The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1605/6/89]1
2Act in favouris of the Laird of Burlie
Oure soverane lord and estaittis convenit in this present parliament, haveing consideratioun of the gude and thankfull service done to his hienes be his lovit Schir Michell Balfour of Balgarvy, knycht, in mony respectis, bot namelie in provisioun be his labour, travell and expenses of this his hienes kingdome of Scotland with gude and sufficient armour transportit be him out of forane cuntreyis, being specialie imployit to that effect, quhilk armour wes nocht onlie imbrocht be the said Schir Michell, but also ane gude pairt thairof ressavit be his hienes to his majesteis behuif, the price quhairof extendis to the sowme of fyve thowsand merkis usuale money of Scotland. And his hienes being willing to have the said Schir Michell provydit be sufficient securitie for payment of the said sowme, and knawing perfytlie that the said Schir Michell, be infeftment of fewferme grantit be his hienes predecessouris to quhome he succeddis of the landis of the Star, with the pertinentis, lyand within the schirefdome of Fyf, is oblist to pay yeirlie to his majestie and his successouris the sowme of ten pundis money of this realme, tuentie aucht bollis quheat, threttie ane bollis, tua firlottis, tua pairt firlott beir, tua dossone of capones, four dossone of pultrie for the fewfermes and dueteis of the saidis landis of Star, with the pertinentis, his hienes and estaittis foirsaidis, for his better securitie of the said sowme and payment of the annualrent justlie addebtit thairfoir ay and quhill the wedsett eftirmentionat be lauchfullie redemit, hes thocht meit and expedient that the fewfermes of the saidis landis of Star sall be wodsett be his hienes to the said Schir Michell, his airis and assignais ay and quhill they be lauchfullie payit of the said sowme of fyve thowsand merkis and to be peciablie bruikit and joisit be him in the mentyme in satisfactioun of the annualrent justlie addebtit for the said sowme under reversioun, alwayes contenand the said sowme of fyve thowsand merkis for redemptioun of the saidis fewfermes quhilk is leist hurte to his majestie and his patrimonie, the saidis fewfermes being alwayes redimable be his hienes and his successouris fra the said Schir Michell and his foirsaidis. And for the said Schir Michell his better securitie of the said wedsett, his hienes and estaittis foirsaidis hes dissolvit and presentlie dissolvis the saidis fewfermes of the landis of Star fra the annexatioun maid of his hienes propirtie to the crowne, lawes and constitutionis maid thairanent, to the effect the said wedsett may tak full effect in the persone of the said Schir Michell and his foirsaidis and all lauchfull securitie to be maid and expede to him thairupoun; and inrespect thairof, his hienes and estaittis foirsaidis, as alsua with express consent and assent of David, lord of Scone, his hienes comptroller, ordanis ane chartour to be maid under his hienes great seall in dew forme in favouris of the said Schir Michell and his foirsaidis, makand mentioun of the said wedsett and expreslie giffand, grantand and disponand to the said Schir Michell, his airis and assignais all and haill the saidis fewferme dueteis of the saidis landis of Star, extending to the quantitie abonespecefeit, and that in satisfactioun of the yeirlie annuelrentis justlie addebtit for the said sowme of fyve thowsand merkis during the non redemptioun thairof, redimable alwayes be his hienes and his successouris be payment of the said principall sowme of fyve thowsand merkis to the said Schir Michell and his foirsaidis, to be haldin be the said Schir Michell and his foirsaidis, all and sindrie the saidis fewferme dueteis, extending yeirlie for the saidis landis of Star to the sowme of ten pundis money foirsaid, tuentie aucht bollis quheat, threttie ane bollis, tua firlottis, tua pairt firlott beir, tua dossone of capones and four dossone of pultrie, off oure soverane lord and his successouris in frie heretage and frie blenche ferme for evir, frelie, quietlie etc., but ony revocatioun etc., gevand thairfoir, the said Schir Michell and his foirsaidis, to oure soverane lord and his successouris ane penny usuale money of this realme at the terme of Witsonday yeirlie upoun the ground of the saidis landis in name of blenche ferme, gif it beis askit, alanerlie; provyding alwayes (lyk as his hienes and estaittis foirsaidis, with advyse foirsaid, ordanis the provisioun eftir mentionat to be insert in the said chartour) that howsone or at quhat tyme it salhappin his majestie or his successouris to thankfullie pay and delyver to the said Schir Michell, his airis or assignais, upoun ane day betuix the sone rising and dounpassing thairof befoir the feist of Witsonday or Mertymes in numerat money the foirsaid sowme of fyve thowsand merkis within the paroch kirk of Sanctgeill in Edinburgh, than, and in that caise, the said Schir Michell and his foirsaidis sall be haldin to resigne, renunce, quitclame and overgif to his hienes and his successouris the saidis fewferme dueteis of the landis of Star, with the pertinentis, togidder with the said infeftment and securitie foirsaid, with all utheris chartouris, preceptis, instrumentis of seasing and utheris securiteis quhatsumevir of the saidis fewfermes, with all richt clame of richt quhilk he hes or may pretend thairto in tyme cumming, the premonitioun and warnig to be maid to the said Schir Michell and his foirsaidis for making of the said redemptioun to procede upoun fourtie dayes warning befoir the feistis of Witsonday or Mertymes, and that he and his foirsaidis be lauchfullie warnit thairto, ather personalie apprehendit or at thair duelling places in presens of ane notar and witnesses as efferis, and the said Schir Michell and his foirsaidis sall nawayes fraudfullie absent thame selffis fra the ressait of the said sowme; and incaise of thair absence or refusall, the consignatioun to be in the handis of the thesaurar or dene of gild of the said burgh to the effect the samin may be furthcummand to the utilitie and proffeitt of the said Schir Michell and his foirsaidis. And forder, his hienes and estaittis foirsaidis, with advyse foirsaid, findis and declaris that the foirsaid infeftment, or ony uther infeftment to be purchessit heireftir according to this present securitie, sall be valide and sufficient richtis and titillis to the said Schir Michell and his foirsaidis for bruiking and joising of the saidis fewferme dueteis of the saidis landis of Star, with the pertinentis, ay and quhill the lauchfull redemptioun thairof be payment of the said sowme of fyve thowsand merkis, nochtwithstanding of quhatsumevir law, statute or constitutioun maid or to be maid in the contrair, renunceand for him and his saidis successouris all exceptioun that may be proponit thair aganis, and dischargeing his hienes advocat, present and to cum, to compeir in the contrair and of his office in that part. And finalie that this present securitie and infeftment foirsaid to be expede thairupoun sall be ane als sufficient exoneratioun to the said Schir Michell and his foirsaidis anent the yeirlie payment of the saidis fewfermes, as gif the samin wer yeirlie payit to his hienes comptroller and his deputtis and yeirlie acquittances reportit thairupoun, and ordinis lettres to be direct heirupoun in forme as efferis.
- NAS, PA2/16, f.69v-70r.
- '60' written in margin beside heading.