[1605/6/69]¹

²Act in favouris of Williame, commendater of Towngland

Anent the supplicatioun gewin in to the lord great commissionar and haill estaittis of this present parliament be Williame, commendatar of the abbacie of Towngland, ane of the ordinar number of oure soverane lordis sessioun and college of justice, makand mentioun that quhair oure soverane lord, for diverse gude considerationis moveing his majestie, gaif, grantit and disponit unto the said commendatar for all the dayes of his lyfetyme the teyndis of certane kirkis, quhilkis sumtyme pertenit to the bischoprik of Galloway, and ane pensioun of sex hundreth sextene pundis xviij s. iiij d. usuale money of Scotland grantit be his hienes to him in lyferent, to be payit furth of the temporalitie and temporall landis, few maillis and utheris dueteis of the said abbacie of Towngland and bischoprik of Galloway; and albeit oure soverane lord hes laitlie provydit Maister Gavin Hamyltoun to the said bischoprik, with all and sindrie fruittis, rentis and emolumentis appertening thairto, yit it wes nocht his majesteis will that the said William, commendatar of Towngland suld be onywayes damnefeit, hurte nor prejudgeit in his richt, titill and possessioun of the abbacie of Towngland and kirkis pertening and annexit thairto, teyndis and rentis of the samin, nor in his foirsaid pensioun, and alsua, the said Maister Gavine faithfullie promissit to his majestie nawayes to hurte nor prejudge the said William, commendatar of Toungland, during his lyfetyme anent the premisses, and thairfoir the said Maister Gavine, be his speciall lettres datit at Edinburgh, the nyntene day of Junii, j^M vj^C and fyve yeiris, actit and registrat in the buikis of counsaill of his awin consent the tuentie tua day of the said moneth and yeir, ratefeit and apprevit for him and his successouris the giftis and donationis grantit to the said commendatar be oure said soverane lord, with the ratificationis and confirmationis of the samin in parliament specialie expremit in his saidis lettres; and upoun deliberat mynd, of certane knawlege, maist hairtlie, frelie and willinglie band and oblist him and his successouris that they suld nevir move actioun nor pley aganis the said commendatar for ony pairt of the saidis fruitis, teyndis, rentis and pensioun disponit to him for his lyfetyme as said is, bot that he suld bruik the samin peciablie without truble or impediment during his lyfetyme as said is, as the saidis lettres registrat in the saidis buikis of counsaill schawin to the saidis estaittis at mair lenth proportis. And seing the estaittis intendis in this present parliament be directioun of oure soverane lord to mak ane act and ordinance for repairing and restitutioun of the estait of bischoppis within this realme, it is verie necessar for the said commendataris quietnes that quhatsumevir thing suld be done in favouris of the bischop of Galloway sall be without hurte and prejudice of ony thing that wes provydit to the said commendatar befoir, and contenit in the said Maister Gavine his lettres of ratificatioun and approbatioun thairof, eftir the forme and tennour of the samin, to the quhilk the said commendatar is assurit the said lord bischop of Galloway can nocht weill mak ony impediment, bot will assent thairto. Desyring thairfoir the saidis estaittis to declair quhatsumevir thing sall be done to the said bischop of Galloway that the foirsaid generall act sall nawayes be prejudiciall, nor hurtfull to sic thingis as ar disponit to the said commendatar for his lyfetyme, bot that he may peciablie bruik the samin conforme to his titillis and richtis maid to him thairof and the said bischop of Gallowayes ratificatioun and approbatioun foirsaid, and to that effect that the saidis estaittis wald ordane the saidis lettres to be registrat in the buikis of parliament ad futuram rei memoriam, that the saidis estaittis limitatioun foirsaid to be maid in his favouris may be the mair cleir, to tak away all questiounes that may occur heireftir, as at mair lenth is contenit in the said supplicatioun. The quhilk supplicatioun, togidder with the foirsaidis lettres obligatouris maid be the said bischop of Galloway to the