[1605/6/69]¹

²Act in favour of William [Melville], commendator of Tongland

Regarding the supplication given in to [John Graham, earl of Montrose], lord great commissioner, and whole estates of this present parliament by William, commendator of the abbacy of Tongland, one of the ordinary number of our sovereign lord's session and college of justice, making mention that where our sovereign lord, for diverse good considerations moving his majesty, gave, granted and conveyed to the said commendator for all the days of his lifetime the teinds of certain kirks, which sometime pertained to the bishopric of Galloway, and a pension of £616 18s 4d usual money of Scotland granted by his highness to him in liferent, to be paid out of the temporality and temporal lands, feu mails and other duties of the said abbacy of Tongland and bishopric of Galloway; and albeit our sovereign lord has lately provided Master Gavin Hamilton to the said bishopric, with all and sundry fruits, rents and emoluments appertaining thereto, yet it was not his majesty's will that the said William, commendator of Tongland should be any way damnified, hurt nor prejudiced in his right, title and possession of the abbacy of Tongland and kirks pertaining and annexed thereto, teinds and rents of the same, nor in his foresaid pension, and also, the said Master Gavin faithfully promised to his majesty in no way to hurt nor prejudice the said William, commendator of Tongland, during his lifetime regarding the premises, and therefore the said Master Gavin, by his special letters dated at Edinburgh, 19 June 1605, acted and registered in the books of council of his own consent 22 [June 1605], ratified and approved for him and his successors the gifts and donations granted to the said commendator by our said sovereign lord, with the ratifications and confirmations of the same in parliament specially expressed in his said letters; and upon deliberate mind, of certain knowledge, most heartily, freely and willingly bound and obliged him and his successors that they should never move action nor litigation against the said commendator for any part of the said fruits, teinds, rents and pension conveyed to him for his lifetime as said is, but that he should possess the same peaceably without trouble or impediment during his lifetime as said is, as the said letters registered in the said books of council shown to the said estates at more length purport. And seeing the estates intend in this present parliament by direction of our sovereign lord to make an act and ordinance for repairing and restitution of the estate of bishops within this realm, it is very necessary for the said commendator's quietness that whatsoever thing should be done in favour of the bishop of Galloway shall be without hurt and prejudice of anything that was provided to the said commendator before, and contained in the said Master Gavin's letters of ratification and approbation thereof, after the form and tenor of the same, to the which the said commendator is assured the said lord bishop of Galloway cannot well make any impediment, but will assent thereto. Desiring therefore the said estates to declare whatsoever thing shall be done to the said bishop of Galloway that the foresaid general act shall in no way be prejudicial, nor hurtful to such things as are conveyed to the said commendator for his lifetime, but that he may peaceably possess the same according to his titles and rights made to him thereof and the said bishop of Galloway's ratification and approbation foresaid, and to that effect that the said estates would ordain the said letters to be registered in the books of parliament for future memory, that the said estates' limitation foresaid to be made in his favour may be the more clear, to take away all questions that may occur hereafter, as at more length is contained in the said supplication. The which supplication, together with the foresaid letters obligators made by the said bishop of Galloway to the said commendator of Tongland, and his whole provisions and rights being read in presence of the whole estates and they therewith being ripely advised, the whole estates find and declare that whatsoever things are done in this present parliament in favour of the said bishop of Galloway, that the foresaid general act shall in no way be prejudicial, nor hurtful to such things as are conveyed to the said William, commendator of Tongland, for his lifetime, but that he may peaceably possess and enjoy the same according to his titles and rights made to him thereof, and the said bishop of Galloway's ratification and approbation foresaid. And to the effect that all questions that may occur hereafter may be taken away between the said commendator and Master Gavin Hamilton, bishop of Galloway, declare and ordain the said letters obligators to be acted and registered in the books of parliament, therein to remain for future memory, of the which letters obligators the tenor follows:

