[1607/3/29]¹

Act in favouris of the Erle of Murray

18. Forsamekle as at oure soverane lordis desyre, the lordis and haill estaitis of his majesteis present parliament haldin within this realme of Scotland, haveing sene, red, considerit and perfytlie undirstand ane speciall act of his privie counsaill thairof daitit at Halyrudhous, the aucht day of Marche the yeir of God j^M vj^C and thrie yeiris, whereby his majestie, with advyse and consent of the lordis of his said privie counsaill and of his thesaurar, comptroller and collectour generall of his said realme, for great, ressonable and sene causes thairin specefeit tending to the advancement of his majesteis royall estait, universall peax and quietnes of his said realme than sufficientlie foirsene, tryit and provin, faithfullie promittit in the word of a king be speciall act of his majesteis parliament, with advyse and consent of the estaittis of his said realme, for sene causes to be tryit and verefeit thairintill, to mak and cause be maid in effect the ratificatiounis, approbationis, confirmatiounes, dissolutioun, new dispositioun and utheris underwrittin, as the said act of secreit counsall maid thairupoun mair fullelie proportis; thairfoir the saidis lordis and estaittis of parliament now convenit, haveing alsua at his majesteis desyre sene, red, considerit and perfytlie undirstand all and sindrie the charteris and infeftmentis undir mentionat maid and grantit to the predecessouris or authouris under nominat of his majesteis richt trest cousing James, now erle of Murray, lord Doun and Abernethie, off the landis, lordschippis, baroneis, erldome and utheris underwrittin, and knawing perfytlie and haveing of new tryit in this parliament be sufficient verificatiounes the causes contenit in the said act of secrete counsaill to be trew, and the samyn with the good, trew and thankfull services mony wayes done to his majestie in the commoun and publict affairis of his said realme be the said Erle of Murray and his predecessouris, to have bene and to be ressonable, proffitable and sene causes of that samyn realme sua fundin and provin be decrete of this parliament; inrespect thairof, oure said soverane lord and haill estaittis thairof, with ane advyse and consent, hes ratefeit, approvin and perpetualie confermit and, be the tennoure of this present act, ratefeis, apprevis and perpetualie confermis alsweill the speciall act of secret counsaill abone rehersit as lykwayes all and sindrie the charteris and infeftmentis in speciall and in generall under mentionat, maid and grantit be oure said soverane lord and his maist noble progenitouris successive, and be the utheris persones undir mentionat respective, to the predecessouris undir nominat of the said James, now erle of Murray, thair airis and assignais thairin specefeit, of all and sindrie the landis, lordschippis, baroneis, erldome, mylnis, multuris, woddis, fischeingis and utheris quhatsumevir, alsweill in speciall as in generall undirwrittin, whilk his majestie and estaittis foirsaidis will have haldin as for expressit in this present act, and to be als sufficient and effectuall as gif everie ane thairof in particular wer be thair speciall names and denominatiounes expreslie insert heirintill, viz: first, ane charter and infeftment maid and grantit be his majestie under his great seall eftir his perfyte age of tuentie ane yeiris compleit, with advyse of his comptroller for the tyme, of the date at Halyrudhous, the sext day of Januar, the yeir of God j^M v^C fourscoir sevin yearis, to umquhile James, than lord Down, gudschir on the fatheris syde to the said James, now erle of Murray, and his airis maill thairin designit, off all and sindrie the particular townis, landis, mylnis, multuris, woddis, fischeingis, fermes and dueteis of fewferme, offices of custodie, constabularie, forrestrie and stewartrie thairin specefeit, with the advocatioun, donatioun and richt of patronage of the chaplanreis thairin designit and utheris whatsumevir comprehendit thairintill, unitit, annexit, erectit and incorporat in ane haill frie lordschip and baronie than callit and to be callit in all tymes thaireftir cumming the lordschip of Down, all lyand within the stewartrie of Menteth, to be haldin of oure said soverane lord and his successouris in fre heretage, frie lordschip and baronie for evir, for yeirlie payment to have bene and to be maid to his majestie and his successouris and to thair comptrolleris for sindrie of the saidis particular landis, mylnis, fischeingis, fermes and dueteis of fewferme thairin expremit, off all and sindrie the yearlie few maillis of money, victuall and utheris dueteis perticularlie designit in the said chartour and infeftment maid thairupoun, or yearlie prices of the said victuall specefeit thairintill, in the optioun of the payaris, in maner and at the termes thairin contenit, and for the yearlie payment appointit to be maid for the office of stewartrie of Menteth and office of custodie of the castell of Down, forrestis and woddis of Glenfinglas and utheris woddis and schawes thairin expremit, with the fischeingis of Lochbannaquhair and Lochlipnoch and of the watteris of Teith and Guddie, with thair pertinentis, of ane penny money of this said realme in name of blenshe ferme, gif it be askit, and for the said advocatioun, donatioun and richt of patronage of the chaplanreis thairin designit of ane penny money foirsaid in name of blenshe ferme, gif it beis askit, alanerlie; in the whilk chartour also oure said soverane lord, with advyse foirsaid, gaif, grantit, assignit and disponit to the said umquhile James, lord Down and his airis maill foirsaid certane fewfermes of sum particular landis and utheris thairin specefeit for the custodie of the said castell of Down and for uphalding of the samyn wattirteich, as the said chartour maid and grantit thairupoun contening sindrie utheris heidis and articlis mair fullelie proportis; and als ane uther anteriour chartour maid of befoir be oure said soverane lordis umquhile darrest mother of worthie memorie, quene of this realme for the tyme, undir hir great seall pairtlie to the said umquhile James, lord Down, than stylit James Stewart of Down, and umquhile Margaret Campbell, than his spous in conjunctfie, and pairtlie to the said