[1593/4/48]¹

²Act concerning the quenis majesties richt to the thrid of Dumfermling and compensatioun for samekle as presentlie wantis thairof

Forsamekle as immediatlie efter the mariage contractit and solempnizatt betuix the king and quenis majesties, oure soveranis lord and lady, his hienes, for the singular luif and affectioun borne toward hir, gaif, grantit and confermit to hir in forme of morrowing gift all and haill the lordschip of Dumfermling, with all baronies, landis, principall mansioun houses, yardis, pasturis, mylnis, multuris, mylnelandis, teyndis, alsweill greit as small, woidis, schawis, coillis, coilheuchis, fischingis and all utheris pertinentis thairof quhatsumevir, alsweill nocht namit as namit, alsweill under the eird as abone, lyand on the north pairt of the watter of Forth; quhilkis landis, baronies, with all abonespecifiit, his hienes ofbefoir haid unite, annext and incorporat in ane haill and frie lordschip for payment of ane silver pennie at the feist of Witsonday in name of blenche ferme, lyk as at mair lenth is contenit in the said gift daitit at Upslo in Norroway, the xxiiij day of November the yeir of God j^M v^C fourscoir nyne yeiris; and thaireftir his majestie wes infeft and gat possessioun and sesing of the said lordschip upoun the [...] day of Maii the yeir of God j^M v^C fourscoir ten yeiris, quhilk gift, infeftment and haill contract of mariage is ratifiet, apprevit and promessit to be accomplischit be his hienes and his estaitis, as his confirmatioun under his greit seill and under the seillis and subscripionis of his saidis estaitis daitit and deliverit to the ambassadouris of Denmerk upoun the xvij day of the said moneth of Maii the yeir of God foirsaid. As alsua in the parliament haldin at Edinburgh upoun the fyft day of Junii the yeir of God j^M v^C fourscoir tuelf yeiris, oure soverane lord, with avise and consent of his estaitis in parliament, ratifiit and apprevit the said contract of mariage, morowing gift and als the charter, precept and instrument of sesing gevin be his hienes to the quene, his darrest spous, according to the said contract off the palice of Linlithgw, with the lordschip and landis of the same, yardis, pasturis, lochis, fischingis, mylnis, multuris, coillis, coilheuchis, rentis, fermes, wictuallis, custumes, with advocatioun and donatioun of benefices, tennentis, tennandries, service of frie tennentis, annext and connext landis, partis, pendicles and pertinentis thairof quhatsumevir liand within the schirefdome of Linlithgw; and als the erledome of Fyff, with the palice and castell of Falkland, lordschip, landis, woddis, schawis, pasturis, rentis, fermes, dewties, custumes, mylnis, multuris, with advocatioun and donatioun of benefices, tennentis, tennandries and service of frie tennentis, annext and connext landis, partis, pendicles and pertinetis quhatsumevir, alsweill not namit as namit, lyand within the schirefdome of Fyff, and haill contentis thairof according to the said charter of the dait at Halyruidhous, the xj day of Maii j^M v^C lxxxx yeris. And further decernand and declairand that the said contract of mariage, haill claussis and contentis thairof, the said morowing gift, the said lordschip of Dumfermling renewit as said is abonespecifiit, the charteris, preceptis and instrumentis of seasing of the said erledome, lordschip and utheris abonespecifiit, to have bene maid and done to the honoure, weill and proffite of his majestie and his hienes croun and to the weill and commoditie of the haill realme, and thairfoir decernand and ordinand the same to stand effectuall and to be inviolablie and faithfullie observit, kepit and fulfillit in all pointis in all tyme cuming; and that the said decreit and sentence of parliament suld be extractit under the greit seill and seillis of the haill nobilitie, baronis, clergie and commissionaris of burrowis, lordis of articles of the said parliament gif neid wer, quhairthrow his hienes and his estaitis, representing the haill bodie of this realme, ar obleist to the accomplisching and fulfilling of the said contract, morowing gift, infeftmentis and titles maid to oure said soverane lady in maner befoir specifiit. Nevirtheless, becaus throw occasioun of sindrie unproffitable dispositionis maid of sindre partes of the fruittis and rentis of the said lordschip of Dumfermling, pairtlie befoir and pertlie after the said morowing gift, the full rentis of the said lordschip according as it is valued culd not be gottin and tymouslie brocht in to hir majesties propre use, oure said soverane lord hes bene dyvers tymes movet be his darrest brother, cousing and allia the king of Denmerk, and his ambassadouris in his name send in this realme, that the said morowing gift micht be maid gude to the quenis heichnes, and scho enterit in reall possessioun thairof to hir awin propre use. Quhairanent treaty being haid betuix his majestie and certane of his counsaill in his name and the ambassadouris of his said darrest bruther, cousing and allia the king of Denmerk, resolutioun is takin that hir majestie and hir chalmerlane in hir name salhave