[1605/6/91]¹

²Act in favouris of the Erle of Errole anent blankis

Oure soverane lord, remembering that his richt traist cousing and counsaillour Francis, erle of Erroll, lord Hay, greate constable of his majesteis realme of Scotland, is laitlie discendit of his hienes bloode, and that his umquhile richt traist cousing and counsaillour Andro, erle of Erroll quha last deceissit, father to the said Francis, eftir his age of threscoir yeiris, did compleit mariage with Maistres Agnes Sinclair, dochter to umquhile George, erle of Caithnes, upoun ressonable conditionis mentionat in the contract of that mariage and litill to the decay of his estait, bot the said erle and the said Maistres Agnes, continewing a certane space togidder, scho tuk occasioun be his infirmitie and waik judgement, he being than nocht so solide as wes necessar for the weill of his estait, to invent and devyse mony fraudfull meanis in the hurte and prejudice of the airis and successouris of the first mariage in thair successioun to the said erledome of Erroll, office of constabularie and landis and leving of the samin, specialie be a great number of inventit and colourit bandis and obligationis, charteris, preceptis and instrumentis of seasing of a great pairt of the foirsaid erldome and landis thairof, to hirself and the successioun procreat of the said secund mariage, tending to the perpetuall wrak and destructioun of the said ancient and nobill house of Erroll, quhilk mony ages of befoir had continewit a nobill famelie and haill leving; and the secreittis of the saidis pernicious inventionis pairtlie cumming to licht and revelit unto his hienes, being within the realme of Scotland at sindrie tymes in the yeir of God j^M v^C fourscoir thre yeiris, his majesteis effectioun towardis the said erldome moveit his hienes to be mair cairfull in his duetie in the conservatioun and mantenance of the honorabill estait thairof; at the quhilk tyme his hienes enterit in tryell quhat had bene inventit and done to the hurte and prejudice of the estait of the said erledome, and eftir lang inquisitioun and tryell a great pairt of the saidis fraudulent inventionis wer disclosit and mony of the controverseis that mycht aryse betuix his hienes richt traist cousing and counsaillour Francis, now erle of Erroll, and the said umquhile Andro, his father, Dame Agnes Sinclair, his spous, and thair bairnis of the said secund mariage wer appeisit and pacefeit, as at mair lenth is contenit in ane decrete arbitrall gevin and pronuncit be oure said soverane lord upoun the [...] day of December, the yeir of God j^M v^C fourscoir thrie yeiris, and in ane declaratioun maid thaireftir, upoun the tuentie fyft day of Marche, the yeir of God j^M v^C fourscoir four yeiris, off certane obscure clauses contenit in the samin decrete, quhairby oure said soverane lord, the said Francis, erle of Erroll and freindis of his house thocht thame void of ony uther fraudfull inventioun to be devysit be the said Dame Agnes at ony tyme thaireftir, and that all questionis and controverseis that mycht follow wer alluterlie bureit be the said decreit arbitrall and declaratioun, be the quhilkis thair wes a perfyte reull sett doun quhat suld abyd with the airis and successouris of the said erle, and quhat suld be gevin for supporte of all the bairnis baith of the first and secund mariage, and quhat sould remane with the said Dame Agnes for hir lyfetyme; bot scho perseverand mair and mair in hir malice and incurageing hir self, be the detriment of hir said husbandis wit and judgement in his aige, moveit him to subscryve with his hand a great number of blankis, sum in parchement and sum in paper, quhilkis the said Dame Agnes hes in hir handis, at the leist hes fillit the samin, or sum number thairof, as scho hes thocht gude for hir awin commoditie and of hir bairnis procreat of the said secund mariage, or utheris hir speciall friendis and kynismen for thair weill and commoditie directlie, or as immediat persounes quhilkis micht transmit in hir foirsaidis bairnis or utheris; and being laitlie persewit at the instance of the said Francis, erle of Errol, befoir the lordis of counsaill and sessioun within this realme for productioun and exhibitioun of auchtene blankis, sum in paper and sum in parchement, subscryvit be the said umquhile Andro, erle of Erroll, quhilkis wer delyverit in hir handis, and scho had the samin, at the leist had fraudfullie put the saidis blankis away, and the said Dame Agnes, hir haill defenses and ressonis proponit in that mater being repellit, the summondis wes admittit to the said Francis, erle of Errole, his probatioun. And becaus the mater grew with so great a consequence, and that the said Dame Agnes, in presens of the saidis lordis, maid mony and terribill contestationis be hir aith that scho nevir had nor saw ony blankis subscryvit be the said umquhile erle, hir spous, the lordis wer moveit to declair that the said summondis suld be provin aganis hir be a sufficient number of witnesses that sould be nocht onlie omni exceptione majores, bot everie witnes that suld depone in that mater suld be valiant in land and geir ane thowsand merkis money of Scotland; upoun the