[1633/6/90]¹

Act in favour of the Lord of Lorne

Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, ratifies and approves the contract and appointment past betuix our said soverane lord one the ane pairt, and his hienes richt traist cowsigne and counsallour Archibald, lord of Lorne, for himselff and takand the burdeine upon him for his hienes richt traist cowsigne Archibald, earle of Argyle, lord Campbell and Lorne, his father, one the uther pairt, off the dait at Quhytehall, the thride day of Apryle, and at Halyrudhous, the tuentie thride day of Apryle, the yeir of God j^M vj^C and tuentie aucht yeirs, quhairby his majestie declarit his gratious and sacred pleasure and promitted in verbo principis that notwithstanding of the renunciatioun and surrander voluntarlie offered and to have beine maid be the said Archibald, lord of Lorne in favours of his majestie and his hienes successors of the office of justiciarie generall of the haill kingdome of Scotland in maner mentionat in the said contract, the said Archibald, lord of Lorne, his airs male and successors sould have, bruik and posses the heretable office of justiciarie within the bounds eftir mentionat, viz: within the bounds of the shirefdomes of Argyll and Tarbatt and within the bounds of the haill Yles of the said kingdome of Scotland (excepting Orknay and Yetland), and of the lands wnderwrittine, viz: Morvayne, Knoydart, Moydart and of the particular lands perteining heretablie to the said Archibald, lord of Lorne, viz: the lands of Ardnamorachan, the lands of Lochchiell, the lands and baronie of the kirktoun of Inchebarie, with the pertinents, all lyand within the shirefdome of Invernes; the lands and baronies of Rosneith haldin of the hous of Argyll, all and haill the tuentie pund land of Durro, all and haill the tuentie merk land of Glencran, with the pertinents, the lands of Dusslatter, Wedderglen, lyand within the shirefdome of Perth; and all uther lands of the hielands of Scotland ather haldine of the hous of Ergyle or belanging thairto, with all priveledges, liberties, immwnities, casualities, proffeitts and dewties perteining and belonging to the said office within the bounds abonerehearsit, wnder the speciall provisiones, limitationes and with the declaratioun particularlie mentionat in the said contract, togidder with the chartor maid and grantit be his majestie wnder his hienes great seale of the dait at Quhytehall, the said thride day of Apryle, the yeir of God j^M vj^C and tuentie aucht yeirs forsaid, proceiding upon the said contract, conteining ane confirmatioun of all and sundrie chartors, precepts, instruments of sasing, giftes and all uther evidents, titills and secuirities maid and grantit be his majestie or any of his hienes most noble progenitors or any uther persone or persones in favours of the said Archibald, lord of Lorne, his said father or any uthers his predicessors off the said office of justice generall within the haill bounds of the said kingdome of Scotland or of quhatsumever priveledges, liberties, immwnities, casualities, proffeitts and dewties perteining and belonging to the said office or concerning the samyne in all pointes and that allanerlie in sa far as the samyne concernes or may be extendit to the forsaid heretable office of justiciarie within the particular bounds abonerehearsit reservit to the said Archibald, lord of Lorne and his forsaidis be vertew of the said contract and to the haill priveledges, liberties, immwnities, casualities, proffeitts and dewties perteining and belonging to the said office within the samyne bounds and na farder, and wnder the provisiones, restrictiones and limitationes mentionat in the saidis contract and chartor, and lykwayes conteining ane new gift grantit be his majestie to the said Archibald, lord of Lorne and his forsaidis of the said heretable office of justiciarie within the bounds forsaidis particularlie repeittit in the said chartor, with the priveledges, liberties and wnder the provisiones and restrictiones thairin mentionat, to be haldine of his majestie in frie blensche for the blensch dewtie and service thairin specifiet, with the precept of sasing following thairupon wnder the quarter seale of the dait forsaid of the said chartor, and the instrument of sasing following upon the said precept of the dait the fourteine day of Maii, the yeir of God j^M vj^C and tuentie aucht yeirs forsaid, in all and sundrie