[1605/6/119]¹

Erectioun of the abbacie of Balmirrenoch, with the landis and baroneis of Kirknewtoun and Balerno unite thairto, in ane temporall lordschip in favouris of the Lord Balmirrenoch

Oure soverane lord, with advyse and consent of the estaittis of the parliament of Scotland presentlie convenit, considering the princelie duetie quhilk bindis his hienes in the exampill of his maist nobill progenitouris to impairt to his maist loving subjectis sic honouris and digniteis as thair merittis and vertuous actis in great services and proffitable offices to his majestie and the commoun weill justlie requirit, to the end that nocht onlie be gratificatioun of his weill affectionat subjectis they micht continew thair ardour and affectioun in weill doing, bot als throw the example of them the nobill hartis of his weill qualifeit 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, deiplie remembering the great, lang and panefull service done to his majestie be his richt trest counsaillour Schir James Elphingstoun of Barntoun, knycht, brother germane to his traist cousing Alexander, lord Elphingstoun, secretar to oure soverane lord and president of the college of justice, continuallie sen he retyrit him frome the realme of France, quhair he spent his youth in lettres to inabill him self for the advancement of the commoun weill in his native soyle, first serveing his hienes in his secret affairis in the quhilkis he wes verie oftin imployit, thaireftir serveing in ane ordinar place of counsill and sessioun and administratioun of justice with all sinceritie and diligence be the space of mony yeiris bipast, and also chargeit with the burding of the office of secretarie principall to oure said soverane lord, and specialie now in thir lait dayes quhan his majestie, be the providence of God and his awin richt, succedit to the crowne of England and thairby become monarche of all Great Bretane, during the quhilk tyme ane great pairt of the burding of his hienes greatest affairis, quhilkis wer than multiplyit alsweill in England as in Scotland, wes uphaldin and sustenit to the great plesure of oure said soverane lord be the said Schir James in mony great and diverse worthie actis, offices and services, quhilkis ar nocht necessar to be specefeit in thir presentis, sa weill acceptit and allowit be oure said soverane lord, and quhilkis wer necessar and proffitable to his majestie and for the weill of the said realme of Scotland, the said Schir James being also descendit of ane nobill race and ancient linage for the quhilk his majestie on his pairt of his princelie duetie can nocht omit to remunerat and acquit the said service be sic gratificatioun as is now possibill and with leist hurte to his crowne of Scotland. And his majestie, haveing now be speciall instructiounes proponit to the saidis estaittis of parliament the saidis great services, actis and vertuous deidis done be the said Schir James in particular, quhairupoun the saidis estaittis have takin full tryell and verificatioun, they have fund, tryit, censourit and judgeit, lyk as they presentlie find, censour and judge the samin to be and to have bene great, seand and ressonable causes for the weill of his majestie and of the said realme of Scotland. And als, his majestie and estaittis foirsaidis findis, decernis and declairis that his majestie, with thair advyse and consent, may (for the saidis causes quhilkis they have knawin and tryit to be for the seand weill of oure said soverane lord and realme as said is) annalie and dispone ony pairt of the landis annexit to his crowne to the said Schir James, his airis and successouris, to be haldin in sic maner and for sic service as his majestie pleisis, 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 and dischargeit for evir, that the samyn may annaleit and disponit to the said Schir James and his airis eftirmentionat. And the saidis estaittis, 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 of thir presentis, findis and declairis that the temporalitie, propirtie and superiouritie, with the fewfermis and pertinentis of the abbacie and monasterie of Balmirrenoch, situat within the diocie of Sanctandrous and schirefdome of Fyffe, being in his majesteis handis be ressone of the generall annexatioun of the kirklandis to the crowne be the act of parliament haldin at Edinburgh, the tuentie nynt day of Julii the yeir of God j^M v^C fourscoir sewin 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 abbacie, togidder with the teyndscheves and utheris teyndis, fruittis, rentis, emolumentis and dueteis, baith personage and vicarage, of the parochkirkis and parochines of Balmirrenoch, Barry and Logy and of the vicarage pensionarie of Barry, fruitis and rentis thairof, quhilkis cummis under the generall exceptioun fra the said annexatioun and quhilkis laitlie pertenit to Maister Robert Auchmowithtie, undoubtit commendatar of the spiritualitie of the said abbacie and now resignit be the said commendatar (thair being nane of the convent thairof now on lyfe) be his lauchfull procuratouris and patent lettres under the commoun seall of the said abbay in his majesteis,² and simpliciter dimittit and over gevin be the said commendatar to be useit and disponit upoun be his majestie at his plesure, and siclyk all and sindrie the landis and baronyis of Kirknewtoun and Ballerno, alias callit the West Barony, and