quhilk persute the saidis lordis of counsaill and sessioun, eftir examinatioun of mony witnesses of the qualitie contenit in the said declaratioun, and eftir the sicht of mony wryttis and evidentis producit be the said Francis, erle of Eroll for probatioun of his said summondis, hes pronuncit and gevin thair decrete upoun the [...] day of Merche, the yeir of God j^M vj^C and sex yeiris in favouris of the said Francis, erle of Errole, aganis the said Dame Agnes, decerning hir to exhibit and produce befoir the saidis lordis sewin of the saidis auchtene blankis, off the quhilkis sewin thair ar four in paper and thrie in parchement, and eftir the exhibitioun thairof, to delyver the samin to the said Francis, erle of Errole and his successouris in the said erldome, to be cancellat and destroyit or utherwayes useit be thame at thair plesure. Yit, nochtwithstanding of all the premisses and decrete befoir specefeit, the doubtis and questionis of the damage and interes that may fall to the said Frances, erle of Erroll and his successouris in the said erldome ar nocht takin away, bot the samin remanis to importe the extreme perrell and danger for the said wrak and ruyne of the said house and erldome of Erroll throw the multitude of the saidis blankis and the generaliteis of the subjectis and materis quhairwith the samin may be fillit, and throw the infinit persones in quhais favouris the samin may be fillit, nane of thame haveand ony determinatioun, designatioun or inscriptioun for the quhilk they wer destinat, except there be sum uther remede competent be the law quhairby it may certanelie be knawin quhat is becum of all the saidis blankis, quhidder they be fillit or yit standing blank, and gif they be fillit to knaw with quhat mater or subject. And thair being sindrie remedeis for that purpose, oure soverane lord, with advyse of his thrie estaittis of parliamentis, hes thocht this remede eftirmentionat to be verie propir for a beginning to the effect foirsaid, and thairfoir have ordanit and directit and, be the tennour of thir presentis, ordanis and directis the lordis of his majesteis counsaill and sessioun within the said realme of Scotland, supreme judges in all causes and actionis civile, to gif and grant lettres at the instance of the said Francis, erle of Eroll, his airis and successouris of the said erldome, and at the instance of his hienes advocat now present, or that sall be for the tyme, sa oft and in quhat maner and libell the said Francis, erle of Eroll and his successouris and oure said soverane lordis advocat for his majesteis interes sall require aganis quhatsumevir persone and persounes, generall or speciall, as they sall pleis, to compeir befoir the saidis lordis at the dayes and places to be appointit in the said summondis, with continewatioun of dayes, chargeing thame in generall or be thair names as the summondis sall beir, to exhibit and produce quhatsumevir contractis, bandis and obligationis, indentouris and appointmentis, infeftmentis, chartouris, preceptis, instrumentis of seasing, confirmationis and ratificationis thairof, procuratreis and instrumentis of resignatioun maid alsweill in favouris of quhatsumevir uther persone for new infeftment, as maid be the said umquhile Andro, erle of Eroll in his superiouris handis ad perpetuam remanentiam, reversiounes, assignatiounes to reversiounes, bandis and obligationis for making and delyvering of reversionis, renunciationis and granting of redemptionis, discharges and renunciationis of reversionis, takkis, assedationis and rentallis, and all utheris wryttis and securiteis of quhatsumevir forme or qualitie maid and subscryvit be the said umquhile Andro, erle of Erroll at ony tyme fra his birth to his deceis, concerning the landis, lordschip and baronie of Slaynis, annexis, connexis, pairtis, pendiclis and pertinentis of the samin, and the said office of great constabularie within the realme of Scotland, and als of the landis, lordschip and baronie of Errole, with annexis, connexis, pairtis, pendiclis, and pertinetis or ony pairt of the samin, and of the lordschip and baronie of Logy Almond, regalitie thairof, or ony pairt of the samin, ather in propirtie or tennandrie, with advocatioun, donatioun and richt of patronage of quhatsumevir kirkis, chaplanreis and alterages pertening to the said erldome, and siclyk to produce and exhibit quhatsumevir takkis, assedationis and assignationis to takkis and assedationis of quhatsumevir teindis, personages and vicarages quhilkis pertenit to the said umquhile Andro, erle of Erroll, and siclyk to exhibit and produce quhatsumevir bandis and obligationis allegeit maid be the said umquhile erle to quhatsumevir persounes, subscryvit with his hand, oblissing him for sowmes of money or doing and perfyting of ony uther deid quhairupoun actioun micht be foundit aganis his airis and successouris in the law, to be sene and considerit be the saidis lordis, and to heir and sie the samin civilie improvin as accordis of the law; and that the persones to be specialie callit to the effect foirsaid, being within the realme of Scotland, sall be summond personalie or at thair duelling places, and that sic utheris as sall