At Edinburgh, 22 June 1605, in presence of the lords of council, compeared Master John MacGill, procurator specially constituted for Master Gavin Hamilton, bishop of Galloway, and gave in the ratification underwritten subscribed with his hand, desiring the same to be registered in the books of council, to have the strength of a decreet of the lords thereof, with letters and executorials to be directed thereupon in manner therein contained. The which desire the said lords thought reasonable and therefore have ordained and ordain the said ratification to be inserted and registered in the said books of council, declaring the same to have the strength of their decreet, and ordain letters and executorials to be directed thereupon in manner specified therein, whereof the tenor follows: Be it known to all men by this present letter, me, Master Gavin Hamilton, bishop of Galloway, forasmuch as our sovereign lord the king's majesty has given and granted to me during my lifetime the bishopric of Galloway with all dignities, fruits, rents and emoluments thereof, and in respect it is in no way his highness's will and intention that the right honourable Master William Melville, commendator of the abbey of Tongland, one of the ordinary senators of his highness's college of justice, should be in any way damnified, hurt nor prejudiced in his right, title and possession of the said abbacy and kirks pertaining and annexed thereto, teinds and rents of the same, nor yet of the pension of £616 18s 4d usual money of Scotland granted by his highness to the said Master William in liferent, to be paid out of the temporality and temporal lands, feu mails and other duties of the said abbacy of Tongland and bishopric of Galloway, likewise I faithfully promised to his majesty in no way to hurt nor prejudice the said Master William Melville regarding the premises, nor any part thereof. Therefore, and for sundry other good respects and considerations moving me, understand me to have ratified and approved, likewise I, by the tenor hereof now as if my provision and gift of the said bishopric of Galloway were already passed and completed the seals, and then as now, upon deliberate mind and of certain knowledge, most heartily, freely and willingly ratify and approve for me and my successors in the said bishopric the foresaid gift and donation given and granted by our said sovereign lord under his highness's great seal of the date at Holyroodhouse, 7 November 1588, to the said Master William Melville of the spirituality of the said abbacy of Tongland, concerning the special kirks of Traquair, Tongland, Senwick, Minnigaff, Leswalt and the kirks of Inch and Girthon, united, annexed and incorporated thereto by the said provision, which were of old kirks of the said bishopric of Galloway and pertaining thereto as a part of the patrimony of the same, and are now annexed to the said abbacy of Tongland as said is, with all privileges, immunities, teinds, fruits, rents, profits and emoluments belonging to the same abbacy and kirk foresaid; and another gift granted by our sovereign lord under his highness's great seal dated at Holyroodhouse, 8 December [1588], to the said Master William of the yearly pension of £616 18s, to be uplifted out of the temporality, temporal lands, feu mails and rents of the foresaid bishopric and abbacy, together with the special act of ratification of the foresaid gifts and provisions granted in favour of the said Master William Melville by our said sovereign lord, with consent of his highness's three estates of parliament, held at Edinburgh, 19 December 1594, with the decreets of the lords of council pronounced in favour of the said Master William concerning the abbacy and pension above-written, with the possession and uplifting of the rents and duties of the same in all time bygone, with all that has followed, or may follow thereupon, in all and sundry heads, articles, clauses, conditions and provisions whatsoever at length expressed in both the said gifts, act of ratification thereof and decreets following thereupon after the form and tenor thereof in all points, holding this present ratification and confirmation as valid, sufficient and effectual as if the said two gifts of the abbacy and pension respectively above-written were herein at length word by word expressed, and as if the same gifts and titles were specially and expressly reserved and excepted in my gift and provision of the said bishopric. And further I will, grant and consent for me and my successors in the said bishopric that the said Master William, by himself, his chamberlains and factors, shall peaceably hold, enjoy and possess all and sundry the teinds, fruits, emoluments, duties, privileges and commodities of the said abbacy of Tongland, together with the said yearly pension of £616 18s 4d, according to his gifts, respective acts and decreets thereof, without any stop, trouble or impediment to be made by me or my successors to him therein, likewise I faithfully promise, bind and oblige me and my successors never to quarrel, nor impugn the said Master William's gifts and rights of the premises, nor yet to move action, litigation nor question relating thereto against him directly nor indirectly in judgement, nor outwith in time coming, under the pain of loss of honour, good name and fame in case I come in the contrary (as God forbid); and further shall reiterate, renew, perfect, subscribe and deliver to the said Master William any other form of ratification and approbation of his gifts above-written in the most ample form can be devised for his security until he find himself sure of the premises, consenting for the more security this act be inserted and registered in the books of council, to have the strength of a decreet of the lords thereof, with executions of horning by a simple charge of 10 days only and others needful to pass thereupon as appropriate; and to that effect constitute Master John MacGill, my procurator, whom I require to compear for me and in my name, consent to the registering hereof, promising to confirm etc. In witness whereof, subscribed with my hand, my seal is affixed. At Edinburgh, 19 June 1605, before these witnesses: Master Andrew Knox, bishop of the Isles, Thomas Whitford, brother to the laird of Whitford, Gilbert Ross, notary, servant to [John Kennedy], earl of Cassilis, and Master John MacGill, advocate. It is thus subscribed: Master Gavin Hamilton. Master Andrew Knox, witness. Master John MacGill, witness. Gilbert Ross, witness. Thomas Whitford, witness. Extracted from the book of acts by me, Sir John Skene of Curriehill, knight, clerk of the rolls, register and council of our most supreme lord the king, under my sign and subscription manual. It is thus subscribed, John Skene, clerk register.