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| Link between Sir James & Alexander 27 May 1617, Edinburgh, Parliament Added by RachealRichardson on 19 Apr 2009 Alexander & James Richardson ConnectionJames VI: Translation 1617, 27 May, Edinburgh, Parliament Parliamentary Register 28 June 1617 28 June 1617 On the fourth day of parliament [1617/5/13]*Procedure: preamble The parliament of the said most excellent prince James, by the grace of God, king of Scotland, England, France and Ireland etc., defender of the faith, held in Edinburgh on 28 June in the year of the Lord 1617 by the lord king himself and all the estates of the realm of Scotland as signed below, together with the following officers of parliament. [1617/5/14]*Sederunt· For the clergy · [John Spottiswood], archbishop of St Andrews · [James Law], archbishop of Glasgow · [Alexander Lindsay, bishop of] Dunkeld · [Alexander Forbes, bishop of] Aberdeen · [Alexander Douglas, bishop of] Moray · [Andrew Lamb, bishop of] Brechin · [Patrick Lindsay, bishop of] Ross · [Adam Bellenden, bishop of] Dunblane · [John Abernethy, bishop of] Caithness · [Andrew Knox, bishop of the] Isles · [Andrew Boyd, bishop of] Argyll · [George Graham, bishop of] Orkney · [Peter Hewitt], abbot of Crossraguel · Nobility · [Ludovic Stewart], duke of Lennox · [James Hamilton], marquis of Hamilton · [George Gordon], marquis of Huntly · o Earls o [Archibald Campbell, earl of] Argyll o [Francis Hay, earl of] Erroll o [John Erskine, earl of] Mar o [John Leslie, earl of] Rothes o [John Graham, earl of] Montrose o [Alexander Montgomery, earl of] Eglinton o [James Erskine, earl of] Buchan o [Robert Seton, earl of] Winton o [Alexander Home, earl of] Home o [John Drummond, earl of] Perth o [James Hamilton, earl of] Abercorn o [Robert Kerr, earl of] Lothian o [William Murray, earl of] Tullibardine o [Robert Ker, earl of] Roxburghe · o Viscounts o [Thomas Erskine, viscount of] Fenton o [John Ramsay, viscount of] Haddington o [John Maitland, viscount of] Lauderdale · o Lords o [Arthur Forbes, lord] Forbes o [Andrew Gray, lord] Gray o [James Stewart, lord] Ochiltree o [William Crichton, lord Crichton of] Sanquhar o [John Hay, lord Hay of] Yester o [Hugh Sempill, lord] Sempill o [John Maxwell, lord] Herries [of Terregles] o [Alexander Elphinstone, lord] Elphinstone o [James Ross, lord] Ross o [Robert Boyd, lord] Boyd o [James Sandilands, lord] Torphichen o [Hugh Campbell, lord Campbell of] Loudoun o [John Elphinstone, lord] Balmerino o [David Murray, lord] Scone o [Walter Scott, lord Scott of] Buccleuch o [William Stewart, lord] Blantyre o [Michael Balfour, lord Balfour of] Burleigh o [John Bothwell, lord] Holyroodhouse o [Alexander Stewart, lord] Garlies o [James Drummond, lord] Madderty o [Colin MacKenzie, lord MacKenzie of] Kintail o [William Cranston, lord] Cranston o [Thomas Hamilton, lord] Binning o [David Carnegie, lord] Carnegie [of Kinnaird] · Officers of State · [John Erskine], earl of Mar, high treasurer · [Thomas Hamilton, lord] Binning, secretary · [Sir Richard Cockburn of Clerkington], privy seal · [Sir George Hay of Nether Liff], clerk register · [Robert Kerr, earl of Lothian], master of requests · [Sir John Cockburn of Ormiston], justice clerk · [Sir William Oliphant of Newton], advocate · Sir Gideon Murray [of Elibank], treasurer depute · Commissioners for the barons · The lairds [Sir George Ramsay of] Dalhousie and [Sir James Richardson of] Smeaton for Edinburgh principal · [Sir Walter Dundas], laird of Dundas and John Dundas of Newliston for Linlithgow · The lairds [John Livingston of] Dunipace and [Sir Archibald Stirling of] Keir for Stirling · The lairds [Sir John Wemyss of Wester] Wemyss and [William Sandilands of] St Monans for Fife · John Leslie of Balquhain and Master John Cheyne of Arnotischire† for Aberdeen · [Sir John Home], laird of Blackadder and Archibald Douglas of Tofts for Berwick · The lairds [Sir William Stewart of] Grandtully and [Sir George Auchinleck of] Balmanno for Perth · Master William Douglas of Cavers and [Andrew Riddell], laird of Riddell for Roxburgh · The lairds [Sir John Maxwell of] Pollok and [Sir Archibald Stewart of] Castlemilk for Renfrew · Sir Patrick Murray of Langshaw [and Elibank] and George Pringle of Torwoodlee for Selkirk · Alexander Strachan of Thornton and Sir Robert Graham of Morphie for Kincardine · [Sir William Cunningham], laird of Caprington and Josias Stewart of Bonytoun for Ayr · Sir John Hamilton of Lettrick, knight, and [Sir James Maxwell], laird of Calderwood for Lanark · William Semple of Fulwood for Dunbarton · Sir William Seton [of Kylesmure] and Sir John Home of North Berwick for the constabulary of Haddington · [Sir John Vans], laird of Barnbarroch for Wigtown · [Hector Bannatyne], laird of Kames and Paul Hamilton for Bute · [Sir Robert Bruce], laird of Clackmannan for Clackmannan · [Sir Archibald Murray], laird of Blackbarony and Sir Robert Stewart [of Shillinglaw] for Peebles · Master Robert Henderson of Holland and Edward Sinclair of Essintoy for Orkney · John Gordon of Buckie and George Munro of Tarrell for Inverness · [Sir John Scrimgeour of Dudhope], constable of Dundee, and [Sir James Haliburton], laird of Pitcur for Forfar · The lairds [William Douglas of] Drumlanrig and [Sir William Grierson of] Lag for Dumfries · Thomas Urquhart of Cromarty for Cromarty · John Dunbar of Moyness for Nairn · [William MacCulloch], laird of Myrton for Kirkcudbright · Commissioners for the burghs · James Nisbet [of Restalrig] and George Foulis [of Ravelston] for the burgh of Edinburgh · James Adamson and Andrew Gray for Perth · William Auchinleck [of Woodhill] and Master Alexander Wedderburn [of Kingennie] for Dundee · Sir Thomas Menzies [of Durne] and George Nicolson for Aberdeen · John Williamson and [...] for Stirling · James Hamilton [of Aikinhead] and James Stewart for Glasgow · John Osborne and James Blair for Ayr · Thomas Robertson and Robert Taylor for St Andrews · Master John Acheson for Dunbar · Alexander Kirkton and Master John Rutherford for Jedburgh · Robert Lindsay and James Riddell for Rutherglen · Patrick Grieve for Burntisland · David Simpson for Dysart · William Stevenson for Pittenweem · Robert Richardson and George Simpson for Anstruther Wester · Robert Mercer and Robert Alexander for Anstruther Easter · John Mackieson for Crail · Master John Hay for Elgin · Master Samuel Falconer for Forres · William Ramsay for Montrose · James Cuthbert for Inverness · Robert Munro for Tain · James Gray and Gavin Blair [of Braxfield] for Lanark · George Airth [of Foxtoun] and Robert Paterson for Cupar · Hugh Scott for Irvine · Ralph Kerr for Lauder · William MacLellan for Kirkcudbright · John Turner for Wigtown · Andrew Milne and Andrew Bell for Linlithgow · William Somerville for Renfrew · John Dickson for Peebles · Master Thomas Wardlaw [of Logie] for Dunfermline · Thomas Lamb for Kirkcaldy · Thomas Lauder for North Berwick · Master James Halliday [of Pitlochie] and John Corsan for Dumfries · Master James Cockburn for Haddington · †James Mitchellhill and Master John Kerr for Selkirk · John Boswell and Walter Duncan for Kinghorn · James Ogilvie for Cullen · Alexander Harvie for Inverurie · Alexander Dunbar for Nairn · William Blackburn [of Brownside] for Inverkeithing · James Suttie for Forfar · Sir George Bruce [of Carnock] for Culross · Walter Cheyne for Kintore Legislation[1617/5/15]*ACT IRegarding the election of archbishops and bishops Our sovereign lord, with advice and consent of the estates of this present parliament, for good and solid order to be kept in all time to come for election of archbishops and bishops, statutes and ordains that all who shall be hereafter promoted to any archbishopric or bishopric within this realm shall be elected and admitted according to the form and manner undermentioned and no other way: that is to say, when it shall any of the sees to be made void, his majesty's pleasure is to grant licence to the dean and chapter of the cathedral kirk of the see to convene themselves for electing of another archbishop or bishop in place of the former incumbent, and the said licence being issued, an edict shall be affixed upon the most patent door of the cathedral kirk requiring and charging the dean and chapter of the said kirk to convene themselves for choosing of a bishop to the same, who shall be devoted to God and to his highness and realm, profitable and faithful; who being convened, the dean of the said chapter, with so many of them as shall happen to be assembled, shall proceed and choose the person whom his majesty pleased to nominate and recommend to their election, he always being one actual minister of the kirk, and shall elect none other than one actual minister to be so nominated and recommended by his majesty as said is. After the which election testified under their seals and subscriptions, his majesty's pleasure is to give his royal assent thereto. And the same being granted under his majesty's great seal, shall be to the person elected a sufficient right for enjoying the spirituality of the benefice to which he is elected during his lifetime. Upon which assent, and his highness's mandate to be directed to a competent number of bishops within the province where the benefice lies, the person elected shall be consecrated and received in his function by the rites and order accustomed. And the said consecration being made, his majesty's pleasure is to convey to the person elected the temporality of the said benefice with all privileges, honours and dignities belonging thereto. And the same grant being passed under his majesty's great seal, then shall the person admitted do homage and swear obedience to our sovereign lord according to the form prescribed. Neither shall it be lawful to the person admitted to intromit with any of the fruits and rents of the said benefice until he has performed the said homage and given the oaths of allegiance and fidelity to his majesty or his highness's commissioners to be appointed for that effect. And for the better observing of the order in all time hereafter, our sovereign lord and three estates inhibit and discharge the lords of council and session to authorise by their decreet and sentence the provision of any bishop to be admitted hereafter, except that it be testified that he is received and entered according to the said order in all points. [1617/5/16]*ACT IIRegarding the restitution of chapters Our sovereign lord, with advice and consent of the estates of this present parliament, considering how necessary it is that the dean and members of chapter of every cathedral kirk be at all occasions ready to convene themselves for the election of archbishops and bishops to their several sees, and for issuing of particular rights made to the lieges to which their consent by the laws of the realm is required, and that for supporting of the charges of their service and enabling them the better to attend at such occasions it is most needful that they be restored to their manses, glebes, rents and livings belonging to them of old, have statute and ordained that all the deans and other members of the chapters of the cathedral kirks within this kingdom shall be restored to their manses, glebes, rents and other patrimony belonging to them. And to that effect, his majesty, with advice of the said estates, dissolves from the crown and patrimony thereof the foresaid manses, glebes, rents and duties formerly annexed, to the effect the same may be hereafter enjoyed and peaceably possessed by the ministers that are, and hereafter shall be, provided thereto, without prejudice always of the feus, tacks, pensions and other rights lawfully made of whatsoever manses, glebes, lands and teinds of any part of the said chapter kirks to the parties having right to the same, and likewise without prejudice to lay patrons of their patronages granted to them by the king's majesty with consent of the titulars for the time, albeit the same be not ratified in parliament, which shall in no way be prejudiced by this present act; and with express reservation of the rights of the priory of St Andrews, now erected in a temporal lordship, in favour of Ludovic [Stewart], duke of Lennox and his heirs, which shall remain in the own strength and integrity notwithstanding of the act of restitution above-written and any thing therein comprehended; and also with reservation of the house and place of Hamilton, buildings, orchards, yards and whole pertinents of the same in so far as the same or any part thereof pertained of before to the deanery of Glasgow, which his majesty and estates reserve out of this present act to his trusty cousin James [Hamilton], marquis of Hamilton and his successors, to be held of his majesty and his highness's successors as their immediate superiors thereof for ever; and without prejudice to the burgh of Edinburgh of whatsoever rents, profits, tenements, annualrents, teind sheaves and other commodities given, granted and conveyed to them for maintenance of their hospitals, college and ministry; and likewise without prejudice of whatsoever teinds, feu mails and annualrents which pertained of old to the said chapters in common or to any prebendar in particular conveyed by his majesty to any colleges within the university of St Andrews, masters or bursars thereof, which his majesty, with advice of the estates, declares shall not be prejudiced by this present act, and also according to the restrictions, exceptions and limitations conceived in favour of feuars, tacksmen and others having right particularly set down and expressed in the second act of his majesty's eighteenth parliament concerning the restitution of the estate of bishops, which restrictions, exceptions and limitations are held as repeated and expressed in this present act. And to the effect that all such persons who are, and have been, tenants and vassals to deans and other members of cathedral kirks may be in certainty and know by whom they should be entered and received in the lands and others held by them of the said dean and members or any of them, therefore it is statute and ordained by our sovereign lord and estates that when any such occasion shall offer of receiving or entering of vassals or of changing of tenants who comes in the vassals' places, either by alienation of the vassals or comprising from him or by any other lawful manner, the direct superior of whom the said vassal immediately shall be astricted and held to do the same and to enter all such persons by himself (they doing their duty to their superiors as appertains), in the which case our sovereign lord and estates declare the consent of the prelate or remaining members of his chapter to be in no way necessary to the said entry or changing of tenants. And because the priory of St Andrews is now erected in a temporal living and lordship, the prior whereof in former times was always dean of the chapter of St Andrews, the canons thereof were the members of the said chapter which are now all abolished, to the effect they be not wanting a chapter to the said kirk, our sovereign lord, with advice foresaid, declares that the ministers serving the cure at the kirks underwritten present and to come shall be esteemed the chapter thereof: they are to say the prior of Portmoak, who is principal in St Leonards College and dean of the chapter, the archdean of St Andrews, the vicar of St Andrews, the vicar of Leuchars, the vicar of Cupar, the provost of Kirkhill, the parson of Dysart, the vicar of Forgund, the vicar of Inchture, the vicar of Kinnaird, the vicar of Fowlis, the vicar of Ecclesgreig, the vicar of Rossie, the vicar of Linlithgow, the vicar of Scone, the vicar of Fordoun, the vicar of Forgan in Fife, the dean of Restalrig, the dean of Dunbar, the vicar of Kettle, the vicar of Kennoway, the vicar of Markinch, the vicar of Falkland and the vicar of Abercrombie, being all 24 persons, which persons shall have the administration, doing and performing of the affairs belonging to the said bishopric and for the benefit of the said cathedral kirk which was done before by the prior and his canons. And concerning the election of the archbishop of the said see, whensoever the same shall hereafter become vacant, our sovereign lord, with advice foresaid, declares, statutes and ordains the said archbishop to be elected by eight bishops of his diocese: they are to say the Bishop of Dunkeld, the Bishop of Aberdeen, the Bishop of Brechin, the Bishop of Dunblane, the Bishop of Ross, the Bishop of Moray, the Bishop of Orkney and the Bishop of Caithness, and by five ministers serving the cure of the kirks underwritten: namely, the principal of St Leonards College, the archdean of St Andrews, the vicar of St Andrews, the vicar of Leuchars and the vicar of Cupar, which bishops and ministers, or the most part of them, shall have power in all time to come to elect the archbishop whenever the see shall become vacant and shall remain hereafter the chapter appointed by our sovereign lord and estates for the election foresaid, the vicar general for convening of the which electors our sovereign lord and estates declare to be now, and in all time coming, the Bishop of Dunkeld who shall happen to be for the time. And likewise our sovereign lord, with advice of his estates, declares, statutes and ordains that the Archbishop of Glasgow, whensoever that see shall become vacant, shall be elected by the three bishops of his diocese, namely: the Bishop of Galloway, the Bishop of Argyll, the Bishop of the Isles being for the time, and by his ordinary chapter, or the most part of them, the Bishop of Galloway being always convener of the said electors to the said election, which persons shall have power only in the said election, seeing it is the express will and ordinance of his majesty and estates that the old and ordinary chapter of Glasgow and the other chapter above-written appointed for the see of St Andrews as said is shall have the only administration of those things concerning the affairs tending to the benefit of their cathedral kirks and belonging thereto as the old chapter formerly had, and these other chapters before-mentioned appointed only for election of the said archbishops shall in no way be derogatory to the other ordinary chapters established for the handling of the affairs of their sees in manner above-written. [1617/5/17]*ACT IIIRegarding the plantation of kirks Our sovereign lord, considering that there be diverse kirks within this kingdom not planted with ministers, through which ignorance and atheism abound amongst the people, and that many of those that are planted have no sufficient provision nor maintenance appointed to them, whereby the ministers are kept in poverty and contempt and cannot fruitfully travel in their charges; considering also that no thing is more properly belonging to his princely care than to see to the good estate of the kirks within his dominions out of that zeal which his majesty bears to the promoting of the kingdom of Christ; and for a perfect remedy of these evils, with advice and consent of the estates of parliament, has granted full power and commission to the lord chancellor for the time and to the reverend fathers in God John [Spottiswood], archbishop of St Andrews, James [Law], archbishop of Glasgow, Alexander [Lindsay], bishop of Dunkeld, Alexander [Forbes], bishop of Aberdeen, Alexander [Douglas], bishop of Moray, Patrick [Lindsay], bishop of Ross, Adam [Bellenden], bishop of Dunblane and William [Couper], bishop of Galloway, eight persons nominated for the clergy and prelates, and in case of the death of any of them, to Andrew [Lamb], bishop of Brechin, George [Graham], bishop of Orkney, Andrew [Boyd], bishop of Argyll and John [Abernethy], bishop of Caithness, which four persons his majesty and estates have nominated to supply and become in the place of any of the other eight foresaid if any shall happen to die before this commission be finished, namely: the first of the four in place of the first of the eight dying, and so in order successively as they are named; and to John [Erskine], earl of Mar, lord treasurer, James [Hamilton], marquis of Hamilton, James [Hamilton], earl of Abercorn, William [Murray], earl of Tullibardine, Robert [Ker], earl of Roxburghe, John [Maitland], viscount of Lauderdale, Thomas [Hamilton], lord Binning and David [Carnegie], lord Carnegie [of Kinnaird], eight persons nominated for the nobility, and in case of any of their deaths, to Alexander [Elphinstone], lord Elphinstone, nominated to become in the place of the first deceasing, Alexander [Montgomery], earl of Eglinton, in the second, John [Drummond], earl of Perth, in the third, and John [Elphinstone], lord Balmerino in the fourth; and to the commissioners underwritten nominated for the barons, namely: William Douglas of Drumlanrig, Sir Walter Dundas of that Ilk, Sir James Haliburton of Pitcur, Sir John Hamilton of Lettrick, Sir John Vans of Barnbarroch, Sir Andrew Murray of Balvaird, Sir Alexander Gordon of Cluny and to Sir George Auchinleck of Balmanno, and in case of any of their deaths, to Thomas Urquhart, sheriff of Cromarty, Sir Alexander Strachan of Thornton, Josias Stewart of Bonytoun and Sir Robert Stewart of Shillinglaw, persons nominated to become in order as they are named in places of any of the eight deceasing; and to James Arnott, burgess of Edinburgh, Master Alexander Wedderburn [of Kingennie], clerk of Dundee, Sir Thomas Menzies [of Durne], provost of Aberdeen, John Shearer, burgess of Stirling, Andrew Milne, burgess of Linlithgow, John Osborne, burgess of Ayr, John Mackieson, clerk of Crail, and Sir George Bruce of Carnock, knight, burgess of Culross, eight persons nominated for the burghs, and in case of any of their deaths, to Alexander Clerk [of Stenton and Pittencrieff], merchant burgess of Edinburgh, Master William Ferguson, burgess of Dundee, George Nicolson, burgess of Aberdeen, and John Williamson, clerk of Stirling, persons nominated to supply in order any of the other eight commissioners foresaid deceasing, which foresaid commissioners, or any five of each estate nominated as said is, consenting and agreeing in one voice, shall have power to convene, consult and to determine upon the matters and in manner underwritten, providing always that there is, and shall be, necessarily requisite to the validity of any act, conclusion, ordinance and determination of the said commissioners, the conjunct assent of five of every one of the said four estates all agreeing together in one voice, without which consent of the said five of each estate so agreeing, the rest of the said commissioners shall have no power to make any valid or effectual conclusion by virtue of this present commission, but whatsoever shall be otherwise done is declared to be of no value, force nor effect. That is to say, our sovereign lord and estates of parliament, by the tenor hereof, give, grant and commit full power and authority to the said commissioners to meet and convene in the town of Edinburgh at such time and times as they shall appoint and find convenient, and there to call and summon before them all patrons and tacksmen of teinds, great and small, and all others having right by whatsoever title to the teinds within this kingdom as they shall think necessary and expedient, to exhibit and produce before them their rights and titles whereby they claim the said teinds, to be seen and considered by the said commissioners, with power to them out of the said teinds of every parish to appoint and design at their discretion a perpetual local stipend to the minister present and to come at all kirks that shall be found by them either as yet not provided at all with ministers and stipends or where the provision is less than 500 merks in yearly rent of money or five chalders of victual (by manse and glebe) or such proportion particularly of silver and victual as will be fitting and extend to 500 merks or five chalders of victual yearly, and which is the least and meanest stipend and provision determined, appointed and declared by his majesty and estates to be given and assigned to any minister for his local stipend in time coming where the fruits of the benefice will extend to that quantity in manner underwritten, and that notwithstanding of any right or title pretended by the said tacksmen or others in whose favour teinds have been erected; with special power also to the said commissioners to unite such kirks, one or more, as may conveniently be united where the fruits of any one alone will not suffice to maintain a minister; in the which case of union of such kirks, if it fall out that necessity offer to unite kirks belonging to presentation of diverse patrons, the presentation of the ministers shall be appointed by the said commissioners to pertain to the patrons by alternate turns, to the which commissioners his majesty and the estates does recommend and refer to consider and appoint farther such solid order as may be most conveniently taken and stand with the least prejudice of any of the patrons and as they shall be found to have more or less interest in the kirks to be so united. It is always provided that where† there are diverse kirks whereof the fruits of any one will not extend to the quantity of five chalders of victual nor 500 merks of silver in yearly commodity, and that the rents and whole patrimony thereof are in no way answerable to that proportion, and so is not sufficient alone for the full maintenance of one minister, and yet nevertheless, for distance of place or other lawful causes, may be found incommodious to be united, whereby necessity will evince that every kirk in that estate should be planted with their own particular minister to serve thereat, whose provision behoves necessarily to consist of the fruits of the benefice itself, however mean the same be; therefore it is declared that it shall be sufficient to the said commissioners in that case to assign and appoint to the minister to be planted at any such kirks the whole fruits pertaining to the patrimony thereof, over and above his manse and glebe, which fruits are to be enjoyed by him and his successors thereafter as their perpetual local stipend and provision. And to the end the said commission may take the better effect and for a solid order regarding the provision of the said kirks with their certain definite stipend, and that it may be clearly known what shall be the proportion and quantity of any stipend which shall be hereafter appointed to every minister at every kirk, either not provided at all or not sufficiently provided as said is, our sovereign lord and estates declare that the least and meanest stipend which they shall have appointed to be hereafter provided by the said commissioners to any minister shall not be under and within the quantity of five chalders of victual or 500 merks of money or proportionally part of victual and part thereof in money accordingly as the fruits and rents of the kirk may yield and afford and as the said commissioners shall think expedient and fitting to the said five chalders of victual or 500 merks money, over and above their manse and glebe, where the whole fruits of the kirk will extend to the quantity foresaid; and that the greatest and most stipend which the said commissioners shall have power to assign for stipend to any minister at any of the said kirks either not planted or planted and provided with stipends within and under the said five chalders of victual or 500 merks money as said is shall not exceed the quantity of ten chalders of victual or 1,000 merks of money and proportionally part of money and part of victual at the consideration of the said commissioners as they shall find by examination of the rents of the kirk most conveniently may be paid, over and above their manse and glebe, so that the greatest shall be 1,000 merks or ten chalders of victual with manse and glebe, and the least 500 merks or five chalders of victual with manse and glebe, except where the whole fruits of the kirk will not extend to that quantity as said is; and find and declare that all kirks which are planted with ministers whose stipends extends to five chalders of victual or 500 merks of silver or part of both appropriate to the whole by their manse and glebe (the same being made sure to them) are expressly excepted out of this commission and in no way come under the compass thereof; neither shall the said commissioners have any power by virtue hereof to meddle with any kirks or stipends which are in that case, seeing that the said commission is not extended to the same. It is also provided that where any kirks are sufficiently provided already albeit their provision does exceed the foresaid quantity of ten chalders of victual or 1,000 merks of money, and also where the fruits of any benefice are in the possession of the minister, that the same shall be continued in the estate wherein it is at the present and not to be meddled with by virtue of the said commission. And because reason and equity craves that recompense should be made to the tacksmen and other persons whatsoever who shall be by the sentence of the said commissioners hurt and prejudiced of their present profit which they may lawfully possess by virtue of their titles and rights established in their persons, and upon whom by virtue of the said sentence any burden of the sustentation and provision of the said kirks and ministers is to be imposed, therefore our said sovereign lord and estates of parliament gives full power and commission to the said commissioners so to proceed in the determining of the said recompenses, that in case the lord or any other having right to erected prelacies who shall be cited before them refuse to take the burden of plantation of any kirks belonging to the said erected prelacies which are not planted or to help such other kirks of the same as are not well and sufficiently provided according to the tenor of the foresaid commission, and that upon their refusal (the said refusal being first found reasonable by the said commissioners), the burden of the said plantation or further provision shall be laid and imposed by the said commissioners in whole or in part, either upon the principal tacksmen of any of the fruits of the said kirks or, in case the tacksmen refuse the burden be imposed upon the subtacksmen thereof, the said commissioners shall have power to determine, appoint and ordain such particular recompense to be given to the said tacksmen or subtacksmen by renewing of their tacks or subtacks after the expiring thereof upon such conditions as the said commissioners shall find reasonable, respect being had to the quality and proportion of the burden to be imposed upon them within the time of their tacks and rights further than they are astricted by their said rights, or be appointing such other reasonable satisfaction as they shall find the said burden and distress undergone by any of them shall deserve and require. Likewise the said commissioners shall have such power to determine, decree and appoint such particular satisfaction and recompense to be given either to lay patrons or to the tacksmen of the fruits of the kirks belonging to the lay patronages and subtacksmen thereof as they shall think may be answerable to the burdens to be imposed upon either of them for the cause above-written proportionally. In the prescribing of the which recompense, the said commissioners shall have special respect what consideration they find reasonable to be given to the said patrons for their consents to the tacks, if any shall be appointed and determined to be set and given to the said tacksmen for recompense foresaid; and if any beneficed person upon just and reasonable causes refuses to provide any kirk belonging to their benefice according to the order hereby prescribed, whereby the burden of plantation or further provision of the kirk must necessarily lie upon the tacksmen or subtacksmen of the fruits thereof, the said commissioners in that case also shall determine such recompense to be given to the said tacksmen and subtacksmen for their loss and prejudice sustained as the said commissioners shall find the same shall merit be renewing of tacks to them upon such conditions as may repay their loss, or by finding out some other reasonable means which may repair the same. And our said sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that all tacks which shall be determined by the said commissioners to be given in recompense to any person whatsoever for the causes above-written and which shall be set for obedience and according to the said decreet and sentence whatsoever years and long space† the said tacks shall comprehend, shall be good, lawful and sufficient securities to the persons in whose favour the same are appointed to be given and conceived; neither shall the same be in any way prejudiced by the act made in this parliament, by the which it is statute that no archbishop, bishop or prelate should set in tack any part of their patrimony for longer space than 19 years, and that no inferior beneficed person shall set in tack any part of their benefice for longer space than their own lifetimes and five years thereafter, as the said statute purports. From the which statute the said tacks so appointed to be set and given in recompense are and shall be excepted and reserved and shall in no way come under the compass of the said act and statute nor in any thing therein contained, but the same shall remain and abide valid and sufficient rights for whole space and years appointed therein according to the tenor thereof,† notwithstanding of the said act and statute. And because it may fall out that in the recompense to be appointed by the commissioners to the patrons, tacksmen and subtacksmen for the foresaid burden to be imposed upon them, more years may be assigned for prorogation of their present tacks than may lawfully and conveniently be set by the present beneficed persons to whom by law the setting of tacks of teinds belongs, for remedy whereof, our sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that it shall be lawful to the commissioners foresaid to appoint as many years after the expiring of the present tacks to the tacksmen of the said kirks and teinds to the patrons or subtacksmen respectively for possessing of the said teinds for recompense of the said burden as they shall think reasonable, which shall be as good, valid and sufficient rights to the said patrons, tacksmen and subtacksmen respectively and to their heirs and assignees for holding, possessing and conveying of the said teinds during the said years of prorogation as if good, lawful and valid tacks and rights of the said teinds had been set and made to them by the titulars of the benefices to whom the same belonged, with consent of all parties having interest, with express provision and declaration that at the expiring of the said years the right of the said teinds and power to set tacks thereof shall return and appertain to the said titulars of the foresaid benefices as they did before the making of this present act. And our said sovereign lord, with advice of the said estates, declares and ordains this commission to last and endure to the feast and term of Lammas [1 August] in the year of God 1618, after the which time the same shall cease and expire; and ordains the decreet and sentence of the said commissioners in all the particulars foresaid, and every one of them, to have the strength, force and authority of a decreet, sentence and act of parliament; for obedience whereof, the lords of session shall direct and grant letters in the appropriate form and accordingly as shall be necessary. Which commission above-written, taking force and full effect in all the said particulars therein contained as the same are set down and comprehended therein by pronunciation of decreet and sentence upon the same, according to the power therein comprehended given to the said commissioners, our sovereign lord, with the express consent and assent of the estates in that case, finds and declares that no person in whose favour the teinds of kirks and benefices are erected, nor no other whatsoever possessing teinds by virtue of rights lawfully made to them of the same according to the laws of this realm then standing, shall be ever further altered or quarrelled in any of their said rights in any time to come further than shall be appointed by the said decreet and sentence to follow this present commission, but the said rights and securities in case foresaid shall remain in the own strength, force and effect as good, lawful and sufficient rights and securities to them and every one of them for their own parts for possessing and enjoying the said teinds according to the tenor of the said rights for now and ever. [1617/5/18]*ACT IVRegarding the setting of tacks by prelates and other beneficed persons Our sovereign lord, with advice and consent of the estates of parliament, statutes and ordains that no archbishop, bishop or other prelate within this realm shall hereafter set in tack and assedation any part of their patrimony for longer space than 19 years, and that no inferior beneficed person shall set in tack any part of their benefices for longer space than their own lifetimes and five years after their death, under the pain of deprivation of the persons contraveners from their offices and benefices and to be repute from that time forth infamous and incapable of any public function in the kirk. And for the better discovering of the tacks that shall be set by inferior beneficed persons for longer space than is above-written, it is ordained that all the tacks that shall hereafter be set by any of them for longer space than is before-mentioned shall be registered in a book which the clerk register shall keep for that effect, within the space of 40 days after the setting of the same tack, otherwise the said tack so set for longer space shall be null and of no effect to the tacksmen thereof by way of exception or reply without any other action, process or declarator of law; it is always declared that this statute shall in no way be extended to any tacks or subtacks or conditions for setting of tacks or subtacks for longer space than is above-written whereas the same depends and are made or appointed to be made, according to the commission granted by our sovereign lord, with advice of the estates of parliament, for plantation of kirks in manner as is specially set down in the said commission. [1617/5/19]*ACT VAddition to the act regarding dilapidation of benefices Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the act of his highness's parliament held at Perth, 9 July the year of God 1606 regarding the dilapidation of the rents of prelacies, with this addition: whereby his highness and estates foresaid find, decree and declare all tacks or assedations to be made of any quots of testaments or any other casualty pertaining to the said prelates in time coming to be null and of no value, force nor effect, and that it shall not be lawful to any prelate within this kingdom hereafter to convey, alienate or set any of his casualties in whole or part longer than during his own lifetime only, without prejudice of the tacks (if any be) set before this act according to the law, to the which this act shall in no way be extended. [1617/5/20]*ACT VIRegarding furnishing of necessaries for administration of the sacraments Our sovereign lord, with advice and consent of the estates of parliament, ordains that all the parish kirks within this kingdom be provided of basins and jugs for the administration of the sacrament of baptism, and of cups, tables and tablecloths for the administration of the holy communion, which shall be received to that use by the minister of the parish in such convenient place as he shall find fit, for which he and his heirs and executors shall be answerable to the parish in case the same be lost or otherwise used to any profane use; and ordains the expenses thereof to be made by the parishioners and the ministers of every kirk to do their diligence for providing the same by causing the parishioners stent and tax themselves to the effect foresaid between now and 1 February next under the pain of losing of one year's stipend. And for putting the said act into execution, ordains the lords of his majesty's council and session to give forth their letters for charging the parishioners to convene and tax themselves to the said effect and make payment of the money wherein they shall be stented as the same shall be required. [1617/5/21]*ACT VIIRegarding penalties of absents from parliament Our sovereign lord and estates of this present parliament have ratified and approved and by the tenor hereof ratifies and approves the 34th act of his highness's 11th parliament 1587 entitled 'The penalties of absents from parliament' in the whole heads and clauses thereof after the form and tenor of the same in all points, with this addition: that the penalty of the commissioners of barons through their absence from parliament shall be £100 money; and declares that no excuse shall be received nor admitted hereafter for absence from parliament unless their licence be granted by his highness under his note and superscription, if his majesty be present within the realm for the time, and in his highness's absence, by his high commissioner of parliament; and in case of the said commissioner's absence, their licence to be granted and subscribed by the lord chancellor and lords of secret council to be produced judicially the first day of the fencing of each parliament to the clerk register and his deputes. And further declares that in time coming it shall be lawful to whatsoever duke, marquis, earl, viscount, lord or prelate within this realm being absent from the parliament and lawfully excused as said is to send a sufficient power subscribed with their hands to any one of that estate having place and vote in parliament, who shall be admitted to reason and vote in parliament and whole diets thereof for that person absent, such as and as freely in all respects as if he had been present himself; and ordains the said former with this present at each parliament to be executed with all diligence and the penalties therein mentioned to be uplifted to our sovereign lord's use by his highness's treasurer. [1617/5/22]*ACT VIIIRegarding the justices for keeping of the king's majesty's peace and their constables Our sovereign lord, with advice and consent of the estates of parliament, having considered the articles and instructions given of before by his majesty to the justices and commissioners appointed for keeping of his majesty's peace and to the constables, which were presented to his highness and to the said estates by the said justices and desired to be authorised by decreet and sentence of parliament, has ratified and confirmed the same in manner as they are here particularly set down and expressed in every point and article thereof, of the which the tenor follows: that is to say, the commissioners and justices of peace at their first admitting upon the bench shall give the oath following: You shall swear that you as one of the commissioners and justice of peace within the shire of etc., according to your knowledge, wit and power, shall do equal right both to rich and poor according to the laws and customs of the land and statutes thereof; and that you shall not be of counsel with any person in any quarrel or matter depending before you. And that you shall every quarter keep the sessions or more often as you shall be required, not having any just impediment to the contrary, and shall faithfully and truly discharge your duty as a justice of his majesty's peace, and shall leave nothing undone that may tend to the preservation of the same, so help you God. Any one justice shall have power upon complaint of any person being threatened and fearing to be wronged to bind the party complained upon under such a pecuniary sum to keep the peace as he shall think fitting; as also to commit him until surety be found by him, the said complainer always giving his oath before the justice that he has just cause to dread him harm. And albeit no person complain, yet if the justice be credibly informed of appearance of trouble between any parties, he shall bind them to the peace in manner foresaid, unless the parties declare upon their conscience that neither of them does bear any grudge to each other; and all such bonds shall be kept in record by him, and he shall make delivery of the same to the clerk of the peace at the next sessions to be kept and registered by him. If any person being charged to make his appearance before a justice of peace and shall refuse or delay without cause, if the party be a landed gentleman whose rents exceeds ten chalders of victual or 1,000 merks of silver, then the justice whose command is contemned shall inform the same to some of the lords of his majesty's privy council, to the effect the party of the quality foresaid may be called and fined for his disobedience. And if the disobeyer be of a meaner degree, the justice shall hereby have power to command the next constable or, in absence of a constable, his own servant, or any other person having a warrant in writing subscribed by the said justice of peace, with assistance of the country, to bring any such party before him. If either the sheriff or bailie shall condemn any person in a bloodwit or otherwise convict him in any pain proper for him to impose, the justice shall have no power of new to fine that offender for that offence; but if they shall not find him appropriately punished in regard of the offence committed by him, they shall then inform his majesty's council thereof that they may take order therewith. And if there be no satisfaction made by the sheriff or bailie to the party offended, the justices may modify a reasonable satisfaction to the party offended, he pursuing therefore before them. And if they shall find the satisfaction determined by the sheriff or bailie in favour of the said party offended not appropriate nor answerable to the offence and wrong sustained, then they shall also inform his majesty's council thereof that they may take order therewith as appertains. If either sheriff or bailie or other deputes by collusion with the delinquent shall suffer any person guilty to be freed and cleared by an assize, the party once cleared is not to be brought further in question before the justices, but upon their information the judges are to be called, censured and severely punished by his majesty's council. The said justices shall hereby have power to proceed upon all persons committing riots and breaking of the king's peace under the degree of noblemen, prelates, councillors and senators of the college of justice; and punish and fine according to the quality of the crime and the estate of the offender. And if any of the said persons being charged to compear before the said justice shall disobey, the summons being indorsed, the lawful citation verified and fact proven, the justices shall punish and fine the non-compearing according to the quality of the crime and the estate of the offender. And for the more clear determination of the order which shall be kept by the said commissioners in prosecuting of any such process, our sovereign lord, with advice of the estates, declares that it shall be lawful to the said justices, whensoever they have any occasion, to move any action against parties for committing any like fact or riot, to refer the first summons to the parties' oaths of verity (in case of lack of other lawful