umquhile Lord Doun himself and thair airis thairin designit of the fyve merklandis of auld extent of Collintogill, the fyve merkland of auld extent of Brokland and of sindrie utheris landis, mylnis, fischeingis, offices of stewartrie, forrestrie and utheris abone mentionat, specefeit alsweill thairintill as in the said chartour of the foirnameit landis, lordschip and baronie of Doun, lyand within the said stewartrie² of Menteth, in maner contenit at mair lenth in the said chartour maid to thame thairupon, of the date at Edinburgh, the sext day of Marche, the yeir of God j^M v^C threscoir thrie yearis. Item, ane uther chartour and infeftment maid be oure soverane lordis umquhile darrest father and mother of maist worthie memorie, Henrie and Marie, be the grace of God, king and quene of the said realme for the tyme, under thair great seall of the date at Edinburgh, the first day of Junii, the yeir of God j^M v^C threscoir sex yeiris, to umquhile James, than erle of Murray, gudschir on the motheris syd to the said James, now erle of Murray, and Dame Anna Keith, than his spous, and the langest levar of thame twa in conjunctfee, and thair airis than lauchfullie gottin or to be gottin betuix thame, quhilkis failyeing to the narrest and lauchfull airis quhatsumevir of the said umquhile James, than erle of Murray, off all and haill the landis, lordschip and erledome of Murray, contening thairintill all and sindrie the particular townis, landis, mylnis, (of all and haill) multuris, woddis, fischeingis and utheris of the said lordschip and erldome of Murray specefeit in the said chartour maid thairupoun, togidder with the salmond fischeingis in the watteris of Spey, Findorne, Slewpule and Losse with the customes thairof, the burrow maillis and customes of Elgin and Forres, with the castell of Darnoway, with the forrest, park and schawes thairof and all utheris landis, touris, fortalices, woddis, mylnis, fischeingis, pairtis, pendiclis, tennentis, tenandreis, services of frie tennentis, advocatioun and donatioun of kirkis and chaplanreis and all utheris whatsumevir of the said lordschip and erledome of Murray, with thair pertinentis, lyand within the schirefdome of Elgin and Fores, and als of all and haill the landis and lordschip of Abirnethie, with the annexis, dependences, pendiclis and pertinentis thairof, and of all and haill the landis and lordschip of Stratherne, viz: the landis of Pettie, Brachlie and Stratherne, with all and sindrie outsettis, pendiclis and pertinentis thairof, and als the myln of Carnage with the richt of patronage, advocatioun and donatioun of the kirkis of Pettie and Brachlie and the tour and fortalice of Halhill, withall thair pertinentis, lyand within the schirefdome of Invernes, the landis of Cardoll, the towne and landis of Cullaird with the towir and fortalice thairof, the Brodland, the halfland of Holme, with the salmond and uthairis fischeingis thairof in the watter of Nesse, with castellis, touris, fortalices, woddis, mylnis, fischeingis, pairtis, pendiclis, tennentis, tennandreis, service of frie tennentis, advocatioun, donatioun and richtis of kirkis, benefices, chaplanreis and hospitallis of the samin and all thair pertinentis lyand within the said schirefdome of Invernes, to be haldin of oure said soverane lordis umquhile darrest father and mother and thair successouris in fie and heretage for evir, for yeirlie payment thairfoir of richtis and services aucht and wont as the saide chartour maid thairupoun contening sindrie utheris heidis and clauses in the self mair fullelie proportis. Item, ane charter maid and grantit be oure said soverane lordis darrest mother abone nominat eftir hir perfyte age of tuentie ane yeiris compleit, to the said umquhile James, than erle of Murray, and his airis thairin designit, of the date at Striveling, the thrid day of Junii, the yeir of of God j^M v^C threscoir fyve yeiris, of all and sindrie the landis and utheris thairin contenit than unitit, erectit and incorporat in the baronie of Glendowachie and all and sindrie the utheris chartouris and infeftmentis maid and grantit be oure said soverane lordis umquhile darrest mother and utheris his predecessouris to the said umquhile James, erle of Murray, gudschir on the motheris syd to the said James, now erle of Murray, and his airis designit thairintill, of whatsumevir landis, baroneis, mylnis, multuris, woddis, fischeingis and utheris thairin specefeit of the erldome of Buchane, lordschippis and baroneis of Ouchterhouse, Glendowachie and utheris mentionat thairintill lyand within the schirefdomes of Forfair, Aberdene and Banff respective, of the daitis respective thairin contenit. Item, the chartour of fewferme maid and grantit be umquhile Patrik, bischope of Murray, with consent of the chaptour of the cathedraill kirk thairof, to the said umquhile James, erle of Murray, his airis and assignais thairin designit, of the towne and landis of Spyne and of sindre utheris landis, mylnis, multuris, fischeingis and utheris thairin specefeit whilkis than pertenit to the said bischoprik of Murray, to be haldin of the said umquhile bischop thairof and his successouris in fewferme and heretage in maner thairin contenit, of the date the tent day of Aprile, the yeir of God j^M v^C threscoir aucht yeiris, and als ane chartour of the date the threttene day of Julii, the yeir of God j^M v^C threscoir nyne yeiris, maid be Robert Innes, sone and apperand air to James Innes, than of Dranye, with consent of the said James, his father, and Katarine Gordoun, his mother, to the said umquhile James, erle of Murray, gudschir abone mentionat, umquhile Dame Agnes Keith, his spous, and thair airis thairin specefeit, off all and haill the towne and landis callit Bischoppismyln, with the corne myln thairof, multuris, knavschip and suckin of the samin, and of all and haill the landis callit the Akeris lyand in that samin towne, with the four coithouses and ailhouse lyand also thairintill, the landis of Pettinkark lyand in the baronie of Spyne and schirefdome of Elgin and Fores, and of all and haill the corne myln of Kynnedour lyand within the baronie foirsaid, and that samin schirefdome to be haldin of the said umquhile Patrik, bischop of Murray, and his successouris in maner contenit in the said