[1607/3/29]¹

Act in favour of [James Stewart], earl of Moray

18. Forasmuch as at our sovereign lord's desire, the lords and whole estates of his majesty's present parliament held within this realm of Scotland, having seen, read, considered and perfectly understood a special act of his privy council thereof dated at Holyroodhouse, 8 March 1603, whereby his majesty, with advice and consent of the lords of his said privy council and of [George Home, earl of Dunbar], his treasurer, [David Murray, lord Scone], comptroller, and [Master John Preston of Penicuik], collector general of his said realm, for great, reasonable and evident causes therein specified tending to the advancement of his majesty's royal estate, universal peace and quietness of his said realm then sufficiently foreseen, tried and proven, faithfully promised in the word of a king by special act of his majesty's parliament, with advice and consent of the estates of his said realm, for evident causes to be tried and verified therein, to make and cause be made in effect the ratifications, approbations, confirmations, dissolution, new disposition and others underwritten, as the said act of secret council made thereupon more fully purports; therefore the said lords and estates of parliament now convened, having also at his majesty's desire seen, read, considered and perfectly understood all and sundry the charters and infeftments under-mentioned made and granted to the predecessors or authors under-nominated of his majesty's right trusty cousin James, now earl of Moray, lord Doune and Abernethy, of the lands, lordships, baronies, earldom and others underwritten, and knowing perfectly and having of new tried in this parliament by sufficient verifications the causes contained in the said act of secret council to be true, and the same with the good, true and thankful services in many ways done to his majesty in the common and public affairs of his said realm by the said Earl of Moray and his predecessors, to have been and to be reasonable, profitable and evident causes of that same realm so found and proven by decreet of this parliament; in respect thereof, our said sovereign lord and whole estates thereof, with one advice and consent, have ratified, approved and perpetually confirmed and, by the tenor of this present act, ratify, approve and perpetually confirm as well the special act of secret council above-rehearsed as likewise all and sundry the charters and infeftments in special and in general mentioned underneath, made and granted by our said sovereign lord and his most noble progenitors successively, and by the other persons under-mentioned respectively, to the predecessors under-nominated of the said James, now earl of Moray, their heirs and assignees therein specified, of all and sundry the lands, lordships, baronies, earldom, mills, multures, woods, fishings and others whatsoever, as well in special as in general underwritten, which his majesty and estates foresaid will have held as for expressed in this present act, and to be as sufficient and effectual as if every one thereof in particular were by their special names and denominations expressly inserted herein, namely: first, a charter and infeftment made and granted by his majesty under his great seal after his perfect age of 21 years complete, with advice of his comptroller for the time, of the date at Holyroodhouse, 6 January 1587 [1588], to the late James, then lord Doune, grandfather on the father's side to the said James, now earl of Moray, and his male heirs therein designed, of all and sundry the particular towns, lands, mills, multures, woods, fishings, ferms and duties of feu ferm, offices of custody, constabulary, forestry and stewartry therein specified, with the advocation, donation and right of patronage of the chaplainries therein designed and others whatsoever comprehended therein, united, annexed, erected and incorporated in a whole free lordship and barony then called and to be called in all times thereafter coming the lordship of Doune, all lying within the stewartry of Menteith, to be held of our said sovereign lord and his successors in free heritage, free lordship and barony forever, for yearly payment to have been and to be made to his majesty and his successors and to their comptrollers for sundry of the said particular lands, mills, fishings, ferms and duties of feu ferm therein expressed, of all and sundry the yearly feu mails of money, victual and other duties particularly designed in the said charter and infeftment made thereupon, or yearly prices of the said victual specified therein, in the option of the payers, in manner and at the terms therein contained, and for the yearly payment appointed to be made for the office of stewartry of Menteith and office of custody of the castle of Doune, forests and woods of Glenfinglas and other woods and thickets therein expressed, with the fishings of Lochbannaquhair and Lochlipnoch and of the waters of Teith and Goodie, with their pertinents, of one penny money of this said realm in name of blench ferm, if it be asked, and for the said advocation, donation and right of patronage of the chaplainries therein designed of one penny money foresaid in name of blench ferm, if it be asked, only; in the which charter also our said sovereign lord, with advice foresaid, gave, granted, assigned and conveyed to the said late James, lord Doune and his male heirs foresaid certain feu ferms of some particular lands and others therein specified for the custody of the said castle of Doune and for upholding of the same watertight, as the said charter made and granted thereupon containing sundry other heads and articles more fully purports; and also another anterior charter made of before by [Mary], our said sovereign lord's late dearest mother of worthy