[1617/5/55]¹

Ratification to [Francis Hay], earl of Erroll

Our sovereign lord and estates of this present parliament, understanding that the office of great constabulary of this realm of Scotland pertains heritably to his highness's trusty cousin Francis, earl of Erroll, lord Hay and Slains, and that he and his predecessors have dutifully used and discharged the said office, and by themselves and their deputes have possessed and enjoyed all honours, dignities, liberties, privileges, profits and casualties belonging thereto, continually from time to time, past many ages and memory of man; and his majesty, being always careful that the said office remain and continue in the own integrity, and that the same by his highness or his successors' absence out of this realm of Scotland and their remaining within the kingdom of England be not hurt, prejudiced or impaired in any of the privileges or dignities thereof; and considering also how necessary and requisite the discharge of the said office and execution of the privileges thereof is for the repressing and punishing of all persons transgressors therein, therefore his majesty, with advice and consent of the estates of this present parliament, has ratified, confirmed, allowed and approved and by the tenor hereof for his highness and his successors ratifies, confirms, allows and approves the foresaid office of constabulary of this realm of Scotland with all rights and titles granted to the said Francis, earl of Erroll, or to any of his predecessors thereof, together with all dignities, honours, liberties, privileges, pre-eminences, profits, casualties and duties belonging thereto, and wherein the said noble earl or his predecessors or their deputes in their name have been in use and possession at any time of before; and also by this present act finds, declares and, with consent foresaid for his highness and his successors decrees and ordains that the said office of constabulary is and shall be possessed, used and discharged by the said Francis, earl of Erroll and by his successors and their deputes in all times coming within this realm of Scotland likewise and as freely and with as great liberty in all respects as if his highness or his majesty's successors were still resident and personally present, and notwithstanding of his majesty and his successors' absence forth thereof, by the which the said Francis, earl of Erroll and his successors and their deputes shall in no way be hurt nor prejudiced, but that the said office of constabulary shall be in all time coming in the same form and manner possessed and discharged by the said noble earl and his successors and their deputes with all dignities, liberties and privileges belonging thereto as they have done at any time heretofore, or as if his majesty and his successors were still resident and remaining within this realm and were in no way absent nor forth thereof as said is; and that during his majesty and his successors' absence out of this realm, the resident place appointed or at any time or times to be appointed hereafter for council shall represent and be equivalent to his majesty's royal person and presence in that case; and the said Francis, earl of Erroll, his successors and deputes to enjoy and possess the said office of constabulary with all honours, privileges, immunities, casualties, dignities and liberties belonging thereto likewise and in the same manner as if his majesty or his successors were present in proper person at the said place or places of council appointed or to be appointed as said is.