[1644/6/46]¹

Charter: ratification

Ratificatioun in favoures of the Lord Scottistarbet anent the regent of humanitie in St Leonard's Colledge

The estates of parliament, now presentlie conveind be vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, haveing hard and considdered the petitione eftirspecified, quherof the tennour followes: My lords of parliament, wnto your lords humbly meanes and shewes I, your lords servitor, Sir Johne Scot of Scottistarbet, knyght etc., that quhair I haveing in the begining of this last generall assembly made my complaint to them beiring that I being moved in anno 1620 for the love and favour I did carie to St Leonard's Colledge in St Androis, wher I and my umqhile father wer educat in philosophie, to mortifie for the use of regent of humanity ther in bookes, lands and annualrent to the availl of eight thousand merkes or therby, quhilke mortificatione tooke effect by establishing of umqhile Mr Alexander Scot and eftir his deceis of Mr Robert Norie, present regent and professour of humanity there, and quhilkes principall and regentes of St Leonard's Colledge wer in a contract past betuixt them and me obleidged that the said regent should enjoy and be capable of all liberties, priviledges and dignities of the said wniversity of St Androis, and that in equall degrie with themselffes. In the quhilke contract ther wes ane clause irritant that if they failzie in any poynt to me, then the mortified lands, bookes and annualrent should returne bake to me as if the samene had never bene disponed nor mortified. And that notwithstanding quherof, at his majesties last being in this kingdome, quhen he wes pleased to bestowe the pryorie of Sant Androis wpoun that wniversity for ther bettir mentinance, the commissioneres of the said wniversity (quherof the principall of St Leonard's Colledge wes one) pretermitted the said regent of humanity in giveing wp ther auld rentes, quherby no portione wes allotted to him of his maties beneficence, bot he altogither by that meanes secludit therfra; and not only wes this done to the said regent, his prejudice, bot lykewayes, wpoun the earnest sute of the general assembly haldine in anno 1641, there was then a commissione procured from your lords for visitatione of the said wniversity to ane nomber of persones, the most pairt quherof were educate in the Old Colledge, quha wer appoynted visitoures of the said wniversity, and wpoun that generall clause conteyned in that commissione (quhilke was only granted for devyding the pryorie) giveing them power to rectifie the studies of the scholleres and abuses ther, they fand that the said regent of humanitie wes ane abuse, sieing he wes foundit in St Leonard's Colledge and not in a newtrall place, as ther decreit heirwith produced beires, sua that I, finding my selfe greatly wronged and the intentione of my mortificatione inverted, raised sommondes of declarator befor the lords of counsell and sessioune aganes the principall and regentes of St Leonard's Colledge and therwpoun hes obteyned sentance and evicted from them the haill foirsaid rent, to the great prejudice of learneing and ruine of the said colledge, except there wer provydit remeid. Therfore I humbly besought them seriously to considder the premiss, sieing I wes yit unwilling to convert my said donatione to any other pious use in any other wniversity bot to the said colledge of St Leonard's if the mentione of my mortificatione wer dewly observed for the weill of the said colledge, and that my said mortificatione made in anno 1620 wes ratified in a generall act of parliament in anno 1621, and therby the intentione of the fundators appoynted never to be altered, and that in the sext act of his maties first parliament the inversione of pious donationes is fully dischairged, therfore I craved the judgment of the said generall assembly anent the necessity and expediency of the said regent of humanity and his abode within the said colledge for advancement of learning and to be a seminarie of youth for the church and state within this kingdome, and desyred them to declaire whither it wes ther intentione in suiting that commissioune from your lords for visitatione of the said wniversity and to rectifie abuses therin therby to extirpate and expunge a regent of humanity or alter onyway the intentione of the fundator, and craved that they would be pleased to reccommend the samene to your lords to the end that ane act might be made by yow for reestablishing the said regent within the said colledge in his first integrity, and that he might have ane proportionable pairt of his maties munificence, conforme to ane particular granted by his matie to the said regent wndir his hienes great seill; quherwnto the saids visitors agried, bot appoynted him to be a publict professor and to teach in the toune of St Androis, contrair to the tennor of my mortificatione, as my said supplicatione exhibite to them beires; quhilke being at lenth wpoun the thride of this instant agitat in the generall assembly, and the said commissione of parliament, with ther tuo actes, being also red before them, they, by ther sentance and interloquitor, have recalled the saids actes of the visitors as contrarie to the mynds of the granteres and of the fundators. Heirfore I humbly beseike your lords to take the premiss to your consideratione, ordeaneing the said act of generall assembly to be ratified, and to give your lords explanatione and additione anent the reestablishing of the said regent of humanity, conforme to his first fundatione and contractes made theranent, and that he may have his proportionable pairt of his maties beneficence, conforme to his said gifte granted to him for that effect, and also that he be declaired a member of the said wniversity and capable of all dignities, priviledges and emolumentes in lykemaner as any other regent or member of the said wniversity. Sieing this being granted, I am most willing to mortifie all of new agane, quhilke may and will be ane encouragment to otheres to doe the lyke in tymecomeing, and your lords ansuer. As also, the saids estates haveing lykewayes red and considdered the defences givine in in parliament be Mr James Wood for the Old Colledge of St Androis aganes the foirsaid desyre of the said petitione, with the ansueres made theraganes for the petitioner, and lykewayes haveing hard the pairties hinc inde viva voce theranent, and considdered the contractes, actes and utheres writtes produced be the said Sir Johne Scot, petionar, the saidis estates ratifies and approves the foirsaid act of the generall assembly in the haill heides therof, and reestablishes the said regent of humanitie conforme to his first fundatione and contractes maid theranent, and ordeanes him to have his proportionable pairt of his maties beneficence conforme to his gifte granted to him for that effect, and declaires the said regent ane member of the foirsaid wniversity and capable of all dignities, priviledges and emolumentes in lykemaner as any other regent or member of the said wniversity. And in respect of the premiss, ordeanes the said Sir Johne Scott, supplicant, to mortifie of new agane the lands, moneyes and otheres givine of before to the said place of humanity within St Leonard's Colledge conforme to his former mortificatione therof and his promise mad in his bill theranent.