chartour maid thairupoun; and als ane chartour of confermatioun of that samin principall chartour maid and grantit be the said umquhile Patrik, bischop of Murray, of the date the fyftene day of Julii, the foirsaid yeir of God j^M v^C threscoir nyne yeiris. Item, ane chartor and infeftment of fewferme maid and grantit be umquhile Johne, abbot of the monasterie of Lundoris and convent thairof, of the date the secund day of November, the yeir of God j^M v^C threscoir yeiris, to the said umquhile James, erle of Murray, gudschir abone mentionat, thairin callit James, sone to umquhile King James the Fyft, and his airis thairin designit, off all and sindrie the said umquhile abbotis and conventis landis of Eister Fyntreis and Wester Fyntreis, medow thairof, loches, stankis and maner place of Fyntrays, yairdis thairof, wod of Garwok and fischeingis upoun the watter of Done, and all and sindrie the landis of Langcruik, with all thair pairtis, pendiclis, outsettis and pertinentis lyand in the baronie of Fyntrayis, regalitie of Lundoris and schirefdome of Aberdene (exceptand as is thairin exceptit) in maner contenit at mair lenth in the said charter of fewferme maid thairupoun; togidder with ane charter of confirmatioun following thairupoun maid and grantit be oure said soverane lordis umquhile darrest mother abone nominat under hir hienes great seall of the date at Lynlithgw, the last day of Marche, the yeir of God j^M v^C threscoir fyve yeiris, ratefeing, appreving and conferming alsweill the charter of fewferme immediatlie abonespecefeit of the saidis landis and utheris thairin contenit, as lykwayes ane uther charter of fewferme of the date the tuentie day of Marche, the yeir of God j^M v^C fiftie sevin yeiris, maid and grantit be umquhile Johne, than commendatar of the abbay of Coldinghame and convent thairof, to the said umquhile James Stewart, than commendatar of the priorie of Sanctandrous (quha wes eftir the said umquhile James, erle of Murray, gudschir abone mentionat) and his airis thairin designit, off all and sindrie the landis of Fischewick, with the portis, loches and fischeingis thairof in the watter and riveir of Twede, with the [...] of Sanct Ebbe, vulgarlie Sanct Ebbis burgh, with all thair pertinentis lyand in the baronie of Coldinghame and within the schirefdome of Berwick in maner contenit at mair lenth in the said charter of confirmatioun; togidder with the last charter of fewferme immediatlie abone mentionat insert thairintill; and siclyk ane uther charter of confirmatioun maid and grantit be Patrik, commendatar of the abbacie of Lundoris and convent thairof of the date at Halyrudhous, the tuentie sext day of December, the yeir of God j^M v^C fourscoir yeiris, to the said umquhile Dame Anna Keith, than countes of Argyle and Murray, in lyfrent for all the dayes of hir lyfetyme, and to umquhile Dame Elizabeth Stewart, eldest of the airis femell procreat betuix hir and the said umquhile James, erle of Murray, gudschir foirsaid, and hir airis thairin specefeit, off all and haill the aucht pairt landis of the towne of Haltoun of Fyntray, with the pertinentis, togidder with the aucht pairt of the wod belanging to the said towne with the pertinentis thairof, with the just and equall pairt of the toftis and croftis belanging to the said aucht pairt of the towne abonewrittin lyand in the said baronie of Fyntray, schirefdome of Aberdene and regalitie of Lundoris, and that be resignatioun maid thairof be Andro Pitcarne of Innernethie and Jonet Chalmeris, his spous, to quhome the samin pertenit in conjunctfie and fewferme of befoir, togidder with the originall chartour of fewferme maid thairupon be umquhile Johne, abbot of the said monaisterie of Lundoris and convent thairof, to the said Andro Pitcarne, Jonet Chalmeris, his spous, thair airis and assignais quhatsumevir, of the date the tuelf day of November, the yeir of God j^M v^C fyftie aucht yeires; and als ane uther charter of fewferme maid and grantit be umquhile James Hervie, advocat, to umquhile James, erle of Murray, lord Abernethie and Down, quha last deceissit, father to the said James, now erle of Murray, his airis and assignais heretablie, of all and haill the said umquhile James Herveis four oxin gait of the said towne and landis of Haltoun of Fyntray extending to the sext pairt of the samin towne, with the sextent pairt of the wod thairof callit the wod of Garwok, with toftis, croftis and utheris pertinentis of the samyn pertening of befoir in fewferme to umquhile Williame Harvie, burges of Aberdene, than haldin of the abbott and convent of Lundoris for the tyme lyand within the parochin of Fyntray, the said regalitie of Lundoris and schirefdome of Aberdene, to be haldin of said soverane lord, than superiour thairof, be vertue of the act of annexatioun of all kirklandis within this foirsaid realme to his majesteis crowne, and of his successouris in fewferme and heretage for evir, in maner contenit at mair lenth in the said charter maid be the said James Harvie thairupoun of the date at Aberdene, the nynt day of Maii, the yeir of God j^M v^C fourscoir ellevin yeiris; togidder with the anteriour charteris of fewferme maid thairupoun of befoir to the saidis umquhile Williame Hervie, James Hervie and thair airis specefeit thairintill of quhatsumevir date or datis the samyn be. Item, ane charter of fewferme of the date the tuentie sevint day of Aprile, the yeir of God j^M v^C fourtie thrie yeiris, maid and grantit be umquhile Richard, than abbot of the monasterie of Sainct Columbisinche and convent thairof, to umquhile James Stewart, brother germane to umquhile Andro, lord Uchiltrie, and umquhile Dame Margaret Lyndesay, lady of Invermay, his spous (grandschir and grandame to the said James, now erle of Murray, on his fatheris syde) in conjunctfie and thair airis thairin designit, of all and sindrie the landis and baronie of Baith, contening the landis underwrittin, viz: the landis of Craigbaith, Kirkbaith, Baithillokis, Scheillis, Hiltoun, Esteir Towne and Nathertowne, Muirtowne, coilheuch landis, with the coilheuch thairof, and thair pendiclis, pertinentis and outsettis, togidder with the myln of Baith, mylnlandis and multuris thairof, with all thair pertinentis lyand within the schirefdome of Fyff in maner contenit