[1600/11/16]¹

²Act in favouris of Schir Thomas Erskene

Oure soverane lord, with advyse of the estaittis of his hienes realme convenit in this present parliament, calling to rememberance the lang, trew and thankfull service done to his majestie be umquhile Alexander Erskene of Gogar, maister of Mar, in the educatioun and preservatioun of his majesties maist nobill persone frome his infancie and tendar age, with his ernest cair, foirsicht and diligence to prevent all perellis and dangeris quhilkis micht onywayes appeir to tuiche his majesties persone, honour or estait during the keiping and custodie of his hienes persone committit to his charge, and siclyk his continewall perseverance in his sinceir affectioun towardis his majesties service during all the dayes of his lyfetyme; and thairwithall considering the maist loyall and faythfull service continewit be his familiar and domestiq servitour, Schir Thomas Erskeyne of Gogar, knycht, gentilman of his hienes chalmer and captane of his hienes gard and eldest lauchfull sone to the said umqhile Maister of Mar, towardis his majestie at all tymes, baith befoir his said umquhile fatheris deceis and continewallie sensyne, and specialie the worthynes of the lait nochtable service done to his majestie be the said Schir Thomas upoun the fyft day of August last bipast at Sanct Jounstoun within the great ludgeing of umquhile Johne, sumtyme erle of Gowrie, in the resisting of the unnaturall, ungodlie and abhominable treassoun and conspiracie attemptit be the saidis umquhile erle and umquhile Maister Alexander Ruthven, his brother, aganis his majesteis maist nobill persone, he being for the tyme secretlie and treassonablie convoyit be the said umquhile Maister Alexander Ruthven to ane turret of the said ludgeing, of sett purpois and intentioun thar to have murtherit and bereft his majestie of his lyfe; and being than destitute of all his servantis and standing curagiouslie in the mentyme upoun the defense of his awin lyfe, the said Schir Thomas come to his majesties rescew and releif and exponit his awin lyfe to maist evident perrell and danger of death to the great effusioun of his blude, sched be the saidis traitouris and thair complices in the defence of his majesties persone and be the providence of God assistit his hienes maist valiantlie and curagiouslie in the preserving of his hienes persone furth of thair bludie handis. And seing it hes plesit God to honour the said Schir Thomas with this dignitie by his proveste, manheid and vertew tobe ane of the cheif instrumentis of the preservatioun and delyverie of his majesteis maist royall persone, to his great praise and perpetuall commendatioun, and that thairby his majesteis nobillis and haill estaittis of his hienes realme hes reportit sa rare and singular ane benefite of the saiftie and continuance of thair naturall prince and soverane to regne over thame in justice and equitie to the great glorie of God, tranquilitie of this realme and universall comforte and solace of the haill people, quhilk being great, sene and ressonable causes of the realme and being dewlie and sufficiently verefeit and provin befoir the lordis of the articlis and haill estaittis of this present parliament, thairfoir his majestie, moveit of his princelie honour and conscience to be mindfull of the said maist worthie and acceptable service and to gratifie the said Schir Thomas with sum honorable reward thairfoir to incurage him to perseveir in his sinceir affectioun towardis his majesteis service and to steir and provok all utheris gude subjectis be his gude and lovable exampill to be followeris of his vertue and curage in thair dewtifull obedience and service to his majestie and his successouris cairfull preservatioun and defence of thair lyfes and honouris according to thair bundin duetie, with consent and authoritie of this present parliament, ordanis ane infeftment to be maid under his great seall in dew forme gevand, grantand and disponand to the said Schir Thomas, his airis and assignais hertablie all and haill the thrid part of the landis and baronie of Dirltoun, with the castell, tour, fortilice, maner place, houses, biggingis, yairdis, orchardis, doucattis, woddis, parkis thairof, Braikin Park, Hiefield, Mensles and Mensles Mure, with the landis of the towne of Dirltoun quhilkis wes comprysit be umquhile Maister Adame Ottirburne and wes lauchfullie redemit be umquhile Dame Jeane Halyburtoun, with mylnis, mylnlandis, multuris, lynkis, cunyngis, cuningharis, fischeingis in salt watter and fresche, togidder with the advocatioun and