[1605/6/98]¹

²Erectioun of the lordschip of Abirbrothok in favouris of James, marques of Hammyltoun

Oure soverane lord, with advyse and consent of the estaittis of parliament presentlie convenit, considering the princelie duetie quhilk bindis his hienes in exampill of his maist nobill progenitouris to impairt to his maist loving subjectis sic honour and digniteis as thair meritis and vertuous actis in great services and of proffitable offices to his majestie and the commoun weill justlie requiris, to the end that nocht onlie be gratificatioun of his weill affectionat subjectis they micht continew thair ardour and affectioun in weill, bot als that throw thair exampill the nobill hairtis of his weill qualefeit subjectis may, in tyme cumming, throw hope of ane worthie remuneratioun, be mair prompt and desyrous to serve his celsitude and his successouris, to the advancement of the commoun weill quhairin they wer borne and nurischit. And heirwithall his majestie, perfytlie understanding that his hienes richt trustie and weilbelovit cousing James, now marques of Hammyltoun, is neirlie discendit of his majesteis blude, and that umquhile James, duik of Chatellarault, his gudschir, had the governament and reull of the realme of Scotland during the age pupillar of his majesties umquhile darrest mother, and that he faithfullie and trewlie dischargeit the duetie of his office to the weill of the realme and subjectis thairof, and that for the defence of the libertie of the said realme (than trublit be strangeris) the duikry of Chattellarault, the rent quhairof surmounting be yeir threttie thowsand frankis quhairin he was heretablie investit, was takin frome him and his posteritie be ressone of his assistance gevin to the removeing of the saidis strangeris, forinaris, furth of this realme; and als his majestie, understanding his maist constant and weill affectionat abyding with his hienes umquhile darrest mother foirsaid in mony of the trublis and afflictionis quhairin scho fell, to his great damage and skaith be the banisment of himself and his bairnis, the want of his rentis and leving for mony yeiris, besyd the loss of the lyffis of ane great number of his honorable friendis in defence of hir majesteis querrell; and lykwayes his majestie, considering the promptitude and readines of umquhile Johne, marques of Hammyltoun, father to the said James, now marques of Hammyltoun, to his service at all tymes as he was requirit nocht onlie as ane privat persone, bot als in mony and diverse commissionis of lieutennendrie gevin to him at diverse tymes as the necessitie of the realme requirit, with ane continewall perseverance of his ernestnes and zeall to tak away all dissentionis and seditionis that apperit to aryse within the realme, and safar as in him lay to unite all his majesteis subjectis to his hienes obedience, in the quhilk service he sua respectit his duetie to his majestie and to the weill of the realme that he left nathing undone on his pairt for the advancement thairof, without regaird had to the speciallis of the nobilitie, his neir kynnismen, quhairof his majestie had gude pruif and experience be his faithfull and cairfull attendance upoun his majesteis sacrate persone at diverse perrellous tymes in the feildis; and his majestie, calling to mynd the mony promesis maid be his hienes, nocht onlie in the word of a prince to the said umquhile Johne, marques of Hammyltoun to remunerat the saidis services as occasioun sall be offerrit, bot als be his majesteis letter, all writtin with his hienes hand direct to the said marques to that effect, and be his hienes infeftment under the great seall gevin to the said marques of the landis, lordschip, baronie, leving and regalitie of Aberbrothok as the samin beiris, and now willing to acquitt the said service in the persone and in favouris of the said James, now marques of Hamyltoun, his father being preventit be death, be sic gratificatioun and memorie as is presentlie possibill, and with leist hurte to his hienes crowne of Scotland and patrimonie thairof, and his majestie haveing now be speciall instructionis proponit to the saidis estaittis of parliament the saidis great services, actis and honorable deidis done to his majestie and to his said umquhile darrest mother and to the weill of the realme in particular be the saidis umquhile James, duik of Chattellarault, and umquhile Johne, marques of Hammyltoun, his sone, quhairupoun the saidis estaittis have takin full tryell and verificatioun and they have fundin, tryit, censurit and judgeit, lyk as they presentlie find, censure and judge the samin to be and to have bene great, sene and ressonable causes for the weill of his majestie and of his said realme of Scotland. And als his majestie and estaittis foirsaidis findis, decernis and declaris that his hienes, with thair advyse and consent, may for the saidis sens causes quhilkis they have knawin and tryit to be for the sene weill of his majestie and realme as said is, annalie and dispone ony pairt of the landis annexit to the crowne to the said James, now marques of Hammyltoun, his airis and successouris heretablie, to be haldin in sick maner and for sic service as his majestie pleisis; and to that effect that the annexatioun of they landis to the crowne quhilkis ar