memory, queen of this realm for the time, under her great seal partly to the said late James, lord Doune, then styled James Stewart of Doune, and the late Margaret Campbell, then his spouse in conjunct fee, and partly to the said late Lord Doune himself and their heirs therein designed of the five merk lands of old extent of Collintogill, the five merk land of old extent of Brokland and of sundry other lands, mills, fishings, offices of stewartry, forestry and others above-mentioned, specified as well therein as in the said charter of the forenamed lands, lordship and barony of Doune, lying within the said stewartry² of Menteith, in manner contained at more length in the said charter made to them thereupon, of the date at Edinburgh, 6 March 1563 [1564]. Item, another charter and infeftment made by our sovereign lord's late dearest father and mother of most worthy memory, Henry and Mary, by the grace of God, king and queen of the said realm for the time, under their great seal of the date at Edinburgh, 1 June 1566, to the late James, then earl of Moray, grandfather on the mother's side to the said James, now earl of Moray, and Dame Agnes Keith, then his spouse, and the longest liver of the two in conjunct fee, and their heirs then lawfully procreated or to be procreated between them, which failing to the nearest and lawful heirs whatsoever of the said late James, then earl of Moray, of all and whole the lands, lordship and earldom of Moray, containing therein all and sundry the particular towns, lands, mills, (of all and whole) multures, woods, fishings and others of the said lordship and earldom of Moray specified in the said charter made thereupon, together with the salmon fishings in the waters of Spey, Findhorn, Slewpule and Lossie with the customs thereof, the burgh mails and customs of Elgin and Forres, with the castle of Darnaway, with the forest, park and thickets thereof and all other lands, towers, fortalices, woods, mills, fishings, parts, pendicles, tenants, tenancies, services of free tenants, advocation and donation of kirks and chaplainries and all others whatsoever of the said lordship and earldom of Moray, with their pertinents, lying within the sheriffdom of Elgin and Forres, and also of all and whole the lands and lordship of Abernethy, with the annexes, dependencies, pendicles and pertinents thereof, and of all and whole the lands and lordship of Strathdearn, namely: the lands of Petty, Brackley and Strathdearn, with all and sundry outsets, pendicles and pertinents thereof, and also the mill of Connage with the right of patronage, advocation and donation of the kirks of Petty and Brackley and the tower and fortalice of Halhill, with all their pertinents, lying within the sheriffdom of Inverness, the lands of Cardoll, the town and lands of Culaird with the tower and fortalice thereof, the Brodland, the half land of Holme, with the salmon and other fishings thereof in the water of Ness, with castles, towers, fortalices, woods, mills, fishings, parts, pendicles, tenants, tenancies, service of free tenants, advocation, donation and rights of kirks, benefices, chaplainries and hospitals of the same and all their pertinents lying within the said sheriffdom of Inverness, to be held of our said sovereign lord's late dearest father and mother and their successors in fee and heritage for ever, for yearly payment thereof of rights and services due and customary, as the said charter made thereupon containing sundry other heads and clauses in the self more fully purports. Item, a charter made and granted by our said sovereign lord's dearest mother above-nominated after her perfect age of 21 years complete, to the said late James, then earl of Moray, and his heirs therein designed, of the date at Stirling, 3 June 1565, of all and sundry the lands and others therein contained then united, erected and incorporated in the barony of Glendowachie and all and sundry the other charters and infeftments made and granted by our said sovereign lord's late dearest mother and others of his predecessors to the said late James, earl of Moray, grandfather on the mother's side to the said James, now earl of Moray, and his heirs designed therein, of whatsoever lands, baronies, mills, multures, woods, fishings and others therein specified of the earldom of Buchan, lordships and baronies of Auchterhouse, Glendowachie and others mentioned therein lying within the sheriffdoms of Forfar, Aberdeen and Banff respectively, of the dates respectively therein contained. Item, the charter of feu ferm made and granted by the late Patrick [Hepburn], bishop of Moray, with consent of the chapter of the cathedral kirk thereof, to the said late James, earl of Moray, his heirs and assignees therein designed, of the town and lands of Spynie and of sundry other lands, mills, multures, fishings and others therein specified which then pertained to the said bishopric of Moray, to be held of the said late bishop thereof and his successors in feu ferm and heritage in manner therein contained, of the date 10 April 1568, and also a charter of the date 13 July 1569, made by Robert Innes, son and apparent heir to James Innes, then of Dranye, with consent of the said James, his father, and Katherine Gordon, his mother, to the said late James, earl of Moray, grandfather above-mentioned, the late Dame Agnes Keith, his spouse, and their heirs therein specified, of all and whole the town and lands called Bischoppismyln, with the corn mill thereof, multures, knaveship and sucken of the same, and of all and whole the lands called the Acres lying in that same town, with the four small cottages and ale house lying also therein, the lands of Pettinkark lying in the barony of Spynie and sheriffdom of Elgin and Forres, and of all and whole the corn mill of Kinnedor lying within the barony