The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 16 April 2024

[A1609/4/4]1

Erection of Holywood to [Thomas Kirkpatrick of] Closeburn

 James Rex

2Our sovereign lord and estates of this present parliament, remembering the good, true, faithful and thankful service done by his majesty's beloved3 Sir Thomas Kirkpatrick of Closeburn, knight, not only in his highness's private and particular services from his majesty's infancy to his highness's preferment to the kingdoms of England, France and Ireland, and continually since then in attending upon his majesty's most sacred person at all times and occasions, but also in the public affairs of this realm of Scotland which were entrusted to the said Sir Thomas, greatly tending to the common welfare, peace and tranquillity of the same and lieges thereof, which service is sufficiently tried, verified and known to his majesty and whole estates of this present parliament to have been very profitable to his majesty, this realm and lieges thereof, in the which services, both private and public, the said Sir Thomas has sustained and disbursed large charges and expenses, which is well-known to his majesty and estates aforesaid. 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 aforesaid dissolve, all and sundry lands, baronies, castles, towers, fortalices, manor places, mills, multures, woods, fishings, annual rents, kanes, customs, casualties, emoluments and duties whatsoever of the temporality of the abbacy of Holywood from the act of annexation made in the parliament held at Edinburgh on 29 July in the year of God 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown,4 together with the parish kirks of Holywood, Dunscore, Penpont,5 Tynron and Kirkconnell, lying within the sheriffdom of Dumfries, parsonages and vicarages thereof, with all and sundry teinds, fruits, rents, emoluments and duties pertaining and belonging thereto, from the said abbacy of Holywood and benefice thereof, unto which the same pertain and pertained of old as a part of the patrimony thereof, to the effect that his majesty may give, grant and convey6 to the said Sir Thomas Kirkpatrick of Closeburn, knight, in liferent for all the days of his lifetime, and to Alexander Kirkpatrick, his second7 lawful son, and his heirs male lawfully to be procreated of his own body, which failing to George Kirkpatrick, third lawful son to the said Sir Thomas, and to the heirs male lawfully to be procreated of his own body, which also failing to the heirs male and assignees of the said Sir Thomas whatsoever bearing the surname and arms of Kirkpatrick, in fee heritably, all and sundry the particular8 lands, baronies, castles, towers, fortalices, manor places, mills, multures, woods, fishings, annual rents, kanes, customs, casualties, emoluments and duties whatsoever pertaining and belonging to [the temporality of] the said abbacy of Holywood;9 together with the advocations and donations and [right of patronages of the] parish kirks respectively above-specified, [par]sonages and vicarages th[ere]of, and all right, [title, interest and] claim of right which his majesty, or highness's predecessors, had, has or in any way may have or cla[im thereto, or any part] thereof, by any manner of way in time coming; and also to the effect that the same be [united, erected, ordain]ed, created and incorporated in a whole and free barony, to be called now, and in all [time coming], the barony of Holywood; and likewise to the effect that the said abbacy or mon[astery] of Holywood may be suppressed and extinguished perpetually in all time coming, and that no person, [nor] persons, be provided thereto in any time hereafter, renouncing and discharging all right and titles which his majesty or his successors had, has or may have or pretend in and to the thirds of the fruits of the said abbacy by whatsoever rights, acts of parliament or laws of this realm; discharging his highness's collectors present and to come of all uplifting of the said thirds simply and forever, revoking, discharging and annulling all pensions conveyed out of the thirds of the said abbacy in any time bygone, and declaring the same to be null in all time coming;10 and willing and granting that no monks' portions be uplifted out of the same, which his majesty, for his highness and his successors, renounces and discharges simply and forever; and ordaining the place of Holywood within the precinct thereof to be the principal dwelling place of the said barony for taking of sasine thereat in all time hereafter, and that the same sasine shall be sufficient for all and sundry lands, baronies, mills, multures, woods, fishings, castles, towers, fortalices, manor places, annual rents and others aforesaid which pertain to the temporality of the said abbacy of Holywood, together with the advocation, alienation and right of patronage of the parish kirks above-written, parsonages and vicarages thereof, and for every part of the same, without any other special or particular sasine to be taken at any other part thereof, notwithstanding that do not lie adjacent together, to be held of our said sovereign lord and his successors in free blench, free heritage and free barony for ever, paying for that yearly the said Sir Thomas Kirkpatrick of Closeburn, knight, during his lifetime, and after his heirs, the said Alexander Kirkpatrick, his second lawful son, his heirs, successors and assignees aforesaid, to our said sovereign lord and his successors the sum of […] money of this realm of Scotland in name of blench ferm at the feast of Whitsunday [May/June] only.11 With command to the director and clerks of the chancellery to extend and issue a charter upon the signature to be made hereupon and to the keeper of the great seal to append the same thereto without passing any other register or appending any other seal thereto, for the which this document shall be thereof sufficient warrant; and also with command to the clerk of register and his deputes to extend an act hereupon in more competent form with all requisite clauses.