pointes, heads, articles and clauses thairincontenit eftir the formes and tennors thairof, quhilks contract, chartor, precept and instrument of sasing following thairupon war all produicit in parliament and schawin to his majestie and the saidis thrie estates of this present parliament; and inrespect thairof his majestie, with advyse and consent forsaid, declares, decernes and ordaines this present ratificatioun of the forsaidis contract, chartor, precept and instrument of sasing to be als sufficient in all respects as if the samyne wer at lenth and word be word insert and ingrost heirintill, dispensand with the not inserting thairof in this present ratificatioun. Attoure, forsameikle as be the said contract and infeftment forsaid following thairupon it is provydit that his majesties justice clerk and his deputtes sall be clerks in all the courts of justiciarie to be haldin be the said Archibald, lord of Lorne and his forsaidis within the particular bounds abonespecifiet, lykas his majestie and estates of this present parliament, wnderstanding and considering that the said provisioun is not onlie neidles but also may be hurtfull and prejudiciall to justice inrespect of the far distance of the shirefdomes and places abonewrittine (within the bounds quhairof the said office of justiciarie is reservit and disponit to the said Archibald, lord of Lorne and his forsaidis) and the burgh of Edinburgh, quhilk is and sould be the propper place of residence to the said justice clerk, be occasione quhairof, for want and inlaik of ane clerk justice, micht be frustrat and delayit quhill the said justice clerk sould be adverteist of the dyett and mak and constituit deputtes to attend the same; and his majestie and estates of this present parliament, also considering that the said reservatioun maid anent the said clerk was meanit and intendit allanerlie for general circuit courts quhilks be act of parliament ar appointit to be haldin tuyse in the yeir and not for particular dyetts quhairin it is maist propper and expedient for the advancing of justice that the said Archibald, lord of Lorne and his forsaidis (to quhome the richt of justiciarie within the bounds abonewrittine perteins be the said infeftment) sall have the wndoubted and onlie richt to creatt, imputt and outputt clerks and uthers members of court of the said office of justiciarie within the bounds abonementionat in maner following, thairfor fries and liberatts the said Archibald, lord of Lorne, his airs male and successors to him in the richt of the office of justiciarie within the bounds abonementionat of that head and claus of the forsaid contract and infeftment following thairupon, quhairby the said justice clerk and his deputtes ar ordanit to be clerks of the saidis courts of justiciarie and that in sa far as concernes particular dyetts and justice courts, and wills and declairs that the said Archibald, lord of Lorne, his airs male and successors abonementionat, sall have guid and undoubted richt in all tyme coming, to mak, creatt, imputt and outputt clerks of justiciarie and uthers members of the saidis justice courts within the bounds of the lands abonespecifiet in all tyme coming at thair pleasure, for quhome they sall be ansuerable to his majestie and his hienes successors, and without prejudice to that claus of the said contract and infeftment following thairupon anent the saidis circuit courts to be haldine tuyse in the yeir conforme to the said act of parliament, quhairin his hienes said justice clerks or his deputtes sall be clerkes conforme to the tennor of the said contract and infeftment forsaid following thairupon, and reservatione abonewrittine thairin specifiet. And farder his majestie, with advyse and consent of the saidis thrie estates of this present parliament, be thir presents, declaires, statuites and ordaines the forsaidis contract, chartor, precept and instrument of sasing following thairupon, and this present ratificatioun thairof to be guide, valide and sufficient richts and secuirities to the said Archibald, lord of Lorne and his forsaidis, quhairby they may peaciblie bruik, joyse, use and excerce the forsaid office of justiciarie within the bounds abonementionat with the haill priveledges, liberties and immwnities thairof and uplift the haill casualities and dewties of the samyne contenit in the forsaidis richts. And mairattour, his majestie, with advyse and consent forsaid for the better expeditione