[1609/4/67]¹

²Erectioun of the abbacie of Melrose in ane temporall lordschip in favouris of Johne, vicount of Hadingtoun

Oure soverane lord, with advyse and consent of the estaittis of the parliament of Scotland presentlie convenit, considering the princelie dewtie quhilk bindis his hienes in the example of his maist nobill progenitouris to impairt to his maist loving subjectis sic honouris and digniteis as thair mereittis and vertuous actis in great services and of proffitable offices to his majestie and the commoun weill justlie requiris, to the end that not onlie be gratificatioun of his weill-affectionat subjectis they micht continew thair ardoir and affectioun in weill doing, bot als that throw thair example the nobill hartis of his weill-qualifeit subjectis may in tyme cumyng, throw hope of ane worthie remuneratioun, be mair prompt and desyrous to serve his celfitude and his successouris to the advancement of the commoun weill quhairin they wer borne and nurischit; and heirwithall his majestie, calling to rememberance the maist excellent and singular service done to his majestie and to the haill realme of Scotland, upoun the fyft day of August, the yeir of God j^M vj^C yeiris, be his darrest cousing and richt trustie and familiar servitour Johne, vicount of Hadingtoun, lord Ramsay of Barnis etc., at Perth within the ludgeing of Johne, sumtyme erle of Gowrie, in assisting, defending and revengeing of his majestie aganis the said sumtyme erle and umquhile Maister Alexander Ruthven, his brother, quha haveing maist dissimulatlie and falslie, upoun pretence of great service to be done be the said umquhile Maister Alexander to his majestie, allurit his hienes to cum frome Falkland to the said burgh of Perth to the said sumtyme erlis ludgeing, and thair the said umquhile Maister Alexander, haveing secreitlie and tressonablie convoyit his hienes to the turret of the said ludgeing upoun sett purpose to have cruellie and wyldlie murtherit his majestie be assistance of ane armit man inclosit thairin be the saidis sumtyme erle and Maister Alexander, and preparit with armes and wapponis for that wicked purpois, and the said umquhile Maister Alexander, with maist vyle language and horribill crueltie, haveing thair tressonably put violent handis in his graces maist sacred persone, offering him self to the uttermaist of his rage and malice to have bereft his majestie of his lyfe, and onlie stayit be that curagious resistance quhilk his majestie (destitute of all maner of armour, wappynnis or uther help) culd possiblie mak; at the last, be the mercyfull providence and favour of God, his hienes cumming to the windo of the said turret perforce and in despyte of the said umquhile Maister Alexander and be his cry making warning to his graces faithfull servandis and subjectis, being of accident upoun the streit foiranent the said windo, of the foirsaid maist horrible interpryse and tressonable violence useit aganis his majesteis maist royall persone and lyfe, the said vicount at that tyme, albeit forder removeit fra the place of his hienes danger nor the maist pairt of his hienes remanent faithfull servitouris, yit led be the spirit of God and vehement affectioun of his hienes to spend his lyfe in saiftie of his maist gratious prince and maister, come with sua wonderfull diligence to his majesteis releif that, entering befoir all utheris within the said chalmer quhair his hienes wes sa tressonablie and cruellie assalyeit and persewit, and finding his majestie without armour or wappynnis in that wonderfull distress and stryf aganis that disperat tratour provydit for that purpois, the said vicount maid sic help to his majestie that, eftir certane woundis gewin with his dager to the said umquhile Maister Alexander, expellit him furth of the said chalmer, forseing the danger that micht ensew be the said umquhile sumtyme erle his prosecuting of the said tressonable interpryse; for better resistance thairof, the said vicount callit Schir Thomas Erskyne of Gogar and Schir Hew Hereis to his hienes defence, quha skarslie culd with sic diligence cum to the said vicount as the foirsaid sumtyme erle, accompanyit with ane great number of disperat tratouris spedelie following and forceably invading them in the said chalmer for slauchter of his majestie and his saidis faithfull servandis, reddie to die in his defence, and haveing be the advantage of armour and number of his complices reduceit