at mair lenth in the said charter of fewferme maid thairupoun; togidder with ane charter of confirmatioun of the samin maid and grantit be oure soverane lordis darrest mother abone nominat under his hienes great seall of the date the first day of Junii, the foirsaid yeir of God j^M v^C fourtie thrie yeiris; and als ane uther charter of fewferme of the date the tent day of Marche that same yeir of God, maid and grantit be the said umquhile Richard, abbot of the said monasterie of Sanct Columbisinche and convent thairof, to the saidis umquhile James Stewart and Dame Margaret Lyndesay, spouses (quha wer grandschir and grandame abone mentionat), and thair airis thairin specefeit, of the landis of Killerye lyand within the schirefdome of Fyf, the myln callit Pasker Myln, with the mylnlandis and multuris thairof, and thair pertinentis lyand within that samin schirefdome, the said abott and convent of Sanct Columbisinche, Myln of Cramond, with the myln landis, multuris and pertinentis thairof lyand within the schirefdome of Edinburgh, the landis of Dudingstoun, with the pertinencis,³ lyand within the schirefdome of Lynlythgw, and thair landis of Clarberstoun, with thair pertinentis, lyand within the said schirefdome of Edinburgh; ane uther charter of fewferme of the date the sevint day of Februar, the yeir of God j^M v^C threscoir sevin yeiris, maid be umquhile James, than abbot of the said monasterie of Sanctcolme and convent thairof, to the said James Stewart (quha wes thaireftir the said James, erle of Murray that last decessit), than lauchfull sone to umquhile James Stewart of Down, knycht, his airis and assignais quhatsumevir, of all and sindrie thair landis underwrittin, alsweill propirtie as tenandrie, viz: the landis of Newtoun, Cuthilhill, Seysyde and Caikinche, ane aker and half ane aker of land lyand at the westend of the brig of Abirdour and of the myln of Aberdour and myln landis thairof, and astrict multuris of the samin, with all utheris pendiclis and pertinentis of the landis and myln immediatlie abone rehersit lyand within the said schirefdome of Fyff, than occupyit in maner contenit in the said charter maid thairupoun, and that be resignatioun of umquhile Andro, lord Stewart of Uchiltrie, to quhome the samin pertenit in fewferme of befoir, togidder with the original charter of fewferme maid thairupoun of befoir, to the said umquhile Andro, lord Stewart of Uchiltrie, his airis and assignais, of the date the sextene day of August, the yeir of God j^M v^C threscoir sevin yeiris, maid and grantit be the said umquhile James, than commendatar of the said monasterie of Sanct Colme and convent thairof, to the said James Stewart (wha wes eftir that the said James, erle of Murray that last deceissit), sone lauchfull for the tyme to the said umquhile James Stewart of Down, knycht, his airis and assignais whatsumevir, of all and sindrie the landis underwrittin, alsweill propirtie as tenendrie, viz: the landis of Donybirsell, Barnehill and Grange with thair pertinentis, and of the nyntene akeris of land specefeit in the said charter occupyit in maner thairin divydit with all thair pertinentis, lyand within the said schirefdome of Fyf, and that be resignatioun of the said umquhile Andro, lord Stewart of Uchiltrie, to quhome the samyn pertenit heretablie of befoir, togidder with the uther originall charter of fewferme maid to him, his airis and assignais thairupoun be the said umquhile James, than commendatar of the said monasterie of Sanctcolme and convent thairof, of the date the said sextene day of August, the yeir of God j^M v^C fyftie nyne yeiris; ane uther few charter of the date the auchtene day of Februar, the yeir of God j^M v^C threscoir sevin yeiris, maid and grantit be the said umquhile James, than commendatar of the said monasterie of Sanctcolme and convent thairof, to the said umquhile James Stewart (quha wes eftir that the said umquhile James, erle of Murray, that last deceissit), sone lauchfull to the said umquhile James Stewart of Down, knycht, and his airis thairin designit, of all and haill the landis of Eister and Wester Boclaveis, with thair pertinentis, lyand within the said schirefdome of Fyff, alsweill propirtie as tenendrie, and that be reignatioun of umquhile Archibald Stewart, sone to the said umquhile James Stewart of Baith, to quhome the samin pertenit heretablie of befoir in fewferme, togidder with the originall fewferme charter maid and grantit thairupoun be the said umquhile James, commendatar of the said abbacie of Sanctcolme and convent thairof, to the said umquhile Archibald Stewart, his airis and assignais, of the date the fourt day of August, the yeir of God j^M v^C fyftie nyne yeiris; ane uther charter of fewferme of the dait the auchtene day of Februar, the yeir of God j^M v^C threscoir sewin yeiris, maid and grantit be the said umquhile James, than commendatar of the said abbacie of Sanct Columbisinche and convent thairof, to the said umquhile James Stewart (wha wes thaireftir the said umquhile James, erle of Murray that last deceissit), sone lauchfull to the said umquhile James Stewart of Down, knycht, his airis and assignais quhatsumevir of all and sindrie the landis of Kyllerie, with the pertinentis, lyand within the said schirefdome of Fyf, alsweill propirtie as tennendrie; and that be resignatioun of umquhile Maister Robert Crichtoun of Eliok, to quhome the samin pertenit in fewferme of befoir, togidder with the originall charter of fewferme maid thairupoun be the said umquhile James, commendatar of the said monasterie of Sanct Columbisinche and convent thairof, to the said umquhile Maister Robert Creichtoun, his airis and assignais, of the date the aucht day of Aprile, the yeir of God j^M v^C threscoir ane yeiris; ane uther few charter of the date the tuentie day of Marche, the foirsaid yeir of God j^M v^C threscoir sevin yeiris, maid and grantit be the said umquhile James, than commendatar of the said monasterie of Sanct Colme and convent thairof, to the said umquhile James Stewart (wha wes thaireftir the said Erle of Murray that last deceissit), sone lauchfull to the said umquhile James Stewart of Down, knycht, and his airis maill whatsumevir, off all and sindrie the landis of Croftgarie and Brago, with the pertinentis, lyand in the