[1592/4/127]¹

Act in favour of the commendater of Melros anent certane few landis thairof

²Forsamekle as in the parliament haldin at Edinburgh, the tuentie nynt day of Julii the yeir of God j^M v^C fourscoir sevin yeiris, it was askit and desyrit be Frances, sumtyme erll Bothuill, that, for dyverse respectis and considerationis, oure soverane lord wald gratifie him with all the rowmes, landis, heretage, takis and possessionis quhilkis pertenit to umquhile James, sumtyme erll Bothuill, to the quhilkis the said Frances wald have succedit as narrest and lauchfull air to him, gif he haid nocht bene impedit and debarrit fra the said successioun be the foirfaltour led aganis the said umquhile James, sumtyme erll Bothuill; and to the effect foirsaid, it wes desyrit that oure said soverane lord, with avise of his thre estaitis than convenit in parliament, wald rescind and reduce nocht onlie the infeftmentis of landis, lordschippis and baronies quhilkis pertenit to the said umquhile James, sumtyme erll Bothuill, haldin of oure said soverane lord immediatlie, bot als the presentationis to landis haldin of all utheris superiouris with the infeftmentis following thairupoun; and als it wes cravit be the said Frances, sumtyme erll Bothuill, that he micht be repossest in all landis, takis, rowmes and possessionis of the quhilkis the said umquhile James sumtyme wes dispossest be reasone of the procesis of foirfaltour led aganis him and that for the said repossessioun lettrez micht be directit upoun ane charge and sex dayis warning, at the quhilk tyme oure said soverane lord and his saidis thre estaitis yeldit to the said petitioun in sa far as concernit the auld leving of the erledome of Bothuill and but hurt or prejudice of the heretable tennentis thairof and na utherwayis, quhilk his majestie, at that tyme, micht have convenientlie done, seing all the said umquhile Erll Bothuillis auld leving of the said erledome immediatlie haldin of oure soverane lord became in his hienes handes be ressone of the said foirfaltour and wer disponit be his regentis in his minoritie and less aige to dyverse personis, bot the foirsaidis landis, nochtwithstanding the samyn became in his hienes handes be the generall revocatioun as be the contrair the landis quhilkis wer haldin of ane uther superiour culd nawyis returne to oure said soverane lord as propirtie, bot the presentatioun of ane heretable tennent to the superiour onlie pertenit to his majestie as oure soverane lord wes bund be the law to present ane sufficient tennent to the said superior, quhilk presentatioun micht nevir cum under revocatioun, as in veritie the said umquhile James, sumtyme erll Bothuill, held dyverse landis haldin of the said abbacie of Melros, in the quhilkis oure said soverane lord presentit heretable tennent to the commendater and convent for the tyme, quha gaif theme heretable infeftment efter the forme and tennour of the saidis presentationis, quhilkis culd nocht be retreitit be oure said soverane lord nor his thre estaitis of parliament for the ressone foirsaid; and nevirtheless, the act of parliament maid upoun the said petitioun wes inconsideratlie and, be owersicht, amplifiet according to the said petitioun; and thairfoir James, now commendater of Melros, and heretable fewer of ane gryt part of the temporall landis thairof be dispositioun maid to him and his predicessouris be the personis quha wer heretablie infeft be vertew of the saidis presentationis, obtenit oure soverane lordis lettrez chargeing the clerk of register and the said Frances, sumtyne erll Bothuill, for his entress, to compeir befoir the lordis of counsell and sessioun at ane certane day; that is to say, the said clerk of register to bring with him the said originall petitioun, with the anser gevin thairto, and the said Frances, sumtyme erll Bothuill, to bring with him the act of parliament formit and extractit upoun the said petitioun, to have bene sene and considderit be the saidis lordis and to have hard and sene sic ordour takin thairwith as apertenit. Quhilk mater being callit at Edinburgh, the xiiij day of Merch, the yeir of God j^M v^C fourscoir aucht yeiris, and the said James, commendater of Melrose, being personallie present, and the said Frances, sumtyme erll Bothuill, being alsua personallie present, quha producit the said act of parliament subscryvit be the said clerk of register of the dait the said xxix day of Julii, the yeir of God j^M v^C lxxxij yeris; and lykwayes comperit the said clerk of register and schew and producit the said article, with the principallis minuttis rasit thairupoun, quhilk being considderit, efter that the mater wes at lenth ressonit in his majesties presence be baith the saidis parties and procuratouris, the lordis of counsaill, in presens of his majestie, decernit and ordanit the foirsaid act of parliament extractit and subscryvit be the said clerk of register, and than producit for the part of Frances, sumtyme erll Bothuill, togidder with the originall article quhairupoun the samyn procedit, to remane and abide in the handes of the said clerk of register till the nixt parliament, and that na extract of ony of thame be gevin out to ony of the saidis parties in the meantyme, to the quhilk nixt parliament the saidis lordis remittit the decisioun of the said complaint, and all questioun that micht follow thairupoun. And now the said article, with the minuttis maid thairupoun and haill circumstances of the said mater, being at lenth tryit be his majestie and his estaitis in this present parliament, thay have fund, decernit and declarit and, be the tennour heirof, findis, decernis and declaris that the benefite grantit to the said Frances, sumtyme erll Bothuill, be the foirsaid act wes alluterlie restrictit to the landis, lordschippis and baronies quhilkis wer of the auld leving of the erledome of Bothuill, and but prejudice of the heretable tennentis thairof. And als oure soverane lord and his saidis estaitis of parliament hes fund and declarit and, be the tennour of thir presentis, findis and declaris that the said act of parliament micht nor culd nocht be onywayes extendit to quhatsumevir landis, lordschippis or baronies quhilkis the said umquhile James, sumtyme erll Bothuill, held of uther superiouris by oure soverane lord, and in the quhilkis his majestie haid befoir presentit heretable tennentis to the saidis superioris. And in speciall, oure said soverane lord findis and declaris that the said former act, nor na part thairof, is nor salbe extendit to ony of the landis of the said abbacie of Melros pertening in propirtie to the said commendater be reasone that his hienes haid presentit ane heretable tennent to the saidis landis lang befoir the said act. And thairfoir his hienes and his saidis estatis hes retreitit, cassit, annullit and, be thir presentis, retreittis, casis, annullis the said former act in all the pointis, heidis and articles thairof, safar as concernis quhatsumevir landis nocht haldin of oure soverane lord befoir the said act of annexatioun, and hes limitat and astrictit and limittattis and astrictis the said former act to the landis, lordschippis and baronies immediatlie haldin of oure said soverane lord befoir the said act of annexatioun, quhilkis wer of the auld leving of the said erledome of Bothuill allanerlie.