full and reall possessioun of the said lordschip of Dumfermling and sa mony of the rentis and fruittis thairof as ar presentlie frie and unviciat, and salhave alsua compensatioun out of the rentis and propirtie of the croun be infeftment of speciall landis and possessionis as will extend in certane and frie rent, all chargis deducit, to the sowme of sex thowsand pundis money of this realme yeirlie, to be uptakin and intromettit with be hir hienes awin chalmerlane in hir name and to hir behuif and propre use quhill sic partes of the rentis of Dumfermling as ar now possest be sum in lyverentis may accres be thair deceiss, and the pretendit titles now standand upoun the rentis and fruittis of the said lordschip of Dumfermling may be annullit and takin away be ordoure of law and justice, and the same rentis recoverit and maid peceable to be intromettitwith be hir hienes and hir chalmerlane to hir propre use and behuif, quhilk, God willing, is to be performed within the space of ane yeir and ane half, quhilk wilbe mair acceptable unto hir majestie; and ay as ony pairt of the rent of Dumfermling now viciat salbe recoverit, and hir hienes in peceable possessioun thairof, alsmekle of the said compensatioun out of the propirtie salbe relevit and returne to be ressavit and intromettit with be his hienes comptrollar to his majesties awin use. Mairattour, oure said soverane lord, considdering that the haill lordschip of Dumfermling, alsweill landis and teyndis, thrid as tua pairt, is conferrit to oure said soverane lady, his darrest spous, in hir morowing gift as said is, and that it is alreddie fund be his majestie be ane act maid with avise of the lordis and utheris of his hienes privie counsaill, sessioun and chekker, auctorized, allowed and approved sensyne be his estaitis in parliament that the thriddis of benefices and superplus thairof, being destinat for support of the publict effayres and sustentatioun of the ministrie, micht be disponit, gevin or employed na utherwayes bot to the said use and effect for quhilk thai wer appointit at the beginning; and siclyk that na pensionis, takis or lyfrentis of the said superplus micht or may be disponit in tyme cuming for ony langer space nor the space of ane yeir, and that efter the making of the yeirlie assignationis of the ministeris stipendis and sufficient provisioun for sustening of his majesties hous yeirlie, decernand and declarand all and quhatsumever pensionis, lyfrentis and takkis purchest or to be purchest quhairby the thriddis, superplus thairof or the first and best rentaillis thairof hes bene diminischit or alterit sen the first assumptioun of the saidis thriddis grantit ather be oure soverane lordis darrest mother or be his hienes self to quhatsumevir persoun or personis uppoun wrang report or inoportune sute without cognitioun preceding of the sustenation of the ministerie and sufficient provisioun for sustening of his majesties hous, to have bene fra the beginning and to be in all tyme cuming of nane availl, force nor effect nochtwithstanding quhatsumevir ratificationis or confirmationis following thairupoun. And lyk as the generall collectoure be himself, his chalmerlanis and under ressaveris in his name ar ordanit to ask, crave, ressave, intromett and uptak all and haill the thriddis of benefices within this realme unassignit to the ministerie quhair the first and best rentallis of the same ar alterit or diminischit sen the first assumption of the saidis thriddis off the croip and yeir of God j^M v^C lxxxvij yeiris, and siclyk yeirlie in tyme cuming according to the rentallis maid compt of in the yeir j^M v^C fourscoir foure yeiris and last thairof; and gif the saidis thriddis be diminischit or hurt onywayis be the saidis last rentallis and assumptionis of the saidis thriddis maid in the yeir of God j^M v^C threscoir ane yeiris, the said collectoure to have recours to the first assumption for samekle of saidis thriddis as the samyn ar diminischit be the last assumption, and to charge for the same without respect of ony pensioun, tak, lyfrent or discharge of the saidis thriddis and superplus, or ony part thairof alterit or diminischit in the rentallis sen the first assumptioun of the thriddis as said is. Sa now oure soverane lord, be advise of his estaitis in this present parliaiment, ordanis and gevis full richt and power be the tennoure heirof to the quenes, his darrest spous, oure soverane lady, be hir self, or hir chalmerlane in hir awin name, and to hir propre use and behuif, to ask, crave, ressave, intromett and uptak the haill thrid of the said abbay and lordschip of Dumfermling, sustening the ministeris serving at the propre kirkis thairof in state as thai wer assignit at the tyme of the making of the said morowing gift, or further at hir guid plesour and that the Witsondayis terme last bypast, Mertimes nixtocum and of the croip and yeir of God j^M v^C lxxxxiij yeris, and siclyk yeirlie in tyme cuming during hir lyftyme, according to the first assumption of the thrid of Dumfermling and compt maid thairof in the croip and yeir of God j^M v^C threscoir ane yeiris. And