said baronie of Baith and the foirsaid schirefdome of Fyf, and of all and haill the landis of Murtoun of Baith, with thair pertinentis, and of all and haill the half of the landis of Knoksydrum, with the pertinentis, occupyit as is thairin designit, alsweill propirtie as tennendrie, lyand within the samin baronie and schirefdome immediatlie abone writtin, and that be resignatioun of umquhile Henrie Stewart, sone to the said umquhile James Stewart of Baith, to quhome the samin pertenit in fewferme of befoir, togidder with the originall charteris of fewferme maid thairupoun be the said umquhile James, commendator of the foirsaid monasterie of Sanct Colme and convent thairof, to the said umquhile Henrie Stewart, his airis and assignais of the daittis respective the fourt and sext dayes of August, the yeir of God j^M v^C fyftie nyne yeiris; ane uther fewferme charter of the date the secund day of Junii, the yeir of God j^M v^C fourscoir yeiris, maid and grantit be the said umquhile James, than commendatar of the said abbacie of Sanct Colme and convent thairof, to the said umquhile James Stewart (quha wes thaireftir the said Erle of Murray that last deceissit), than sone and apperand air to the said umquhile James Stewart of Down, knycht, his airis and assignais of all and haill the myln callit the Paskar Myln, mylnlandis, multuris and suckin thairof, with thair pertinentis and with pasturage useit and wont upoun the saidis landis of Killerie, lyand within the said schirefdome of Fyff, and als of all and haill the landis of Clairmestoun, with thair pertinentis, lyand within the said schirefdome of Edinburgh, and als of all and haill the twa oxingaitt of the said abbott and convent landis of Dudingstoun, with toftis, croftis and all thair pertinentis lyand within the said schirefdome of Lynlythgow, and be resignatioun of James Scott of Wester Sawling, to quhome the samin pertenit heretablie of befoir, togidder with the chartour of fewferme maid thairupoun of befoir be the abbott and commendatar of the said abbacie of Sanct Columbisinche and convent thairof, to the said James Scott and his airis thairin specefeit, of whatsumevir date the samin be; and ane uther charter of fewferme of the date the auchtene day of Januar, the yeir of God j^M v^C threscoir ellevin yeiris, maid and grantit be the said umquhile James, than commendatar of the foirsaid monasterie of Sanct Columbisinche and convent thairof, to the said umquhile James Stewart, than sone and apperand air to the said James Stewart of Down, knycht, his airis and assignais, of all and haill the Ile of Sanct Colme, monasterie or abbay place and mansioun thairof, with the houses, biggingis, yairdis, dowcattis and cunyngaris situat within the samin and thair pertinentis, lyand within the schirefdome of Fyff, be resignatioun maid of the samin be umquhile Archibald, than erle of Argyle, to quhome they pertenit heretablie of befoir, togidder with the principall chartour of fewferme maid thairupoun be the abbott or commendatar of the said monasterie of Sanct Colmesinche for the tyme and convent thairof, to the said umquhile Archibald, erle of Argyle and his airis thairin specefeit, of quhatsumevir date the samin be; and thairwith also ratefeis, appreves and confermis all and sindrie utheris charteris, infeftmentis and wryttis maid and granted, alsweill be oure said soverane lord and his maist nobill progenitouris successive, as the saidis bischoppis of Murray, abbottis, commendataris and conventis of the saidis abbaceis of Lundoris and Sanct Columbisinche and utheris persones, thair vassellis and fewaris respective, to the predecessouris abone nominat of the said James, now erle of Murray, and utheris his authouris and predecessouris, thair airis and assignais thairin specefeit, off all and sindrie the saidis landis, lordschippis, baroneis, mylnis, multuris, woddis, fischeingis and utheris abone rehersit respective or of quhatsumevir pairtis thairof; and als of whatsumevir utheris landis, mylnis, fischeingis and utheris adjacent thairto, lyand within the schirefdomes respective abone writtin, safar as ar contenit in the saidis charteris and infeftmentis, specialie and generalie abone mentionat, of quhatsumevir date or daitis the samin be; togidder with all and sindrie preceptis and instrumentis of seasing, confirmationes, retouris and utheris wryttis and evidentis quhatsumevir following thairupoun, maid, gevin and grantit to the said James, now erle of Murray, his predecessouris and authouris respective of the datis thairin specefeit, in all and sindrie heidis, pointis, clauses, articlis, circumstances and contentis of all and sindrie the saidis infeftmentis, charteris, preceptis and instrumentis of seasing, confirmatiounes, retouris and utheris wryttis, alsweill specialie as generalie abone mentionat, eftir the formes and tennouris of the samin with all that hes followit or may follow thairupoun. And oure said soverane lord, for his majestie and his successouris and the estaittis of parliament foirsaid, hes interponit and, be the tennoure heirof, interponis thair decreitt and authoritie thairto; and als findis, declaris, decernis and ordinis that the samin and everie ane thairof wes ay frome the beginning and sen the first daittis of the samin respective, now ar and sall be in all tymes cumming valiable, sufficient and effectuall infeftmentis, richtis, titillis and securiteis, alsweill to the said James, now erle of Murray, as to his foirnameit predecessouris and authouris respective, his and thair airis, assignais and successouris, for peciable bruiking, joising, useing and possessing heretable, alsweill in all tymes bigane as in all tymes cumming, off all and sindrie the said landis, lordschippis, baroness, erldome, mylnis, multuris, woddis, fischeingis, forrestis, offices, fermes and dueteis of fewferme, advocatiounes, donatiounes and richtis of patronages of kirkis, benefices and chaiplanreis, and utheris quhatsumevir, alsweill in speciall as generall abonerehersit, with thair pairtis, pendiclis, pertinentis, annexis, connexis, tennentis, tennendreis and services of frie tennentis of the samin, privileges, liberteis and commoditeis thairof quhatsumevir; togidder alsua with all and sindrie the customes abone rehersit, and for