probation), who, being personally summoned by that first citation, shall be held as confessed and decreet to be pronounced against him according to the libel and summons. And if he be not personally summoned by the first citation, the said commissioners shall be held to cause summon him of new again by a second summons at his dwelling place, which two citations shall be as sufficient to infer decreet and sentence upon the libel against him as if he were apprehended personally, and which sentence given after the manner and form of probation above-written, his majesty, with advice foresaid, authorises and sustains as good and lawful in themselves. And concerning those persons of higher degree, the said commissioners shall use all their power for preventing and staying of the riots, commanding the attempters in his majesty's name to cease and to find caution for keeping of the peace and for their compearance before his majesty's council. And if any person being charged to find caution and refuses or delays to do the same, and in the meantime contravenes the said charge by committing of some deed between the time of the charge and finding of the caution, nevertheless he shall be answerable for the pain from the date of the charge as if caution had been then found. The said commissioners shall put his majesty's acts of parliament to due and full execution against wilful beggars and vagabonds, solitary and idle men and women without calling or trade lurking in ale-houses, tied to no certain services, repute and held as vagabonds and against those persons who are commonly called Egyptians; and they shall punish and fine their harbourers and setters of houses to them accordingly by such competent pains as is proper to them to enjoin. The said commissioners and justices of peace are hereby authorised with power to give order (as they shall think most convenient and with least grief to the subjects) for mending of all highways and passages to or from any market town or sea port within that shire; and shall call before them all such persons as shall block these passages or other ways by casting of ditches and fosses through the same shall make these highways noisome and troublesome to passengers, and shall punish and fine them according to the quality of their offence. And to the effect it may be known of what breadth all common highways should be to market towns, our sovereign lord, with advice foresaid, declares that the same should be of 20 foot of measure in breadth at the least; and where any are of larger breadth, they ordain the same so to remain unaltered or changed, and that the said justices maintain the same, with all other ways from any town in the parish to the parish churches in the estate that they are. And where they find any necessity of other ways from any town in the parish to parish churches, they shall inform his majesty's secret council thereof, who shall give them (after sufficient information) their direction relating thereto according to which they shall be held to proceed. And if any person refuse to concur for mending of highways and passages, the said justices shall have power to censure and punish them according to their discretion. With provision always that if in their proceedings therein they use such severity or rigour as may move just complaints against them, they shall be censured for that by his majesty's secret council as appertains. The said commissioners shall put his majesty's acts of parliament to execution against cutters and destroyers of planting green wood, orchards, yards, enclosures, breakers of dove houses and rabbit warrens, stealers of bees and beehives, users of unlawful games with lying dogs, slayers of red and black fish and smolts in forbidden time, fowlers fowling in other men's lands, makers of fires in muirs and moss, setters of cruives or nets in waters and damns, having and keeping of cruives and other fish traps in forbidden time, and shall proceed against them accordingly. And for their better warrant to proceed in the premise, it is his highness's pleasure that commission shall be granted to the said justices of peace to try and punish the violators of the said acts, in the trial whereof they shall proceed by witnesses by oath of party and the punishment to be inflicted by them shall be a pecuniary sum answerable to the circumstance of the offence and quality of the offender, with special provision that their censures and punishment shall extend against none but those against whom by the privilege of their instructions they lawfully proceed; and also with provision that the said commissions be not extended to any persons who shall be arrested and convened for the said crimes before any other ordinary judge. It is also provided that the ordinance and power contained in this article shall in no way be prejudicial to any other commissions or rights whatsoever granted to other parties whereby they have power to proceed and censure the crimes and offences above-written. Item, they shall inform the king's majesty's council and his highness's treasurer, or advocate at the least, once every year, of forestallers and resellers of markets, that order may be taken with them according to the acts of parliament It shall not be licenced to any hosteller to harbour any masterless men and rebels at the horn, any vagabonds or other guilty persons of known crimes or using theft or robbery under the pains underwritten, namely: 40s to be incurred by them for the first fault; £4 for the second; and 10 merks for the third, together with the loss of the liberty of brewing. The incurrers of the which pains shall be punished according to the order aforesaid by the barons and masters of the ground whereupon the hosteller dwells within the space of 15 days after the committing of the fact. And if the said barons and heritors neglect to do the same within the said space, it shall be lawful to the said justices to pursue and fine the delinquents in their own courts according to the pains foresaid and to uplift the same from them, without prejudice always of whatsoever other acts made against the said hostellers in the baron court books under whom they dwell bearing any higher pain than is set down in this above-written act; and also without prejudice of all action, criminal or civil, competent of the law against the said hostellers in case they be under the danger thereof, which shall not be taken away by any punishment set down and to be inflicted according to this act. Item, they shall inform the king's treasurer and advocate of breakers and contraveners of the acts of parliament made against malt-makers, that the transgressors and contraveners thereof may be punished according to the tenor of the said acts. They shall set down order in the country for governance in time of plague and shall punish severely the disobeyers of the order appointed by them according to the quality of the delict. They shall appoint at their quarter sessions to be kept in August and February the ordinary hire and wages of labourers, workmen and servants; and who shall refuse to serve upon the prices set down by them shall be imprisoned and further punished at their discretion. And to the effect that servants may be the more willing to obey the ordinance to be made by the said justices and the said fees, the said justices shall have power to discern and compel the masters to make payment of the fees appointed by their ordinance in case the servants please rather to pursue for the same before them than any other judge. The said commissioners shall take notice in all sheriffdoms where there are any jails and prison-houses within any burgh that the same may be kept up and not suffered to decay or become ruinous. And if there be any shire wherein there is not any jail or prison-house, they shall inform his majesty's council thereof that they may appoint and give order for building of one within the head burgh of the shire, and according to the directions to be given relating thereto, the justice shall be held to proceed. And because there be a great many prisoners apprehended and committed who, having no means of their own for their maintenance and subsistence, will otherwise famish and starve before they can come to their trial, who nonetheless, in regard of the crimes they have committed, can in no way be put under surety or otherwise in faults of less consequence are unable to find sufficient caution to be made forthcoming and answerable at the next session, therefore it shall be lawful to the said commissioners and justices at their quarter session to rate every parish for a weekly contribution proportional for the subsistence of these poor prisoners, providing they do not exceed the sum of 5s Scots money at the most, nor under 1s at the least, which sum shall be uplifted for that use by the minister or reader who shall serve at every parish from such deacons who shall be appointed to collect the same; and the said sums to be delivered by the constable of the parish at the quarter sessions in presence of the whole bench then convened to such persons as the said justices shall trust therewith and who accordingly shall make due account in paying the jailers such rates as shall be allowed for the poor prisoners and making the rest forthcoming for such use and intent of the same nature as the said justices shall appoint. All magistrates of burghs and keepers of jails or any prisons shall receive into their prisons all such persons as either shall be brought by constables or sent to them by warrants under the hand of any one justice of peace (the said justices causing satisfy for their subsistence). And if any magistrates or their jailers suffer any persons committed by the justices into their prisons to escape, they shall be appropriately punished thereof at the discretion of his majesty's council. Item, our sovereign lord, with advice foresaid, ordains the said commissioners to set a price upon craftsmens' work and upon the ordinars of penny bridals, together with the price of shearers' fees and to punish the contraveners as appertains. They shall cause sufficient single and double ale to be brewed in every shire and shall appoint visitors to that effect with consent of the baron and overlord of the ground. They shall set down acts against notorious and common drunkards and impose sums upon the contraveners according to their qualities and deserts. Our sovereign lord, with advice aforesaid, declares that the justices of peace shall be a full number and session to decide in matters occurring between the four quarter sessions. Also declares that no letters of caption ought to be granted against the said justices for apprehending of rebels, unless they be found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charge does belong. And because there is sensible prejudice seen and felt through many parts of the kingdom by reason of the diversity of measures and weights used in the same, therefore our sovereign lord, with advice foresaid, for removing of all abuses which may ensue in any time to come, thereby has found expedient and by this decreet and statute of parliament decrees, statutes and ordains that there shall be but one just measure and weight through all the parts of the kingdom which shall universally serve all his highness's lieges by the which they shall sell and buy and receive and give out in all times to come. Which measure his majesty, with advice foresaid, finds should be that measure of Linlithgow, which is now commonly used and which has been used most customable through the greatest part of the kingdom these 50 or 60 years past. And for settling of a perfect order whereby all the measures that are now used may be reduced to the conformity of the said measure now authorised, and for making of proportion answerable between the lesser measure and weights and the greatest, his majesty, with advice foresaid, has granted full power and commission to Sir James Wemyss of Bogie, knight, Sir George Auchinleck of Balmanno, knight, Sir James Foulis of Colinton, knight, Sir Robert Stewart of Shillinglaw, knight, Sir John Vans of Barnbarroch, knight, Sir William Grierson of Lag, knight, and to James Nisbet [of Restalrig], bailie and burgess of Edinburgh, Master Alexander Wedderburn [of Kingennie], clerk of Dundee, Sir Thomas Menzies [of Durne], provost of Aberdeen, James Hamilton [of Aikinhead], provost of Glasgow, John Osborne, burgess of Ayr, and Sir George Bruce of Carnock, burgess of Culross, whom (or any eight of them) his majesty, with advice foresaid, ordains to meet and convene together at such time and place as they shall think expedient, and to consult and advise together and to appoint and determine upon the most convenient means how the said measures and weights may be reduced to the conformity aforesaid. And after they have ripely advised therewith and given forth their determination relating thereto, they shall deliver the same and whole course of their proceedings to the commissioners and justices of peace and to the deans of guild of the head burghs of the shires, who shall be held carefully to do their diligence to see the measures foresaid now appointed to have the course through all parts, as well burgh as landward. And that there may be one constant conformity between burgh and land, our sovereign lord, with advice foresaid, ordains the said justices of peace in landward to take trial of the measures and weights used in burgh and to take note from the magistrates and deans of guild of every town of the weights and measures and of the number thereof which the said magistrates and deans of guild in burgh shall be held to show, declare and give up to them to the effect the said justices to landward may confer the same with the standard now authorised. And where they find any disconformity in the same from the said standard, the said justices shall inform the king's majesty's council thereof that they may take order therewith as appertains, for it is expressly provided by this act that the said magistrates in burgh shall not be permitted to have or use any more measures within their towns than the number to be professed by them and given up in note to the said justices to landward as said is, this always being respected that if the said magistrates within burgh find any necessity for having any more measures than was given up and used by them before, it shall be licenced to them to make more measures, they being answerable and according to the standard and making the said justices to landward foreseen and acquainted therewith and declaring the number of the measures whereof they find the necessity of use. The said justices shall be held to give command and direction to their constables to apprehend any such person who shall be found contemptuously to have disobeyed the censures of the church, they being lawfully required to do the same. The said justices of peace, as well to burgh as land, shall convene and be present at the quarter sessions of the shire where the burgh and land lies, give their oath to the bench at their admission, make their record and make payment of the fines intromitted with by them as justices of peace of that shire and to their collector. They shall appoint a sufficient collector for uplifting the fines and penalties which they have power to impose upon any offender and are to take caution of him for making due account. They shall have enduring the time of sessions for every day of their abode (so it does not exceed the number of three days at the most at one time) allowed to every one of them 40s Scots money daily to be paid and uplifted by the collector of the fines, but neither earl, lord, bishop, privy councillor or sessioner shall have any allowance, and all such justices as have the benefit of that allowance and shall be absent from every ordinary quarter sessions or otherwise when he is required lawfully by the keeper of the rolls to any particular meeting shall incur the penalty of £40 Scots money, not being lawfully excused and the excuse allowed by the rest of the justices there assembled. The lords of council and session shall direct general and summary charges of horning and poinding at the instance of the collector appointed in every county for collection of all fines and penalties whatsoever incurred upon a simple charge of 15 days, and no suspension shall be granted except upon consignation of the sums contained in the sentence and by finding caution for payment of the charges of the justices at the modification of the lords. The said commissioners at the end of every quarter session shall send to his majesty's council a catalogue of all such persons as they have either committed or otherwise put under surety, with a short abbreviate of the cause thereof, to the effect that thereupon the council, as they shall think expedient, may return to them against their next sessions or to their keeper of the rolls in the meanwhile their further directions. Regarding constables: Our sovereign lord, with the advice of his estates, finds and declares that the constables are to be made choice of by the commissioners and justices of peace in their quarter sessions throughout the whole country, two at least in every parish or more according to their discretion, having consideration of the quality thereof. In great towns likewise (not being cities nor free burghs), they are to appoint a number of constables proportional to the greatness thereof, but in all burghs regal and free cities the constables are to be chosen by the magistrates of the same, and they are to endure and to be changed from six to six months. And who shall refuse to accept the charge and not to give his oath for dutiful execution thereof shall be imprisoned and fined at the discretion of the justice of peace at their next sitting. The constables shall take the oath following: You shall swear that you shall faithfully and truly discharge your office of constabulary within the parish of etc. enduring the time appointed to you, and shall not for favour, respect or fear of any man forbear to do what becomes you of your office. And above all things, you shall regard the keeping and preserving of the king's majesty's peace and shall at every quarter sessions and meetings of justices give true and due information of any breach which has been made of his majesty's peace within the bounds of your commandment, and shall in no way hide, cover nor conceal the same nor any of the proofs and evidences which you can give for the clearing and proving thereof, so help you God. A constable may apprehend any suspect man who for the most part sleeps all the day and walks in the night and carry him to the next justice of peace to find surety for his good behaviour, or otherwise to be committed to prison. And if he be a man of quality, the justice of peace shall go with the constable and do it. Constables shall stay and arrest all vagabonds, sturdy beggars and Egyptians and carry them before the next commissioners of peace, who shall take order for their committing or punishment according to the statute of parliament. Constables shall arrest all idle persons whom they know to have no means to live upon and will not take themselves to any labour, trade or occupation and shall carry them before the commissioner of peace, who, after examination, shall either commit them or take surety of them for their appearance at the next sessions. Any constable having apprehended a person guilty and culpable of slaughter, murder, theft or any other capital crime whatsoever, shall then require his neighbours to assist for safe convoying of such persons to the next commissioner, who shall then examine the party and set down his deposition in writing to be shown at the next sessions, and thereafter shall send him back to prison. And if a nobleman, prelate or small baron, or any in their names having power, shall acclaim the right of jurisdiction to proceed against the delinquent, the said justice shall receive surety of the said party who required the defender to be delivered to him, that justice shall be duly administered, and cause delivery of the said person be made to him always. The said commissioner of peace at the next sessions shall certify the whole matter to the bench, to the effect they may inquire whether justice has accordingly been administered. And if any fault be found, to advertise his majesty's council, that order may be taken therewith. Any of his majesty's subjects of the degree of yeoman who shall refuse or delay to concur with the constable in the executing of his office shall be imprisoned and punished by the commissioners and justices. And if he be of a higher degree and quality, the constable shall inform the justice thereof, that they acquaint the lords of privy council; whom the estates ordain to censure the offender according to the quality of the fault. A constable shall arrest any person of the degree of a yeoman who shall be found wearing hackbuts, pistols and handguns and shall carry therein before a commissioner of peace who is either to take surety for their appearance the next session or commit them prisoners until they do the same. But if the person be of higher quality, the constable shall inform the justice thereof who shall inform the same to his majesty's council, that order may be taken therewith. If any party of degree of yeoman do complain to a constable that he is threatened by another, then shall the constable apprehend the threatener and carry him with the party complainant before the next commissioner of peace. And if he refuse to go, then shall they carry him to prison. And if he be of a higher degree, the justice being informed thereof, shall inform the council, and in the meantime charge the party to [keep the]† peace. All the constables (at the least one of every parish instructed with commission to answer for the rest within the said parish) shall attend at every quarter session, there to give information of all such misdemeanours as have happened in those bounds since the last session, and otherwise to give to the bench further satisfaction in any thing wherein they shall be required, and to receive from the said commissioners at the end of the session such orders and directions as they shall then enjoin and appoint them to do. Upon the appearance of any fray or stir between parties, the constable may take the assistance of his neighbours for dispersing of the parties. And if there be any harm done to the constable or any of his assistance by them who made the fray, they shall be punished by the justices at the next session, they being of the quality of yeomen; and being of a higher quality, the council shall be informed thereof as said is. When any had made an affray and then flee to a house, the constable may follow to the house and if the doors be shut, he shall take notice of the master of the house and require witnesses thereon. And albeit the delinquent shall flee farther outside the bounds of the constable's charge, yet may the constable follow and apprehend him in a fresh pursuit and crave concurrence of the country to that effect. The constables within every parish shall be executors of the precepts and warrants of the justice of peace. Concerning the fees and satisfaction to be given to the constables and clerks for their pains, our sovereign lord, with advice foresaid, ordains the said justices to give up particular notes in writing to the auditors of his majesty's exchequer of the fines collected by them, that out thereof such measure and satisfaction may be appointed and given to the said clerks and constables as may recompense their travails; wherein if it shall be found that the said fines will not be sufficient, the said lords of his highness's exchequer shall appoint such further satisfaction to them as