to be annaleit and disponit sall be simplicitir dissolvit fra the crowne for evir, that the samin may be annaleit and disponit to the said James, now marques of Hammyltoun, his airis maile and successouris. And the saidis estattis, being ryplie and gravelie advysit quhat his majestie may annalie and dispone with leist detriment to his yeirlie rent and crowne, the saidis estaittis, all in ane voce, have fundin and declarit and, be the tennour heirof, findis and declaris that the temporalitie, propirtie and superiouritie with the fewfermis and pertinentis of the monasterie³of Abirbrothok, being in his majesteis handis be the generall annexatioun of the haill kirklandis of the realme of Scotland to the crowne, togidder with the spiritualitie of the said abbacie, being in his majesteis handis be dimissioun and resignatioun maid thairof be the abbot and convent of the samin, thair lauchfull procuratouris and patent lettres, as the said dimissioun beiris, may with leist detriment to his majestie or hurte to the rent and patrimonie of the crowne of Scotland, for the sene causes abonewrittin, be disponit to the said James, marques of Hammyltoun, his airis male and successouris heretablie in maist ampill forme. And, thairfoir, the saidis estaittis of parliament findis it necessar and expedient that his majestie, be his hienes infeftment to be maid with advyse of his majesteis ordiner officiaris, sall erect, unit, creat and incorporat all and sindrie the landis, baroneis, annualrentis, mylnis, woddis, fischeingis and utheris quhatsumevir pertening to the said abbacie of Abirbrothok, be thair names, in speciall, quhairevir the samin lyis within this realme of Scotland, togidder with the haill spiritualitie of the said abacie, kirkis, teyndscheves and utheris teyndis, fruitis, rentis and emolumentis pertening and belanging thairto, in ane haill and frie lordschip and baronie and estait of ane lordschip of his hienes parliament, and that the samin lordschip and baronie, with all privileges and commoditeis pertening thairto, togidder with the honour, dignitie and estait of ane lord of his majesteis parliament, with the additioun of sick badge and armes as the said James, marques of Hammyltoun sall think expedient, sall be annaleit and disponit for the causes foirsaidis to the said marques, his airis and successouris heretablie, to be haldin of his majestie and his successouris in frie lordschip and baronie with the honour and dignitie of ane lord of parliament for evir. And to that effect his majestie and estaittis foirsaidis of this present parliament dissolvis, annullis and infringis the said generall annexatioun of the kirklandis of this realme of Scotland to the crowne in safar as it may be extendit to the said temporalitie of the said abbacie of Aberbrothok alanerlie, and ordinis the infeftment to be maid heirupoun to be extendit in maist ampill forme, berand ane unioun and incorporatioun of all the particularis in ane haill and frie lordschip and baronie, with ane speciall remitt and discharge, with consent of the collectour generall, of the haill thriddis of the said abbacie of Aberbrothok, alsweill victuall as money, becaus his majestie will be relevit and dischargeit of the sustentatioun of the ministrie of the kirkis thairof, and also to beir and contene provisioun that the said lordschip sall pay all taxationis in tyme cumming with the temporall lordis of the realme for the said temporalitie, comptand the said lordschip to twa hundreth pund land of auld extent, and of new extent to sex hundreth pund land; and that the said marques, his airis male and successouris lordis of the said lordschip sall have thair releif of the saidis taxationis of the heretable tennentis of the saidis landis eftir the rate and quantitie of thair landis sa oft as the saidis taxationis sall occur, and with express pouer to the said marques, his airis and successouris lordis of the said lordschip to retreit and reduce quhatsumevir infeftmentis, richtis and titillis of ony pairt of the saidis landis, teyndis and utheris pertening to the said lordschip for quhatsumevir causes competent of the law with all utheris clauses and provisionis quhilkis sall be neidfull for the said marquis and his airis foirsaidis for bruiking of the said lordschip and baronie. And to the effect foirsaid, his majestie and estaittis of parliament hes suppressit and extinguischit the memorie of the said abbacie of Aberbrothok that thair sall be na successour provydit thairto, nor na farder mentioun maid of the samin in ony tyme heirefter, and to the said alienatioun and dispositioun now as gif it wes alreadie maid and perfytit, and than as now, his majestie and the saidis estaitis of parliament hes interponit and interponis thair consent and authoritie as that deid quhilk is now and sall be in all tymes heireftir estemit and judgeit for the weill of oure said soverane lord and for ane sene proffeitt and commoditie to his crowne and realme of Scotland for evir, reserveand and exceptand alwayes furth of this present act and erectioun foirsaid all regalitie and all privileges thairof possessit be the abbottis and titularis of Aberbrothok of befoir, to remane with oure soverane lord, his hienes successouris and thair crowne inseparablie in all tyme heireftir.