them to verray great extremitie, at lenth the said vicount with mervellous valour and divyne succes assailyeit sa curageouslie the saidis tratouris, that haveing strikin the said sumtyme erle throw the hairt and woundit sindrie of his treassonable complices, expellit them with assistance of the said Schir Thomas and Schir Hew Hereis furth of the said chalmer, quhairby thair haill devillish interpryse wes dissapointit; be the great provydence of God and curagious resistance of the kingis majestie, with the faithfull concurrence of the said vicount and remanent his hienes faithfull servitouris, his majestie wes miracouluslie preservit, and the haill estaittis, body and memberis of his commoun welth thairby delyverit frome the extreme danger of confusioun, wrak and utter subversioun. And his majestie, being now maist willing to acquit the said service done be the said vicount as is abone expressit be sic gratificatioun and memorie as is presentlie possibill and with leist hurte to his hienes crowne of Scotland and patrimony 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 the weill of the realme in particular be the said vicount, quhairupoun the saidis estaittis have takin full tryell and verificatioun, and they have fund, tryit, censourit and judgeit, lyk as they presentlie find, censure and judge the samyn 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 als his majestie and estaittis foirsaidis findis, decernis and declairis that his hienes, with thair advyse and consent, may for the saidis seand causes quhilks 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 hienes crowne to the said Johne, vicount of Hadingtoun and his airis and successouris heretablie, to be haldin in sic maner and for sic service as his majestie pleises, and to that effect that the annexatioun of they landis to the crowne quhilks ar to be annaleit and disponit sall be simpliciter dissolvit fra the crowne for evir, that the samyn may be analyit and disponit to the said vicount, his airis and successouris, 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 declairit and, be the tennoure heirof, findis and declaris that the temporalitie, propirtie and superioritie, with the fewfermes and pertinentis of the abbacie and monasterie of Melrose, being in his majesteis handis be the generall annexatioun of the haill kirklandis of this realme of Scotland to the crowne, togidder with the spiritualitie of the said abbacie, kirkis, teyndscheves and utheris teyndis, fruittis, rentis, emolumentis and dueteis quhatsumevir pertenyng and belanging to the spiritualitie thairof, with the monasterie, abbay place, houses, biggins, orchardis, yairdis, doucattis and utheris lyand within the precinct and clausure of the said abbay, may, for the seand causes abonewrittin, with leist detriment to his majestie or hurte to the rent and patrimonie of the crowne of Scotland, be disponit to the said Johne, vicount of Hadingtoun, his airis maill and successouris heretablie, in maist ample forme; and thairfoir the saidis estaittis of parliament findis it necessair and expedient that our said soverane lord be his hienes infeftment to be maid with the advyse of his majesteis ordinar officeris, sall erect, unite, treat and incorporat all and sindrie the landis, baroneis, annualrentis, mylnis, woddis, fischeingis and utheris quhatsumevir pertening to the said abbacie of Melrose be thair names in speciall quhair evir they ly within this realme of Scotland, togidder with the haill spiritualitie of the said abbacie, kirkis, teyndscheves and utheris teyndis, fruittis, rentis, emolumentis and dueteis quhatsumevir pertening and belangand to the spiritualitie thairof, with the said monasterie and abbay place, haill houses, biggingis, yairdis, orchardis, doucattis and utheris lyand within the precinct and clausure of the said abbay in ane haill and frie baronie and estait of ane temporall lordschip of his hienes parliament, and that the samyn 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 badge and armes, sall be for the seand causes foirsaidis gevin, analeit and disponit to the said Johne, vicount of Hadingtoun, his airis maill and assignais heretablie, to be haldin of his hienes and his successouris in frie lordschip and baronie with the honour and dignitie of ane lord of parliament for evir, reservand alwayes the lyferent of all and haill the spiritualitie of the said abbacie of Melrose, kirkis, teyndschavis and