said commendatar of Toungland, and his haill provisiounes and richtis being red in presens of the haill estaittis and they thairwith being ryplie advysit, the haill estaittis findis and declairis that quhatsumevir thingis is done in this present parliament in favouris of the said bischop of Galloway, that the foirsaid generall act sall nawayes be prejudiciall, nor hurtfull to sic thingis as ar disponit to the said William, commendatar of Toungland, for his lyfetyme, bot that he may peciablie bruik and joise the samin conforme to his titillis and richtis maid to him thairof, and the said bischop of Gallowayes ratificatioun and approbatioun foirsaid. And to the effect that all questionis that may occur heireftir may be tane away betuix the saidis commendatar and Maister Gavin Hammyltoun, bischop of Galloway, declairis and ordanis the said lettres obligatouris to be actit and registrat in the buikis of parliament, thairin to remane ad futuram rei memoria, off the quhilkis lettres obligatouris the tennour followes:

At Edinburgh, the tuentie tua day of Junii, the yeir of God j^M vj^C and fyve yeiris, in presens of the lordis of counsaill, comperit Mairster Johne Makgill, procutour specialie constitut for Maister Gavin Hammyltoun, bischop of Galloway, and gaif in the ratificatioun underwrittin subscryvit with his hand, desyring the samin to be registrat in the buikis of counsaill, to have the strenth of ane decrete of the lordis thairof, with lettres and executorialis to be direct thairupoun in maner thairin contenit. The quhilk desyre the saidis lordis thocht ressonable and thairfoir hes ordanit and ordinis the said ratificatioun to be insert and registrat in the saidis buikis of counsaill, decernis the samin to have the strenth of thair decrete, and ordinis lettres and executorialis to be direct thairupoun in maner specefeit thairintill, quhairof the tennour followes: Be it kend till all men be thir present lettres, me, Maister Gavin Hammyltoun, bischop of Galloway, forsamekill as oure soverane lord the kingis majestie hes gevin and grantit to me during my lyfetyme the bischoprik of Galloway with all digniteis, fruittis, rentis and emolumentis thairof, and inrespect it is nawayes his hienes will and intentioun that the richt honorable Maister William Melville, commendatar of the abbay of Toungland, ane of the ordinar senatouris of his hienes college of justice, suld be onywayes damnefeit, hurte nor prejudgeit in his richt, titill and possessioun of the said abbacie and kirkis pertening and annexit thairto, teyndis and rentis of the samin, nor yit of the pensioun of sex hundreth sextene pundis auchtene schillingis four penneis usuale money of Scotland grantit be his hienes to the said Maister Williame in lyfrent, to be payit out of the temporalitie and temporall landis, few maillis and utheris dueteis of the said abbacie of Towngland and bischoprik of Galloway, lyk as I faithfullie promesit to his majestie nawayes to hurte nor prejudge the said Maister Williame Melvill anent the premisses, nor na pairt thairof. Thairfoir, and for sindrie utheris gude respectis and considerationis moveing me, wit ye me to have ratefeit and approvin, lyk as I, be the tennour heirof now as gif my provisioun and gift of the said bischoprik of Galloway wer alreadie past and expede the seallis, and than as now, upoun deliberat mynd and of certane knawlege, maist harteie, frelie and willinglie ratefeis and appreves for me and my successouris in the said bischoprik the foirsaid gift and donatioun gevin and grantit be oure said soverane lord under his hienes great seall of the date at Halyrudhous, the sewint day of November the yeir of God, j^M v^C fourscoir aucht yeiris, to the said Maister William Melvill of the spiritualitie of the said abbacie of Toungland, concerning the speciall kirkis of Traqueir, Towngland, Sannik, Monygoff, Leswalt and the kirkis of Inche and Gretoun, unite, annexit and incorporat thairto be the said provisioun, quhilkis wer of auld kirkis of the said bischoprik of Galloway and pertening thairto as ane pairt of the patrimonie of the samin, and ar now annexit to the said abbacie of Toungland as said is, with all