in their discretion they shall think their labours and diligence does deserve and cause them be paid of the same. And notwithstanding of this above-written act and all the particulars foresaid contained in the same, our sovereign lord, with the advice and consent of the said estates, statutes, decrees and declares that the erection of the said commissioners and justices of peace and grant of jurisdiction and privilege to them, nor the making nor approbation of the particular articles above-written introduced in their favour, nor any thing therein contained, shall be in any sort derogatory or prejudicial to the rights, privileges or liberties granted and bestowed by his majesty or his highness's royal predecessors of before to any of his majesty's subjects of whatsoever estate or quality, from the highest to the lowest, but declares that the said rights, privileges and liberties shall remain in their own integrity, safe and entire and unhurt or prejudiced by the premise or any thing expressed in the said articles and every one of them and are held as specially reserved and excepted out of the same. And least this above-written reservation should seem altogether to destroy the power granted to the said justices, or should beget controversy between them and any other having right and liberty of jurisdiction as said is, our sovereign lord, with advice foresaid, for removing of all question which may arise between them relating thereto, declares that it shall not be lawful nor permitted to the said justices to make any citation of party before their court until the expiring of the space of 15 days after the committing of the fact for the which the committer is to be convened; at the complete expiring of the which space, if any having power and jurisdiction as said is has omitted and neglected to use and exercise the privilege and liberty of their right and power, it shall be then lawful to the said justices to make citation and to proceed against the parties according to the power and authority given to them by his highness, with advice foresaid, and according to the particular articles above-written in all points, and in no other way. Which all and sundry the premises, our sovereign lord, with advice and consent foresaid, ratifies and approves in all points in manner as the same purports and gives to them the strength and force of acts and ordinances of parliament; and ordains execution to pass upon the same as appropriate. [1617/5/23]*ACT IXRegarding the teinding of corns Forasmuch as by diverse and sundry acts of parliament made of before regarding the order and manner of teinding of corns, and specially by the eighth act of his majesty's eighteenth parliament held at Perth, upon 9 July 1606, and since then by the first act of the twenty first parliament held at Edinburgh, upon 23 October 1612, the manner and form of teinding and the time and space appointed for requisition to be made for the same is at length set down, in the which acts it is statute and ordained that all corns shall be teinded at three several times in the year if the owners thereof thinks expedient, namely: the croft infield corn at one time, the barley at another time and the outfield corn at the third time, as the said acts purports. Nevertheless our sovereign lord, for the greater benefit and ease of his majesty's lieges, finding it requisite that the former acts be altered in the points following for settling of a clear and certain order to be hereafter observed in all teinding of corns, has, with advice and consent of the estates of parliament, statute and ordained that it shall be lawful to all heritors and labourers of the ground, eight days being expired after the complete shearing of every one of the three sorts of corns above-written, to require the owner of the teind at his dwelling place within the parish, and in case of his not dwelling therein for the time, his factor and servant or other person who is ordained to be constitute and specially designed by him in manner after-mentioned upon the premonition of four days, to come and make lawful teinding of the said corns. Who failing to do the same, and neither the owner of the teind himself nor the other person appointed to be designed by him as is underwritten coming and making the said thankful teinding, being so lawfully required, our sovereign lord, with advice and consent of the said estates, declares that it shall be lawful to the said heritors and labourers of the ground to separate the stock from the teind and to convey and carry their stock away and either to stack the same within their barnyards, or to place the same in their barns, leaving the teind upon the ground, which they shall be held to preserve and keep undestroyed or eaten by beasts for the space of eight days after the expiring of the time of the said requisition. Which corns being so conveyed and stacked or placed in barns, and the teind being left on the ground and preserved as said is, our sovereign lord, with advice and consent foresaid, declares it shall be sufficient to liberate them of all danger of spoilage or wrongful intromission which may be moved against them for that in any time to come. And for more clear explanation of the premise, statutes and ordains the owner of the said teinds if he have not his dwelling within the said parish (whose dwelling there would require premonition to be made to himself at his dwelling place as said is), to design a special servant and factor for him to whom the said premonition shall be made in his absence, who shall have his remaining either in some certain house within the parish or in the next most nearest and adjacent village, whose name and particular place of residence the said owner of the teinds shall cause be publicly intimated in the parish kirk either upon the last Sunday of July or the first Sunday of August yearly in presence of the minister of the parish and parishioners, that no ignorance may be pretended thereof; which factor so designed shall be warned either personally (if he can be apprehended) or by intimation to be made to the minister of the parish and at the foresaid place to be designed for the factors remaining. Which requisition so made, our sovereign lord, with advice foresaid, declares shall be as sufficient as if the same was made to the teind master himself, likewise it is declared that in case of the teind masters not dwelling within the parish as said is (if the said designation be not made of the said factor's name and place of remaining at the time and in manner as is before ordained), it shall be then also lawful (the said eight days and four days being past) to the owners of the corns to separate the stock from the teind and to convey, stack and place their stock in their barns or barnyards as said is, leaving the teind upon the ground and preserving the same in manner before specified; which being done, they shall be likewise free of all action of spoilage or wrongful intromission which they thereby may incur. It is always provided by our sovereign lord, with advice of the said estates, that whereas by this act and statute requisition is not ordained to be made until the expiring of eight days after the complete shearing of every one of three sorts of the corns before specified, yet notwithstanding thereof, the said estates declare that albeit the tenth part of every sort of the said corns or about the tenth part be standing unshorn and uncut down, the non-shearing of that quantity shall be no cause nor impediment to stay the owner to make the requisition, neither shall the same furnish any lawful excuse to the teind master upon the pretext whereof he should refuse teinding for the rest, but declares this act to be effectual and to have the own force, albeit the tenth part or about the same remain unshorn as said is, the said heritors or labourers using the same order of requisition thereafter for teinding of the said unshorn corns the time when the same are ready. [1617/5/24]*ACT XRegarding the poor Forasmuch as there have been diverse worthy laws and statutes made by his majesty and his highness's predecessors for restraining of idle and masterful beggars, and that notwithstanding thereof, the number of the said beggars have daily increased more and more; and his majesty and estates, considering that the cause of the multiplying of the said beggars has and does proceed from this ground: that no order has been taken in bygone time with the poor children and orphans born of poor and indigent parents, who, being tolerated or neglected at their first entry to begging, do contract such a custom and habit that hardly they can be drawn thereafter to any other calling; whereas if the said children were in their tender years put to work and employed and trained up in any commendable labour, might thereafter not only relieve the country of their charges, but also prove profitable to the commonwealth; which might be easily performed if the said poor children were taken off the hands of their parents by some of his majesty's well affected subjects in particular, or by any of the incorporations and burghs within this his majesty's kingdom in common, and employed in some calling or vocation that might tend to the good of the realm. Therefore his majesty, with advice and consent of the estates, does in most earnest manner recommend to all his highness's loving subjects, requesting them as they tender the good and honour of the realm, to receive within their houses and family and to take upon their care, maintenance and education some of the said poor and indigent children, one or more, every person according to his power and faculty. Likewise his majesty, with advice foresaid, for the further security of his highness's subjects, finds and declares that it shall be lawful to his highness's subjects to take the said poor children in their power, houses and family to be educated and brought up by them either in their houses, or to be put by them to such crafts, callings and vocations, either within the country or without the same as they please, which children so received shall be obliged and bound as servants to the receivers in manner and during the time after-specified. It is always declared that the conditions of the said children which shall be so received by his majesty's lieges and the manner of their delivery to them shall be as follows: that is to say, that they be such as who shall be found and tried to be poor and indigent and to have no means for their maintenance, and that by the declaration of the provost and bailies and by the session of the kirks within burgh, or by either of them, and the sessions of the kirks in landward where the said poor children remain or are found to be for the time. And if the said poor children be within the age of 14 years, they shall be delivered to his highness's subjects by the magistrates within burgh or by the session of the kirk and parish where they remain with consent of their parents, if they have any known within the parish for the time; otherwise shall be delivered by the said magistrates and session of the kirk alone or either of them as said is. And if they be past the age of 14 years, that their own consent shall be taken thereto by the advice of the said magistrates and session of kirk, or either of them as said is, who, at the delivery of the said poor children to his highness's subjects, shall give a testimonial under their or their clerk's handwriting of the estate, quality and condition foresaid of the said poor children and of their delivery to their masters. Which testimonial of the said provost, bailies and session of the kirks bearing the said trial and delivery, his highness, with advice and consent of the estates foresaid, finds and declares shall be a sufficient warrant to the receivers for enjoying the benefit of this present statute. And to the effect his highness's subjects may be moved hereto by the expectation of commodity and advantage which they may reap by the labours and service of the said poor children, his majesty, with advice of the said estates, statutes and ordains that the said poor children received by any of his highness's subjects upon the testimonial of provost, bailies or session of kirks in manner above-specified shall be bound and astricted to their said masters, their heirs and assignees in all kind of service which shall be enjoined to them until they pass the age of 30 years complete; and that they shall be under discipline to their said masters and their foresaids and subject to their corrections and chastisements according to the merits of their offences in all manner and sort of punishment (the life and torture excepted). Likewise it is declared that whatsoever the said servants gains or earns by their travails during the said space, shall appertain properly to their said master and their foresaids. And if it shall happen the said servants to absent themselves from their said master's service without their licence, then and in that case they shall be obliged to refund to their said masters the whole damage and interest sustained by them through their absence upon the declaration of the said masters without any further probation, over and above the bodily punishment to be laid upon them at their returning by the discretion of their said masters. And if it shall happen them to be received by any other person, the said receivers shall be obliged to restore them again to their said masters within 12 hours after they be required to that effect personally or at their dwelling places in presence of a notary and two witnesses. And if they fail, they shall pay 10s after† every requisition daily until they be restored, and that without prejudice to the said masters to call and pursue for delivery of their said servants before the ordinary judge according to the law, and for the damage and injury sustained by them through the want of their said servants during the space of their absence after the said requisition. [1617/5/25]*ACT XIRegarding the queen's council Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the letter of nomination made by his highness's dearest spouse, Anne, by the grace of God, queen of Great Britain, France and Ireland, of the date 26 April last, whereby her majesty, with his highness's consent, has nominated and appointed Sir George Hay of Nether Liff, clerk register, Sir William Oliphant of Newton, knight, our sovereign lord's advocate, Sir Alexander Drummond of Midhope, knight, and Sir William Seton of Kylesmure, knight, to be four of her majesty's council in place of the other four of before deceased, and has adjoined them to the other three of her majesty's council as yet alive, namely: Alexander [Seton], earl of Dunfermline, chancellor, Thomas [Hamilton], lord Binning, secretary, and Sir Peter Young [of Seaton], almoner to his majesty, as in the said letter of nomination of the date foresaid at more length is contained. And his majesty, with advice of the estates foresaid, wills, declares and ordains that the said councillors (at the least four of them, the said lord chancellor being always one of the said four) shall have the guiding, government and administration of the estate, living and affairs appertaining to his highness's said dearest spouse within the kingdom of Scotland in the same manner and form as is set down in the act of parliament made in the month of July 1593, and under the provisions and conditions expressed in the said act of parliament which his majesty, with advice foresaid, holds as herein expressed. And when it shall happen any of the said seven councillors, one or more, to depart this life, his majesty, with advice foresaid, wills and grants that it shall be lawful to his highness to nominate and appoint others in place of the persons deceasing to the effect above-contained. Likewise his majesty, with advice aforesaid, now as if the said nomination was made and then as now, ratifies and approves the same and declares the same to be as valid and effectual as if the same was made with consent of his highness and advice of the estates foresaid. [1617/5/26]*ACT XIIRegarding prescription of heritable rights Our sovereign lord, considering the great prejudice which his majesty's lieges sustain in their lands and heritages, not only by the abstracting, corrupting and concealing of their true evidents in their minority and less age and by the omission thereof, by the injury of time, through war, plague, fire or such occasions, but also by the counterfeiting and forging of false evidents and writs and concealing of the same to such a time that all means of improving thereof is taken away, whereby his majesty's lieges are constituted in a great uncertainty of their heritable rights and diverse pleas and actions are moved against them after expiring of 30 or 40 years, which nevertheless by the civil law and by the laws of all nations are declared void and ineffectual; and his majesty, according to his fatherly care which his majesty has to ease and remove the grievances of his subjects, being willing to cut off all occasions of pleas and to put them in certainty of their heritage in all time coming, therefore his majesty, with advice and consent of the estates of parliament, by the tenor of this present act, statutes, finds and declares that whatsoever his majesty's lieges, their predecessors and authors have possessed heretofore, or shall happen to possess in time coming by themselves, their tenants and others having their rights, their lands, baronies, annualrents and other heritage by virtue of their heritable infeftments made to them by his majesty, or others their superiors and authors for the space of 40 years, continuously and together following and ensuing the date of their said infeftments, and that peaceably without any lawful interruption made to them therein during the said space of 40 years, that such persons, their heirs and successors shall never be troubled, pursued nor deprived in the heritable right and property of their said lands and heritages foresaid by his majesty or others their superiors and authors, their heirs and successors, nor by any other person pretending right to the same by virtue of prior infeftments, public or private, nor upon no other ground, reason or argument competent of law, except for falsehood, providing they be able to show and produce a charter of the said lands and others foresaid granted to them or their predecessors by their said superiors and authors preceding the entry of the said 40 years' possession, with the instrument of sasine following thereupon; or where there is no charter extant, that they show and produce instruments of sasine, one or more, continued and standing together for the said space of 40 years, either proceeding upon retours or upon precepts of clare constat, which rights his majesty, with advice and consent of the estates foresaid, finds and declares to be good, valid and sufficient rights (being invested with the said peaceable and continual possession of 40 years without any lawful interruption as said is) for possession of the heritable right of the same lands and others foresaid. And likewise his majesty, with advice foresaid, statutes and ordains that all actions competent of the law upon heritable bonds, reversions, contracts or others whatsoever, either already made or to be made after the date hereof, shall be pursued within the space of 40 years after the date of the same unless the said reversions be incorporated within the body of the infeftments used and produced by the possessor of the said lands for his title of the same, or registered in the books of the clerk register. In the which case, seeing all suspicion of falsehood ceases most justly, the actions upon the said reversions engrossed and registered ought to be perpetual. Excepting always from this present act all actions of warrandice which shall not prescribe from the date of the bond or infeftment whereupon the warrandice is sought, but only from the date of the distress which shall prescribe, it not being pursued within 40 years as said is. And likewise it is declared that in the course of the said 40 years' prescription the years of minority and less age shall in no way be accounted, but only the years during the which the parties against whom the prescription is used and objected were majors and past 21 years of age. And his majesty, being careful that no person who has any just claim be prejudiced in their actions by prescription of 40 years already run and expired before the date of this present act, has, with advice foresaid, granted full liberty and power to them to intend their said actions within the space of 13 years next following the date hereof, which shall be as effectual as if the same had been intended within the said space of 40 years prescribed by this present act; after the expiring of the which 13 years this present act shall have full force and effect after the tenor thereof in all points. And nevertheless, it is declared that the persons at whose instance the foresaid actions shall be moved and intended within the said space of 13 years shall not be compelled to insist in the said actions at the desire of their parties upon the first summons and citation thereof only, unless the said first summons be called and continued and the defenders of new summoned thereby. In the which case and no other way, it is declared that they may be compelled to insist at the instance of the party having interest. [1617/5/27]*ACT XIIIRegarding reduction of retours and summons of error Forasmuch as by act of parliament made by his majesty's most noble progenitor King James IV of worthy memory upon 13 June 1494, it was statute and ordained that all summons of error or inordinate process be pursued within the space of three years after the determination of the inquest or service, the party being of lawful age and within the realm, otherwise to prescribe, as in the said act and statute at more length is contained; and because the true meaning and intention of the said act was that our sovereign lord's lieges being upon the said inquest and service should not lie under the pain and danger of error after the space of three years and in no way to hurt or prejudice the righteous heir or nearest of kin who, by the law of God and man, was to succeed in the right of blood and succession to their predecessors and to their lands and heritages by right of blood, therefore our said sovereign lord, with advice and consent of the estates foresaid, statutes and ordains that the said act of parliament shall in no way hurt nor prejudice the nearest of kin to seek reduction of the said retours and service to be past and issued in time coming, and that within the space of 20 years immediately following the date of the said retours and services; and if the said summons of reduction be not intended, executed and pursued before the expiring of the said 20 years, that the said action of reduction of the said retour and service shall prescribe in the self and no party to be heard thereafter to pursue the same reduction; and also declares that hereafter it shall in no way be lawful to pursue the persons of inquest for wilful error unless they be pursued for that within the space of three years next after the date of the said retour and service. It is always declared that this act shall in no way be prejudicial to whatsoever persons who have acquired rights of lands and heritages before the date hereof in good faith from persons already retoured thereto in any time bygone, but the said persons who have in good faith acquired to possess their rights according to the law then standing. [1617/5/28]*ACT XIIIIRegarding executors Our sovereign lord, understanding a great number of ignorant people the time of their sickness and disease, or