donatioun of the provestrie of Dirltoun, with tennentis, tennandreis, service of frie tennentis of all and haill the landis, lordschip and baronie of Dirltoun with all utheris pairtis, pendiclis, annexis, connexis and pertinentis thairof, lyand within the schirefdome of Edinburgh and constabularie of Hadingtoun; all and haill the thrid pairt of the landis of Boltoun, with mylne, multuris, tennentis, tenandreis, service of frie tennentis thairof and all thair pertinentis, lyand within the constabularie and schirefdome foirsaidis; all and haill the thrid pairt of the landis of Hassindene and Halyburtoun, with mylnis, mylnlandis thairof, advocatioun and donatioun of the chaplanrie of Halyburtoun, with tenentis, tenandreis, service of frie tennentis of all and sindrie the landis foirsaidis with thair pertinentis, lyand within the schirefdome of Beruik; all and haill the superiouritie and tenandrie of the half landis and baronie of Ballegarno with the pertinentis, with tennentis, tennandreis and service of frie tennentis of the saidis half landis and baronie; all and haill the thrid pairt of all and haill the landis and baronie of Abernytie, with the mylnis, multuris, mylnlandis, walkmylnis thairof, tennentis, tenendreis and service of frie tennentis of the samin; all and haill the thrid pairt of the landis and baronie of Fergundeny, with the mylnis, multuris, mylnlandis, tenentis, tenendreis and service of frie tennentis of the saidis half landis and baronie, advocatioun and donatioun of the chaplanrie of Fergundeny, all lyand within the schirefdome of Perth; all and haill the thrid pairt of the landis and baronie of Segie, with the mylnis, multuris, mylnlandis thairof, tennentis, tenandreis and service of frie tennentis of the samin landis and baronie with all and sindrie pairtis, pendiclis, annexis, connexis, outsettis and pertinentis thairof, lyand within the schrefdome of Kinross; quhilkis landis, baroneis and utheris respective abone specefeit with thair pertinentis pertenit to the said umquhile Johne, sumtyme erle of Gowrie, heretablie, at the leist the said umquhile had richt to succede thairto as apperand air to umquhile James, erle of Gowrie, his brother, or umquhile Williame, erle of Gowrie, his father, quha wes heretablie infeft and seasit in the samyn. And now the saidis landis, baroneis and utheris respective foirsaidis pertenis to oure said soverane lord, fallin and becum in his hienes handis and at his hienes gift and dispositioun of escheat throw the proces and dome of foirfaltour ordourlie led and deducit aganis the said umquhile Johne, sumtyme erle of Goury, and the said umquhile Maister Alexander Ruthven, his brother, for certane crymes of tressoun and lesemajestie committit be thame off the quhilkis they wer convict in this present parliament, as the said proces and sence of foirfaltour pronuncit aganis thame at mair lenth beris, or be vertue of quhatsumevir uther richt, cause or occasioun that the samyn landis, baroneis and utheris particularlie abonementionat may fall and becum in his hienes handis. And for the said Schir Thomas and his foirsaidis better securitie, gevand and disponand to thame the escheat of all and quhatsumevir reversiounis, bandis, contractis, obligationis or promeses for makeing of reversionis maid and grantit be quhatsumevir persone or persones to the said umquhile Johne, sumtyme erle of Gowrie, or ony of his predecessouris for redemptioun of the saidis landis, baroneis and utheris respective foirsaidis, with thair pertinentis or ony pairt thairof, with all utheris richtis, titillis, contractis, bondis and obligationis maid and consavit in favouris of the said umquhile Johne, sumtyme erle of Gowrie, or ony utheris his predecessouris or in favouris of the said umquhile Maister Alexander Ruthven, his brother, quhairby the propirtie and possessioun of the saidis landis, baroneis and utheris respective abone specefeit, with thair pertinentis or ony pairt thairof, micht have returnit and pertenit to thame or ather of thame or quhairby they or ather of thame micht have clamit or recoverit ony richt, titill, propirtie or possessioun of the samyn landis, baroneis and utheris foirsaidis or ony pairt thairof now pertening lykwayes to oure said soverane lord and at his hienes gift and dispositioun be ressone of escheat throw the proces and dome of foirfaltour foirsaid ordourlie led and deducit aganis the said umquhile Johne, sumtyme erle of Gowrie, and the said umquhile Maister Alexander, his brother, as said is, with full power to the said Schir Thomas and his foirsaidis