utheris teyndis, fruittis, rentis and dueteis pertening and belangand to the spiritualitie thairof, with the said monasterie and abbacie place, houses, biggingis, yairdis and utheris lyand within the precinct of the said abbay to James, present commendatar of the said abbay of Melrose, for all the dayes of his lyftyme alanerlie. And to that effect his majestie and ettaittis 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 abbacie of Melrose, and ordinis that 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 abbacie of Melrose 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 abbacie, alsweill money as victuall, becaus his majestie will be releiffit and dischargeit of the sustentatioun of the ministre of the kirkis quhilkis pertenit of befoir to the said abbacie, 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 [...] pund land of auld extent; and that the said Johne, vicount of Hadingtoun, his airis and successouris, sall have thair releif of the saidis taxatiounes of all the heretable tennentis of the saidis landis eftir the rate and quantitie of the samin landis sa oft as the saidis taxationis sall occur, and with express power to the said Johne, vicount of Hadingtoun, his airis and successouris, to retreat and reduce for ressonable causes competent of the law all and quhatsumever infeftmentis, takkis, assedatiounis, rentallis, richtis and titillis of ony pairt of the saidis landis, kirkis, teyndis and utheris abone specefeit, with all utheris clauses and provisiounis quhilkis sall be neidfull for the said vicount, his airis and successouris for bruiking of the said lordschip and baronie. And forder to the effect foirsaid, his majestie and estaittis of this present parliament hes suppressit and extinguishit and be thir presentis suppreses and extinguishes the memorie of the said abbacie of Melrose, 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 alreadie 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 ane seand proffeitt amd commoditie to his crowne and realme of Scotland, exceptand and reservand alwayes furth of this present act of parliament all regaliteis of the foirsaidis landis and lordschip of Melrose and utheris foirsaidis to oure said soverane lord, to remane with his hienes and his successouris for evir; and siclyk exceptand and reserveand furth of this present act grantit in favouris of the said Johne, vicount of Hadingtoun all and sindrie the perticular landis, with the teyndschaves thairof includit, lyand within the stewartrie of Ananderdaill and schirefdome of Drumfreis, all unit, creat and incorporat in ane frie tenandrie, callit the tenandrie of Dunfedling, being ane pairt of the patrimonie of Melose of auld, and quhilkis haill landis and teyndis thairof ar specialie enumerat and contenit in ane act of parliament maid this instant day erectand and grantand the samin haill particular landis, with the teyndscheves thairof includit, in ane tennandrie, callit the tennandrie of Dunfedling, to Williame, erle of Mortoun, and to his airis maill specefeit thairin, togidder with the teyndscheves and utheris teyndis, alsweill personage as vicarage, of the paroch kirk of Wattstirker, being ane kirk of the said abbacie of Melrose of befoir, eftir the forme and tennoure of the said Erle of Mortoun his act foirsaid in all pointis; and als exceptand and reservand furth of this present act grantit in favouis of the said Vicount of Hadingtoun, the landis and baronie of Kylismure and Barmure and all and sindrie the teyndscheves, utheris teyndis, alsweill personage as vicarage, of the parochkirk of Machlyne, lyand within the baillerie of Kylestewart and schirefdome of Air, quhilkis alsua pertenit of auld to the said abbacie of Melrose, in favouris of Hew, lord of Lowdoun heretablie, conforme to ane uther act grantit in his favouris in this present parliament; and inlykmaner exceptand and reservand furth of this present act of parliament all and haill the landis of Grangemure, with the pertinentis, lyand within the constabularie of Hadingtoun, being alsua ane pairt of auld of the lordschip of Melrose, to Schir James Hay of Kingask, comptroller to his hienes; and als declairis this samin act grantit in favouris of the said Vicount of Hadingtoun to be but prejudice of the Lord Ochiltreis richt and titill quhilk he hes to the kirk of Ochiltrie and teyndis of the parochin thairof, being lykwayes of auld ane kirk of the said abbacie of Melrose.