otherwise at the making of their testaments and letter wills, do nominate certain strangers to be their executors, meaning only to commit the care of their goods and diligent collection thereof to the said strangers, and that to the benefit of their children or other persons who are nearest of kin, whereas by the contrary the said office of executory, by the interpretation now observed, does carry with it the whole profit and commodity of the deceased's part of the goods contained in testament, which his majesty finds to be altogether against law, conscience and equity; therefore his majesty, with advice and consent of the estates of parliament, finds and declares that all executors already nominated in any testament not as yet confirmed, or to be nominated in any testament to be made hereafter, are and shall be obliged to make account, reckoning and payment of the whole goods and gear pertaining to the deceased and intromitted with by them to the wife, children and nearest of kin according to the division observed by the laws of this realm, reserving only to the said executors the third of the deceased's part, all debts being first paid and deducted, without prejudice always to the said executors of whatsoever legacies left to them by the said deceased which shall in no way be prejudiced by this present act, but the said executors shall have full right to their said legacies, albeit the same exceed the said third of the deceased's part. And in case the said legacies exceed the whole third part, the said executors shall have right to the whole legacy and no part of the third, with this express declaration: that where legacies are left to the executors, they shall not fall both the said legacies and a third by this present act, but the said legacies shall be imputed and allowed to them in part payment of their third. [1617/5/29]*ACT XVRegarding the escheat of liferent tacks Our sovereign lord, having considered that there have been diverse questions moved before the lords of his majesty's council and session touching the escheat of liferent tacks of lands and teinds fallen by the rebellion of the persons to whom the same appertains, and that it has not yet been clearly decided whether a liferent tack should fall under the gift of a simple escheat or not, for the better clearing whereof in all time coming, our sovereign lord, with advice of the estates of this present parliament, declares, statutes and ordains that liferent tacks of lands or teinds shall not fall under a simple gift of escheat but under the gift of a liferent escheat only. And further, in case any tack set of lands or teinds contains more liferents than one, and that the person to whom the said tack appertains in liferent be rebel above the space of a year and a day, whereby he loses his liferent of the said tack, it is hereby declared that the remaining life-renters contained in the said tack, or the heirs or assignees of the rebel who have right to the said tack after the said rebel's death, shall not be prejudiced by the said life-renter's rebellion, so that after his death, the said person having right to the said tacks shall possess and enjoy the same, notwithstanding the said life-renter's rebellion above the space of a year and a day; which rebellion shall prejudice himself only and no other person succeeding to him in the right of the said tack. [1617/5/30]*ACT XVIRegarding the reservation of reversions, sasines and other writs Our sovereign lord, considering the great hurt sustained by his majesty's lieges by the fraudulent dealing of parties who, having alienated their lands and received great sums of money for that, yet, by their unjust concealing of some private right formerly made by them, renders subsequent alienation done for great sums of money altogether unprofitable, which cannot be avoided unless the said private rights be made public and patent to his highness's lieges; for remedy whereof, and of the many inconveniences which may ensue thereupon, his majesty, with advice and consent of the estates of parliament, statutes and ordains that there shall be a public register in the which all reversions, regresses, bonds and writs for making of reversions or regresses, assignations thereto, discharges of the same, renunciations of wadsets and grants of redemption, and likewise all instruments of sasine, shall be registered within 60 days after the date of the same. It is always declared that it shall not be necessary to register any bonds and writs for making of reversions or regresses unless sasine pass in favour of the parties makers of the said bonds or writs, in the which case it is ordained that the same shall be registered within 60 days after the date of the sasine, the extract of the which register shall make faith in all cases except where the writs so registered are offered to be improved. And if it shall happen any of the said writs which are appointed to be registered as said is not to be duly registered within the said space of 60 days, then, and in that case, his majesty, with advice and consent foresaid, declares the same to make no faith in judgment by way of action or exception in prejudice of a third party who has acquired a perfect and lawful right to the said lands and heritages, without prejudice always to them to use the said writs against the party maker thereof, his heirs and successors. It is always declared that this present act shall in no way be extended to instruments of sasine and reversions therein contained given by provosts and bailies of free burghs royal of lands lying within their liberties and freedoms held by the said burghs in free burgage of his majesty, nor to no other heritable writs thereof, nor yet to reversions incorporated in the body of the infeftments made to the persons against whom the said reversions are used. It is also declared that if any renunciations or grants of redemption which shall happen to be consigned in process between parties shall be registered within 60 days after the dates of the decreets, whereby the same shall be ordained to be given up to the parties having right thereto, the same shall be sufficient. And to the effect the said register may presently and in all time coming be the more faithfully kept, therefore our said sovereign lord, with advice and consent foresaid, statutes and ordains the same registers and registrations foresaid to be inserted therein to appertain and belong to the present clerk register and his deputes to be appointed by him to that effect, and decrees and ordains the same registers to be annexed and incorporated with the said office, and that the clerk register present and to come have the said office as a proper part and pertinent of the clerk register's office, make and constitute particular deputes, one or more, for all the days of their lifetimes, or otherwise as he shall think expedient, of good fame, literature and conversation, for whom he shall be answerable, and who shall be resident within the towns and places after-specified at all times to receive from the parties their evidents and to register the same within the space of 48 hours next after the receipt thereof, and to engross the whole body of the writ in the register under the pain of deprivation of the clerk of his place and service and of the office of notary in all time thereafter; and within the same space shall deliver to the presenter of the same the evidents marked by him with the day, month and year of the registration and in what leaf of the book the same is registered, and shall take only for his pains 26s 8d money of this realm as for the price of each leaf of his register, containing no less than in this present act; and in case the leaf contains less, to take less accordingly and so proportionally for every page of the leaf and part of the page, and according thereto shall take for registering of every one of the said evidents; and the said registers to be filled by the said deputes, to be marked by the clerk register and his deputes to be appointed by him to that effect with a note of the particular number of the leafs that the same shall contain, and the said registers, after the filling of the same, to be reported to the said clerk register to remain with him and his deputes and be patent to all our sovereign lord's lieges and extracts thereof to be given by him and his deputes to be appointed by him during all the days of their lifetime or otherwise as he shall think expedient for that effect, to all concerned with the same, which shall make as great faith as the principals, except in case of improbation. And the said registers for the greater ease of the lieges to be established in the particular places following, that is to say: one in the town of Kirkwall in Orkney for the whole lands lying within the bounds of the sheriffdoms of Orkney and Shetland; and one in the burgh of Inverness for the whole lands lying within the sheriffdoms of Inverness and Cromarty; one in the burgh of Elgin for the whole lands lying within the bounds of the sheriffdoms of Forres and Nairn; one in the burgh of Aberdeen for the whole lands lying within the bounds of the sheriffdoms of Aberdeen, Banff and Kincardine; one in the burgh of Dundee for the whole lands lying within the bounds of the sheriffdoms of Forfar; one in the burgh of Perth for the whole lands lying within the sheriffdoms of Perth and stewartry of Strathearn (excepting the stewartry of Menteith); one in the burgh of Stirling for the whole lands lying within the bounds of the sheriffdoms of Stirling, Clackmannan and stewartry of Menteith; one in the burgh of Cupar in Fife for the whole lands lying within the bounds of the sheriffdoms of Fife and Kinross-shire; one in the burgh of Edinburgh for the whole lands lying within the bounds of the sheriffdoms of Edinburgh principal, constabulary of Haddington, Linlithgow and Bathgate; one in the burgh of Lauder for the whole lands lying within the sheriffdoms of Berwick and bailiary of Lauderdale; one in the town of Selkirk for the whole lands lying within the sheriffdoms of Roxburgh, Selkirk and Peebles; one in the town of Hamilton for the whole lands lying within the bounds of the sheriffdom of Lanark (excepting the burgh and barony of Glasgow); one in the city of Glasgow for the whole lands lying within the bounds of the sheriffdoms of Renfrew and barony of Glasgow; one in the burgh of Dumbarton for the whole lands lying within the sheriffdoms of Dunbarton, Bute, Argyll, Arran and Tarbert; one in the burgh of Ayr for the whole lands lying within the bounds of the sheriffdoms of Ayr, bailiary of Kyle, Carrick and Cunninghame; one in the burgh of Wigtown for the whole lands lying within the bounds of the sheriffdom of Wigtown; one in the burgh of Dumfries for the whole lands lying within the bounds of the sheriffdom of Dumfries, stewartries of Kirkcudbright and Annandale; or in any other place or places more convenient as the clerk register shall think most expedient, due intimation being made to the lieges of the same. And the said evidents to be registered in the particular books appointed for the lands within the bounds of each sheriffdoms, stewartry and bailiary as said is, or in the option of the party in the books of register or session kept by the said clerk register himself or his deputes to be appointed by him during all the days of their lifetime, or otherwise as he shall think expedient to that effect in Edinburgh. And our said sovereign lord, with advice and consent of the estates, decrees and declares this present act to have the force, strength and effect of a decreet and statute of parliament, which shall have force, strength and execution according to the tenor thereof in all time to come; ordaining publication to be made of the same in the appropriate form. [1617/5/31]*ACT XVIIRegarding the withdrawal of arrestments Our sovereign lord, considering the great abuse and corruption used in finding of caution to messengers for withdrawal of arrestments in times bygone, whereby his highness's lieges have been heavily prejudiced, the receiving of the said caution being committed to whatsoever messenger of arms the party pleases to choose, who, at the desire of the party for the most part, receives irresponsible cautioners and thereafter when caution is found, there is no warrant thereof given to the party arrester but only a ticket under the messenger's stamp and subscription bearing him to have loosened the arrestment and to have received such a person cautioner, which ticket is not sufficient of the law to furnish action against the said cautioners without production of the principal bonds given to the said messenger receiver of the caution; which bond, if any were taken, remains in the hands of the messenger and is either lost by negligence or absented by malice, whereby the party is altogether prejudiced of his action which he had against the cautioner who was found for loosening of the arrestment; for remedy whereof, our sovereign lord, with advice and consent of the estates of parliament, statutes and ordains that all bills and supplications for loosening of arrestments which shall be passed and delivered by the lords of council in time coming shall be passed upon caution to be found in their books, and ordains the clerk of the bills to receive the said caution before the giving out of the same for raising of letters thereupon. And if any arrestments be otherwise withdrawn, the same to be null and ineffectual. [1617/5/32]*ACT XVIIIRegarding the keeping of forests Our sovereign lord, considering that the forests within this realm in which deer are kept are altogether wasted and decayed by making clearings, pasturing of horses, mares, cattle, oxen and other livestock, cutting of wood within the bounds of the said forests, shooting and slaying of deer, venison and wildfowl with hackbuts and with dogs in forbidden time; and albeit there have been diverse and sundry lovable acts, laws and statutes made for punishing the transgressors of the same acts, yet the same have not been put into due execution in time bygone, in respect the keepers of the said forests under his majesty and others having right thereto by virtue of their infeftments had no power nor jurisdiction to punish the said transgressors; therefore our said sovereign, with advice of the estates of this parliament, wills and ordains in all time coming that the keepers of the said forests and others having right by their infeftments as said is shall have full power, privilege and jurisdiction to call, convene and pursue before them whatsoever person or persons that shall be found hereafter to transgress the said acts and statutes, sit and hold courts relating thereto, and to put them to the trial of an inquest, and being found guilty, to put the said acts into full execution in their contrary after the form and tenor thereof in all points, namely: the slayers and shooters of deer, roe deer and wildfowl, being landed men, under the pain of 500 merks, and every unlanded man being responsible, under the pain of 100 merks; and if he be not responsible, under the pain of warding and punishment of his person according to the former acts made relating thereto, and the owners and installers of the goods and livestock within the said forests and cutters of wood under the pain contained in the former acts made relating thereto and according to the provision of the same acts. [1617/5/33]*ACT XIXRegarding dovecots Our sovereign lord, with advice and consent of the estates of this present parliament, considering the great inconveniences sustained by the lieges of this realm through the frequent building of dovecots by all manner of persons in all the parts thereof, statutes, declares and ordains that hereafter no person, nor persons, shall have power, liberty or privilege to build a dovecot upon any lands within this realm, neither within burgh nor in the country, unless that person, builder of the dovecot, has lands and teinds pertaining to him extending in yearly rent to 10 chalders of victual next adjacent to the said dovecot (at the least lying within two miles to the same); and also declares that it shall in no way be lawful to the person foresaid worth in yearly rent the foresaid 10 chalders of victual to build more dovecots upon and within the bounds foresaid except one dovecot only. [1617/5/34]*ACT XXRegarding the punishment of drunkards It is statute and ordained by our sovereign lord, with advice and consent of the estates of parliament, for the restraint of the vile and detestable vice of drunkenness daily increasing to the high dishonour of God and great harm of the whole realm, that all persons lawfully convicted of drunkenness or of haunting of taverns and ale-houses after 10 o'clock at night, or any time of the day, except in time of travel or for ordinary refreshment, shall for the first fault pay £3, or in case of inability or refusal, to be put in jougs or jail for the space of 6 hours; for the second fault, to pay £5, or in case of inability or refusal, to be kept in the stocks or jail for the space of 12 hours; and for the third fault, to pay £10, or in case foresaid, to be kept in stocks or jail for the space of 24 hours; and thereafter, if they transgress, to be committed to jail until they find caution for their good behaviour in time coming. And for the better execution of this act, special power and commission is given, granted and committed to all sheriffs, stewarts, provosts and bailies, justices of peace and kirk sessions within every parish to call, convene and try the foresaid persons, penalties to uplift, and for pious and necessary uses in every parish to apply, and all and sundry other things to do and exercise which necessarily is required for execution of this act. [1617/5/35]*ACT XXIRegarding discharging of caulps Our sovereign lord and estates, understanding and considering the great hurt and damage which his majesty's lieges have sustained these many years bygone by the chiefs of clans within the highlands and isles of this kingdom by the unlawfully taking from them, their children and executors after their death under the name of caulps of their best aucht, whether it be ox, mare, horse or cow, alleging their predecessors to have been in possession thereof for maintaining and defending of them against their enemies and evil wishers of old; and not only one of the said chiefs of clans will be content to uplift his caulp, but also three or four more, every one of them will allege better right than the other, and every one of them after another will uptake the same until four or five several caulps will be taken from one person albeit never one of the said clans have right thereto, or to the lands which the persons occupies from where the caulps are uplifted. And so severe are they that every one of them after another will pull their horses and oxen out of their ploughs and harrows in the very time of their greatest business and labours, so that many of his majesty's subjects which of old were enriched with sufficient store of goods and livestock and thereby made his highness and others having right thankful payment of their mails, kanes and duties indebted by them yearly to his majesty and others having right, are now by the extortion of the said chiefs of clans and other having right to the said caulps and by unlawful raising and uplifting thereof becomes depauperate and unable to pay his majesty and others having good right their just duties. And seeing there was an act made heretofore in favour of the inhabitants of Galloway by his highness's predecessor King James IV of worthy memory in his second parliament and the 18th chapter thereof discharging the said caulps and collection thereof in all time coming thereafter under the pain of punishment as robbery, and to be a point of indictment against them in the justice ayre, therefore our said sovereign lord, with advice of the estates of this present parliament, statutes and ordains that in no time coming none of his highness's lieges presume nor take upon hand to intromit with nor uplift the said caulps within any part of this kingdom under the pain foresaid. [1617/5/36]*ACT XXIIRegarding the collection of protocols Our sovereign lord, understanding that that part of the act of parliament made in July 1587, chap. 45, entitled 'When, who and how notaries should be admitted and of their cautioners and protocols', whereby it was statute and ordained that all protocol books of notaries should be within 15 days after the death of the notary brought in to Edinburgh and delivered to the clerk register, or one of his deputes appointed by him for that effect, has not been put into due execution in time past, through which his majesty's lieges have sustained great hurt and damage in so far as a great part of the protocols are defaced and destroyed by tearing out of the leaves out of the said protocols, inserting and writing of false instruments upon the blank paper contained in the said protocols, and likewise by inserting of sheets and quires of new paper whereupon instruments are falsified by alteration of the dates of instruments contained in the said protocols and many other ways, as have been diverse times exactly tried by the lords of council and session; and that the delaying of the execution of the said act has proceeded upon an ordinance contained therein of satisfaction to be given by the clerk register or his deputes to the widow, children or executors of the said notaries for the said protocol, whereby the clerk register or his deputes would be drawn to very great and intolerable charges in regard of the great number of the said books; therefore and for remedy thereof, our sovereign lord, with advice foresaid, discharges that part of the said act of parliament regarding any other satisfaction to be given to the widow, children and executors of the notaries already deceased or that shall happen to decease (except as is hereafter expressed); and statutes and ordains that all persons, as well as widow, children, executors of whatsoever already departed or other person or persons whatsoever, possessors in their hands, custody and keeping of any protocol book of whatsoever notary already deceased, as of notaries that shall happen to decease at any time hereafter, shall, after the death of the notary, bring in the said protocols to Edinburgh and deliver the same to the clerk register or his deputes to be appointed by him for that effect under the pain of £100 to be incurred by those who shall happen to be found to contravene; and thereafter the said notaries' books to be retained and kept by the said clerk register or his deputes foresaid to be appointed by him to that effect. At the delivery and collection of which protocols, if the same shall be brought in by the said widow or children, his highness, with advice foresaid, ordains the clerk register or his depute foresaid to make a note of the names of the said widow and children of the deceased notaries, to the effect that whensoever any party shall pursue for transumpt of any instrument out of the same, he shall be astricted hereby to summon by the party having interest, the widow and children of the deceased notary, to the effect that the said widow and children may be satisfied by the party craving the transumpt of the said instrument at the modification of the lords of council and session. And his highness, with advice foresaid, declares that this act shall not be extended to the collection of the protocols of the clerks of any free burghs royal within this realm deceasing already or that shall happen to decease hereafter, but the clerks, widow and children of the said free burghs shall be held to deliver the said protocols to the provost and bailies of the said free burghs to remain in the register of the