1222 June 1609

22 June 1609. Read, voted and passed in articles without prejudice of the kirk of Penpont to Drumlanrig and without prejudice of the president's pension.

1324 June 1609

Read, voted and passed in parliament without prejudice of the kirk of Penpont to Drumlanrig and the collector's pension out of the feu duties of Holywood, and without prejudice of the whole lands to [...]14 held by the Lord Maxwell free of the abbacy of Holywood contained in this ticket and the mills of Cluden.

15Memorandum anent the erection of Holywood

  • Before the extracting of the act the king's blench duties must be modified
  • The ministers' stipends must be modified
  • All regalities must be excepted, which I have done, else
  • I doubt if it be lawful
  • I doubt if it will please the king and bishops that the advocation and donation of the vicarages of the kirks of Holywood be at Closeburn's gift hereafter. I believe there was some order taken with the vicarages in all bygone erections and I would [recommend] that same order be kept in this.16
  1. This title is mentioned in the printed 'A table of the particular acts and others ... not imprinted' in the contemporary collection of printed acts, Sir John Skene, The Lawes and Acts of Parliament made be the most excellent and mightie king and monarch, James ... since his majesties XV parliament the XIX day of December 1597 (Edinburgh, 1611), p.40. Although not extant in the main register, draft copies of the act can be found in NAS, PA7/2/17 'Closburne erecteing Haliewood 1609' (the main source used here), with a second copy (minor differences, as noted) to be found in NAS, PA6/2, '24 June 1609'.
  2. 'In the parliament held at Edinburgh on 24 June in the year of God 1609' in PA6/2 version only.
  3. 'his majesty's beloved' not in PA6/2 version.
  4. PA6/2 marginal addition reading 'except the particular lands, mills, office of bailiary and others after-excepted in this present act'.
  5. 'Penpont' scored out in PA6/2 version.
  6. 'to the effect underwritten. And therefore our said sovereign lord and estates of parliament give, grant and convey' in PA6/2.
  7. 'oldest' in PA6/2.
  8. Note, interpolations taken from PA6/2 version due to damage to PA7 mss.
  9. Marginal addition in PA6/2 reads 'except as is after-excepted'.
  10. Marginal addition in PA6/2 reads 'except the pension granted to Mr John Preston of Penicuik, president of the college of justice, by our sovereign lord out of the fruits of the said abbacy of Holywood'.
  11. Final clause reads as follows in PA6/2: 'Excepting always from this act the mills of Holywood called the mills of Cluden with the mill-lands, thirl, multures, sequels and whole pertinents thereof, and the lands called the Carse, all lying within the lordship and barony of Holywood; the sixteen pound land of Keir, four pound land of Barndennoch, four pound land of Kirkbride, three pound land of Barjarg, Fardingjames and Barboy [possibly either Barbuie or Barraby, both in vicinity of Holywood], forty shilling land of Blackwood and Ranaldstoun, forty shilling land of Barscotland [?], four pound land of Allanton, twenty shilling land of Swyre, six merkland of Baltersan with the tower and fortalice thereof, the three merkland of Glennisland, the mill of Keir and Allanton with the multures of the same, all lying within the said barony of Holywood; and the office of the bailiary of the said lands of Holywood and which were all held by the lords Maxwell from the abbots of Holywood of before, and determining and declaring the same particular lands, mills and office above-written, except as said is, in no way to be comprehended within this present act granted in favour of the said Sir Thomas, his said sons and their said heirs aforesaid, excepting likewise from this present act all regalities, if any be, of the said lands and others aforesaid, to our sovereign lord and to his highness's successors forever'.
  12. Written below act in PA7.
  13. Marginal note in PA7.
  14. Worn section.
  15. The following paper accompanies the version of the act found in PA6/2 and is the same hand of the annotator of this act.
  16. The 'ticket' mentioned in the margin of the above act in PA7/2/17 can be found at PA7/2/18 entitled 'A list of the lands belonging to the abbacy of Holywood, 1609'. It begins: 'The mills of Holywood called the mills of Cluden with the mill-lands, thirl, multures, sequels and whole pertinents thereof'. This is then followed by a list of the lands as detailed in PA6/2 version and it ends with the following endorsement: '24 June 1609, read, voted and passed in parliament'.