[1605/6/51]¹

²Act anent the chapell royall and exceptionis thairfra in favouris of the Erle of Dunbar and Lord of Balcleugh

Oure soverane lord, being of intentioun nocht onlie to mantene the honour, prerogative and majestie of his crowne of this his native kingdome of Scotland, bot also to repair and redress sic thingis as ar done to the harme and prejudice of the samin, to the effect that quhan it sall pleis God to gif his majestie and his royall successouris occasioun to resorte to his said kingdome, the dignitie and ancient markis of soveranitie thairof may be so inviolablie observit as may best stand with his majesteis honour, the reputatioun of the cuntrey and deserve gude reporte and estimatioun amongis strangeris; and understanding that his maist nobill progenitouris of happie memorie, King James the Fourt following the commendable example of utheris civill and vertuous princis, foundit ane chapell royall constitute of ane sufficient number of persones for serveing his majestie and his successouris in musique, and mortefeit, doted and disponit to the said chapell royall and memberis thairof diverse kirkis and rentis for thair leving and intertenement, quhairof the fundatioun is now sa fer neglectit as thair is nather ony sufficient number of qualefeit persones appointit for service thairin, nather is the kirkis rentis and revenus thairof keipit in thair awin integritie according to the fundationis, mortificationis, dispositionis, richtis and securiteis maid to the said chapell royall and memberis of the samin thairanent, bot be the contrair the saidis landis, kirkis, teyndis, patronages, proffeittis and rentis ar annaleit, dismemberit, diminischit and sa mony wayes enormelie hurte that his majestie and his successouris sall nocht at thair cumming to this cuntrey almaist find ony recorde or apperance of the said fundatioun or ony monument of that royall institutioun, the inlak quhairof will breid dirogatioun to the honour of the realme, quhilk onlie among all the Christiane kingdomes will be the meane vant that civill and commendable provisioun of ordinar musick for recreatioun and honour of thair princis; for remede quhairof, and to the effect that be his majesteis exampill the subjectis of the said kingdome may be the forder encouraged to interteny thair fundationis of musick scholis, quhairby youth may be instructit in that liberall science quhilk quicknes the ingyne, gevis plesant and harmeles recreatioun to all estaitis and estaittis of persones, and is ane haly exercise agreable to the religioun and commandit of God for geving of thankis and praise to his holie majestie, oure soverane lord, with advyse and consent of his haill estaittis of this present parliament, ratefeis and appreves the said fundatioun and institutioun of the foirsaid chapell royall, insafar as concernis³the service of his majestie and his successouris in musick and all utheris thingis nocht repugnand to the trew religioun presentlie professit and be the law establissit within this realme, and all landis, kirkis, teyndis, rentis and commoditeis quhatsumevir mortefeit, gevin and disponit to the samin or to ony of the memberis thairof, and becaus it is knawin that nather the said service can be done unles the persones appointit for the samin have thair competent intertenement and auld leving, nather can thair levingis be obtenit gif the patronage of thair benefice be takin frome his majestie and the rentis thairof frome the said chapell and memberis of the samin; thairfoir, his majestie and estaittis foirsaidis retreittis, rescindis, cassis and annullis all alienationis and dispositionis of landis, kirkis and patronages of the kirkis and benefices belanging or quhilkis heirtofoir onywayes belangit to the said chapell royall and patrimonie thairof and memberes of the samin, and all dispositionis, takkis, rentallis, pensionis and utheris richtis, titillis and securiteis quhatsumevir of the landis, kirkis, teyndis, fruittis, rentis, dueteis and commoditeis thairof, annaleit, disponit, gewin or sett to quhatsumevir persone in hurte and prejudice of his hienes patronage of the said chappell royall, or in diminutioun of the best and greatest rentall thairof; and decernis the indoubtit and full richt of the saidis haill patronages of all and sindrie kirkis, quhilkis in onytyme bigane wer dotit or annexit to the said chappell, sall now and in all tyme cumming belang and pertene to oure said soverane lord and his successouris, and that the maisteris and memberis of the said chappell royall alreadie establissit, or heireftir to be provydit or establissit be oure soverane lord and his successouris, to have indoubtit richt to the haill landis, kirkis, teyndis, rentis, proffeittis, dueteis or commoditeis quhilk in ony tyme bigane belangit or appertenit to the said chapell royall and memberis thairof; and lykwayes decernis and ordanis that the nullitie of the saidis alienationis, dispositionis and securiteis of the saidis patronage or thair landis, kirkis, richtis and rentis maid to thair prejudice to ony uther persone in maner foirsaid be ressavit be way of exceptioun or reply without ony necessitie of actioun, persute or reductioun of the samin, and that the samin sall nocht, nor may nocht in ony tyme cumming, be lauchfullie possedit bot be the ordinar memberis alanerlie of the said chapell royall, being astrictit to serve his majestie and his successouris in musick and utheris godlie and lauchfull exerceis agreabill to the fundatioun and nocht repugnant to the trew religioun presentlie professit within this realme, nochtwithstanding ony richt, titill or dispositioun thairof gevin or ratefeit in parliament or utherwayes in contrair the premissis in ony tyme bigane, quhilkis his majestie and estaittis foirsaidis declaris to have bene fra the beginning and to be in all tyme cumming null and of nane availl, with all that hes followit or may follow thairupoun, as gif the samin had nevir bene grantit nor maid, exceptand alwayes and reserveand the advocatioun, donatioun and richt of patronage of the kirkis of the said chapell royall quhilkis wer disponit of befoir to George, erle of Dunbar, or ar disponit to him in this present parliament, sua that the saidis kirkis, fruittis, rentis, proffeittis, dueteis and emolumentis of the samin, the advocatioun, donatioun and richt of patronage thairof, sall nawayes be comprehendit in this present act, bot sall remane with the said George, erle of Dunbar, his airis and successouris as thair heretable patronages, as gif this present act had nevir bene maid, and nochtwithstanding the samin and all utheris actis and statutis maid of befoir and in this present parliament frome the quhilkis the saidis patronages is and sall be exceptit; and als exceptand and reserveand furth of this present act and haill contentis thairof the takkis of the teyndis of the kirk of Sanctmarie Lowis and pendiclis thairof, set to Walter, lord Scott of Balcleugh, and all the takkis sett to him of all utheris teyndis of quhatsumevir kirkis pertening to the said chapell royall.