haill pairtis, pendiclis and pertinentis thairof lyand within the schirefdome of Edinburgh, togidder with the advocatioun, donatioun and richt of patronage of the parochkirk of Kirknewtoun, personage and vicarage thairof, pertening to his majestie be vertue of the act of annexatioun of the erldome of Gowrie, and leving thairof, to the crowne in the parliament haldin at Edinburgh, the fyftene day of November, the yeir of God j^M vj^C yeiris, may with leist detriment to his majestie or hurte to the rent and revenew of the crowne, for the seand causes abonewrittin, be disponit to the saidis James 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 ordinar officeris sall unite and incorporat the foirsaidis landis and baronyis of Kirk Newtoun and Ballerno, with the pertinentis, advocatioun, donatioun and richt of patronage of the said parochkirk of Kirknewtoun, personage and vicarge thairof, with the landis, baronyis, milnis, woddis, fischeingis, teyndis, fruittis, rentis and utheris abone expressit, quhilkis pertenit of auld to the said abbacie of Balmirrenoch, baith spiritualitie and temporalitie of the samin, to remane³be inseparablie thairwith in all tyme cumming as ane pairt and propir pertinent of the samin, and that thaireftir his majestie sall erect, unit and incorporat all and sindrie the samin landis, baronyis, mylnis, woddis, fischeingis and utheris quhatsumevir pertening to the said abbacie of Balmirrenoch be thair names in speciall quhairevir the samyn lyis, ather within the schirefdomes of Fyff, Forfar, Perth or ony uther pairt within the realme of Scotland, togidder with the saidis teyndscheves and utheris teyndis, fruittis, rentis, emolumentis and dueteis of the saidis kirkis and parochines of Balmirrenoch, Logy and Barry, personage and vicarage thairof, and als all and sindrie the foirsaidis landis and baronyis of Kirknewtoun and Ballerno with the said advocatioun, donatioun and richt of patronage of the said kirk of Kirknewtoun, personage and vicarage thairof, in ane frie baronie and estait of ane temporall lordschip of his hienes parliament, and that the samin, with all privilegeis and commoditeis pertening thairto, togidder with the honour, dignitie and estait of ane lord of his majesteis parliament, with the additioun of sic badge and armes as the said Schir James sall think expedient, sall for the seand causes foirsaidis be annaleit and disponit to the said Schir James and his airis maill and of tailyie and provisioun contenit in his infeftment of the landis of Barntoun heretablie, to be haldin of his majestie 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 foirsaidis of this present parliament dissolvis, annuleis and infringis the said generall annexatioun of the kirklandis of this realme of Scotland to the crowne insafer as it may be extendit to the said temporalitie of the said abbacie of Balmirrenoch alanerlie; and siclyk dissolvis, annullis and infringis the said act of annexatioun of the erldome of Gowrie and leving thairof to the crowne insafar as the samin may be extendit to the saidis landis and baronyis of Kirknewtoun and Ballerno and to the said advocatioun, donatioun and richt of patronage of the said kirk of Kirknewtoun, personage and vicarage thairof; and ordinis the infeftment to be maid heirupoun to be extendit in maist ample forme, beirand ane unioun and incorporatioun of all the particularis in ane baronie and lordschip, and ane speciall remit and discharge of the haill thriddis of the said abbacie of Balmirrenoch, alsweill victuall as silver, togidder with all monkis portiounes, first yeiris fruittis and fyft penny of the said abbacie and benefice thairof, becaus his majestie will be relevit and dischargeit of the sustentatioun of the ministeris at the foirsaidis kirkis, and also to beir and contene provisioun that the said lordschip pay all taxatiounes with the temporall lordis of the said realme of Scotland, comptand the said lordschip to threttie twa pund, four schillingis, fyve pennyland of auld extent, and to have his releif of all the heretable tennentis and utheris takismen of the saidis landis and teyndis eftir the rate and quantitie of thair landis and teyndis sa oft as the saidis taxatiounes sall occur; and with express power to the said Schir James and his foirsaidis to retreit and reduce for ressonable causes competent of the law all and quhatsumevir infeftmentis, seasingis, takkis, assedatiounes, rentallis, richtis and titillis of ony pairt of the foirsaidis landis, kirkis, teyndis and utheris abonespecefeit with all utheris clauses and provisiounes quhilkis sall be neidfull for the said Schir James 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 abbacy of Balmirrenoch, that thair sall be na successour provydit thairto, nor na forder mentioun maid of the same in ony tyme heireftir. And to the said alienatioun and dispositioun, now as gif it wer alreadie maid and perfytit, his majestie and the saidis estaittis 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 seand proffeitt and commoditie to his said realme of Scotland, reserveand and exceptand alwayes furth of this present act and erectioun foirsaid all regaliteis and privileges thairof (gif ony be) possessit be the abbottis and titularis of Balmirrenoch of befoir, to remane with oure soverane lord and his hienes successouris and thair crowne inseparablie in all tyme heireftir.