ressaveing, uplifting and intrometing with, useing and disponing to thair awin commoditie at thair plesure, off all and sindrie the yeirlie maillis, fermes, caynis, customes, proffittis, dueteis, privileges, casualiteis, liberteis and commoditeis thairof quhatsumevir, alsweill of all yeiris and termes bigane sen the first daittis respective of the said originall infeftmentis maid and grantit thairupoun, as of all utheris and termes to cum; and that notwithstanding of quhatsumevir actis of parliament, utheris actis, statutis, lawes, constitutiones or proclamationes maid or to be maid in the contrair; and als notwithstanding of quhatsumevir richt, titill, actioun, interes or clame of richt, petitioner and possessour, quhilk oure said soverane lord, his predecessouris or successouris had, hes, may have, clame or pretend thairto, directlie or indirectlie thairby, or quhatsumevir uther maner of way; and siclyk notwithstanding of quhatsumevir decreittis or protestatiounes, ane or ma, obtenit heirtofoir be our said soverane lord, his majesteis comptrolleris, thesauraris, collectouris generall, chalmerlanis or advocattis, ane or ma, thairanent, aganis the said James, now erle of Murray, his tutour or curatour for the tyme, or yit aganis ony of his tennentis, occupiaris or possessouris thairof, quhatsumevir maner of way, quhilk oure said soverane lord, with advyse and consent of the lordis and haill estaittis of this said parliament, for his majestie and his successouris, promittis in the word of ane king to renunce and discharge in dew and sufficient forme be vertue of the chartour of confirmatioun and new dispositioun under mentionat to be maid and past heirupoun under his majesteis great seall and, be thir presentis, renunces and discharges to and in favouris of the said James, now erle of Murray, his airis, assignais and successouris, of the landis and utheris abone rehersit, with all actioun and instance of the samin juri liti et causae simpliciter and for evir. And als his majestie, for him self and his successouris and the foirnameit lordis and estaittis of this present parliament, with ane advyse and consent, findis, declaris and ordanis that this present act, with the ratificatiounes, dissolutioun and uthairis heirin contenit, togidder with the saidis charteris of confirmatioun and new dispositioun under mentionat to follow heirupoun, ar and sall be als sufficient, valiable and effectuall to the said James, now erle of Murray, and his foirsaidis to the effect abone and under writtin as gif the samin and the saidis anteriour charteris and infeftmentis, specialie and generalie abone mentionat, had bene maid and grantit be his majestie and his predecessouris respective eftir thair lauchfull and perfyte ages and eftir sufficient dissolutioun maid to that effect in thair majoriteis of samony of all and sindrie the saidis landis and utheris abone rehersit frome the patrimonie of thair crownis as wes annexit thairto of befoir, and as gif the saidis confermationes had bene maid and grantit in dew tymes immediatlie eftir the daittis respective of the saidis anteriour chartouris and infeftmentis and befoir quhatsumevir seasingis takin thairupoun, and siclyk as gif all and sindrie the saidis charteris and infeftmentis with the particular daittis and contentis thairof, and all and sindrie the saidis particular landis, lordschippis, baroness, erldome, mylnis, multures, woddis, fischeingis, offices, customes, fermes and dueteis of fewferme, richtis of patronages and uthairis quhatsumevir, alsweill abone mentionat as utherwayes specefeit and comprehendit in the saidis charteris and infeftmentis respective be thair speciall names and denominatiounes, wer hallelie and at lenth ingrossit and insert alsweill in this present act as in the saidis charteris of confermatioun and new dispositioun undermentionat, appointit to follow heirupoun, notwithstanding that the samin or ony uther clauses, solemniteis or circumstances requisit ar or sall be omittit furth thairof or of this present act; quhairanent, and with all utheris defectiounes, oure said soverane lord, for his majestie and his successouris and the saidis estaittis of this present parliament, with ane advyse, dispenses be thir presentis, and sall dispense in the saidis new charteris for evir. Attoure, for the causes abone mentionat, fundin, tryit and approvin be decreitt of this present parliament as said is, oure said soverane lord and haill estaittis of parliament foirsaid, with ane advyse and consent to the effect abone writtin, hes dissolvit and, be the tennoure of this present act, dissolvis of new frome his majesteis crowne and patrimonie thairof, and frome all annexatiounes maid thairto of befoir, and siclyk frome the abbaceis abone specefeit respective and patrimonie thairof, simpliciter and for evir, samony of all and sindrie the saidis landis, lordschippis, baroneis, erldome, mylnis, multuris, woddis, fischeingis, offices, feis, dueteis, casualiteis, proffeittis thairof, yeirlie fermes and dewteis of fewferme abone mentionat and utheris whatsumevir, alsweill in speciall as in generall abone rehersit, with all and sindrie thair annexis, outsettis, pairtis, pendiclis, pertinentis, tennentis, tennandres and services of frie tennentis of the samyn as has bene in ony tymes bigane annexit to his majesteis or his predecessouris crownis and patrimonie thairof, or hes pertenit to thame or yit to the abbaceis abone specefeit respective, to the effect it may and sall be lesum to his majestie be vertue of his new charteris and infeftmentis, ane or ma, to be maid and past under his majesteis great seall in dew and ampill forme thairupoun, to annalie, gif, grant, dispone and conferme of new the samin and all and sindrie the saidis remanent landis, baroneis and utheris quhatsumevir, alsweill specialie as generalie abone mentionat, to the said James, now erle of Murray and his airis maill to be lauchfullie procreat of his bodie, quhilkis failyeing, to his narrest and lauchfull airis maill whatsumevir beirand and that sall beir his surname of Stewart and armes thairof, and of the said erldome and lordschippis or sic utheris airis as sall pleis the said James, erle of Murray to tailyie and designe heretablie, togidder with all richt, titill, actioun, interes