of justice in the said office within the bounds abonementionat, be thir presents, gives and grants full power, commissioun and libertie to the said Archibald, lord of Lorne and his forsaidis in thair awin names, as his majesties justices within the saidis bounds, to direct furth sumonds, precepts and chairges of horning againes malefactors and delinquents within the bounds forsaidis, for chairging, warning and citting of them to find cawtioun to wnderly the law, and to compeir at sick convenient tymes and dyetts as ar allowit be the lawes of this cuntrie wnder the paine of rebellioun and putting of thame to his majesties horne, and with command to denounce the pairties to the horne incaice of failyie in finding of the said cawtioun, or failyie in compeirance as said is, and siclyk to direct precepts, letters and chairges to denunce all persones to his majesties horne quha beis declarit fugitive or utherwayes beis ordanit to be denuncit his majesties rebells be any lawfull decreit or rolument of court of the saidis justice courts, and to escheit and imbring all thair moveable guids, and to extend the samyne precepts and letters in ample forme; and finds and declairs that all precepts and letters of horning to be usit in maner abonementionat and dewlie registrat conforme to the act of parliament ar, and sall be, sufficient and lawfull in thameselffes, and sall infer the escheit of the gudes of the rebelles according to the lawes of this kingdome with all uther effects, quhilks letters of horning befor the justice generall inferres in the lyke caises, and that the haill escheits of the saidis rebells and the haill wnlawes, amerciaments and escheitts of the saidis justice courts sall be intromettit with and uplifted be the said Archibald, lord of Lorne and his forsaidis, the ane halfe thairof for thair awin use and the uther halfe of the samyne to the use of his majestie and his successors. And inlykmaner his majestie, with advyse and consent forsaid, declairs and ordaines that in all patents and commissiones to be grantit be his majestie or his successors to any persone or persones of the forsaid office of justiciarie generall or justiciarie within any particular bounds within this realme, the forsaid office of justiciarie within the bounds of the shirefdomes and lands particularlie abonementionat contenit in the said Archibald, lord of Lorne's infeftment forsaid, sall be expreslie exceptit and reservit to him and his forsaidis and that the saidis patents and commissiones sall nawayes prejudge nor impair the forsaid heretable infeftment of justiciarie grantit to the said Archibald, lord of Lorne and his forsaidis, within the bounds abonementionat, bot that the samyne sall remaine inteir and in full force wnprejudgit be the samyne patents and commissiones, notwithstanding of the generalitie of the power and termes thairof quhairine the samyne sall happine to be conceavit, but prejudice to his majestie and his successors to appoint commissioners within the saidis bounds at tua circuit courts in the yeir conforme to the saidis contract and infeftment following thairupon and wnder the restrictiones thairin contenit allanerlie and na vtherwayes. And it is heirby ordanit and declarit that how oft his majestie or his successors sall grant any commissiones for halding of circuit courts, that the samyne commissiones (in sa far as they or any of thame sall comprehend the bounds particularlie abonementionat or any pairt thairof contenit in the said Archibald, lord of Lorne, his infeftment thairof forsaid) sall be restrictit and rewlit according to the tennor and provisioun of the said Archibald, lord of Lorne, his infeftment. Attoure oure said soverane lord, with advyse and consent of the saidis thrie estates of this present parliament, be thir presents, ratifies and approves the actes and statuites eftirmentionat maid be the lords of his majesties privie counsall of the daites eftirmentionat, viz: ane act maid in presence of the saidis lords of his majesties privie counsall of the dait the fourt day of September, j^M vj^C and tuentie nyne yeirs, quhairby and conforme to ane warrand direct to the saidis lords of his majesties privie counsall be his majestie for authorizing of the said Archibald, lord of Lorne and his deputtes to hauld his justice courts for the north ilanders at Invernes, notwithstanding that the said burgh of Invernes be without the bounds of the said