said burghs and to be made forthcoming to all parties having interest whensoever they shall crave any instrument to be transumpted out of the same at any time hereafter. [1617/5/37]*ACT XXIIIAct salvo jure cujuslibet Forasmuch as in this present session of parliament there are ratifications passed wherein diverse and new clauses are inserted, which may be prejudicial to particular parties' rights and derogative to many laws lawfully made and established of before, albeit the meaning of his highness be at this time (as it was ever in all preceding parliaments) that by no particular act any other party should be hurt or prejudiced; for remedy thereof, it is statute and ordained that no ratification passed in this present session of parliament shall be prejudicial to any private parties' rights, but that the said ratifications be always understood whether they be general or special to be saving the right of anyone. Procedure: commissions[1617/5/38]*A commission for heritable offices Our sovereign lord, continuing in that purpose and resolution bred in his royal heart in his young years for making of offices of judicatory in this kingdom as they are in all well governed states, employments for men furnished with gifts suitable to the dignity and gravity of the places whereby many abuses may be taken away, which in heritable offices of that kind cannot be avoided, the rights thereof falling often to women, to children or to men who neither can discharge the place nor make choice of sufficient deputes; and yet his majesty, remaining constant in that course of mildness and moderation so familiar to him, and being unwilling to take the said offices from the present possessors thereof who and their predecessors have possessed the same many years as their inheritance without good and competent satisfaction to be given to them by their own consent, has therefore, with advice of the estates of this present parliament, given and granted and, by virtue of this present act, gives and grants full power and commission to John [Spottiswood], archbishop of St Andrews, Andrew [Lamb], bishop of Brechin, John [Graham], earl of Montrose, Thomas [Hamilton], lord Binning, David [Murray], lord Scone, David [Carnegie], lord Carnegie [of Kinnaird], Sir George Hay [of Nether Liff], clerk register, Sir William Oliphant [of Newton], his highness's advocate, Sir Gideon Murray [of Elibank], treasurer depute, and Sir William Seton of Kylesmure, knight, or to any of them, to travail and deal with the whole heritable sheriffs, stewarts and bailies within this kingdom regarding the surrender of the said offices in his majesty's hands, and regarding a competent satisfaction in honour and other ways to be given to them for the same, and to make a faithful report to his majesty of their proceedings therein. [1617/5/39]*A commission for keeping of justice courts Our sovereign lord and estates of parliament, considering the great abuses and delays sustained by his highness's lieges in pursuit of criminal causes before the justice and his deputes in time bygone, and being most willing to redress and amend the same so that justice hereafter may be equally administered with expedition according to reason and laws of this realm, therefore our sovereign lord and estates foresaid have given and granted, likewise by the tenor hereof gives and grants full power and commission to Alexander [Seton], earl of Dunfermline, lord chancellor, John [Erskine], earl of Mar, treasurer, Thomas [Hamilton], lord Binning, secretary, Sir William Oliphant [of Newton], advocate, Sir John Cockburn [of Ormiston], justice clerk, Master Thomas Hope and Master Thomas Nicolson, advocates, (or to any five of them jointly, the said chancellor and secretary being always two of the five) to consult, conclude and put in writing all such good order, solid laws and constitutions for proceeding and doing justice to all parties in pursuit and defence before the criminal judge and his deputes in all criminal causes, whereby good and summary justice may be done and observed to all his highness's lieges without long delays and extraordinary expenses; and decrees and declares whatsoever orders of procedure, laws and constitutions the foresaid commissioners, or any five of them as said is, shall prescribe and set down to be observed in that court, the same shall stand as a perpetual law and have the strength, force and effect of an act of parliament in all time coming, likewise and in the same manner as if the same orders, constitutions and laws had been expressly advised, set down and concluded in this present parliament. Legislation: private acts[1617/5/40]*Act regarding the Clangregor Our sovereign lord and estates of this present parliament, remembering how that his sacred majesty being very justly moved with a hatred and detestation of the barbarous murders and insolencies committed by the Clangregor upon his majesty's peaceable and good subjects of the Lennox at Glenfruin in the month of February 1603, and how that the bare and simple name of MacGregor made that whole clan to presume of their power, force and strength and did encourage them without reverence of the law or fear of punishment to go forward in their iniquities; upon the consideration whereof, his majesty, with advice of the lords of secret council, made diverse acts and ordinances against them, especially one act upon 3 April 1603 whereby it was ordained that the name of MacGregor should be altogether abolished and that the whole persons of that clan should renounce their name and take them some other name, and that they nor none of their posterity should call themselves Gregor or MacGregor thereafter under the pain of death; another act of the date 26 January 1613, whereby it was ordained that none of the Clangregor who were at Glenfruin the time foresaid and who were at the fire-raisings, murders, slaughters and depredations committed upon the lairds [Sir Duncan Campbell of] Glenorchy, [Alexander Colquhoun of] Luss and Colin Campbell of Aberuchill should at no time thereafter bear nor wear any kind of armour but a pointless knife to cut their meat under the said pain of death; as also another act of the date 24 June 1613, whereby it was ordained that none of the Clangregor, nor no others who formerly were called MacGregor and have renounced their names, should convene and meet together in any part of this kingdom in greater numbers than four persons under the said pain of death; and his majesty and the said estates, acknowledging the said acts to have been made upon very good respects and considerations for the peace and quietness of the country, and therewithal considering that diverse of that clan who renounced their names and found caution for their good behaviour are departed this life, and that great numbers of their children are now rising up and approaching to the years of majority, who, if they shall take again the name of MacGregor renounced by their parents upon solemn oath, the number of that clan in few years will be as great as at any time heretofore, therefore his majesty, with advice of his said estates, ratifies, allows and approves the acts above-written of the tenor and dates foresaid in all and sundry points, clauses and articles contained therein, and, according thereto, declares, statutes and ordains that if any person or persons of the said clan who have already renounced their names, or hereafter shall renounce and change their names, or if any of their bairns and posterity shall at any time hereafter assume or take to themselves the name of Gregor or MacGregor, or if any of them shall keep trysts, conventions and meetings with any person or persons calling and avowing themselves to be MacGregors, that every such person or persons assuming and taking to themselves the said name and who shall keep the said trysts, conventions and meetings shall incur the pain of death, which pain shall be executed upon them without favour; for which purpose, his majesty, with advice of his said estates, ordains and commands the sheriffs, stewarts, bailies of regalities, justices of peace and their deputes within their several bounds where any of the persons contravening this present act haunts and remains to take and apprehend them and commit them to sure ward, therein to remain upon their own expenses until order and direction be given for their punishment as appropriate. [1617/5/41]*Act in favour of the Archbishop of St Andrews Our sovereign lord and estates of this present parliament, considering that for maintenance and subsistence of the persons continually attending upon the keeping of the castle of Edinburgh by other money and victual assigned for that effect out of other parts, there was likewise certain victual assigned out of the archbishopric of St Andrews, namely: the whole third of the wheat of the said archbishopric, extending to seven chalders, two bolls, three firlots, one peck; and out of the third of barley of the said archbishopric, eight chalders, five bolls, a third part of a peck of barley; and the third of the meal of the said archbishopric of St Andrews, extending to four bolls meal; and the third of the peas and beans of the said archbishopric, one boll, a third part of a boll, as the ninth act of our sovereign lord's parliament made relating thereto in the year of God 1584 at more length purports. And his majesty, willing that the said archbishopric be freed and exonerated of the burden of payment of the foresaid victual in time coming in regard the smallness of the victual rent of the said archbishopric, therefore our sovereign lord, with advice of the estates foresaid, makes void and annuls the foresaid act of parliament so far as concerns the assignation foresaid of the victual foresaid out of the said archbishopric of St Andrews; and decrees and declares the same to be null and of no value, force nor effect in time coming; and ordains the same victual to be uplifted by the archbishop present and his successors in all time hereafter for supplying of the necessary charges requisite in the attendants upon his highness's service and in awaiting upon the affairs of the kirk of this realm. [1617/5/42]*Act for a new assignation to the castle of Edinburgh out of his majesty's property Our sovereign lord and estates of this present parliament, considering that in the parliament held by his highness and estates thereof upon 22 August, the year of God 1584, it was statute and ordained that the money and victual assigned and given of before for keeping of the castle of Edinburgh should remain and abide with the captains and keepers thereof for sustaining of the charges of their offices, and namely the money and victual specially assigned and mentioned in the said act, as the same in the self more fully purports; and our said sovereign lord and estates, considering that by the said act there was specially assigned to the said castle and keepers thereof out of the third of the archbishopric of St Andrews, seven chalders, two bolls, three firlots, one peck wheat, eight chalders, five bolls, a third part of a peck barley, four bolls meal and one boll, a third part of a boll peas and beans, which now by act of this present parliament is discharged in favour of John [Spottiswood], now archbishop of St Andrews and his successors, therefore, and in satisfaction thereof, our said sovereign lord and estates of this present parliament have assigned and conveyed and by this act assign and convey to the said castle of Edinburgh, captains and keepers thereof and their successors, all and whole seven chalders, five bolls, one firlot wheat thereof out of Ardett; three chalders, four bolls out of Dron; two chalders, seven bolls, three firlots and out of Easter Fernie; one chalder, nine bolls, two firlots, eight chalders, eight bolls barley thereof out of the foresaid lands of Ardett; four chalder, four bolls out of the foresaid lands of Dron; three chalders, two bolls, one firlot and out of the foresaid lands of Easter Fernie; one chalder, one boll, three firlots to be uplifted and received yearly out of the readiest of the ferms and duties of the foresaid lands of Ardett, Dron and Easter Fernie, which are a part of his majesty's property in Fife, by the captains and keepers of the said castle of Edinburgh in time coming, and that in place of the said victual assigned thereto of before out of the said archbishopric of St Andrews. Which particular victual designed to be paid as is above-mentioned, his majesty and estates foresaid have dissolved and by the tenor hereof dissolve from the crown and from all laws and acts made relating thereto to the effect foresaid and in no other way; and ordain, if need be, a special gift and assignation to be made thereupon in the appropriate form. Likewise the said John, now archbishop of St Andrews, having by his majesty by his highness's letters under the privy seal of the date the [...] day of [...] years, giving, granting and conveying to him a yearly pension of certain victual yearly to be uplifted and taken out of his highness's property; and that in recompense and satisfaction of the foresaid act in August 1584, assignation and disposition of the foresaid victual yearly to be uplifted out of the thirds of the said archbishopric of St Andrews for maintenance of the said castle therein contained, which is by another act of this present parliament declared null and of no value, force nor effect in time coming, and the foresaid victual therein expressed, which of before by virtue thereof pertained to the said castle, ordained by the same act to be uplifted by the said John, archbishop of St Andrews and his successors in all time hereafter; and that in like manner in recompense and satisfaction of the foresaid yearly pension of victual conveyed by his majesty by his highness's letters under the privy seal above-mentioned yearly to be uplifted out of his highness's property as said is; and that for a valid and sufficient renunciation to be made by him of the same pension; and therefore, and for the assignation and disposition above-mentioned granted by this present act in favour and maintenance of the said castle and service thereof, the said archbishop, being personally present in presence of his majesty and estates foresaid, judicially renounced, gave up and discharged and by the tenor hereof renounces, gives up and simply and forever discharges the foresaid yearly pension made and granted by his majesty by his highness's letters under the privy seal of the date above-mentioned and whole victual therein contained yearly to have been uplifted out of his highness's property as said is, to the effect his majesty's comptrollers present and to come, their deputes and chamberlains and under-receivers may uplift the same and intromit therewith to his highness's use in all time coming at their pleasure. [1617/5/43]*Annexation of Ferne to the bishopric of Ross Our sovereign lord, having consideration that the rent and patrimony of the bishopric of Ross is so exhausted and dilapidated by feus, tacks, assedations and pensions in such manner that the same is scarcely able to maintain the estate of one private minister, much less to sustain the necessary and honourable burdens to which a bishop is subject by virtue of his calling; and therewith calling to mind how that his majesty, in supplement thereof in some measure, gave and conveyed to the late Master David Lindsay, then bishop of Ross and his successors the abbacy and monastery of Ferne with all and sundry lands, lordships and others pertaining thereto; and to that effect dissolved the same from the crown to which they were annexed by virtue of the act of annexation of the kirklands to the crown made in the year of God 1587; which dissolution of the said abbacy from the crown and annexation and union made thereof to the said bishopric of Ross and whole patrimony of the same, his majesty, with advice and consent of the estates of parliament held at Edinburgh, 24 June the year of God 1609, ratified, approved and confirmed in the whole heads, articles and clauses thereof; and now seeing his majesty is of mind and intention that the said annexation and union may formerly proceed and take full force, strength and effect in all time coming, therefore his majesty, with advice and consent of the estates of parliament presently convened, of mature deliberation, dissolves from the crown all and whole the said abbacy of Ferne with all and sundry lands, lordships, woods, mills, multures, fishings, as well as superiority as property thereof pertaining thereto, advocation, donation and right of patronage of kirks, chaplainries and alterages belonging to the same, and with all and sundry feu ferms, fruits, rents, kanes, customs and other duties of the said abbacy of Ferne wheresoever they lie; and to that effect, retreats, makes void, annuls and abrogates the said act of annexation of the temporality of benefices to the crown made in the year of God 1587 in so far as the same may be extended or comprehend the said abbacy of Ferne, fruits, rents, mails and duties or any part thereof, with all other acts of parliament made in prejudice of this present dissolution of the said abbacy and annexation and union thereof to the said bishopric of Ross, with all that has followed or may follow thereupon; likewise his majesty, with consent foresaid, of new unites, annexes and incorporates all and whole the said abbacy and monastery of Ferne, house and precinct thereof, with all and sundry lands, lordships, woods, mills, multures, fishings, as well as superiority as property, teinds, teind sheaves (if any be) belonging thereto, advocation, donation and right of patronage of kirks, chaplainries, prebendaries and alterages belonging to the same, with all and sundry feu ferms, annualrents, anniversaries, fruits, rents, kanes, customs and other duties whatsoever pertaining or belonging or which at any time bygone pertained or belonged to the said abbacy of Ferne wheresoever the same lie; and wills and declares that the said abbacy and monastery of Ferne, name and memory thereof, shall be utterly extinguished in all time coming and be united and incorporated in and with the said bishopric of Ross in such sort and manner as the same may remain a proper part of the patrimony thereof in a similar manner as the rest of the patrimony of the said bishopric except any other special denomination whereby the same may be separated from the rest of the said bishopric, to the effect that the reverend father in God, Patrick [Lindsay], now bishop of Ross and his successors may freely, quietly and peaceably enjoy and possess the said abbacy with the whole fruits and rents thereof and others above-specified as now being a proper part of the said bishopric of Ross, and that as freely as if the said abbacy of Ferne had been of old a proper part of the patrimony of the said bishopric of Ross, so that under the name and disposition of the bishopric of Ross to be made by his majesty in any time coming shall be comprehended the said abbacy of Ferne, whole fruits, rents and commodities thereof as if the same had been a proper part of the patrimony of the said bishopric of Ross in all time bygone. Likewise his majesty, with consent foresaid, of new ratifies and approves the said gift and disposition made to the said late Master David Lindsay, bishop of Ross and his successors of the said abbacy of Ferne, together with the gift and disposition of the said bishopric of Ross and abbacy of Ferne annexed thereto, granted to the said Patrick, now bishop of Ross under the great seal of the date at Whitehall, 6 November, the year of God 1616, in the whole heads, articles and clauses thereof; and statutes and ordains the same to be a good and valid right to the Bishop of Ross present and his successors for possession of the said abbacy as a proper part of their patrimony in all time coming; and, if need be, ordains a new gift and disposition to be made thereof to the said Patrick, now bishop of Ross, for him and his successors in most ample forms with all clauses needful, and declares that this act of dissolution of the said abbacy and monastery of Ferne and unions thereof to the said bishopric of Ross, or any provision ratified hereby, or to be given of new to the said Patrick, now bishop of Ross of the premise by virtue of this act, shall not comprehend nor be extended to any privilege of regality, unless the same has had regality of old; in the which case, his majesty declares that if there was a regality in Ferne of old, the bishop and his successors shall possess the same hereafter and in no other way; and likewise this act shall not prejudice any party's rights lawfully made according to the laws of the country then standing. [1617/5/44]*Annexation of Crossraguel and Monymusk to the bishopric of Dunblane Our sovereign lord, having consideration of the means of the estate of the bishopric of Dunblane and perfectly understanding the rents thereof to be of so small value that they are altogether unable in any measure to furnish the necessaries to the private family of a bishop, much less to bear his charges in parliament and councils and other ecclesiastical conventions, which, by virtue of his calling, he must of all necessity undergo; and seeing the only help and succour thereof properly appertains to his majesty who of his wonted clemency has restored the estate of the bishoprics to their former integrity and helped such other of them as were meanly provided, therefore his majesty, with advice and consent of the estates of this parliament and of a reverend father in God John [Spottiswood], archbishop of St Andrews, Adam [Bellenden], bishop of Dunblane and prior of Monymusk, and Master Peter Hewitt, abbot of Crossraguel, being careful to help the estate of the said bishopric of Dunblane, has united, annexed and incorporated in and to the said bishopric of Dunblane and patrimony thereof all and whole the abbacy of Crossraguel, as likewise all and whole the priory of Monymusk, as well as temporality as spirituality of the said benefices, with all lands, kirks, teinds, teind sheaves, fishings, annualrents, profits, commodities or other casualties whatsoever, as well as not expressed as expressed, pertaining or belonging or which in any time bygone pertained or belonged to the said abbacy or priory or any of them in any manner of way. And to this effect, his majesty, with advice and consent foresaid, has dissolved and by the tenor of this act dissolves from his highness's crown all and whole the temporality of the said abbacy of Crossraguel and priory of Monymusk with all annualrents, casualties and profits following the said temporality and annexed to his highness's crown by virtue of the act of annexation of the kirklands to the crown, and by the tenor hereof retreats, rescinds, makes void, abrogates and annuls the foresaid act of annexation of the temporality of benefices to the crown made in the year of God 1587 in so far as the same may in any way be extended to the temporality of the said abbacy of Crossraguel and priory of Monymusk, or any part thereof, or any other acts of parliament made to that effect with all that has followed or may follow thereupon. As likewise his majesty, with advice foresaid, has suppressed and by the tenor of this present act suppresses the dignity and title of the said abbacy of Crossraguel and priory of Monymusk so that the same shall remain extinct for ever; and declares and ordains the said benefices of Crossraguel and Monymusk, as well as spirituality as temporality thereof, whole fruits, rents, teinds, teind sheaves, fishings, other profits, emoluments and casualties whatsoever, to be united, annexed and incorporated in and to the said bishopric of Dunblane, and to be a proper part of the patrimony