to call and persew the havearis of the saidis reversionis, contractis, bandis, obligationis, richtis and securiteis for the delyverie of the samin to thame and to use all necessesar executioun thairupoun for fulfilling of the samin to thame and to redeme and outquit the landis and utheris abonespecefeit be vertew of the saidis revisionis conforme to the tennour of the samin and to do, use and exerce all utheris thingis necessesar for recovering and obtenyng of the richt and possessioun of the saidis landis, baroneis and utheris respective foirsaidis and everie pairt thairof siclyk and als frelie in all respectis as the said sumtyme erle or ony of his predecessouris or the said umquhile Maister Alexander or ony of thame micht have done thame selfis be vertue of the samin reversionis, richtis and evidentis; and siclyk renunceand and transferand for his hienes and his successouris all richt, titill, interes, clame of richt, baith propirtie and possessioun, quhilkis his hienes or his successouris may clame, have or pretend in and to the saidis landis, baroneis and utheris respective abone specefeit or ony pairt of the samyn be ressoun of warde, releif, nonenteress, recognitionis, foirfaltour, bastardrie, purpresture, disclamatioun or for quhatsumevir uther cause or occasioun present, bigane or tocum to the said Schir Thomas, his airis and assignais heretablie for now and evir cum supplemento omnium defectuum et cum pacto de nom petendo; and for the said Schir Thomas' better securitie of all and haill the saidis landis, lordschip and baronie of Dirltoun and utheris foirsaidis principallie disponit to him as said is and in speciall clause of warrandice therof, gevand, grantand and disponand to the said Schir Thomas, his airis and assignais all and haill the landis, baroneis, mylnis, mylnlandis and utheris eftirspecefeit of the lordschip of Striviling schire, with the haill maillis, fermes, proffeittis, commoditeis, customes, gressumes and utheris casualteis and dueteis quhatsumevir pertening to his majestie as ane pairt of his propirtie, viz: all and sindrie the landis and baroneis of Tullicultrie, with the touris, fortilices, maner places, houses, biggingis, yairdis, orchardis, mylnis, multuris, fischeingis, maillis, fewfermes, canis, customes, tennentis, tenandreis and service of frie tennentis thairof and thair pertinentis, lyand within the schirefdome of Clakmannane; and all and sindrie the landis of Cornetown; all and sindrie the landis of Bothkinner, the landis of Maner, the landis of Powhous, the landis of Logy, the landis of Blairlogie, the landis of Skeoch, alias Blairgib, the mylne of Skeoch, the landis of Greneyeardis, the landis of Walkershill and Walkmyln respective, with touris, fortalices, maner places, houses, biggingis, yeardis, orcheardis, mylnis, multuris, fischeingis, maillis, fewfermes, canis, customes, casualiteis, gressumes, rentis and dueteis thairof, tennentis, tennendreis and service of frie tennentis of the samin and all thair pertinentis lyand within the said lordschip of Striveling and schrefdome thairof and that in speciall warrandice of the landis, baroneis and utheris respective abone specefeit principallie disponit as said is, sua that gif it sall happin the said Schir Thomas or his foirsaidis tobe inquietit, molestit or trublit in the peciable bruiking and joising thairof or in the intrometting and uplifting of the maillis, fermes, profeittis and dueteis of the samyn or ony pairt thairof or the samin to be evictit fra thame, in that caise it sall be lesum to the said Schir Thomas and his foirsaidis to have full and frie regress and ingress in and to the propirtie and possessioun of the saidis landis and lordschip of Striviling schire, haill maillis, fermes, kanis, custumes, proffeittis, casualiteis and utheris dueteis quhatsumevir belang thairto. And to the effect that the said infeftment of warrandice of the saidis landis and lordschip of Strivilingschire may be gude, valide and effectuall in the self to the said Schir Thomas, his airis and assignais in all tyme cumming, his majestie, of his awin propir motive and certane knawlege, with consent and authoritie of this present parliament, inrespect of the said great, sene and ressonable causes moveing his majestie to the granting heirof, allowit and approvin be his hienes estaittis as said is, has dissolvit and be thir presentis dissolvis all and haill the saidis landis and lordschip of Strivilingschire fra all annexationis thairof to the crowne maid be his hienes or ony of his predecessouris to the effect the samyn may