[1605/6/124]¹

Erectioun of the priourie of Sanctandrois in ane temporall lordschip in favouris of the Duk of Lennox

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 example of his maist noble 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 requiris, to the end that nocht onlie be gratificatioun of his hienes weill affectionat subjectis they mycht continew thair ardour and affectioun in weill doing, bot als that throw thair example the noble hairtis of his weill qualifeit subjectis may in tyme cummyng, throw hope of ane worthie remuneratioun, be mair prompt and desyreous to serve his selsitude and his successouris to the advancement of the commoun weill and honour of the realme; and heirwith his majestie, remembering that his hienes darrest cousing Lodovick, duik of Lennox, erle Darnelie, lord Torboltoun, Methven and Obegny etc., is nocht onlie discendit of his majesteis blude royall and neir attingent in consanguinitie to his hienes, bot alse his majestie, remembering the manyfald trew, diligent and faythfull services done to his hienes at all tymes be his said darrest cousing and his promptitude and reddines in the said service as he wes requirit, alsweill within the realme of Scotland as in the realmes of France and England, to the quhilkis realmes he for his worthines, knawlege, discretioun and wisdome, besyd the great dignitie and rowme quhairunto he wes callit, wes diverse tymes directit ambassadour for sindrie great affairis and worthie materis concerning his majesteis persone and the particular weill and estait of the realme of Scotland, quhais great diligence and faithfull service brocht evir with it ane happie succes tending to the weill and honour of his majestie and the crowne and to the particular commoditie and proffeitt of the realme of Scotland; and his majestie and the saidis estaittis of this present parliament, haveing speciall regard and respect to the saidis particular services done be the said Lodovick, duik of Lennox, besydis mony utheris nochtabill services done be him to his majestie alsweill in his privat and domestique affairis as for the proffeitt and commoditie of the said realme of Scotland, for the quhilkis he hes nocht onlie as yit remanit unrecompensit, bot alse the greatest pairt of the saidis services wer done and performit be him in forane realmes upoun his awin propir charges and expenses (nawayes as yit recompansit), for the quhilkis he wes forceit to ingage ane great pairt of his landis and heretage; quhilkis all being considerit be his hienes and estaittis foirsaidis, his majestie, with thair advyse and consent, following the honorable and loveable example of his maist nobill progenitouris, hes thocht and estemit maist aggreabill with his princelie deutie that his said darrest cousing sall be respectit in honour and dignitie with sic benefite as for the present his majestie may giff with leist hurte to his hienes crowne of Scotland, unto the tyme sum better occasioun may be offerrit mair amplie to remunerat his said service to the end he may be the better moveit to continew in the promptitude of his said service and thairby gif utheris occasioun to follow his gude example; and his majestie, haveing now be speciall instructiounes proponit to the saidis estaittis of parliament the saidis great services, actis and honorable deidis done to his majestie and to the particular weill of the realme be his said darrest cousing, quhairupoun the saidis estaittis hes takin full tryell and verificarioun, 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, seand and ressonable causes for the weill of his majestie and of his said hienes realme of Scotland; and alse his majestie and estaittis foirsaidis findis, decernis and declairis that his majestie with thair advyse and consent may, for the saidis seand causes quhilkis they have knawin and tryit to be for the seand weill of his majestie and realme of Scotland as said is, gif, annalie and dispone ony pairt of the landis annexit to his majesteis crowne to his said darrest cousing, his airis and successouris heretablie, to be haldin in sic maner and for sic yeirlie duetie as his majestie pleisis, and to that effect that the annexatioun of they landis to the crowne quhilkis ar to be gevin, annaleit and disponit sall be simpliciter dissolvit fra the crowne for evir, that the samyn may be gevin, annaleit and disponit to his said darrest cousing, his airis and successouris heretablie, and the saidis estaittis being ryplie and gravelie advysit quhat his majestie may gif, annalie and dispone to his said darrest cousing with leist detriment to his majesteis rent and crowne, the saidis estaittis all in ane voce have fundin and declairit and, be the tennour heirof, findis and declaris that the temporalitie, patrimonie, propirtie and superiouritie with the fewfermes, rentis and dueteis of the abbacie and priourie of Sanctandrois, 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, kirkis, teyndis, fruittis and rentis thairof being in his majesteis handis be dimissioun and resignatioun maid of the samyn be the priour and convent of the said abbay, thair lauchfull procutouris 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 seand causes abonewrittin, be gevin and disponit to the said Lodovick, duik of Lennox, his airis and successouris heretablie, in maist ample, competent and dew