The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1612/10/71]1
Act in favour of [Michael Balfour], lord [Balfour of] Burleigh
2Our sovereign lord, with advice and consent of the three estates of the parliament of his highness's kingdom of Scotland presently convened, considering the princely clemency which binds his majesty in the example of his most noble progenitors to impart to his most loving subjects such honours and dignities as their merits and virtuous acts in great services and profitable offices to his highness and the common good justly requires, and his majesty, remembering the many great, true and thankful services done to his highness by his majesty's right trusty cousin and councillor Michael, lord Balfour of Burleigh, and of his earnest affection to continue with his loyal behaviour and deportment in his highness's services and affairs so often as he has been employed therein, either within his majesty's kingdom of Great Britain, or otherwise in his message and embassy to foreign princes, tending to his highness's honour, contentment and the public well of his majesty's dominions, with the full discharge of his duty in all such things as were committed to his charge; in recompense whereof and of the great charges sustained by him in the said services, his majesty of his princely clemency cannot remit to remunerate and acquit by such gratification as is now possible and with least hurt to his majesty's crown of his highness's kingdom of Scotland. And likewise his majesty, considering that the monastic superstition of monasteries, abbacies and other societies of the clergy sometime received within this realm of North Britain, not only is abolished and by the laws and acts of his majesty's parliament and council perpetually damned and suppressed, but also the abbots and priors who were administrators thereof with their convents for the most part are deceased and no other persons hereafter to succeed to them; and in that respect his majesty, being of deliberate mind and intention, for the increment of policy within this kingdom of North Britain and for the good estate of his subjects, that the said whole abbacies, priories and others which were conveyed of old to monastic uses (now ceasing) shall be erected in temporal lordships and baronies, to be conveyed by his majesty and his successors to his loyal subjects upon worthy considerations for the better increment of civility and policy within this realm, likewise the most part of the said abbacies, priories and others above-written are by special acts and statutes of this realm in parliament already erected and converted in temporal lordships; and his majesty, having now by special instructions proposed to the said estates of parliament the foresaid great and faithful services done to his highness and for the particular common welfare of the realm of Scotland by the said Michael, lord Balfour of Burleigh, and the said estates having thereupon taken full trial and verification, they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be and to have been great, evident and reasonable causes for the well of his majesty and of his said highness's regime of Scotland. As also his majesty and estates foresaid find, decree and declare that his highness, with their advice and consent, may for the said causes which they have tried and known to be for the evident well of his majesty and of his highness's realm of Scotland as said is, alienate and convey any part of the lands and living annexed to the crown to the said Michael, lord Balfour of Burleigh, his heirs and successors, to be held in such form and manner and for such yearly duty and service as his majesty best pleases, and to that effect that the annexation to the crown of the same lands that are to be alienated and conveyed shall be simply dissolved from the crown that they may be alienated and conveyed to the said Michael, lord Balfour of Burleigh, his heirs and assignees. And the said estates, being ripely and gravely advised what his majesty may alienate and convey with least detriment to his highness's yearly rent and crown, the said estates all in one voice have found and declared and, by the tenor hereof, find and declare that the temporality, property and superiority, with the feu ferms and duties of the abbacy and monastery of Kilwinning, situated within the sheriffdom of Ayr, being in his majesty's hands by reason of the general annexation of the kirk lands of this realm to the crown by special act made relating thereto in the parliament held at Edinburgh upon 29 July 1587, may, with least detriment to his majesty or hurt to the rent or revenue of the crown, for the evident causes above-written, be conveyed by his majesty to the said Michael, lord Balfour of Burleigh, his heirs and assignees whatsoever heritably, in most ample form; and therefore the said estates of parliament find it necessary and expedient that our said sovereign lord, by his highness's infeftment to be made with advice of his majesty's ordinary officers, shall erect, unite, create and incorporate all and sundry the lands, baronies, mills, woods, fishings, annualrents and others whatsoever pertaining to the said abbacy of Kilwinning by their names in special wherever the same lie within this realm of Scotland, which was of before the temporality of the said abbacy, in a whole and free barony and estate of a lordship of his highness's parliament, and that the same, with all privileges and commodities pertaining thereto, together with the honour, dignity and estate of a lord of his majesty's parliament, with badge and arms for the causes foresaid, shall be alienated and conveyed by his majesty to the said Michael, lord Balfour of Burleigh, his heirs and assignees whatsoever heritably, to be held of his majesty and his successors in free lordship and barony, with the honour and dignity of a lord of parliament in free blench for ever; and to that effect his majesty and estates foresaid of parliament dissolve, annul and infringe the said general annexation of the kirk lands of this realm of Scotland to the crown in so far as it may be extended to the said temporality of the said abbacy of Kilwinning only, and ordain the infeftment to be made hereupon to be extended in most ample form, bearing an union and incorporation of all the particulars in a lordship and barony, with a special remit and discharge of the thirds of the said abbacy of Kilwinning, as well victual as silver, together with all monks' portions, first year's fruits and fifth penny of the same, so far as the same was taken out of the temporality of the said abbacy; as also to bear and contain provision that the said lordship shall pay all taxations with the temporal lords for the said temporality, accounting the same lordship to [...] pound lands of old extent; and that the said Lord Burleigh, his heirs and assignees shall have their relief off all the heritable tenants and other tacksmen of the said lands, kirks and teinds after the rate and quantity of their lands and teinds so often as the said taxations shall occur; and with express power to Michael, lord Burleigh, his heirs and assignees to retreat and reduce whatsoever infeftments, tacks, assedations, rights and titles of any part of the said lands, mills, woods, fishings and others whatsoever cause competent of the law, with all other clauses and provisions which shall be needful for the said Michael, lord Burleigh and his heirs for possessing of the said lordship and barony; and to the foresaid alienation and disposition, now as if it were already made and then as now, his majesty and the said estates of parliament have interposed and interpose their consent and authority as that deed which is now and shall be in all times hereafter esteemed and judged for the well of his majesty and for the evident profit and commodity to his crown and realm of Scotland, excepting always out of this present erection of the temporality of the said abbacy of Kilwinning all regalities to be reserved to our said sovereign lord and to his highness's successors for ever. And further, the said estates declare that it shall not be permissible to the said Lord Burleigh, nor to his heirs, to sell, alienate and convey from them to whatsoever other person their right of the said abbacy and temporality of Kilwinning, presently erected in manner foresaid, without the special advice and consent of [Alexander Seton, earl of Dunfermline], lord chancellor, [James Hamilton], lord marquis of Hamilton, [John Spottiswood], archbishop of Glasgow and [James Law], bishop of Orkney, or the most part of them that shall be alive, first had and obtained thereto.
- NAS, PA2/18, f.22r-v.
- Marginalia at line 17 refers to the 'Abbacy of Kilwinning'.