foresaid, and that same sheriffdom to be held of the said late Patrick, bishop of Moray, and his successors in manner contained in the said charter made thereupon; and also a charter of confirmation of that same principal charter made and granted by the said late Patrick, bishop of Moray, of the date 15 July 1569. Item, a charter and infeftment of feu ferm made and granted by the late John [Philips], abbot of the monastery of Lindores and convent thereof, of the date 2 November 1560, to the said late James, earl of Moray, grandfather above-mentioned, therein called James, son to the late King James V, and his heirs therein designed, of all and sundry the said late abbots' and convents' lands of Easter Fintray and Wester Fintray, meadow thereof, lochs, ponds and manor place of Fintray, yards thereof, wood of Garvock and fishings upon the water of Don, and all and sundry the lands of Langcruik, with all their parts, pendicles, outsets and pertinents lying in the barony of Fintray, regality of Lindores and sheriffdom of Aberdeen (excepting as is therein excepted) in manner contained at more length in the said charter of feu ferm made thereupon; together with a charter of confirmation following thereupon made and granted by our said sovereign lord's late dearest mother above-nominated under her highness's great seal of the date at Linlithgow, 31 March 1565, ratifying, approving and confirming as well the charter of feu ferm immediately above-specified of the said lands and others therein contained, as likewise another charter of feu ferm of the date 20 March 1557 [1558], made and granted by the late John [Stewart], then commendator of the abbey of Coldingham and convent thereof, to the said late James Stewart, then commendator of the priory of St Andrews (who was after the said late James, earl of Moray, grandfather above-mentioned) and his heirs therein designed, of all and sundry the lands of Fishwick, with the ports, lochs and fishings thereof in the water and river of Tweed, with the [...] of St Abb's, vulgarly St Abb's burgh, with all their pertinents lying in the barony of Coldingham and within the sheriffdom of Berwick in manner contained at more length in the said charter of confirmation; together with the last charter of feu ferm immediately above-mentioned inserted therein; and also another charter of confirmation made and granted by Patrick [Leslie of Pitcairlie], commendator of the abbacy of Lindores and convent thereof of the date at Holyroodhouse, 26 December 1580, to the said late Dame Agnes Keith, then countess of Argyll and Moray, in liferent for all the days of her lifetime, and to the late Dame Elizabeth Stewart, eldest of the female heirs procreated between her and the said late James, earl of Moray, grandfather foresaid, and her heirs therein specified, of all and whole the eighth part lands of the town of Halton of Fintray, with the pertinents, together with the eighth part of the wood belonging to the said town with the pertinents thereof, with the just and equal part of the tofts and crofts belonging to the said eighth part of the town above-written lying in the said barony of Fintray, sheriffdom of Aberdeen and regality of Lindores, and that by resignation made thereof by Andrew Pitcairn of Invernethie and Janet Chalmers, his spouse, to whom the same pertained in conjunct fee and feu ferm of before, together with the original charter of feu ferm made thereupon by the late John, abbot of the said monastery of Lindores and convent thereof, to the said Andrew Pitcairn, Janet Chalmers, his spouse, their heirs and assignees whatsoever, of the date 12 November 1558; and also another charter of feu ferm made and granted by the late James Harvey, advocate, to the late James, earl of Moray, lord Abernethy and Doune, who last died, father to the said James, now earl of Moray, his heirs and assignees heritably, of all and whole the said late James Harvey's four oxengate of the said town and lands of Halton of Fintray extending to the sixth part of the same town, with the sixteenth part of the wood thereof called the wood of Garvock, with tofts, crofts and other pertinents of the same pertaining of before in feu ferm to the late William Harvey, burgess of Aberdeen, then held of the abbot and convent of Lindores for the time lying within the parish of Fintray, the said regality of Lindores and sheriffdom of Aberdeen, to be held of our said sovereign lord, then superior thereof, by virtue of the act of annexation of all kirk lands within this foresaid realm to his majesty's crown, and of his successors in feu ferm and heritage forever, in manner contained at more length in the said charter made by the said James Harvey thereupon of the date at Aberdeen, 9 May 1591; together with the anterior charters of feu ferm made thereupon of before to the said late William Harvey, James Harvey and their heirs specified therein of whatsoever date or dates the same be. Item, a charter of feu ferm of the date 27 April 1543, made and granted by the late Richard [Abercrombie], then abbot of the monastery of Inchcolm and convent thereof, to the late James Stewart, brother-german to the late Andrew [Stewart], lord Ochiltree, and the late Dame Margaret Lindsay, lady of Invermay, his spouse (great-grandfather and great-grandmother to the said James, now earl of Moray, on his father's side) in conjunct fee and their heirs therein designed, of all and sundry the lands and barony of Beath, containing the lands underwritten, namely: the lands of Craigbaith, Kirkbaith, Baithillokis, Shiels, Hilton, Esteir Town and Netherton, Muirton, coal pit lands, with the coal pit thereof, and their pendicles, pertinents and outsets, together with the mill of Beath, mill lands and multures thereof, with all their pertinents lying within the sheriffdom of