[1605/6/118]¹

Erectioun of the abbacie of Couper in ane temporall lordschip in favouris of James Elphingstoun

Oure soverane lord, with advyse and consent of the estaittis of the parliament of Scotland presentlie convenit, considering the gude, trew and thankfull service done to his majestie be his richt traist cousing and counsaillour James, lord of Balmerinnoch, his majesteis secretar and president of the college of justice, alsweill in his daylie and continuall attending in the secret counsaill and sessioun for the administratioun of justice to all his majesteis liegis, as in diverse and sindrie utheris great, wechtie and honorable services committit to his charge be his hienes concerning the commoun weill of this realme, in the quhilkis he hes dischargeit himself maist faithfullie, to his majesteis great honour and contentment and to the singular commoditie of the realme and liegis thairof, and heirwith remembering that his majestie was witnes and godfather to James Elphingstoun, sone to his said richt traist cousing, procreat betuix him and Dame Marjorie Maxwell, his spous, and that it becummis his majestie of his princelie duetie to remember his said godsone with some token of his hienes favour; and his majestie, haveing now be speciall instructiones proponit to the saidis estaittis of parliament the saidis great and faithfull services done to his majestie and for the particular commoun weill of the realme of Scotland be his said richt traist cousing and counsaillour, and the saidis estaittis haveing thairupoun takin full tryell and verificatioun, they have fundin, tryit, censurit and judgeit, lyk as they presentlie find, censour and judge the samyn to be, and to have bene, greate, seand and ressonable causes for the weill of his majestie and of his said realme of Scotland, as also his majestie and estaittis foirsaidis findis, decernis and declairis that his hienes, with thair advyse and consent, may for the saidis causes quhilkis they have knawin and tryit to be for the seand weill of his majestie and realme as said is, annalie and dispone ony pairt of the landis annexit to his crowne to the said James Elphingstoun, his majesteis godsone, sone to his said richt traist cousing, and to his airis and successouris, to be haldin in sic maner and for sic service as his majestie best pleises; and to that effect that the annexatioun to the crowne of the samin landis that ar to be annaleit and disponit sall be simpliciter dissolvit fra the crowne, that they may be annaleit and disponit to the said James Elphingstoun and his airis eftir mentionat. And the saidis estaittis, being ryplie and gravelie advysit quhat his majestie may annalie and dispone with leist detriment to his hienes yeirlie rent and crowne, the saidis estaittis all in ane voce have fundin and declairit and, be the tennour heirof, findis and declairis that the temporalitie, propirtie and superioritie with the fewfermes and dueteis of the abbacie and monasterie of Couper, situat within the schirefdome of Forfar, being in his majesteis handis be ressoun of the generall annexatioun of the kirklandis of this realme of Scotland to the crowne be speciall act maid thairanent in the parliament haldin at Edinburgh, the tuentie nynt day of Julii, the yeir of God j^M v^C fourscoir sevin yeiris, lyk as the spiritualitie of the said benefice contening the abbay place and monasterie with the houses, biggingis, orchardis, yairdis and thair pertinentis lyand within the precinct of the said abbay, togidder with the teyndscheves and utheris teyndis, fruittis, rentis, emolumentis and dueteis, baith personage and vicarage, of the parochkirkis and parochines of Bendochie, Airlie, Mathy, Glenylay and Fossoquhy, quhilkis cummis under the generall exceptioun fra the said annexatioun and quhilkis laitlie pertenit to Maister Andro Lamb, indoubtit commendatar of the spiritualitie of the said abbacie and now resignit be the said commendatar (thair being nane of the convent thairof now on lyff) be his lauchfull procuratouris and patent lettres under the commoun seall of the said abbay in his majesteis handis, and simpliciter dimittit and ouergevin be the said commendatar to be useit and disponit be his majestie at his hienes plesure, may, with leist detriment to his majestie or hurte to the rent and