siclyk ordanis that the lordis of counsaill and sessioun sall nawyis grant ony suspensioun or relaxatioun fra the horne to ony persoun or personis chargit or denuncit for payment of the said thrid of Dumfermling, alterit or diminischit fra the first and best rentall as said is, quhill the sowmes and wictuallis chargit for be first payit to her majestie and hir chalmerlane in hir name, notwithstanding quhatsumevir pensioun, tak, lyfrent or discharge purchest or to be purchest of the same thrid quhair the first and best rentall is alterit or diminischit as said is off this instant croip and yeir of God j^M v^C fourscoir threttene yeiris and yeirlie in tyme cuming during hir lyftyme as said is, bot that the saidis lordis sall repute and esteme the same as null in the self, and the said nullitie to be ressavit alsweill be way of exceptioun as actioun, but prejudice nevirtheless of quhatsumever heretable infeftmentis grantit be our soverane lord, quhairby the conditioun of the saidis thriddis ar alterit or diminischit. Attour, oure soverane lord, with avise of his estaitis of parliament, in respect of said morowing gift sa faithfullie and solempnitlie promesit to be upsett and maid guid, decernis and declaris all giftes and provisionis maid of the titles of the kirkis of the said abbay and lordschip sen the dait of the said morowing gift to quhatsumevir personis to be lykwis null fra the beginning and to be in all tymes cuming of nane availl, force nor effect, and the said nullitie to be ressavit be quhatsumevir juge alsweill be way of exceptioun as actioun notwithstanding ony dispensatioun or act of parliament maid or to be maid in the contrair. Mairattour, oure said soverane lord, with advise of his saidis estaitis of parliament, considdering that the quene, his darrest spous, is infeft and seasit in the said lordschip of Dumfermling grantit to hir in morowing gift as said is during hir lyftyme with tennentis, tennandries, service of frie tennentis, advocatioun, donatioun and richt of patronage of kirkis, benefices and chaiplanries pertening thairto, and that hir majestie is lykwyis infeft in lyfrent in the said erledome of Fyffe and lordschip of Linlithgw, and attoure and besyd the same in the thrid part of the propirtie of the realme of Scotland and all proventis, rentis and emolumentis of the same propirtie pertening to his hienes or propirtie of the realme, all ratifiet and apprevit be his hienes and his estatis ofbefoir in parliament; and to the effect that the same may be the better preservit frome unproffitable dispositionis in tyme cuming, and his hienes, his estaitis and realme the better relevit, hir hienes, with his majesties speciall advise and consent, hes nominat certane personis of his hienes privie counsaill, sessioun and chekker: thay ar to say Alexander, lord of Urquhart, president of the college of justice, Walter, commendater of Blantyre, kepair of the privie seill, Maister Johnne Lindsay of Balcarras, Maister James Elphingstoun of Invernochtie, Maister Thomas Hammiltoun of Drumcarne, Alexander Hay of Eister Kennet, clerk of register, and Maister Peter Young of Seytoun, elemosinar to his majestie, to be alsua of hir hienes counsaill in thingis tending to hir honoure and commodities, inbringing and spending of hir leving, and in the administratioun of the effayres concerning the same leving, namelie in hering of the comptis thairof and tuiching the passing of the presentatioun of kirkis and benefices, prebendaris, chaiplanries and alterages or masteris and memberis of hospitallis quhirof hir hienes hes gift and richt of patronage; and in ressaving and entering of frie tennentis upoun retouris or be clare constat, or upoun resignationis, or in granting of confirmationis, or setting of takis of landis, teyndis or utheris possessionis, or making of quhatsumevir dispositionis; quhilkis counsellouris hes maid faith to gif hir hienes thair trew advise and counsaill in thir premises. Lyk as hir hienes, with advise of oure said soverane lord, hir husband, for his entres, is weill contentit and hes promessit in the word of a princes to follow the guid awise of hir hienes counsellouris in the premises, and that scho sall not deteriorat hir said morrowing gift or uther hir lyfrent landis and leving be hir deid and occasioun, and that na wreit, evident or precept that salbe presentit thairanent salbe past thair majesties handes quhill the same be first sene, red and deliberatlie considderit be hir said counsaill and subscrivit be thame (at the leist four of thame convenit togidder, the said lord president always being ane), testefeand the mater to be lauchfull and for hir hienes honoure and commoditie; without the quhilk hir majesties seill sall not be appendit nor affixit thairto, nor the same wreit, evident or precept salbe of nane availl, force nor effect to the purchesser. To the quhilkis all and sindre premises oure soverane lord, with advise of his estaitis in this present parliament, interponis his consent and authoritie, ratifeand, allowand and apprevand the same for evir. Sic subscribitur, James R[ex], Anna R[egina].