and clame of richt, baith petitioner and possessour, propirtie and possessioun, quhilkis oure said soverane lord, his predecessouris or successouris had, hes, mycht have, clame or pretend in and to all and sindrie the saidis landis, baroneis, lordschippis, erldome, mylnis, multuris, woddis, fischeingis, customes, fermes and dueteis of fewferme, richtis of patronage and utheris quhatsumevir, alsweill in speciall as in generall abone rehersit, or to ony pairt or pairtis thairof, or yit to the maillis, fermes, proffeittis and dueteis of the samin in haill or in pairt of quhatsumevir yeiris and termes alsweill bigane as to come be ressone of waird, nonentres, releif, foirfaltour, recognitioun, purprestour, disclamatioun, bastardrie, escheat, not tymous confirmatioun, nullitie, reductioun, reversioun, redemptioun, not tymous payment of the yeirlie fewmaillis, utheris maillis or dueteis of the samin, not schawing of haldingis, or yit be vertue of ony actis, statutis or constitutiounes, lawes or proclamatiounes, or ony uther cause or occasioun bigane, alsweill not nameit as nameit, with all actioun and instance competent or that may be competent to his majestie or his successouris thairanent, renunceand the samin frome his majestie and his successouris to and in favouris of the said James, erle of Murray and his foirsaidis simpliciter and for evir; and also dischargeing all his hienes and his successouris comptrolleris, thesauraris, collectouris generall, chalmerlanis and utheris officiaris quhatsumevir, alsweill present as to come, of all forder ressaveing, uplifting or intrometing with ony of the maillis, fermes, caynis, customes, proffeittis and dueteis of all and sindrie the saidis landis, lordschippis, baroneis, erldome, mylnis, multuris, woddis, fischeingis, customes and utheris whatsumevir, alsweill in speciall as in generall abone rehersit, or of ony pairt or pairtis thairof of whatsumevir yeiris or termes bigane restand unpayit; and siclyk of all yeiris and termes to cum (exceptand and reserveand to his majestie and his successouris the yeirlie fewferme dueteis of samony of the saidis landis and utheris abone rehersit as ar haldin immediatlie of his majestie and his successouris, or yeirlie pryces thairof contenit in the saidis infeftmentis maid to the said Erle of Murrayes foirnameit predecessouris thairupoun, eftir the forme and tennoure of the samin in all pointis), and of all forder chargeing, trubling or poinding of the said James, now erle of Murray, or his foirsaidis, thair tennentis or possessouris, present or to cum, of the landis and utheris abone writtin for the same (except as said is) and of thair offices in that pairt simpliciter and for evir, cum pacto de non petendo and with suppliment of all faultis, alsweill not nameit as nameit, quhilkis his majestie will have haldin as for expressit in this present act and in the saidis infeftmentis and confirmatiounes abone and under mentionat to follow heirupoun. And oure said soverane lord and estaittis of parliament foirsaid hes ordanit and, be the tennoure heirof, ordanis all and sindrie the saidis landis, lordschippis, baroneis, erldome, mylnis, multuris, woddis, fischeingis, offices, customes, fermes and dueteis of fewferme, richtis of patronages and utheris quhatsumevir, alsweill in speciall as in generall abone mentionat, and wtherwayes comprehendit in the said chartouris and infeftmentis respective, to be insert be thair speciall names and denominatiounes in the saidis new charteris and infeftmentis appointit to follow and be maid heirupoun, to the said James, now erle of Murray and his foirsaidis, to be haldin to thame of oure said soverane lord and his successouris in fre heretage and fewferme respective and in frie lordschip and baronie for evir, with all richtis, privileges, liberteis and commoditeis pertening or that may pertene thairto, als frelie in sic maner, for yeirlie payment of sic fermes, dueteis, blenchefermes and fewfermes respective thairfoir to oure said soverane lord and his successouris, and for payment of the said yeirlie fewferme, victuall or ellis the yeirlie prices of the samin sett doun in the saidis principall infeftmentis respective maid and grantit thairupoun in the optioun of the payaris, as the said James, now erle of Murray, his foirnameit authouris or predecessouris respective held the samin of befoir and wer astrictit and oblist to pay and do thairfoir to oure said soverane lord, his predecessouris and successouris respective, be vertue of the saidis originall charteris and infeftmentis maid and grantit thairupoun. And notwithstanding thairof, oure said soverane lord, for his majestie and his successouris, with advyse and consent forsaid, and als the estaittis of this present parliament, findis, declairis and ordanis that in the saidis new infeftmentis, ane or ma, to follow heirupoun, his majestie, for him self and his successouris, sall gif, grant and dispone in dew and sufficient forme and, be thir presentis, geves, grantis and disponis to the said James, now erle of Murray, and his airis foirsaidis heretablie, the waird of samony of all and sindrie the saidis landis, lordschippis, baroneis, erldome, mylnis, multuris, woddis, fischeingis, castellis, touris, fortalices, customes and utheris quhatsumevir abone rehersit as wer haldin of befoir be the said James, erle of Murray or his predecessouris, off oure said soverane lord or his predecessouris be service of waird and releif, togidder with the haill yeirlie maillis, fermes, proffeittis and dueteis of the samin of all yeiris and termes to come, that the samin sallhappin to be in waird, togidder also with the mariage of the air or airis maill or femell whatsumevir of the said James, now erle of Murray and his foirsaidis, with the haill proffeittis of the said mariage, how oft the samin salhappin to fall or become in the handis of oure said soverane lord or his successouris, and that for the yeirlie payment to be maid be the airis abone mentionat of the said Erle of Murray and his foirsaidis to our said soverane lord and his successouris for the said waird and yeirlie proffeittis thairof during the tyme or tymes of the samin, how oft it salhappin, of the sowme of four hundreth merkis money of this realme of Scotland alanerlie, and