be disponit in frie blanche ferme in maner abonewrittin to the said Schir Thomas, his airis and assignais in speciall securitie and warrandice of the saidis landis and baronie of Dirltoun and utheris foirsaidis principallie disponit to him as said is; and als the samyn infeftment sall contene ane unioun of all and haill the saidis landis and baronie of Dirltoun and utheris respective abonespecefeit disponit principallie as said is and erectioun thairof in ane frie baronie, to be callit in all tyme cumming the baronie of Dirltoun, and that ane seasing to be tane at the place and castell of Dirltoun sall be sufficient to the said Schir Thomas, his airis and assignais for all the particular landis above mentionat togidder with ane unioun of all and sindrie the saidis landis and baroneis of the lordschip of Strivilingschire disponit to him in clause of warrandice as said is and erectioun thairof in ane frie baronie, to be callit the baronie of [...], and that ane seasing to be tane upoun the ground of the landis of [...] sall be ane sufficient saising to the said Schir Thomas, his airis and assignais for all and sindrie the saidis particular landis of the said lordschip of Strivilingschire, nochtwithstanding that the samyn landis lyis discontigue all the saidis landis and utheris respective foirsaidis principall and warrandice to be haldin of oure said soverane lord and his successouris in frie heretage, frie blanche ferme and frie baronie for evir with all privilegis and liberteis pertening to frie baroneis in maist ampill forme, for yeirlie payment thairfoir to oure soverane lord and his successouris of ane silver penny at the feist of Witsonday in name of blenche ferme gif it beis askit alanerlie. And that the said infeftment be expede in dew forme with extensioun of all clauses neidfull, ordaning his hienes great seall and the seallis of the lordis of his parliament to be appendit thairto, quhilk infeftment, with the seasing to follow therupoun, his majestie, with advyse and consent foirsaid, now as gif the samin wer maid and grantit and than as now, ratefeis and apprevis in all heidis, clauses, articlis, provisionis and conditionis thairof and findis and declaris that the changeing of the auld halding of the saidis landis and baronie of Dirltoun and utheris respective abone mentionat principallie disponit as said is fra waird to blenche, togidder with the dispositioun of the saidis landis and baroneis of the lordschip of Strivilingschire in warrandice thairof to be haldin in lyke maner be him in frie blenche ferme as said is, is weill and lauchfullie done be his majestie with the mature deliberatioun and advyse of the estaittis of parliament for the grete, sene and ressonable cause to the realme, and that the samin is and sall be in all tyme cuming gude, valide and effectuall richtis to the said Schir Thomas, his airis and assignais for bruiking and joising of the saidis landis and baroneis baith principall and warrandice in frie blenche, nochtwithstanding that the saidis landis and baronie of Dirltoun and utheris respective abone specefeit principallie disponit as said is wer haldin be service of waird and releif of befoir, and nochtwithstanding that the saidis land and lordschip of Strivilingschire wes his hienes annexit propirtie, and nochtwithstanding of quhatsumevir actis of annexatioun thairof to the crowne maid be his hienes or his predecessouris, ony clause or conditioun thairof, or of quhatsumevir utheris actis, lawis or constitutionis maid or to be maid in the contrair, forbidding the changeing of waird halding in blenche and all kynd of dispositioun of the kingis propirtie utherwayes nor in fewferme and with augmentatioun of the rentall or dispositioun in few of the fewfermes; with the quhilkis actis and everie ane of thame, and all utheris quhlkis may onywayes prejudge or dirogat the said infeftment halding thairin contenit, baith of the principall and warrandice, or ony utheris clauses, liberteis, privilegis, provisionis and conditionis specefeit thairintill, his majestie and estaittis foirsaidis expreslie dispensis and makis full derogatioun to the samyn insafar as they may be extendit in onywayes to the saidis landis and baroneis, baith principall and warrandice, to the effect the said Schir Thomas, his airis and assignais may peceablie bruik, joise and posses all and haill the saidis landis, baroneis and utheris respective abone mentionat eftir the forme and tennour of his said infeftment to be maid to him thairupoun but ony revocatioun, contradictioun or agane calling quhatsumevir.