Fife in manner contained at more length in the said charter of feu ferm made thereupon; together with a charter of confirmation of the same made and granted by our sovereign lord's dearest mother above-nominated under his highness's great seal of the date 1 June 1543; and also another charter of feu ferm of the date 10 March that same year of God, made and granted by the said late Richard, abbot of the said monastery of Inchcolm and convent thereof, to the said late James Stewart and Dame Margaret Lindsay, spouses (who were great-grandfather and great-grandmother above-mentioned), and their heirs therein specified, of the lands of Killerye lying within the sheriffdom of Fife, the mill called Pasker Mill, with the mill lands and multures thereof, and their pertinents lying within that same sheriffdom, the said abbot and convent of Inchcolm, Mill of Cramond, with the mill lands, multures and pertinents thereof lying within the sheriffdom of Edinburgh, the lands of Duddingston, with the pertinents, lying within the sheriffdom of Linlithgow, and their lands of Clarberstoun, with their pertinents, lying within the said sheriffdom of Edinburgh; another charter of feu ferm of the date 7 February 1567 [1568], made by the late James [Stewart], then abbot of the said monastery of Inchcolm and convent thereof, to the said James Stewart (who was thereafter the said James, earl of Moray that last died), then lawful son to the late James Stewart of Doune, knight, his heirs and assignees whatsoever, of all and sundry their lands underwritten, as well property as tenancy, namely: the lands of Newton, Cuttlehill, Seysyde and Caikinche, an acre and half an acre of land lying at the west end of the bridge of Aberdour and of the mill of Aberdour and mill lands thereof, and astricted multures of the same, with all other pendicles and pertinents of the lands and mill immediately above-rehearsed lying within the said sheriffdom of Fife, then occupied in manner contained in the said charter made thereupon, and that by resignation of the late Andrew, lord Stewart of Ochiltree, to whom the same pertained in feu ferm of before, together with the original charter of feu ferm made thereupon of before, to the said late Andrew, lord Stewart of Ochiltree, his heirs and assignees, of the date 16 August 1567, made and granted by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, to the said James Stewart (who was after that the said James, earl of Moray that last died), son lawful for the time to the said late James Stewart of Doune, knight, his heirs and assignees whatsoever, of all and sundry the lands underwritten, as well property as tenancy, namely: the lands of Donibristle, Barnehill and Grange with their pertinents, and of the 19 acres of land specified in the said charter occupied in manner therein divided with all their pertinents, lying within the said sheriffdom of Fife, and that by resignation of the said late Andrew, lord Stewart of Ochiltree, to whom the same pertained heritably of before, together with the other original charter of feu ferm made to him, his heirs and assignees thereupon by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, of the date the said 16 August 1559; another feu charter of the date 18 February 1567 [1568], made and granted by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, to the said late James Stewart (who was after that the said late James, earl of Moray, that last died), son lawful to the said late James Stewart of Doune, knight, and his heirs therein designed, of all and whole the lands of Easter and Wester Bucklyvie, with their pertinents, lying within the said sheriffdom of Fife, as well property as tenancy, and that by resignation of the late Archibald Stewart, son to the said late James Stewart of Beath, to whom the same pertained heritably of before in feu ferm, together with the original feu ferm charter made and granted thereupon by the said late James, commendator of the said abbacy of Inchcolm and convent thereof, to the said late Archibald Stewart, his heirs and assignees, of the date 4 August 1559; another charter of feu ferm of the date 18 February 1567 [1568], made and granted by the said late James, then commendator of the said abbacy of Inchcolm and convent thereof, to the said late James Stewart (who was thereafter the said late James, earl of Moray that last died), son lawful to the said late James Stewart of Doune, knight, his heirs and assignees whatsoever of all and sundry the lands of Kyllerie, with the pertinents, lying within the said sheriffdom of Fife, as well property as tenancy; and that by resignation of the late Master Robert Crichton of Eliock, to whom the same pertained in feu ferm of before, together with the original charter of feu ferm made thereupon by the said late James, commendator of the said monastery of Inchcolm and convent thereof, to the said late Master Robert Crichton, his heirs and assignees, of the date 8 April 1561; another feu charter of the date 20 March 1567 [1568], made and granted by the said late James, then commendator of the said monastery of Inchcolm and convent thereof, to the said late James Stewart (who was thereafter the said Earl of Moray that last died), son lawful to the said late James Stewart of Doune, knight, and his male heirs whatsoever, of all and sundry the lands of Criftgary and Brago, with the pertinents, lying in the said barony of Beath and the foresaid sheriffdom of Fife, and of all and whole the lands of Muirton of Beath, with their pertinents, and of all and whole the half of the lands of Knoksydrum, with the pertinents, occupied as is therein designed, as well property as tenancy, lying within the same barony and sheriffdom immediately above-written, and that by resignation of the late Henry Stewart, son to the said late James