Erection of Kelso in favour of [Robert Ker], lord Roxburghe

32. Our sovereign lord and estates of this present parliament, calling to remembrance the good, true and memorable service done to his majesty and lieges by his trusty cousin Robert, lord Roxburghe and his predecessors in all times and at all necessary occasions bygone, as well in time of peace as in time of war, and also the great care, earnest zeal and readiness of the said lord to underlie all good offices and services tending to his highness's honour, well and profit of the realm, not only in the discharging of the office of the wardenry in the Middle Marches of this realm before the happy union of both the realms in his highness's person, but likewise in the execution of diverse other commissions for quieting of the late borders and repressing of all insolency and disorder within the same at all occasions bygone upon his great charges and expenses, in the which good offices the said Robert, lord Roxburghe has discharged his duty most faithfully, as is commonly known to his majesty and estates of this present parliament, whereupon sufficient trial has been taken before them; and being of good, deliberate mind that the said good offices and services done by the said Robert, lord Roxburghe, with the great charges sustained by him shall be in some measure recompensed, and finding no better means for the present than that the whole temporal lands and rents, which pertained of before to the abbacy of Kelso and cell of Lesmahagow, which is a pendicle of the said abbacy, with the abbey places, cloisters, yards, orchards and all easements and commodities within the precincts of the same, with all and whole that part of the town lands and mains of Sprouston, mills, mill lands, multures, sucken and whole parts and pendicles thereof, which pertained of before to the priory of Charterhouse as a part of the patrimony thereof, and now pertain to his majesty by the act of annexation of the kirk lands within this realm to the crown, with all and sundry the teind sheaves, other teinds, fruits, rents, revenues, emoluments and duties, as well parsonages as vicarages, of all and sundry the parish kirks of the same benefices shall be granted and conveyed to the said Robert, lord Roxburghe, his male heirs and assignees heritably, as follows; as also considering that William [Kerr], commendator of Kelso, for many good and reasonable causes, with consent of his steward, has resigned, renounced and demitted in his highness's hands all and whole the said benefice of Kelso and cell of Lesmahagow, which is a pendicle thereof as said is, whole teinds, fruits and rents of the kirks of the same (except hereafter excepted) with the abbey places of Kelso and Lesmahagow, cloisters, houses, buildings, yards, orchards and all lands within the precincts thereof, to the effect the same may be conveyed by his majesty to the said Robert, lord Roxburghe and his foresaids, in manner and to the effect following, as the said demission bears; therefore his highness, with advice of the said estates of parliament, after sufficient trial taken therein by them of the whole premises and that the same are evident, reasonable and profitable causes for the well of his majesty's crown and realm, has dissolved and by this act dissolves all and sundry temporal lands and rents pertaining of before to the said abbacy of Kelso and cell of Lesmahagow, with that part foresaid of all and whole the said lands, mains and town of Sprouston, mills, mill lands, multures, sucken and whole parts and pendicles thereof, from the said act of annexation of the same to the crown, and from all other acts of annexation whatsoever, excepting always out of and from this present dissolution all and whole the lands of Bothill, with the mill of the same, the lands of Toircleuch, the lands of Hairheid, with the tower, fortalice and manor place of the same, and the lands of Bowscheilhill, with houses, buildings, yards, tofts, crofts, parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants of the said whole lands, with their pertinents, lying within the constabulary of Haddington and sheriffdom of Edinburgh, to Sir John Cockburn of Ormiston, knight, justice clerk, to be held of our sovereign lord in all time coming, for the yearly payment of £22 12d, according to his infeftment of the same, the said Lord Ormiston, his heirs and successors in the said lands relieving the said Lord Roxburghe and his successors in the lordship of Kelso of the said feu ferm duty yearly of £22 12d at our sovereign lord and his highness's collector's hands; and also has dissolved and, by this act, dissolves all and sundry the teind sheaves and other teinds, fruits, rents, revenues and emoluments, as well parsonage as vicarage, of all and sundry the parish kirks of the said benefices of Kelso and Lesmahagow from the said benefices and foundations thereof whereupon the same proceeded, except the teinds, parsonage and vicarage, of the kirks of Home, Gordon and Fogo, possessed by Alexander [Home], earl of Home, lord Jedburgh and Douglas etc., and the teinds of the lands and barony of Broxfield lying within the parish of Kelso, also pertaining to the said earl, being the old kindly possessions of the house of Home, and likewise excepting the kirk of Greenlaw and teinds thereof, the patronage whereof pertains to George [Home], earl of Dunbar, lord Berwick, by his highness's gift and disposition, which kirks and teinds respectively foresaid shall in no way be comprehended under this present dissolution, but are and shall be specially excepted therefrom and out of the infeftment following; and likewise has dissolved and by this act dissolves the said abbey places, cloisters, yards, orchards and all easements and commodities within the precincts of the same from the said benefices, and has suppressed and, by this act, suppresses the names and memories of the same benefices for now and ever to the effect the same whole temporal lands and rents of the said benefices (except before excepted), and that part of the said whole town, lands and mains of Sproustoun, with their foresaids, which pertained of before to the said priory of Charterhouse, with all and sundry the teind sheaves, others teinds, fruits, rents, revenues, emoluments and duties, as well parsonages as vicarages, of all and sundry the parish kirks of the same benefices (except before excepted), together also with the said abbey places, cloisters, yards and all bounds within the precincts of the same [which] may be granted and conveyed by his majesty to the said Robert, lord Roxburghe, his male heirs and assignees foresaid, and may be erected to them by his highness in a whole and free lordship and barony with all privileges, immunities and jurisdictions pertaining to a free lordship and barony held of his highness and his successors in free blench, for yearly payment of 400 merks money of this realm in name of blench ferm as for payment to the ministers serving the cure at the said kirks to be nominated and presented and elected by his majesty and his successors of their yearly stipends, to be modified by the commissioners appointed to that effect, and therefore to be free of payment of all monks' portions, first fruits, fifth penny, third and all other duties whereunto his highness, his predecessors or successors had, has or in any way may have or pretend right in any time coming by virtue of whatsoever law, statute, acts of parliament, council or convention whatsoever made or to be made in the contrary, which his highness and estates foresaid for the cause above-specified renounce and discharge forever by this act; ordaining the said lordship to be called in all time coming the lordship and barony of Halidean, and that sufficient heritable infeftment may be granted by his majesty thereupon in favour of the said Robert, lord Roxburghe and his foresaids in such due and competent form as appropriate, for making of the which infeftment, this act shall be a sufficient warrant; which infeftment likewise our said sovereign lord, with advice of his said estates, now as if the same were perfected and made and then as now, for his highness and his successors, ratifies and approves forever by this act, reserving always and excepting out of this present act and erection foresaid all regality and all privileges thereof if any be possessed by the abbots and titulars of Kelso of before, to remain with our sovereign lord and his highness's successors and their crown inseparably in all time hereafter.

  1. NAS, PA2/17, f.23v-24r.