revinew of the crowne, for the seand causes abonewrittin, be disponit to the said James Elphingstoun and his foirsaidis in maist ample forme; and thairfoir the saidis estaittis of parliament findis it necessar and expedient that oure said soverane lord, be his hienes infeftment to be maid with advyse of his majesteis ordinar officiaris, sall erect, unit, creat and incorporat all and sindrie landis, baroneis, mylnis, woddis, fischeingis, annualrentis and utheris quhatsumevir pertening to the said abbacie of Couper be thair names in speciall quhairevir the samyn lyis, ather within the schirefdomes of Forfar, Perth, Aberdene or within ony utheris within the realme of Scotland, togidder with all and sindrie the teyndscheves and utheris teyndis, baith personage and vicarage, fruittis, rentis, emolumentis, proffeittis and dueteis quhatsumevir of the foirsaidis kirkis and parochinnes of Bendoquhy, Airlie, Mathy, Glenylay and Fossoquhy in ane haill and frie baronie and estait of ane lordschip of his hienes parliament, and that the samyn, with all privilegis and commoditeis pertening thairto, togidder with the honour, dignitie and estait of ane lord of his majesteis parliament, with badge and armes for the causes foirsaidis, sall be annaleit and disponit to the said James Elphingstoun and his airis maill lauchfullie to be gottin of his bodie, quhilkis failyeing to the said James, lord of Balmerinoch, his father, and to his airis maill and of tailyie contenit in his infeftment of the landis and baronie of Ballumbie, heretablie to be haldin of oure soverane lord and his successouris in frie baronie and frie lordschip with the honour and dignitie of ane lord of parliament for evir. And to that effect his majestie and estaittis of parliament foirsaid dissolvis, annullis and infringis the said generall annexatioun of the kirklandis of this realme of Scotland to the crowne insafar as it may be extendit to the said temporalitie of the said abbacie of Couper alanerlie, and ordinis the infeftmentis to be maid heirupoun to be extendit in maist ampill forme, beirand ane unioun and incorporatioun of all the particularis in ane baronie and lordschip with ane speciall remitt and discharge of the thriddis of the said abbacie of Couper, alsweill victuall as silver, togidder with all monkis portiounes, first yeiris fruittis and fyft penny of the samin abbacie and benefice, because his majestie will be relevit and dischargeit of the sustentatioun of the ministeris of the foirsaidis kirkis, and also to beir and contene provisioun that the said lordschip pay all taxatiounes with the temporall lordis for the said temporalitie, comptand the samyn to ane hundreth merkland of auld extent, and to haif his releif of all the heretable tennentis and utheris takismen of the saidis landis and teyndis eftir the rait and quantitie of thair landis and teyndis sa oft as sall occur the saidis taxatiounes, and with express power to the said James and his airis foirsaidis to retreit and reduce quhatsumevir infeftmentis, takkis, assedatiounes, rychtis and titillis of ony pairt of the saidis landis, mylnis, woddis, fischeingis, teyndis and utheris for quhatsumevir cause competent of the law with all utheris clauses and provisiounes quhilkis sall be neidfull for the said James and his airis for bruiking of the said lordschip and baronie. And to the effect foirsaid his majestie and estaittis of parliament hes suppressit and extinguissit the memorie of the said abbacie of Couper that thair sall be na successour provydit thairto, nor na forder mentioun maid of the samyn in ony tyme heireftir, and to the said alienatioun and dispositioun, now as gif it wer alreadie maid and than as now, his majestie and the saidis estaittis of parliament hes interponit and interponis thair consent and authoritie as that deid quhilk is and sall be in all tymes heireftir estemit and judgeit for the weill of oure said soverane lord and for ane seand proffeitt and commoditie to his crowne and realme of Scotland, reserveand and exceptand alwayes furth of this present act and erectioun foirsaid all regalities and privileges thairof (gif ony be) possessit be the abbottis and titularis of Couper of befoir, to remane with oure soverane lord and his hienes successouris and thair crowne inseparablie in all tyme heireftir.