Stewart of Beath, to whom the same pertained in feu ferm of before, together with the original charters of feu ferm made thereupon by the said late James [Stewart], commendator of the foresaid monastery of Inchcolm and convent thereof, to the said late Henry Stewart, his heirs and assignees of the dates respectively 4 and 6 August 1559; another feu ferm charter of the date 2 June 1580, made and granted by the said late James, then commendator of the said abbacy of Inchcolm and convent thereof, to the said late James Stewart (who was thereafter the said Earl of Moray that last died), then son and apparent heir to the said late James Stewart of Doune, knight, his heirs and assignees of all and whole the mill called the Paskar Mill, mill lands, multures and sucken thereof, with their pertinents and with pasturage used and wont upon the said lands of Killerie, lying within the said sheriffdom of Fife, and also of all and whole the lands of Clermiston, with their pertinents, lying within the said sheriffdom of Edinburgh, and also of all and whole the two oxengate of the said abbot and convent lands of Duddingston, with tofts, crofts and all their pertinents lying within the said sheriffdom of Linlithgow, and [that] by resignation of James Scott of Wester Sawling, to whom the same pertained heritably of before, together with the charter of feu ferm made thereupon of before by the abbot and commendator of the said abbacy of Inchcolm and convent thereof, to the said James Scott and his heirs therein specified, of whatsoever date the same be; and another charter of feu ferm of the date 18 January 1571 [1572], made and granted by the said late James, then commendator of the foresaid monastery of Inchcolm and convent thereof, to the said late James Stewart, then son and apparent heir to the said James Stewart of Doune, knight, his heirs and assignees, of all and whole the Isle of Inchcolm, monastery or abbey place and mansion thereof, with the houses, buildings, yards, dovecots and cuningars situated within the same and their pertinents, lying within the sheriffdom of Fife, by resignation made of the same by the late Archibald [Campbell], then earl of Argyll, to whom they pertained heritably of before, together with the principal charter of feu ferm made thereupon by the abbot or commendator of the said monastery of Inchcolm for the time and convent thereof, to the said late Archibald, earl of Argyll and his heirs therein specified, of whatsoever date the same be; and therewith also ratify, approve and confirm all and sundry other charters, infeftments and writs made and granted, as well by our said sovereign lord and his most noble progenitors successively, as the said bishops of Moray, abbots, commendators and convents of the said abbacies of Lindores and Inchcolm and other persons, their vassals and feuars respectively, to the predecessors above-nominated of the said James, now earl of Moray, and others of his authors and predecessors, their heirs and assignees therein specified, of all and sundry the said lands, lordships, baronies, mills, multures, woods, fishings and others above-rehearsed respectively or of whatsoever parts thereof; and also of whatsoever other lands, mills, fishings and others adjacent thereto, lying within the sheriffdoms respectively above-written, as far as are contained in the said charters and infeftments, specially and generally above-mentioned, of whatsoever date or dates the same be; together with all and sundry precepts and instruments of sasine, confirmations, retours and other writs and evidents whatsoever following thereupon, made, given and granted to the said James, now earl of Moray, his predecessors and authors respectively of the dates therein specified, in all and sundry heads, points, clauses, articles, circumstances and contents of all and sundry the said infeftments, charters, precepts and instruments of sasine, confirmations, retours and other writs, as well specially as generally above-mentioned, after the forms and tenors of the same with all that has followed or may follow thereupon. And our said sovereign lord, for his majesty and his successors and the estates of parliament foresaid, has interposed and, by the tenor hereof, interposes their decreet and authority thereto; and also finds, declares, decrees and ordains that the same and every one thereof was always from the beginning and since the first dates of the same respectively, now are and shall be in all time coming valuable, sufficient and effectual infeftments, rights, titles and securities, as well to the said James, now earl of Moray, as to his forenamed predecessors and authors respectively, his and their heirs, assignees and successors, for peaceable holding, enjoying, using and possessing heritably, as well in all times bygone as in all times coming, of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, forests, offices, ferms and duties of feu ferm, advocations, donations and rights of patronages of kirks, benefices and chaplainries, and others whatsoever, as well in special as general above-rehearsed, with their parts, pendicles, pertinents, annexes, connexes, tenants, tenancies and services of free tenants of the same, privileges, liberties and commodities thereof whatsoever; together also with all and sundry the customs above-rehearsed, and for receiving, uplifting and intromitting with, using and conveying to their own commodity at their pleasure, of all and sundry the yearly mails, ferms, kanes, customs, profits, duties, privileges, casualties, liberties and commodities thereof whatsoever, as well of all years and terms bygone since the first dates respectively of the said original infeftments made and granted thereupon, as of all others and terms to come; and that notwithstanding of whatsoever acts of parliament, other