be specialie callit and sall be furth of the realme sall be summond at thair duelling places quhair they maid thair residence befoir thair depairting, and at the marcat croces of the heid burghis of the schyres quhair they duelt, and at the mercat croces of Edinburgh, peir and schore of Leyth. And gif ony utheris that ar generalie to be summond becaus it can nocht be certane to the said Francis, erle of Erroll and oure said soverane lordis advocat for quhat effectis the saidis blankis or ony of thame ar or may be fillit, the generall sumondis sall be execute upoun thriescoir dayes warning at all the heid burghis of the schires within the realme of Scotland, and at all the heid burghis of all the regaliteis, stewartreis and bailleries within the samin, upoun the quhilk summondis the saidis persones generalie to be summond, or that sall be absent furth of the realme, howbeit they be absent animo remanendi, sall be answerable to the jurisdictioun of the saidis lordis of counsaill and sessioun ratione rei de qua agitur in sic sorte as upoun the secund summondis; the saidis persones quha sall be generallie summonit and specialie sall be haldin to exhibit and produce all and quhatsumevir contractis, bandis and obligationis foirsaidis, indentouris and appointmentis, infeftmentis, chartouris, preceptis, instrumentis of sensing, confirmationis and ratificationis thairof, procuratoreis and instrumetis of resignatioun, maid alsweill in favouris of quhatsumevir uther persone for new infeftment as maid be the said umquhile Andro, erle of Erroll in his superiouris handis ad perpetuam remanentiam, reversionis, assignationis to reversionis, bandis, obligationis for makeing and delyvering of reversiounes, renunciationis and granting of redemptionis, discharges and renuciationis of reversionis, takkis, assedationis and rentallis and all utheris wryttis, evidentis and securiteis quhatsumevir, of quhatsumevir forme, tennour and qualitie maid and subscryvit be the said umquhile Andro, erle of Erroll at ony tyme fra his birth to his deceis, concerning the saidis landis, lordschip and baronie of Slaynis, annexis, connexis, partis, pendiclis and pertinentis of the samin, and the said office of great constabularie within the said realme of Scotland, and als all and haill the saidis landis, lordschip and baronie of Erroll, with annexis, connexis, pairtis, pendiclis and pertinentis thairof, or ony pairt of the samin, and of the lordschip and baronie of Logy Almond, regalitie thairof, or ony pairt of the samin, ather in propirtie or tennendrie, with advocatioun, donatioun and richt of patronage of the kirkis, chaplanreis and alterages pertening to the said erldome; and siclyk to exhibit and produce quhatsumevir takkis, assedationis or assignationis of takkis of quhatsumevir teyndis, personages or vicarages quhilkis pertenit to the said umquhile Andro, erle of Erroll, maid be him to quhatsumevir persones, and siclyk quhatsumevir bandis or obligationis allegeit maid be the said umquhile Andro, erle of Erroll to quhatsumevir persones, subscryvit with his hand, bindand and oblissand him for sowmes of money or doing or perfyting of ony uther deid quhairupoun actioun may be foundit aganis his airis or successouris in law, according to the forme and ordour foirsaid, to be sene and considerit be the saidis lordis, and to heir and sie the haill wryttis and evidentis in forme and qualitie as they ar befoir specefeit or of quhatsumevir uther forme, tennour or qualitie subscryvit be the said umquhile Andro, erle of Erroll generalie or specialie, to be improvin as accordis of the law, with certificatioun to the foirsaidis persones, generalie and specialie, that gif they failyie in productioun thairof as said is, the samyn sall be decernit and declarit to mak na faith in judgement nor outwith in ony tyme thaireftir. And forder that the saidis persones in generall and speciall sall nevir be hard to move actioun, cause or questioun be vertue thairof aganis the said Francis, erle of Erroll, his airis and successouris, or be vertue of ony of the saidis wryttis, evidentis, infeftmentis and utheris quhatsumevir of the qualitie and forme abone expremit or quhatsumevir uther tennour or qualitie the samyn be of, subscryvit be the said umquhile Andro, erle of Errole, directlie or indirectlie to the prejudice of the said Francis, erle of Erroll, his airis and successouris, concerning the saidis landis, lordschippis, baroneis, offices, advocatioun and donatioun of benefices, propirtie and tennendrie thairof, or for ony sowmes of money or fulfilling of ony deid contenit in ony band, contract or obligatioun foirsaid, or for ony teindis, rowmes and possessionis pertening to the said erle, quhilk ordour of proces oure soverane lord, with advyse of his thrie estaittis, hes fundin and declarit and, be the tennour of thir presentis, findis and declaris to be in the self just and lauchfull to all constructiounes for the effect foirsaid, affermand the samin be the authoritie of this present parliament that na persone sall be heireftir hard to impugne the samin, bot in this caise and quhan ony siclyk occurris, the samin sall stand for a law and statute immutable.