Archibald, lord of Lorne, his said grant and infeftment, leiving thame to hald courts in any uther place quhair be vertew of his said grant he micht doe the samyne, the saidis lords of his majesties privie counsall gaive full power and warrand to the said Archibald, lord of Lorne and his deputtes to hald the saidis justice courts of the north ilanders within the said burgh of Invernes; and declarit the justice courts to be haldin be thame within the said burgh of Invernes to be als lawfull as if the samyne burgh war within the bounds abonewrittine quhairof the justiciarie is disponit to the said Archibald, lord Lorne and his forsaidis; ane act maid in presence of the saidis lords of his majesties privie counsall of the dait the tuentie saxt day of August, j^M vj^C and threttie ane yeirs, quhairby they ordanit that na commissioun sould be grantit to nor in favours of any of the ylanders quhill the said Lord of Lorne, his majesties justiciar in the Yles, be first hard and his opinione creaved thairanent; ane uther act maid in presens of the saidis lords of his majesties privie counsall of the dait the fourteine of Februar, j^M vj^C and threttie tua yeirs, quhairby they declarit that they wald grant na commissioun to any persone or persones quhatsumever for trying, sensuring or judging of any criminall maters within the bounds of the said Archibald, lord of Lorne, his commissioun or any pairt thairof quhill the said Archibald, lord of Lorne be warnit to the granting thairof and hard thairanent; and lykwayes, ane act maid in presens of the lords of his majesties exchecker of the said kingdome of Scotland upon the tuentie thride day of September, j^M vj^C and threttie ane yeirs, quhairby the saidis lords of exchecker ordanit that nothing concerning the said Archibald, lord of Lorne, his justiciarie within the bounds abonementionat, nather be commissioun nor remissioun, sould pas nor have way before thame dirogatorie or prejudiciall to the said Archibald, lord Lorne, his commissioun or infeftment forsaid wnto such tyme as the said Archibald, lord Lorne sould be lawfullie warnit thairto and hard to propone and object his lawfull reassounes and defenses quhy nathing sould be done in any sort prejudiciall to his said commissioun and infeftment in all and sundrie pointes, heads, articles and clauses thairin contenit eftir the formes and tennors thairof; and wills, declairs and ordaines that this present ratificatioun of the actes and statuites abonespecifiet is and sall be als valide and sufficient in all respects as if the samyne actes and statuits wer at lenth and word be word insert heirintill, dispensand with the not inserting thairof in this present ratificatioun be thir presents for ever; and ordaines the saidis actes and statuites to be observit and keipit in favours of the said Archibald, lord of Lorne and his forsaidis in all tyme coming and to have the full force, strenth and effect of acts and statuits of parliament. And als his majestie, with consent and advyse forsaid, wills and ordaines if neid beis ane new infeftment to be past and exped wnder the great seale in favours of the said Archibald, lord of Lorne and his forsaidis, of the said office of heretable justiciarie within the bounds abonespecifiet with the priveledges abonementionat conforme to the tennor of this present act of parliament. It is alwayes declarit that thir presents nor the forsaid infeftment appointit to follow heirupon sall nawayes be hurtfull to his majesties richt traist cowsigne and counsallor James, marques of Hamiltoun etc., his airs nor successors anent thair richt of justiciarie within the bounds of the earledome of Arrane in sa far as the samyne belongs to the said James, marques of Hamiltoun, lyand withine the shirefdome of Buite and within the bounds of the lands of Sadell in Kintyre, lyand within the shirefdome of Tarbett, quhairin the said James, marques of Hamiltoun is infeft upon the resignatioun of the said Archibald, lord Lorne, with all priveledges, liberties, dignities, immwnities, casualities, proffeits and dewties perteining and belonging to the said office of justiciarie within the bounds abonementionat contenit in the said James, marques of Hamiltoun, his infeftment thairof, haldine of his majestie; and ordaines thir presents to be ane sufficient warrand to the clerk of register and his deputtes for extending of ane act of parliament heirupon in dew and competent forme.