[1612/10/41]¹

Ratification of the letter of pension granted by his highness to George and James Preston, sons to Master John Preston [of Penicuik], president

Our sovereign lord and estates of this present parliament, considering that his majesty in respect of the long, true and thankful service done to his highness by his right trusty and familiar councillor Master John Preston of Penicuik, president of his majesty's council and session, in diverse employments committed to him at sundry occasions, and therewith of his great diligence and continual attention in exercising of the office of president in the session and college of justice in this his highness's kingdom of Scotland, to the approbation and contentment of all his highness's good lieges; and that his majesty, willing to gratify the said Master John in his old age by granting of a yearly pension to George and James Preston, his sons, to remain with them after his decease as a memorial and testimony of his highness's most gracious favour towards him, for his great zeal, approved care and affection to his majesty's service, therefore, and for diverse other good respects and considerations, has of late, with advice of [Sir John Arnott of Birswick], his highness's treasurer depute, and receiver of his highness's rents and lords of his highness's privy council and exchequer, given, granted and conveyed to the said George and James Preston, sons to the said Master John Preston, during all the days of their lifetimes and to the longest liver of the two, without division, all and whole a yearly pension of £1,000 money of Scotland, to be uplifted and paid to them yearly during the said space out of the readiest fruits, rents and duties of his highness's patrimony, property and casualties whatsoever within his highness's kingdom of Scotland. And for the more sure payment thereof to the said George and James Preston during their lifetimes, and longest liver of the two without division as said is, his majesty has assigned to them the blench duty of the lordship of Arbroath erected in favour of his highness's trusty cousin and councillor James [Hamilton], marquis of Hamilton, extending yearly to £500 money foresaid, and the rest of the said pension extending to another £500 to be paid to them during the time foresaid out of the readiest of his highness's great customs of this his kingdom by his highness or his deputes and other receivers thereof, or by the tacksmen or intromitters therewith, notwithstanding whatsoever laws or constitutions made in the contrary or which might make derogation thereto, concerning which his majesty, with consent foresaid, of certain knowledge, for the causes above-specified, has dispensed for ever, as the said gift of pension under his highness's privy seal of the date [...] April 1611 more at length purports; which letter of pension his majesty faithfully promised in the first word to ratify and approve in his majesty's first parliament next thereafter following, likewise his majesty has directed his special warrant to that effect, to the end the same may induce as a perfect security to the said George and James Preston during the space foresaid; and which letter of pension, being at length read and considered by the estates of this present parliament, and the said estates having tried and considered the causes and respects of the giving of the said pension, and finding the same to be necessary and profitable causes tending to his majesty's well and profit of the whole country, and that the said Master John Preston's service has justly deserved the same, therefore his majesty and estates of this present parliament have ratified and approved and, by the tenor of this present act, ratify, approve and confirm the said gift of pension granted and given to the said George and James Preston, sons lawful to the said Master John Preston, during all the days of their lifetimes, and longest liver of the two without division, in all and sundry heads, points, clauses and articles therein contained, and will and grant and, by this ratification, decree, ordain and declare that this present ratification shall be as valid, effectual and sufficient in all respects to the said George and James Preston in the same way as if the said letter of pension were inserted at length word for word in this present act. And for the said George and James's better security, his majesty and estates foresaid, for certain great and weighty causes and considerations moving them, have dissolved and, by the tenor of this act, dissolve the said blench duty of the erected lordship of Arbroath, together with so much of the said customs as extend to the said sum of £500 conveyed in pension as said is, from the patrimony of his majesty's crown during the said George and [James's] lifetimes and the longest liver of the two as said is only, and further have after the said dissolution given and granted, likewise by this ratification, for the cause above-written, give, grant and convey to the said George and James Preston during all the days of their lifetimes and to the longest liver of the two without division, all and whole the said yearly pension of the sum of £1,000 money of Scotland, to be yearly uplifted and paid to them in manner specified in the said gift and to be peaceably possessed and enjoyed by them during the space therein contained; and will and decree that this ratification shall stand as an effectual gift and valid right to the said George and James Preston to the effect foresaid, notwithstanding of whatsoever acts of annexation annexing the customs and blench duties of erected lands, and notwithstanding of whatsoever acts or statutes already made whereby all pensions or dispositions of the blench duties of the erected lands or out of his highness's customs or property are annulled and discharged, with the which and all other acts, statutes and others whatsoever already made or to be made which may in any way derogate hereto, his majesty and estates foresaid, from a certain knowledge and of their own volition, dispense for ever, to the effect the same may be a valid, right and effectual gift to the said George and James Preston for possessing of the said pension during their lifetimes and the longest liver of the two without division.