privileges, immuniteis, teyndis, fruitis, rentis, proffeittis and emolumentis belanging to the samin abbacie and kirk foirsaid; and ane uther gift grantit be oure soverane lord under his hienes great seall datit at Halyrudhous, the aucht day of December, the yeir of God abonewrittin, to the said Maister Williame of the yeirlie pensioun of sex hundreth sextene pundis auchtene schillingis money, to be upliftit furth of the temporalitie, temporall landis, fewmaillis and rentis of the foirsaid bischoprik and abbacie, togidder with the speciall act of ratificatioun of the foirsaidis giftis and provisionis grantit in favouris of the said Maister William Melvill be oure said soverane lord, with consent of his hienes thrie estaitis of parliament, haldin at Edinburgh, the nyntene day of December, the yeir of God j^M v^C fourscoir fourtene yeiris, with the decrettis of the lordis of counsaill pronuncit in favouris of the said Maister Williame concerning the abbacie and pensioun abonewrittin, with the possessioun and uplifting of the rentis and dewteis of the samin in all tyme bigane, with all that hes followit, or may follow thairupoun, in all and sindrie heidis, articlis, clauses, conditionis and provisionis quhatsumevir at lenth expressit in baith the saidis giftis, act of ratificatioun thairof and decreittis following thairupoun eftir the forme and tennour thairof in all pointis, halding this present ratificatioun and confirmatioun alsua valide, sufficient and effectuall as gif the saidis twa giftis of the abbacie and pensioun respective abonewrittin wer heirin at lenth word be word exprest, and as gif the samin giftis and titillis wer specialie and expreslie reservit and exceptit in my gift and provisioun of the said bischoprik. And forder I will, grantis and consentis for me and my successouris in the said bischoprik that the said Maister William, be him self, his chalmerlanis and factouris, sall peciablie bruik, joise and posses all and sindrie the teyndis, fruittis, emolumentis, dueteis, privileges and commoditeis of the said abbacie of Toungland, togidder with the said yeirlie pensioun of sex hundreth sextene pundis xviij s. iiij d., conforme to his giftis, respective actis and decreittis thairof, but ony stope, truble or impediment to be maid be me or my successouris to him thairintill, lyk as I faithfullie promiss, bind and oblise me and my successouris nevir to querrell, nor impugne the said Maister William his giftis and richtis of the premisses, nor yit to move actioun, pley nor questioun thairanent aganis him directlie nor indirectlie in judgement, nor outwith in tyme cumming, under the pane of tynsell of honour, gude name and fame incaise I cum in the contrair (as God forbid); and forder sall reiterat, renew, perfyte, subscryve and delyver to the said Maister William ony uther forme of ratificatioun and approbatioun of his giftis abonewrittin in the maist ample forme can be devysit for his securitie ay and quhill he find him self sure of the premisses, consenting for the mair securitie thir presentis be insert and registrat in the buikis of counsaill, to have the strenth of ane decrete of the lordis thairof, with executions of horning be ane simple charge of ten dayes onlie and utheris neidfull to pas thairupoun as efferis; and to that effect constitutis Maister Johne Makgill, my procutouris, quhome I require to compeir for me and in my name, consent to the registering heirof, promittens de rato etc. In witnes quhairof, subscryvit with my hand, my seall is affixit. At Edinburgh, the nyntene day of Junii, the yeir of God, j^M vj^C and fyve yeiris, befoir thir witnesses: Maister Andro Knox, bischop of the Ilis, Thomas Quhytfurde, brother to the laird of Quhytfurde, Gilbert Ross, notar, servitour to the Erle of Cassellis, and Maister Johne Makgill, advocat. Sic subscribitur: Maister Gavin Hammyltoun. Maister Andrew Knox, witnes. Maister Johne Makgill, witnes. Gilbert Ross, witnes. Thomas Quhytfurde, witnes. Extractum de libro actorum per me dominum Joannem Skene de Curryhill, militem, clericam rotulorum registri ac consilii supremi domini nostri regis sub meis signo et subscriptione manualibus. Sic subscribitur Joannes Skene, clericus registri.