that yeirlie at Witsonday and Mertymes in winter be equall and mid portiounes, and siclyk for payment to be maid to his majestie and his successouris for the mariage abone mentionat of the said air or airis, whatsumevir and how oft the samin salhappin as said is, the sowme of twa thowsand merkis usual money of the said realme alanerlie. And siclyk for the causes abone writtin, oure said soverane lord, for his hienes and his successouris, with advyse and consent foirsaid, and the estaittis of parliament abone mentionat, be the tennoure heirof, reponis and restoris and alsua commandis and ordanis his foirnameit comptroller, collectour, chalmerlanes and utheris officiaris foirsaidis present and to come, to suffer and permitt the said James, erle of Murray and his foirsaidis to be restorit and reponit to sic peceable, reall and actuall possessioun as his saidis predecessouris or ony of thame had of befoir, of all and sindrie thair said salmond fischeingis of the watteris of Spay, Findorne, Slewpuill and Lossie, with the customes thairof, and of samony of the saidis utheris landis, fewfermis and utheris abone rehersit, contenit in ony of the saidis infeftmentis maid to his predecessouris thairupoun as has bene evictit be our said soverane lord, his foirnamet comptrolleris and utheris officiaris, or ony of thame, frome the said James, now erle of Murray, in his minoritie, or yit frome his tennentis, occupiaris or possessouris thairof, be whatsumevir decreittis or protestatiounis, ane or ma, obtenit aganis thame or ony of thame thairupoun, willing and consenting that notwithstanding thairof it wes and sall be leasum to the said James, now erle of Murray, and his foirsaidis, be thame selffis, thair tennentis, servandis, chalmerlanes and uthairis in thair names to thair commodities, to have reenterit and to reenter peciablie thairto, and to the reall, actuall and effectuall possessioun of the samin at thair awin handis without ony danger of ejectioun, intrusioun, spulyie or uther wrang committit or to be committit be thame or ony of thame thairintill; quhilkis his majestie, for his hienes and his successouris, with consent of the saidis estaittis, be thir presentis, renunces and sall renunce in the saidis infeftmentis with all actioun and instance competent, or that may be competent tharanent simpliciter and for evir. And notwithstanding thairof, oure said soverane lord and estaittis foirsaidis, findis, declaris and ordanis that na repetitioun sall be had of ony of his majesteis officiaris for ony intromissioun they have had in tymes bigane preceding the date abonewrittin of the said act of secrete counsaill with ony of the saidis fermes, customes, dueteis and utheris abonewrittin, and als provyding lyk as oure said soverane lord and estaittis abone mentionat expreslie willis, declaris and ordanis that the takkis and assedationis already sett, maid and grantit befoir the dait of the said act of secrete counsaill be his majestie, with consent of his foirnameit comptroller or yit be the said comptroller allane, of all and sindrie the customes abonewrittin to the persones thairin nominat for the space of fyve yeiris thairin contenit, sall nawayes be hurte, prejudgeit nor takin away be thir presentis nor ony infeftment to follow heirupoun, bot that the saidis takkis and assedatiounes shall be saif and reservit to the takismen thairin contenit during samony of the saidis fyve yeiris thairin specefeit as wer to ryn at the date abone rehersit of the said act of secrete counsaill. Mairover, oure said soverane lord and estaittis foirsaidis, findis, declaris and ordanis that all and sindrie the saidis kirklandis, mylnis, fischeingis and utheris abone rehersit, quhilkis sumtyme pertenit to the abbaceis respective abonewrittin, sall be haldin to the said James, erle of Murray and his airis foirsaidis immediatlie of oure said soverane lord and his successouris in all tymes cumming as is abone rehersit, notwithstanding of quhatsumevir actis of parliament maid or to be maid in favouris of the prelattis or ony utheris, and nochtwithstanding of ony infeftmentis of erectioun maid or to be maid of the saidis abbaceis or ony pairtis thairof in temporall lordschippis or baroneis; and als notwithstanding of quhatsumevir actis, ane or ma, maid or to be maid for anulling or rescinding of the former act of parliament maid anent the annexatioun of kirklandis and kirkrentis temporall to his majesteis crowne, fra the quhilkis actis maid or to be maid thairanent that may onywayes tend to the hurte or prejudice of thir presentis or of the infeftmentis foirsaidis to follow thairupoun or ony pairt thairof, oure said soverane lord and estaittis foirsaidis, be the tennoure heirof, expreslie exceptis all and sindrie the saidis kirklandis, mylnis and utheris abone rehersit, contenit in the saidis infeftmentis of fewferme maid thairupoun, to the authouris and predecessouris abone nominat of the said James, erle of Murray, reserveand and exceptand furth of this present act of parliament the burrowmaillis of Elgin and Fores, to remane and abyd with oure soverane lord and his hienes successouris as ane pairt of the patrimonie of thair crowne in all tyme cumming. And als oure said soverane lord and estaittis foirsaidis, declaris that this present act of parliament sall nawayes be extendit nor prejudiciall to the bischop of Murray anent his fewmaill superioritie and richt quhatsumevir pertening and belanging to the bischopric of Murray. And last, oure said soverane lord and estaittis foirsaidis decernis and ordanis chartouris and infeftmentis to be past, maid, grantit and expede under his majesteis great seall to the said James, erle of Murray and his airis foirsaidis in dew and sufficient formes to the effectis respective abonewrittin in sic sure, large and ample forme as the said James, erle of Murray and his foirsaidis sall devyse; and findis and declaris that this present act, ratificatioun and confirmatioun abonewrittin and charter of confirmatioun to follow heirupoun sall be als valiable, sufficient and effectuall as gif the foirsaidis haill anteriour charteris and infeftmentis abone mentionat wer haillelie insert word be word thairintill; quhairanent, oure said soverane lord and estaittis foirsaidis dispenses for evir.