acts, statutes, laws, constitutions or proclamations made or to be made in the contrary; and also notwithstanding of whatsoever right, title, action, interest or claim of right, petitioner and possessor, which our said sovereign lord, his predecessors or successors had, has, may have, claim or pretend thereto, directly or indirectly thereby, or whatsoever other manner of way; and also notwithstanding of whatsoever decreets or protestations, one or more, obtained heretofore by our said sovereign lord, his majesty's comptrollers, treasurers, collectors general, chamberlains or advocates, one or more, relating thereto, against the said James, now earl of Moray, his tutor or curator for the time, or yet against any of his tenants, occupiers or possessors thereof, in whatsoever manner of way, which our said sovereign lord, with advice and consent of the lords and whole estates of this said parliament, for his majesty and his successors, promises in the word of a king to renounce and discharge in due and sufficient form by virtue of the charter of confirmation and new disposition under-mentioned to be made and passed hereupon under his majesty's great seal and, by this act, renounces and discharges to and in favour of the said James, now earl of Moray, his heirs, assignees and successors, of the lands and others above-rehearsed, with all action and instance of the same of right of litigation and cause and for ever. And also his majesty, for himself and his successors and the forenamed lords and estates of this present parliament, with one advice and consent, finds, declares and ordains that this present act, with the ratifications, dissolution and others herein contained, together with the said charters of confirmation and new disposition under-mentioned to follow hereupon, are and shall be as sufficient, valuable and effectual to the said James, now earl of Moray, and his foresaids to the effect above and under-written as if the same and the said anterior charters and infeftments, specially and generally above-mentioned, had been made and granted by his majesty and his predecessors respectively after their lawful and perfect ages and after sufficient dissolution made to that effect in their majorities of as many of all and sundry the said lands and others above-rehearsed from the patrimony of their crowns as was annexed thereto of before, and as if the said confirmations had been made and granted in due times immediately after the dates respectively of the said anterior charters and infeftments and before whatsoever sasines taken thereupon, and also as if all and sundry the said charters and infeftments with the particular dates and contents thereof, and all and sundry the said particular lands, lordships, baronies, earldom, mills, multures, woods, fishings, offices, customs, ferms and duties of feu ferm, rights of patronages and others whatsoever, as well above-mentioned as otherwise specified and comprehended in the said charters and infeftments respectively by their special names and denominations, were wholly and at length engrossed and inserted as well in this present act as in the said charters of confirmation and new disposition under-mentioned, appointed to follow hereupon, notwithstanding that the same or any other clauses, solemnities or circumstances requisite are or shall be omitted forth thereof or of this present act; concerning which, and with all other defections, our said sovereign lord, for his majesty and his successors and the said estates of this present parliament, with one advice, dispenses by this act, and shall dispense in the said new charters forever. Moreover, for the causes above-mentioned, found, tried and approved by decreet of this present parliament as said is, our said sovereign lord and whole estates of parliament foresaid, with one advice and consent to the effect above-written, have dissolved and, by the tenor of this present act, dissolve of new from his majesty's crown and patrimony thereof, and from all annexations made thereto of before, and in the same way from the abbacies above-specified respectively and patrimony thereof, simply and forever, as many of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, offices, fees, duties, casualties, profits thereof, yearly ferms and duties of feu ferm above-mentioned and others whatsoever, as well in special as in general above-rehearsed, with all and sundry their annexes, outsets, parts, pendicles, pertinents, tenants, tenancies and services of free tenants of the same as have been in any time bygone annexed to his majesty's or his predecessors' crowns and patrimony thereof, or have pertained to them or yet to the abbacies above-specified respectively, to the effect it may and shall be permissible to his majesty by virtue of his new charters and infeftments, one or more, to be made and passed under his majesty's great seal in due and ample form thereupon, to alienate, give, grant, convey and confirm of new the same and all and sundry the said remaining lands, baronies and others whatsoever, as well specially as generally above-mentioned, to the said James, now earl of Moray and his male heirs to be lawfully procreated of his body, which failing, to his nearest and lawful male heirs whatsoever bearing and that shall bear his surname of Stewart and arms thereof, and of the said earldom and lordships or such other heirs as shall please the said James, earl of Moray to determine and design heritably, together with all right, title, action, interest and claim of right, both petitioner and possessor, property and possession, which our said sovereign lord, his predecessors or successors had, has, might have, claim or pretend in and to all and sundry the said lands, baronies, lordships, earldom, mills, multures, woods, fishings, customs, ferms and