and living thereof as if the same had been mortified to the said bishopric at the first foundation thereof. And further, his majesty, with advice foresaid, declares, decrees and ordains that the said Adam, now present bishop of Dunblane, by the strength and force of this present act, shall have as good and sufficient right, title and interest to the whole fruits, rents, profits, casualties and other emoluments whatsoever pertaining to the said benefices now united and incorporated to the said bishopric by the tenor of this act as if the same had been a proper part of the patrimony thereof at the time of his provision to the said bishopric of Dunblane, so that the same shall be peaceably possessed and enjoyed by the said reverend father and his successors bishops of Dunblane for now and ever, the said reverend father always and his successors bishops of Dunblane maintaining the ministry serving the cure at the kirks of the said benefices upon the readiest of the fruits of the same kirks according to the ordinary assignations made or reasonably to be made relating thereto. Reserving always the liferents of the present titulars of the said benefices; and also reserving to [John Kennedy], earl of Cassilis and to all others having rights to the lands and teinds of the abbacy of Crossraguel all their lawful rights and tacks of lands and teinds belonging thereto lawfully made and set to them at any time bygone; and likewise reserving to the laird of Monymusk the superiority of the manse of Monymusk now held by him of our sovereign lord, to the effect he, his heirs and successors may hold the same of his highness in all time coming and to pay to the Bishop of Dunblane and his successors the feu duties contained in his feu infeftment of the said manse of Monymusk, notwithstanding that he holds the same lands of his highness, the which payment of the said feu duty yearly in time coming to the said Bishop of Dunblane and his successors shall be as sufficient an exoneration to the said laird of Monymusk, his heirs and successors as if he and his foresaids had paid the same to our sovereign lord. And likewise reserving to all other persons who have acquired feus, tacks or other titles whatsoever of the said priory of Monymusk at any time bygone all their lawful rights lawfully made and set to them at any time bygone of the lands and teinds of the said priory of Monymusk. And also reserving to the ministers at the kirks of the said abbacy of Crossraguel and priory of Monymusk present and to come their rights and stipends notwithstanding this act. And lastly reserving to Master Peter Hewitt, present abbot of Crossraguel, his own liferent thereof with the whole rents, honours, immunities, privileges and dignities belonging to the said abbacy to be possessed by him during his lifetime according to his provision. [1617/5/45]*Annexation of Iona and Ardchattan to the bishopric of the Isles Our sovereign lord and estates of this present parliament ratify and approve the gift and provision under the great seal granted by his majesty to and in favour of the reverend father in God Andrew [Knox], bishop of the Isles, of the date at Blandford, 11 August, the year of God 1615, of all and whole the bishopric of the Isles and of the priory of Ardchattan and of the abbacy of Iona united, annexed and incorporated to and with the said bishopric of the Isles, appointed to remain and abide thereat inseparably for ever as a part of the patrimony and property of the said bishopric in all and sundry heads, clauses, articles and conditions specified and expressed in the said gift, holding the same as for expressed herein and to be as good and effectual as if the said gift were at length inserted in this present act. Likewise our said sovereign lord and estates foresaid declare and ordain the foresaid gift and provision to have been and to be a good, perfect and effectual security to the said Andrew, bishop of the Isles and his successors for possessing, enjoying and using of the fruits and rents of the said bishopric, priory and abbacy above-written, temporality and spirituality of the same; and for that effect, have dissolved and dissolve the act of annexation of all kirklands to the crown and all other acts of annexation in so far as the same may be extended to the said bishopric of the Isles, priory of Ardchattan and abbacy of Iona, and to all and whatsoever lands, baronies, kirks, teinds, ferms, rents, casualties and duties pertaining and belonging thereto; and have united and unite and annex the same to the said bishopric of the Isles to remain and abide thereat as a part of the patrimony and property thereof in all time coming, according to the foresaid gift and provision granted to the said Andrew, bishop of the Isles thereupon. And further our said sovereign lord and estates foresaid declare that the said abbacy of Iona and priory of Ardchattan have been past all memory of man proper parts and pertinents of the said bishopric as united and annexed thereto, without prejudice always of all and whatsoever persons' infeftments, tacks, rights and other securities lawfully made to them according to the laws of this realm then standing, and specially of any privilege belonging and due to the bishopric of Dunkeld out of the said priory of Ardchattan and abbacy of Iona, which his highness and estates foresaid find and declare shall not be comprehended under this act. [1617/5/46]*Act regarding the chapter of the Bishop of the Isles Our sovereign lord, understanding that the whole foundation and ancient evidents and records of the bishopric of the Isles have been this long time bygone obscured and suppressed that no memory remains what or how many dignities were in that see and who were the members of that chapter, and his highness being most willing to restore the said see and bishopric of the Isles to the ancient integrity and to provide and establish the same with all members necessary, therefore his majesty, with advice and consent of his highness's estates of this present parliament, statutes and ordains that in all time coming the parson of Sorbie in Terie, who is also vicar of Iona, shall be dean; the parson of Rothesay shall be subdean; the parson of Kilmory in Arran a prebendar; the parson of Cumbrae a prebendar; the parson of Killenew in Islay a prebendar; and the parson of Killean in Torosay in Mull a prebendar; and they all to be convent, council and chapter of the said bishopric in all time coming. And after the death or removing of any one or more of them from their place, the entrant succeeding to the said charge or place to succeed also in that room of the chapter or convent to the effect they may concur with the present bishop of the said bishopric and his successors for doing of all such things as are requisite for the glory of God, the benefit of the kirk within these bounds and his majesty's honourable obedience. [1617/5/47]*Regarding the erection of the kirk of Ballantrae Our sovereign lord and estates of this present parliament, having consideration that of long time bygone and almost ever since the reformation of religion the parish kirk of Innertig in Carrick has been altogether ruinous and decayed, so that now there is scarce a monument to be seen where the same was founded; and that of late the Laird of Bargany upon a very religious and great zeal and affection, upon his large and sumptuous charges and expenses, has caused build and edify a kirk within the town of Ballantrae, now erected in a burgh of barony lying most adjacent and next to the said parish called Kirkcudbright-Innertig, to which the parishioners thereof and the tenants, indwellers upon the ten pound land of Ardstinchar, also pertaining heritably to the said Laird of Bargany, have resorted and repaired these diverse years bygone for hearing of the word and use of the sacraments; likewise there is a manse and glebe voluntarily designed to the minister serving the cure at the said kirk of Ballantrae out of the said Laird of Bargany's own proper lands and heritage, without any constraint, whereof the said minister is in actual and present possession, likewise he has been these sundry years bygone; therefore our sovereign lord and estates foresaid ratify and approve the dedication and erection of the said kirk of Ballantrae and of the manse and glebe thereof foresaid, and statute and ordain the same to be the only parish kirk of the said parish of Kirkcudbright-Innertig and of the ten pound land of Ardstinchar, to which the whole parishioners and inhabitants thereof shall repair in time coming for hearing of the word and use of the sacraments, without prejudice always to the abbot of Crossraguel and his successors and all others having interest of their rights and titles of the teinds of the said parish of Innertig of the said ten pound land of Ardstinchar; to which this present act shall make no derogation. [1617/5/48]*Union of the kirks of Kilbride and Renfrew to the college of Glasgow Our sovereign lord, being most careful of the upholding and maintenance of universities, colleges and schools, which are the very true seminary of all literature and sciences, in the which the youth is trained up that they be the more able to serve his majesty in such places and functions of the commonwealth as they shall happen to be called to, and having consideration of the small provision and means of the rents of the college of Glasgow, which are not sufficient to maintain the ordinary members of the said college and to repair the building and fabric thereof, which will shortly come to ruin and decay unless the same be timeously helped; therefore his majesty, with advice and consent of the three estates of this present parliament, annexes, unites and incorporates in and to the said college of Glasgow, rents and patrimony thereof, all and whole the kirk of Kilbride, parsonage and vicarage thereof, called of old the chantry of Glasgow, together with the kirk of Renfrew, parsonage and vicarage thereof, both lying within the diocese of Glasgow, with the whole mails, ferms, teinds, teind sheaves, small teinds, fruits, rents, profits, emoluments and duties whatsoever pertaining or belonging to the said kirks, to the effect that the same may remain with the college of Glasgow, professors and members thereof, as a proper part of the patrimony of the same. Likewise his majesty, with consent foresaid, gives, grants and, for his majesty and his successors, freely conveys to the said college of Glasgow, professors and members thereof, all and whole the said kirks, fruits and rents of the same, both parsonage and vicarage thereof, to remain with the said college, professors and members of the same and to be freely possessed, enjoyed and intromitted with by them as a proper part of their patrimony in all time coming. Likewise his majesty, for the better corroboration of this present incorporation of the said kirks to the said college, statutes, wills and declares that the same shall have full strength, force and effect, notwithstanding of whatsoever acts of parliament made at any time before which may appear to derogate to the same, and in special without prejudice of the generality foresaid notwithstanding of the act of his majesty's parliament held at Edinburgh, 21 July 1593, by the which all dispositions of kirks or patronages thereof made without consent of the present titular are declared to be null; which act, in so far as the same may be derogative to this present union and incorporation of the said kirks to the said college of Glasgow, his majesty rescinds in that part and declares that this present incorporation of the said two kirks to the said college of Glasgow shall be excepted therefrom. And for the better preservation of the rents of the said kirks to the said college, his majesty wills and declares that it shall not be permissible to the principal, regents, bursars or other members of the said college whatsoever to dilapidated the rents of the said kirks in whole or in part, directly or indirectly, by giving of feus, setting of tacks, assedations, rentals or factories thereof, or any part of the same, but that the fruits and rents of the said kirks be for once brought to a sufficient rental of rentalled bolls of victual for the maintenance of the members of the said college; which being for once so rentalled, it shall not be lawful to the said principal, regents and members of the said college to dilapidate, set in tack, convert or in any manner of way diminish or put away the said rentalled bolls or any part thereof in any time hereafter; and if they do in the contrary, his majesty wills and declares the said tacks, assedations, factories, rentals and other deeds whatsoever by the which the said rental shall be diminished to be null and of no value, force nor effect, as well as by way of action as exception. And because the said two kirks and benefices were of old members of the chapter of the cathedral seat of Glasgow† and benefices of cure, to the end therefore that neither the said places of the chapter be extinguished, nor the cure of souls neglected, his majesty wills and ordains that the said principal regents and other members of the said college of Glasgow shall content, pay and assign yearly and each year to every one of the two ministers serving the cure at the said two kirks 12 chalders of victual yearly to be uplifted out of the fruits of their own kirks, who shall serve the cure at the said kirks and supply the place of the said beneficed persons in the chapter, the one of them to be styled and called the chanter of Glasgow, and the other the parson of Renfrew, who shall be presented to the said benefices and stipends foresaid only by the Archbishop of Glasgow for the time as their patrons of the said benefices and kirks. And, if need be, that a new gift of union and incorporation be made of the said two kirks to the said college to be extended in due form with all clauses needful, without prejudice of the present titulars of the said two kirks of Renfrew and Kilbride, their liferents of the whole fruits of the said two benefices, and that the ministers that shall hereafter be presented to each one of the said benefices shall have each one of them 12 chalders of victual for each one of their stipends and with special provision that the tacks lawfully already set shall stand in the own strength, force and effect notwithstanding of this act; and also without prejudice of the tack set by Master David Sharp, present parson of Kilbride, to James Hamilton of Peill, his heirs and assignees therein contained, which is set without the consent of the bishop and chapter; and ordains the Bishop of Glasgow to consent to the said tack of his own consent, being present; and ordains also the rest of the chapter to consent to the said tack to the effect the said James Hamilton may possess the same who was the old kindly possessor of a part of the said teinds of Kilbride, and that for the whole years contained in the same, namely: for 22 years after his entry thereto, which was and began at Candlemas [2 February] last and which tack is of the date 24 March 1617. [1617/5/49]*Act for changing of the kirk of Strageath Our sovereign lord and estates of this present parliament, understanding that the kirk of the parish of Strageath was of old situated and built upon the neuk and utmost part of the said parish of Strageath, and the parishioners thereof finding the same in no way to be fit to be the parish kirk of the said parish in respect of the wideness and great bounds of the said parish, they therefore by the space of 24 years or thereby built and founded within the town of Blackford, which lies and is within the midst of the said parish, a new kirk for the great ease of the parishioners of the said parish for resorting thereto to hear the word of God and receive the benefits of the kirk; which kirk so built by them within the said town of Blackford has continually since the building and founding thereof been the parish kirk of the said parish, and the whole parishioners of the said parish of Strageath have continually since then received the benefit of the kirk thereat; therefore our said sovereign and estates of this present parliament ratify and approve the foresaid transportation of the said parish kirk of Strageath to the said town of Blackford; and decree and ordain the same kirk now built within the said town of Blackford to be the principal kirk of the said parish of Strageath in all time coming; and ordain the whole parishioners thereof to resort thereto and receive the benefit of the kirk thereat. [1617/5/50]*For changing of the kirk of Lauder Forasmuch as our sovereign lord and three estates of this present parliament, considering not only the small quantity and bounds of the kirk of Lauder, which is not able to contain the third part of the parishioners thereof, but also the ruin and decay of the said kirk and the far distance thereof from the burgh of Lauder and from the most part of the parishioners thereof, so that the same is neither able to contain the whole parishioners thereof, nor yet can the said parishioners in the winter season conveniently come and repair to the said kirk for the far distance of place, therefore statute and ordain the parishioners of the said kirk of Lauder to remove the said kirk from that place where it stands presently, and to situate and build the same in more large form and bounds within the said burgh of Lauder for the better containing of the parishioners thereof; and that they may the more conveniently come and resort thereto in time coming. [1617/5/51]*Procedure: commissionA commission regarding barking of hides The which day compeared personally in presence of his majesty and estates foresaid Alexander Crawford, John Clelland and Matthew Crawford, shoemakers, for themselves and in name and on behalf of the remaining shoemakers and handlers after-mentioned, and presented the supplication underwritten humbly desiring that the same might be read, whereof the tenor follows: We, the shoemakers and handlers not only of a great part of the leather made within this kingdom, but likewise of importers of the same from foreign parts, dwelling in Edinburgh, having now after long proof and trial considered the great abuse offered heretofore by the tanners of leather within this country, and that more to the great hurt of the lieges in general as to us of our trades in particular, as will appear to your honours, which grows by drawing their leather out of the tanning pots before the half time expires that should bring the strength of the bark to the full perfection and carrying it away wet, raw, stinking and undressed to the market for present sale; and being bought after this manner, no man is able to determine the sufficient tanning thereof, far less to make any good work either in show or substance of the same as the evil wearing thereof witnesses to the best and greatest sort of the lieges within this realm, spending by this their often returning of leather not only 10 times more bark yearly than is requisite, but likewise by this their unnecessary abuse has exhausted the greatest part of the woods within this kingdom, forcing us ever that are poor tradesmen to bring our leather for the most part from London, where it is often seized upon to our utter undoing, having transgressed those statutes prohibiting transportation thereof. Our humble suit therefore is according to the lovable order observed not only in the rest of his majesty's dominions, but in all countries whatsoever, that all tanners of leather within this realm may be enjoined to let their leather lie in the tanning pots to the full time that it receive the strength of the bark, and thereafter to bring it sufficiently dried to the market according to the custom of all other parts whatsoever as said is, so shall the sufficiency of tanning not only be easily determined, the rawness, filthy and stinking handling thereof avoided, the woods, being one of the ornaments of the country, preserved, our poor trade by finding and buying our own leather at home (which heretofore has undone us) enlarged, but with this the most of all the lieges in general, both for the more cheap and profitable wear, better furnished for having our own hides after this order tanned and handled, we shall not only be enabled to make a great deal more cheaper and better work thereof, but likewise shall be found to prove more profitable for wearing. And albeit this art of tanning is in itself in other countries a free trade, ever admitting apprentices for the space of diverse years, otherwise not permitted, but here, by the contrary, every man that pleases makes it his trade, which has been the mother of this continual corruption. Yet we are not desirous of the restraint of any man unless it seem good to your honours, only we humbly crave that our leather should receive by them the own full strength of bark and perfection of lying and drying as said is. And for the better observing of this statute, we humbly entreat that your honours would be pleased to cause make an act hereupon to recommend the setting down of a certain order for trial of the sufficiency of tanning and drying of leather and making the same sufficient wear to the right honourable privy council, and that they cause put the same into due execution, without which we shall never be able neither to serve the country with sufficient gear nor free ourselves of the daily harm received of our neighbouring country for transportation as said is. After the reading and considering of the which supplication, his majesty and estates foresaid gave and granted and by the tenor hereof give and grant full power and commission to the lords of his majesty's privy council to sit thereupon and take such order therewith as they shall think most fit and expedient. Legislation: private acts[1617/5/52]*Ratification in favour of [Ludovic Stewart], duke of Lennox Our sovereign lord and estates of this present parliament, perfectly understanding that his highness's dearest cousin Ludovic, duke of Lennox etc., being lawfully provided to the abbacy and priory of St Andrews, whole kirks and teinds of the same, made, sealed and subscribed a procuratory, with advice of the convent of the said priory for the time, for demitting of the same priory of St Andrews with the monastery place and precinct thereof, together with the whole kirks and teinds, both parsonage and vicarage belonging thereto, to the effect his majesty might dispose thereupon at his gracious pleasure; according to the which procuratory, demission was made thereof in his majesty's hands, as an instrument taken thereupon of the date the [...] day of [...], the year of God 16[...] at more length purports. Likewise, by a special act of parliament made in the month of [...], the year of God 16[...], his majesty and estates of parliament not only dissolved the whole temporal lands of the said priory of St Andrews from his highness's crown, but also dissolved the monastery place and precinct of St Andrews, with the whole kirks and teinds of the same priory, from the benefice thereof, and suppressed and extinguished the name and memory of the said benefice to the effect the same might be given by his majesty to the said lord duke of Lennox, his male heirs and successors mentioned therein, to be held of his majesty in manner contained in the said act; likewise, according thereto, his majesty, by his highness's infeftment under the great seal of the date 11 April, the year of God 1611, gave, granted and conveyed to his highness's said dearest cousin Ludovic, duke of Lennox and his male heirs mentioned therein, the whole lands and kirks, both temporality and spirituality, pertaining and belonging to the said abbacy and priory of St Andrews, whereupon