2Act in favour of [William Douglas], earl of Morton

Our sovereign lord and estates of this present parliament, remembering and perfectly understanding the good, true and thankful service done by his highness's right trusty cousin William, earl of Morton, lord Dalkeith, and his predecessors, not only in his highness's private and particular affairs since his majesty's infancy, but also in the public affaires of this realm of Scotland, greatly tending to the common good, peace and tranquillity thereof and lieges of the same, in the honourable discharge of sundry great commissions entrusted to them by his majesty, his council and estates of the said kingdom, as also having respect to the notable and faithful service done by his said right trusty cousin to his majesty in accompanying and attending upon his highness's most sacred person in his journey from this realm of Scotland to the country of England after his highness's preferment to the crown of both the said kingdoms, and remaining thereafter with his majesty employed in his service during his highness's gracious pleasure, which service is sufficiently tried, verified and known to his majesty and estates of this present parliament to have been very profitable to his highness, this realm and lieges thereof; in the which service the said William, earl of Morton has sustained and disbursed great charges and expenses known to his majesty and estates foresaid. In recompense whereof, our said sovereign lord and estates of this present parliament ordain an act to be made in due and competent form dissolving, likewise his majesty and estates foresaid dissolve all and sundry the lands and others particularly underwritten, namely: all and whole the lands of Colquhar, alias Couloquhair, all and whole the land of Cowrie, all and whole the lands of Yetbyris, all and whole the lands of Kirkfield, all and whole the lands of Cristelshaw, all and whole the lands of Blakisuill, all and whole the lands of Powdanna, all and whole the lands of Powmuck, all and whole the lands of Powcleif, all and whole the lands of Glendearg, all and whole the lands of Cassock, all and whole the lands of Fingland, all and whole the lands of Aberlosk, all and whole the lands of Middillawheid, all and whole the lands of Raeburn, all and whole the lands of Harwood, all and whole the lands of Middleburn, all and whole the lands of Tynnynghill, all and whole the lands of Johnstone, all and whole the lands of Vaccariote, all and whole the lands of Todshaw Hill, all and whole the lands of Vattirokgrang, all and whole the lands of Garnaldhous, all and whole the lands of Crewkithewich, all and whole the lands of Dumfedling, all and whole the lands of Cubinburne, all and whole the lands called the Kirkland, with all and sundry the teind sheaves of all and sundry the forenamed lands, which teind sheaves of the whole lands above-specified, with the pertinents, were never separate from the stock lying within the regality of Melrose, stewartry of Annandale and sheriffdom of Dumfries respectively, with all and sundry towers, fortalices, mills, multures, woods, fishings, annexes, connexes, outsets, parts, pendicles and pertinents whatsoever of all and sundry the lands, teind sheaves and others above-specified lying as said is, which were formerly united, created and incorporated in a whole and free tenancy called the tenancy of Dumfedling, together with the feu mails and duties of the same lands above-written, with the pertinents and teind sheaves thereof included, from the act of annexation made in the parliament held at Edinburgh, 29 July 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown. And also his majesty and estates foresaid, understanding that the commendator and convent of the said abbacy of Melrose have lawfully demitted the parish kirk of Westerkirk, parsonage and vicarage thereof, lying within the said stewartry of Annandale and sheriffdom of Dumfries foresaid, with all and sundry teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto to the effect after-specified, therefore our said sovereign lord and estates foresaid have dissolved and, by this act, dissolve the foresaid parish kirk of Westerkirk, parsonage and vicarage thereof, with all and sundry teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto from the abbacy of Melrose and benefice thereof, whereunto the same pertains and pertained of old as a part of the patrimony thereof, to the effect his majesty may give, grant and convey to the said William, earl of Morton, his male heirs and of tailzie contained in the infeftment of the earldom of Morton and lordship of Dalkeith heritably, all and sundry the lands and others particularly above-written with the teind sheaves thereof included, and all and sundry their towers, fortalices, mills, multures, woods, fishings, annexes, connexes, outsets, tenants, tenancies, service of free tenants, feu ferms, parts, pendicles and pertinents of the same whatsoever lying as said is, together with all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the said parish kirk of Westerkirk, parsonage and vicarage thereof, and pertinents of the same, and all right, title, interest and claim of right which his majesty, his predecessors or successors had, has or in any way may claim thereto or any part thereof by any manner of way in time coming, and to the effect the same may be of new erected, created and incorporated in a whole and free tenancy to be called now and in all time coming the tenancy of Dumfedling, and a sasine to be taken upon the ground of the said lands of Dumfedling to be sufficient sasine for all and sundry the lands, teinds and others particularly above-written. And further, our said sovereign lord and estates foresaid decree and ordain that the lands, teinds and others above-written shall never be taxed hereafter amongst the kirk lands or kirk livings with the prelates or ecclesiastical estate in any taxations, contributions or other burdens to be imposed upon this whole realm, but that the same shall be taxed according to the just value and rent thereof with the barons and temporal lords of this realm, and that the same lands, teinds and others above-specified, with their pertinents, shall be esteemed, judged and retoured in all services and retours in all time coming and in the said taxations to the sum of £40 money of this realm of Scotland of old extent, and to the double value thereof, extending to the sum of £80 money foresaid of new extent only. Moreover, his majesty and estates foresaid ordain sufficient and qualified ministers to be nominated and presented by his majesty and his highness's successors to serve the cure at the said kirk of Westerkirk, and that they for their stipend and honest satisfaction shall have thankfully paid to them by the said William, earl of Morton, his male heirs of tailzie and successors to him in the lands and others above-specified the sum of 500 merks money foresaid, together with a sufficient manse and glebe at the said kirk only. Likewise his majesty, with advice foresaid, renounces all right and title which his highness or his successors had, has or in any way may have or claim in and to the thirds of the said kirk of Westerkirk and of the lands and others above-specified with their pertinents, together with the monks' portions, first year's fruits and fifth penny of the same or any part thereof of all years and terms to come; declaring, decreeing and ordaining that the same lands, teinds and others above-written to be free of all payment of the said thirds, monks' portions, first year's fruits and fifth penny in all time coming, notwithstanding of whatsoever acts or laws made in the contrary, and discharging all his highness's officers present and to come from intromission therewith in any time hereafter, to be held of our sovereign lord and his successors in free blench, free heritage and free tenancy for ever, paying thereof yearly to our said sovereign lord and his successors the sum of 40 merks good and usual money of this realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm, and also paying yearly to the minister serving the cure at the said kirk of Westerkirk the yearly duty above-expressed at the terms of payment used and wont, and furnishing bread and wine yearly to the celebration of the communion yearly within the said kirk, and relieving the said minister of all taxations to be imposed upon the teinds, fruits and rents of the said kirk and of the reparation and building of the same kirk in all time coming only.

  1. NAS, PA2/17, f.57r-58r. f.58v is blank.
  2. '53' written in margin beside heading.