forme; and thairfoir, the saidis estaittis of parliament findis it necessar and expedient that our said soverane lord, be his majesteis infeftment to be maid with advyse of his hienes ordinar officeris, sall erect, unit, annex, creat and incorporrat all and sindrie landis, lordschippis, baroneis, mylnis, woddis, fischeingis, parkis, forrestis, mansiones, manerplaces, yairdis, orchardis, kirkis, collegis, teyndscheves and utheris teyndis, fruitis, rentis, emolumentis, fewfermes, maillis, fermes, annualrents, caynis, customes, casualiteis, tennentis, tennandreis, service of frie tennentis and all utheris proffeittis, richtis, emolumentis and dueteis quhatsumevir pertening or that richteouslie hes pertenit to the said priourie and abbacie of Sanctandrous, patrimonie and propirtie thairof, baith temporalitie and spiritualitie of the samin, and quhairof the priouris and conventis of the said abbay hes bene in posessioun in ony tyme bigane in ane haill and frie temporall lordschip, baronie and estait of ane temporall lordschip of his hienes parliament, and that the samyn, with all privileges and commoditeis pertenyng thairto, togidder with the honour, dignitie and estait of ane lord of his majesteis parliament, with the additioun of badge and armes, sall be for the seand causes foirsaidis gevin, annaleit and disponit to the said Lodovick, duik of Lennox and his airis maill lauchfullie gottin, or to be gottin, of his bodie, quhilkis failyeing to Esmie Stewart, his brother germane, and his airis maill lauchfullie to be gottin of his bodie, quhilks failying to returne agane to his majestie and to his hienes successouris, 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 saidis kirklandis of this realme of Scotland to the crowne insafar as it may be extendit to the temporalitie of the foirsaid priourie and abbacie of Sanctandrois alanerlie; and ordanis the infeftment to be maid heirupoun to be extendit in maist ample forme, beirand ane erectioun, unioun and incorporatioun of all the particularis, baith temporalitie and spiritualitie, of the said priourie and abbacie in ane temporall lordschip and baronie, and ane speciall remit and discharge, with consent of his majesteis thesaurar and of his hienes generall collectour, of the haill monkis portiounes and of the haill thriddis of the said priourie and abbacie, alsweill victuall as silver, becaus his majestie will be releiffit and dischargeit of the sustenatioun of the ministerie of the kirkis quhilkis pertenit of befoir to the said priourie; 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 [...] pundland of auld extent, and that the said Lodowick, duik of Lennox, his airis and successouris sall have thair releif of the saidis taxatiounes of all the heritable tennentis of the saidis landis eftir the rate and quantitie of the samin landis sa oft as the saidis taxatiounes sall occur; and with express power to the said Lodovick, duik of Lennox, his airis and successouris, to retreat and reduce for ressonable causes competent of the law all and quhatsumevir infeftmentis, takkis, assedatiounes, rentallis, richtis and titillis of ony pairt of the saidis landis, kirkis, teyndis and utheris abonespecefeit, with all utheris clauses and provisiounes quhilkis sall be neidfull for the said Lodovick, duik of Lennox, his airis and successouris foirsaidis, for bruiking of the said lordschip and baronie. And to the effect foirsaid, his majestie and estaittis of parliament hes suppressit and extinguishit the memorie of the said priourie and abbacie of Sanctandrois, that thair sall be na successour provydit thairto, nor na farder mentioun maid of the samyn in ony tyme heireftir; and to the said alienatioun and dispositioun, now as gif it wer alredie maid and perfytit 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 now, and sall be in all tymes heireftir, estemit and judgeit for the weill of oure said soverane lord and for a seand proffeitt and commoditie to his crowne and realme of Scotland, reserveand and exceptand alwayes furth of this present act and erectioun foirsaid all regaliteis and privileges thairof possessit be the priouris and commendataris and titularis of the said priourie of Sanctandrous of befoir, to remane with oure soverane lord and his hienes successouris in all tyme cummyng, and siclyk reserveand and exceptand furth of this present act and erectioun foirsaid the bischoprik of Sanctandrois, regaliteis belanging thairto and haill rentis, dueteis, emolumentis and proffeittis of the said bischoprik, and declairis that the samin sall nawayes be hurte, prejudgeit nor impairit be the said act of erectioun; and alse reserveand and exceptand furth of the said act of erectioun the haill heretable baillreis of the haill landis of the bischoprik of Sanctandrois quhairevir they ly within this realme of Scotland, to the heretable bailleis thairof, and specialie reserves to the laird of Darsie his heritable bailliarie of the baronie of Sanctandrois haldin of the archibischop of Sanctandrois conforme to the tennour of his heretable infeftment of the said bailliarie in all pointis; and in lykmaner reserves and exceptis furth of the said act of erectioun of the said priourie of Sanctandrois the kirk and the haill teyndscheves of the paroch kirk and parochin of Kilgour, with the landis of Freirtoun pertening to David, lord Scone.