duties of feu ferm, rights of patronage and others whatsoever, as well in special as in general above-rehearsed, or to any part or parts thereof, or yet to the mails, ferms, profits and duties of the same in whole or in part of whatsoever years and terms as well bygone as to come by reason of ward, non-entries, relief, forfeiture, recognition, purpresture, disclamation, bastardry, escheat, not timeous confirmation, nullity, reduction, reversion, redemption, not timeous payment of the yearly feu mails, other mails or duties of the same, not showing of holdings, or yet by virtue of any acts, statutes or constitutions, laws or proclamations, or any other cause or occasion bygone, as well not named as named, with all action and instance competent or that may be competent to his majesty or his successors relating thereto, renouncing the same from his majesty and his successors to and in favour of the said James, earl of Moray and his foresaids simply and for ever; and also discharging all his highness's and his successors' comptrollers, treasurers, collectors general, chamberlains and other officers whatsoever, as well present as to come, of all further receiving, uplifting or intromitting with any of the mails, ferms, kanes, customs, profits and duties of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, customs and others whatsoever, as well in special as in general above-rehearsed, or of any part or parts thereof of whatsoever years or terms bygone resting unpaid; and also of all years and terms to come (excepting and reserving to his majesty and his successors the yearly feu ferm duties of as many of the said lands and others above-rehearsed as are held immediately of his majesty and his successors, or yearly prices thereof contained in the said infeftments made to the said Earl of Moray's forenamed predecessors thereupon, after the form and tenor of the same in all points), and of all further charging, troubling or poinding of the said James, now earl of Moray, or his foresaids, their tenants or possessors, present or to come, of the lands and others above-written for the same (except as said is) and of their offices in that part simply and for ever, with an agreement not to petition and with supplement of all faults, as well not named as named, which his majesty will have held as for expressed in this present act and in the said infeftments and confirmations above and under-mentioned to follow hereupon. And our said sovereign lord and estates of parliament foresaid have ordained and, by the tenor hereof, ordain all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, offices, customs, ferms and duties of feu ferm, rights of patronages and others whatsoever, as well in special as in general above-mentioned, and otherwise comprehended in the said charters and infeftments respectively, to be inserted by their special names and denominations in the said new charters and infeftments appointed to follow and be made hereupon, to the said James, now earl of Moray and his foresaids, to be held to them of our said sovereign lord and his successors in free heritage and feu ferm respectively and in free lordship and barony forever, with all rights, privileges, liberties and commodities pertaining or that may pertain thereto, as freely in such manner, for yearly payment of such ferms, duties, blench ferms and feu ferms respectively thereof to our said sovereign lord and his successors, and for payment of the said yearly feu ferm, victual or else the yearly prices of the same set down in the said principal infeftments respectively made and granted thereupon in the option of the payers, as the said James, now earl of Moray, his forenamed authors or predecessors respectively held the same of before and were astricted and obliged to pay and do therefore to our said sovereign lord, his predecessors and successors respectively, by virtue of the said original charters and infeftments made and granted thereupon. And notwithstanding thereof, our said sovereign lord, for his majesty and his successors, with advice and consent foresaid, and also the estates of this present parliament, find, declare and ordain that in the said new infeftments, one or more, to follow hereupon, his majesty, for himself and his successors, shall give, grant and convey in due and sufficient form and, by this act, gives, grants and conveys to the said James, now earl of Moray, and his heirs foresaid heritably, the ward of as many of all and sundry the said lands, lordships, baronies, earldom, mills, multures, woods, fishings, castles, towers, fortalices, customs and others whatsoever above-rehearsed as were held of before by the said James, earl of Moray or his predecessors, of our said sovereign lord or his predecessors by service of ward and relief, together with the whole yearly mails, ferms, profits and duties of the same of all years and terms to come, that the same shall happen to be in ward, together also with the marriage of the heir or male heirs or female whatsoever of the said James, now earl of Moray and his foresaids, with the whole profits of the said marriage, how often the same shall happen to fall or become in the hands of our said sovereign lord or his successors, and that for the yearly payment to be made by the heirs above-mentioned of the said Earl of Moray and his foresaids to our said sovereign lord and his successors for the said ward and yearly profits thereof during the time or times of the same, how often it shall happen, of the sum of 400 merks money of this realm of Scotland only, and that yearly at Whitsunday [May/June] and Martinmas [11 November] in winter by equal and mid portions, and also for payment to be made to his majesty and his successors for the marriage above-mentioned of the said heir or heirs, whatsoever and how often the