptions therefrom in favour of [George Home], earl of Dunbar and [Walter Scott], lord [Scott] of Buccleuch

Our sovereign lord, being of intention not only to maintain the honour, prerogative and majesty of his crown of this his native kingdom of Scotland, but also to repair and redress such things as are done to the harm and prejudice of the same, to the effect that when it shall please God to give his majesty and his royal successors occasion to resort to his said kingdom, the dignity and ancient marks of sovereignty thereof may be so inviolably observed as may best stand with his majesty's honour, the reputation of the country and deserve good report and estimation amongst strangers; and understanding that his most noble progenitors of happy memory, King James IV following the commendable example of other civil and virtuous princes, founded a chapel royal constituted of a sufficient number of persons for serving his majesty and his successors in music, and mortified, endowed and conveyed to the said chapel royal and members thereof diverse kirks and rents for their living and maintenance, whereof the foundation is now so far neglected as there is neither any sufficient number of qualified persons appointed for service therein, neither are the kirks' rents and revenues thereof kept in their own integrity according to the foundations, mortifications, dispositions, rights and securities made to the said chapel royal and members of the same relating thereto, but by the contrary the said lands, kirks, teinds, patronages, profits and rents are alienated, dismembered, diminished and so many ways severely hurt that his majesty and his successors shall not at their coming to this country almost find any record or appearance of the said foundation or any monument of that royal institution, the lack whereof will breed derogation to the honour of the realm, which only among all the Christian kingdoms will by that means want that civil and commendable provision of ordinary music for recreation and honour of their princes; for remedy whereof, and to the effect that by his majesty's example the subjects of the said kingdom may be the further encouraged to maintain their foundations of music schools, whereby youth may be instructed in that liberal science which quickens the intellect, gives pleasant and harmless recreation to all estates and estates of persons, and is an holy exercise agreeable to the religion and commanded of God for giving of thanks and praise to his holy majesty, our sovereign lord, with advice and consent of his whole estates of this present parliament, ratifies and approves the said foundation and institution of the foresaid chapel royal, in so far as concerns³the service of his majesty and his successors in music and all other things not repugnant to the true religion presently professed and by the law established within this realm, and all lands, kirks, teinds, rents and commodities whatsoever mortified, given and conveyed to the same or to any of the members thereof, and because it is known that neither the said service can be done unless the persons appointed for the same have their competent maintenance and old living, neither can their livings be obtained if the patronage of their benefice be taken from his majesty and the rents thereof from the said chapel and members of the same; therefore, his majesty and estates foresaid retreat, rescind, make void and annul all alienations and dispositions of lands, kirks and patronages of the kirks and benefices belonging or which heretofore in any way belonged to the said chapel royal and patrimony thereof and members of the same, and all dispositions, tacks, rentals, pensions and other rights, titles and securities whatsoever of the lands, kirks, teinds, fruits, rents, duties and commodities thereof, alienated, conveyed, given or set to whatsoever person in hurt and prejudice of his highness's patronage of the said chapel royal, or in diminution of the best and greatest rental thereof; and decree the undoubted and full right of the said whole patronages of all and sundry kirks, which in any time bygone were endowed or annexed to the said chapel, shall now and in all time coming belong and pertain to our said sovereign lord and his successors, and that the masters and members of the said chapel royal already established, or hereafter to be provided or established by our sovereign lord and his successors, to have undoubted right to the whole lands, kirks, teinds, rents, profits, duties or commodities which in any time bygone belonged or appertained to the said chapel royal and members thereof; and likewise decree and ordain that the nullity of the said alienations, dispositions and securities of the said patronage or their lands, kirks, rights and rents made to their prejudice to any other person in manner foresaid be received by way of exception or reply without any necessity of action, pursuit or reduction of the same, and that the same shall not, nor may not in any time coming, be lawfully possessed but by the ordinary members only of the said chapel royal, being astricted to serve his majesty and his successors in music and other godly and lawful exercise agreeable to the foundation and not repugnant to the true religion presently professed within this realm, notwithstanding any right, title or disposition thereof given or ratified in parliament or otherwise contrary to the premises in any time bygone, which his majesty and estates foresaid declare to have been from the beginning and to be in all time coming null and of no value, with all that has followed or may follow thereupon, as if the same had never been granted nor made, excepting always and reserving the advocation, donation and right of patronage of the kirks of the said chapel royal which were conveyed of before to George, earl of Dunbar, or are conveyed to him in this present parliament, so that the said kirks, fruits, rents, profits, duties and emoluments of the same, the advocation, donation and right of patronage thereof, shall in no way be comprehended in this present act, but shall remain with the said George, earl of Dunbar, his heirs and successors as their heritable patronages, as if this present act had never been made, and notwithstanding the same and all other acts and statutes made of before and in this present parliament from the which the said patronages are and shall be excepted; and also excepting and reserving out of this present act and whole contents thereof the tacks of the teinds of the kirk of St Marie Louis and pendicles thereof, set to Walter, lord Scott of Buccleuch, and all the tacks set to him of all other teinds of whatsoever kirks pertaining to the said chapel royal.