same shall happen as said is, the sum of 2,000 merks usual money of the said realm only. And also for the causes above-written, our said sovereign lord, for his highness and his successors, with advice and consent foresaid, and the estates of parliament above-mentioned, by the tenor hereof, reinstates and restores and also command and ordain his forenamed comptroller, collector, chamberlains and other officers foresaid present and to come, to suffer and permit the said James, earl of Moray and his foresaids to be restored and reinstated to such peaceable, real and actual possession as his said predecessors or any of them had of before, of all and sundry their said salmon fishings of the waters of Spey, Findhorn, Slewpuill and Lossie, with the customs thereof, and of as many of the said other lands, feu ferms and others above-rehearsed, contained in any of the said infeftments made to his predecessors thereupon as have been evicted by our said sovereign lord, his forenamed comptrollers and other officers, or any of them, from the said James, now earl of Moray, in his minority, or yet from his tenants, occupiers or possessors thereof, by whatsoever decreets or protestations, one or more, obtained against them or any of them thereupon, willing and consenting that notwithstanding thereof it was and shall be permissible to the said James, now earl of Moray, and his foresaids, by themselves, their tenants, servants, chamberlains and others in their names to their commodities, to have re-entered and to re-enter peaceably thereto, and to the real, actual and effectual possession of the same at their own hands without any danger of ejection, intrusion, spoiling or other wrong committed or to be committed by them or any of them therein; which his majesty, for his highness and his successors, with consent of the said estates, by this act, renounces and shall renounce in the said infeftments with all action and instance competent, or that may be competent relating thereto simply and for ever. And notwithstanding thereof, our said sovereign lord and estates foresaid, find, declare and ordain that no repetition shall be had of any of his majesty's officers for any intromission they have had in times bygone preceding the date above-written of the said act of secret council with any of the said ferms, customs, duties and others above-written, and also providing likewise our said sovereign lord and estates above-mentioned expressly will, declare and ordain that the tacks and assedations already set, made and granted before the date of the said act of secret council by his majesty, with consent of his forenamed comptroller or yet by the said comptroller alone, of all and sundry the customs above-written to the persons therein nominated for the space of five years therein contained, shall in no way be hurt, prejudiced nor taken away by this act nor any infeftment to follow hereupon, but that the said tacks and assedations shall be safe and reserved to the tacksmen therein contained during as many of the said five years therein specified as were to run at the date above-rehearsed of the said act of secret council. Moreover, our said sovereign lord and estates foresaid, find, declare and ordain that all and sundry the said kirk lands, mills, fishings and others above-rehearsed, which sometime pertained to the abbacies respectively above-written, shall be held to the said James, earl of Moray and his heirs foresaid immediately of our said sovereign lord and his successors in all times coming as is above-rehearsed, notwithstanding of whatsoever acts of parliament made or to be made in favour of the prelates or any others, and notwithstanding of any infeftments of erection made or to be made of the said abbacies or any parts thereof in temporal lordships or baronies; and also notwithstanding of whatsoever acts, one or more, made or to be made for annulling or rescinding of the former act of parliament made regarding the annexation of kirk lands and kirk rents temporal to his majesty's crown, from the which acts made or to be made relating thereto that may in any way tend to the hurt or prejudice of this act or of the infeftments foresaid to follow thereupon or any part thereof, our said sovereign lord and estates foresaid, by the tenor hereof, expressly except all and sundry the said kirk lands, mills and others above-rehearsed, contained in the said infeftments of feu ferm made thereupon, to the authors and predecessors above-nominated of the said James, earl of Moray, reserving and excepting out of this present act of parliament the burgh mails of Elgin and Forres, to remain and abide with our sovereign lord and his highness's successors as a part of the patrimony of their crown in all time coming. And also our said sovereign lord and estates foresaid declare that this present act of parliament shall in no way be extended nor prejudicial to [Alexander Douglas], bishop of Moray regarding his feu mail superiority and right whatsoever pertaining and belonging to the bishopric of Moray. And lastly, our said sovereign lord and estates foresaid decree and ordain charters and infeftments to be passed, made, granted and completed under his majesty's great seal to the said James, earl of Moray and his heirs foresaid in due and sufficient forms to the effects respectively above-written in such sure, large and ample form as the said James, earl of Moray and his foresaids shall devise; and find and declare that this present act, ratification and confirmation above-written and charter of confirmation to follow hereupon shall be as valuable, sufficient and effectual as if the foresaid whole anterior charters and infeftments above-mentioned were wholly inserted word by word therein; concerning which, our said sovereign lord and estates foresaid dispense for ever.