he was seised therein, as the sasine granted to him of the same of the date 16 April, the year of God 1613, at more length bears. And because that since the passing of the said infeftment the procuratory of demission of the said benefice is lost, therefore the said lord duke has of new, with consent of the convent of the said priory, demitted the monastery place and precinct of St Andrews, together with the whole kirks and teinds, both parsonage and vicarage, pertaining and belonging thereto in his majesty's hands, to the effect his highness may of new dispose thereupon at his gracious pleasure, as the procuratory of demission of the date the [...] day of [...], the year of God 16[...], and instrument of demission following thereupon of date 19 June, the year of God 1617, at more length bears. Therefore his majesty and estates of this present parliament have ratified and approved and by this act ratify and approve the foresaid first procuratory of demission with the instrument following thereupon, together with the said former act of dissolution made according thereto with the foresaid great infeftment granted by his majesty in favour of the said Ludovic, duke of Lennox and his male heirs specified therein, of the foresaid lordship of St Andrews, both spirituality and temporality thereof, according to the said act of dissolution, with the instrument of sasine following thereupon, which are of the dates respectively above-rehearsed, in all and sundry the heads, points, clauses, articles, privileges, prerogatives, circumstances and liberties whatsoever specified and contained therein, and in every one of the same after the forms and tenors thereof in all points; ordaining this general ratification to be as effectual and sufficient to his highness's said dearest cousin, his male heirs and assignees specified in the said infeftment as if the foresaid former procuratory and instrument of demission, act of dissolution, great infeftment and instrument of sasine above-specified following thereupon were word by word inserted herein and ratified hereby in particular. In addition, his majesty and estates, for further security and confirmation of the said erection to his highness's said dearest cousin Ludovic, duke of Lennox, his male heirs and successors specified in the foresaid infeftment granted to him thereupon, and to all others having right from him of any of the kirks of the said benefice and without prejudice or derogation thereto, have of new dissolved and by this present act dissolve all and whole the foresaid monastery place and precinct of St Andrews, together with the whole kirks and teinds, both parsonage and vicarage, pertaining and belonging thereto, from the benefice of the same; and have suppressed and extinguished and by this act suppress and extinguish the name and memory of the said benefice in all time coming, to the effect his majesty may of new erect and convey the same to his highness's said dearest cousin Ludovic, duke of Lennox and such male heirs as he pleases design in the same form and manner as the same was conveyed of before, to be held and for payment of the duties contained in the said former infeftment of the date above-mentioned. [1617/5/53]*Ratification in favour of [Alexander Seton], earl of Dunfermline, lord chancellor Our sovereign lord and estates of this present parliament ratify and approve the infeftment granted by his majesty, with consent of his highness's commissioners, to his majesty's right trusty cousin and councillor Alexander, earl of Dunfermline, lord Fyvie and Urquhart etc., chancellor of this realm of Scotland, his male heirs and of tailzie therein specified, of all and whole the earldom of Dunfermline and lordship of Fyvie and Urquhart, comprehending the lands, baronies, teinds, mills, fishings and others particularly mentioned and set down in the said infeftment of the date at Newmarket, 13 April the year of God 1616, to be held of our said sovereign lord and his successors in manner and for payment of the yearly duty therein contained, in all and sundry conditions, heads, articles and clauses specified in the same charter, together with the precept and instrument of sasine following thereupon; and declare that this present ratification shall be as sufficient, valid and effectual in all respects as if the said infeftment, precept and instrument of sasine following thereupon were at length and word by word inserted herein. [1617/5/54]*Ratification to [Archibald Campbell], earl of Argyll Our sovereign lord and estates of parliament, having seen and considered the infeftment granted by his majesty to his highness's trusty cousin Archibald, earl of Argyll, his male heirs and assignees of all and whole the lands and lordship of Kintyre, comprehending the Isle of Jura and other particular lands, isles, fishings and others therein mentioned, all united and annexed in a lordship called the lordship of Kintyre, to be held of his majesty and his highness's successors in feu ferm for payment of the feu mails, feu ferms, kanes, customs and other duties therein expressed, as in the said infeftment of the date 30 May 1607 at more length is contained; and also having seen and considered the act of the lords of his majesty's exchequer of the date the [...] day of [...] years, whereby the said lords, after due and mature consideration, have liquidated and set down the prices of the malt, meal, cheese and other customs mentioned in the said infeftment, to be paid to his majesty and his successors in all time coming for the prices of the said victuals and customs, namely: the sum of 31s for the price of each boll of malt, the sum of 7s 4d for the price of each stone of meal, the sum of 11s for the price of each stone of cheese, the sum of £7 6s 8d for the price of each mart, the sum of £7 6s 8d for the price of each cow, and the sum of 11s for the price of each wether, according to the which there is a signature superscribed by his majesty's hand ordaining a new infeftment to pass of the said lands and lordship of Kintyre and Isle of Jura with the whole particular lands and isles and others of before annexed to the said lordship of Kintyre to the said Archibald, earl of Argyll and to James Campbell, his eldest lawful son, procreated between him and Dame Anna Cornwallis, countess of Argyll, his spouse, to be held of his majesty and his successors in feu ferm for payment of the feu ferm duties contained in the foresaid first infeftment or of the prices of the said victual and customs contained in the said act and ordinance of exchequer in the option of the said earl, his said son and their foresaids. And his majesty and estates of parliament, perfectly understanding the great charges, pains and travails sustained by the said earl, his kin and friends by his majesty's express command and warrant in the pacifying of the said isles of Kintyre and Jura, and reducing of the same and the inhabitants thereof to his majesty's obedience, and that the prices of the foresaid victual and customs are rated and extended by the lords of his majesty's exchequer to the said prices after due trial and consideration of the worth and value of the same; therefore his majesty and estates of parliament have dissolved and by this act dissolve the foresaid lands and lordship of Kintyre, comprehending the said isles of Jura and other lands, isles and fishings contained in the said infeftment and united and annexed to the said lordship of Kintyre of the date above-specified, from his majesty's crown, and from all acts of annexation by the which the same or any part thereof was annexed to his highness's crown in any time bygone, to the effect the same may be gifted and conveyed by our sovereign lord to the said Archibald, earl of Argyll and to the said James Campbell, his son, their male heirs and assignees, or to either of them upon the resignation of the said earl, with a gift of novodamus in most ample form, with all clauses needful, to be held of his majesty and his highness's successors in feu ferm for payment of the feu mails and feu ferms of money, victual, kanes and customs mentioned and contained in the said infeftment, and upon the provisions and restrictions therein contained, or of the prices of the said victual and customs to the which the same is liquidated by the said act of exchequer in the option of the said Earl of Argyll and his said son and their foresaids, without prejudice always to the said earl, his said son and their foresaids of the infeftment of 20 chalders of victual of the said feu ferms conveyed to the said Earl of Argyll by his majesty, according to a special act of parliament made by his majesty and estates of parliament in the month of August 1607, and infeftments following thereupon; which 20 chalders of victual his majesty and estates decree and ordain to be deducted and subtracted of the said feu ferm duties. It is always provided by our sovereign lord, with the consent of the estates of this present parliament, and it is declared that this said act of dissolution made of the lands foresaid to the end a new infeftment thereof may be given to the said Archibald, earl of Argyll and his said son, and either of them and their foresaids, is only with this quality and condition: that the infeftment and sasine following thereupon and whole lands therein contained shall be subject, burdened and affected with whatsoever debts and sums of money owing by the said earl to his honourable friends, they are to say: Colin Campbell of Lundie, Sir John Campbell of Cawdor, knight, Sir John Scrimgeour of Dudhope, knight, Sir James Campbell of Lawers, Colin and Archibald Campbell, his brother, and in payment of all sums wherein any of the foresaid friends are bound as cautioners for the said earl. And that if the said lands shall be conveyed by his majesty to the said James, it shall be lawful to the said friends to poind and apprise the said lands for the said debts and sums of money in like manner as they might have done in case the said lands had been conveyed to the said Earl of Argyll himself. Likewise the said James shall have the said infeftment and accept the same with the foresaid burden and this condition and no otherwise, reserving the lands of Scadell and all other lands pertaining to [James Hamilton], marquis of Hamilton within Kintyre held of the Bishop of Argyll and kirk. And his majesty and estates ordain infeftments to be issued hereupon in due form in favour of the said earl and his said son, or either of them and their foresaids, at the pleasure of the said earl. [1617/5/55]*Ratification to [Francis Hay], earl of Erroll Our sovereign lord and estates of this present parliament, understanding that the office of great constabulary of this realm of Scotland pertains heritably to his highness's trusty cousin Francis, earl of Erroll, lord Hay and Slains, and that he and his predecessors have dutifully used and discharged the said office, and by themselves and their deputes have possessed and enjoyed all honours, dignities, liberties, privileges, profits and casualties belonging thereto, continually from time to time, past many ages and memory of man; and his majesty, being always careful that the said office remain and continue in the own integrity, and that the same by his highness or his successors' absence out of this realm of Scotland and their remaining within the kingdom of England be not hurt, prejudiced or impaired in any of the privileges or dignities thereof; and considering also how necessary and requisite the discharge of the said office and execution of the privileges thereof is for the repressing and punishing of all persons transgressors therein, therefore his majesty, with advice and consent of the estates of this present parliament, has ratified, confirmed, allowed and approved and by the tenor hereof for his highness and his successors ratifies, confirms, allows and approves the foresaid office of constabulary of this realm of Scotland with all rights and titles granted to the said Francis, earl of Erroll, or to any of his predecessors thereof, together with all dignities, honours, liberties, privileges, pre-eminences, profits, casualties and duties belonging thereto, and wherein the said noble earl or his predecessors or their deputes in their name have been in use and possession at any time of before; and also by this present act finds, declares and, with consent foresaid for his highness and his successors decrees and ordains that the said office of constabulary is and shall be possessed, used and discharged by the said Francis, earl of Erroll and by his successors and their deputes in all times coming within this realm of Scotland likewise and as freely and with as great liberty in all respects as if his highness or his majesty's successors were still resident and personally present, and notwithstanding of his majesty and his successors' absence forth thereof, by the which the said Francis, earl of Erroll and his successors and their deputes shall in no way be hurt nor prejudiced, but that the said office of constabulary shall be in all time coming in the same form and manner possessed and discharged by the said noble earl and his successors and their deputes with all dignities, liberties and privileges belonging thereto as they have done at any time heretofore, or as if his majesty and his successors were still resident and remaining within this realm and were in no way absent nor forth thereof as said is; and that during his majesty and his successors' absence out of this realm, the resident place appointed or at any time or times to be appointed hereafter for council shall represent and be equivalent to his majesty's royal person and presence in that case; and the said Francis, earl of Erroll, his successors and deputes to enjoy and possess the said office of constabulary with all honours, privileges, immunities, casualties, dignities and liberties belonging thereto likewise and in the same manner as if his majesty or his successors were present in proper person at the said place or places of council appointed or to be appointed as said is. [1617/5/56]*Ratification to [Alexander Home], earl of Home Our sovereign lord and estates of this present parliament, considering that his majesty and estates of parliament by a special act of the date at Edinburgh, 11 August, the year of God 1607, dissolved the whole temporal lands of the abbacy of Kelso and cell of Lesmahagow from his majesty's crown with the whole kirks and teinds of the same, to the effect the same might be erected in a temporal lordship in favour of his highness's trusty cousin Robert [Ker], then lord Roxburghe and now earl of Roxburghe, according to the which dissolution infeftment thereafter followed in favour of the said Earl of Roxburghe, in the which act of dissolution and infeftment following thereupon there is special exception of the lands, kirks and teinds following in favour of his highness's trusty cousin Alexander, earl of Home, namely: the lands and mill of Fogo, with their pertinents, the mains of Bogend, with the tower and fortalice of the same, the kirklands of Mellerstain, the kirklands of Home and the kirklands of Gordon lying within the sheriffdom of Berwick, and kirklands of Nenthorn, with the thirty shilling land of Newton lying within the bailiary of Lauderdale; and likewise excepting the kirks of Home, Gordon and Fogo, parsonages and vicarages thereof. And his majesty and estates, willing that the said Alexander, earl of Home, according to the tenor of the said exception, shall hold and enjoy and possess the said lands, kirks and teinds held immediately of his majesty in all time coming, have ratified and approved and by this act ratify and approve the said act of dissolution and exception contained in the same; and further by this act have dissolved and dissolve the foresaid lands, kirks and teinds from his majesty's crown and all annexations made relating thereto and also from the patrimony of the said abbey of Kelso, to the effect the same may be of new conveyedby his majesty to his said trusty cousin, his male heirs and successors, to be held of his majesty for payment of such duty as it shall please his highness to convey the same, with this provision: that the foresaid kirks and each one of them be planted according to the commission of planting of kirks. [1617/5/57]*Procedure: protestProtestation made by [Robert Ker], earl of Roxburghe The which day compeared personally a noble and potent lord Robert, earl of Roxburghe, lord Ker of Cessford and Caverton etc., and protested that the dissolution made in this present parliament of the thirty shilling land of Newton and kirks of Home, Gordon and Fogo which pertained of old to the abbacy of Kelso, and erection and disposition to follow thereupon, shall in no way be prejudicial to the rights and securities which he has in and to the said lands and kirks and teinds thereof, or any part of the same according to the law. [1617/5/58]*Legislation: private actAct in favour of Robert Maxwell Our sovereign lord, with advice of the estates of parliament, of his gracious favour, decrees and declares Robert Maxwell, brother-german to the late John [Maxwell], sometime lord Maxwell, his bairns, posterity and heirs to be capable and able to hold, enjoy and possess whatsoever lands, heritages, tacks, teinds, steadings, rooms, possessions, houses, woods, fishings, patronages and others pertaining to the said late John, sometime lord Maxwell at any time bygone conveyed by his majesty to the said Robert Maxwell, his heirs and successors, or acquired by him in any time bygone from whatsoever other person or persons, or to be acquired by the said Robert in his own person, his heirs and successors in any time coming, or which are as yet in his majesty's hands fallen therein by virtue of the said late Lord Maxwell's forfeiture, or yet before the date hereof not conveyed by his highness to no person nor persons, and that as freely and amply in all respects as any other free liege and subject of this realm of Scotland may possess any lands, possessions and others foresaid, and rehabilitates the persons of the said Robert Maxwell and his foresaids for that effect, and that notwithstanding of the said forfeiture led and prosecuted against the said late John, sometime lord Maxwell, his brother, and as if the same forfeiture had never been led nor prosecuted against the said late John, sometime lord Maxwell, so far as may concern the premise. And his highness, with advice and consent foresaid, of his gracious favour, decrees and declares that it shall not be permissible to any person or persons to object the said forfeiture against the persons of the said Robert, his heirs and posterity in judgement nor outwith judgement in no time coming as if the said forfeiture had never been pronounced, led nor prosecuted, to hinder, stop and impede them to possess and enjoy the foresaid lands and others foresaid of the living of Maxwell acquired, or to be acquired, by him and his foresaids in manner foresaid, or conveyed to him by his majesty already or in the right and possession of the rest of the said lands and living of Maxwell, which are as yet in his majesty's hands fallen therein by virtue of the said forfeiture, and yet not conveyed by his highness as said is; and also to possess and enjoy whatsoever other lands he has acquired already, or that he or his heirs shall acquire hereafter, reserving always and excepting out of this act all titles, honours and dignities which pertained of old to the house of Maxwell and offices of the stewartries of Annandale and Galloway, which were held by the said late John, sometime lord Maxwell, or his predecessors immediately of our said sovereign lord or his highness's predecessors; and also reserving and excepting the lands conveyed by his majesty to the lairds [Sir Robert Gordon of] Lochinvar and [Sir William Grierson of] Lag through and by the said forfeiture; and also the lands of the living of Maxwell conveyed by his highness to [William Cranston], lord Cranston in case the said Robert Maxwell and Lord Cranston's appointment take not effect; and if the same take effect hereafter, then this act to be extended also to these lands of the living of Maxwell which were conveyed to the said Lord Cranston as said is, and which shall be acquired from him by the said Robert Maxwell; and also reserving all other men's rights acquired of his highness proceeding upon the said forfeiture of the said late John, sometime lord Maxwell in any time bygone preceding the date hereof of any part of the lands and living of the lordship of Maxwell, and which as yet are not acquired by the said Robert Maxwell from the persons to whom the same is conveyed, whose rights and titles of the same lands of the living of Maxwell, if the same shall be acquired hereafter by the said Robert, his heirs and successors, this act of rehabilitation to take then also place in their persons for these lands of the living of Maxwell to be acquired hereafter as said is as if the same had been specially contained and expressed in this present act. [1617/5/59]*Procedure: protest; asking of instruments The which day compeared Robert [Ker], earl of Roxburghe, in name and on behalf of [Andrew Kerr], laird of Greenhead, and likewise [Alexander Stewart], lord Garlies, being personally present, compeared for himself, and also compeared John Belsches, advocate, as procurator for the lairds [Sir Robert Gordon of] Lochinvar, [Sir Andrew Kerr of] Ferniehirst, [Sir William Grierson of] Lag, Sir James Kerr, John Gordon of Ettleston, John Gordon of Troquhain, James Gordon of McCartney and Gilbert Greer of Dalton, and in name and on behalf of the foresaid persons, and each one of them, protested for the same persons and each one of them for whom they compeared, that the act made in favour of Robert Maxwell, brother-german to the late John [Maxwell], sometime lord Maxwell, his bairns, posterity and heirs touching his majesty's gracious disposition to him and them making them capable and able to hold, enjoy and possess whatsoever lands, heritages, tacks, steadings, rooms, possessions, teinds, houses, woods, fishings, patronages and others at length specified and contained in the said act, as the same of the date of this act at length bears, and in their names and on their behalf protested that the foresaid persons, and each one of them, their heirs and assignees should not be prejudiced by the said act regarding whatsoever rights and titles acquired by them or any of them of the said living of Maxwell or any part thereof proceeding upon the said Lord Maxwell's forfeiture; whereupon the foresaid persons asked instruments. Legislation: private acts[1617/5/60]*Act in favour of [William Crichton], lord [Crichton of] Sanquhar Our sovereign lord and estates of parliament, having at length seen and considered the submission made to his sacred majesty by William Crichton, natural son to the late Robert [Crichton], lord [Crichton of] Sanquhar, and his curators, and William Crichton of the Hill, on the one part, and William Crichton of Ryhill, now styled William, lord Crichton of Sanquhar, James Crichton of Carco, with consent of his curators, and by Master Alexander Seaton of Gargunnock, on the other part, whereby all the said parties referred them to his majesty regarding all right, title and claim of right which they or any of them had or might pretend to the lordship and living of Sanquhar, or to the goods, gear, tacks or teinds and to other rights pertaining to the said late Robert, lord Sanquhar; which submission is of the date at Edinburgh, Canongate, St Andrews, Drumlanrig, Sanquhar, Amisfield and Mill of Enterkine respectively, 28 and 30 July, 1, 5 and 14 August and 15 September, the year of God 1613, together with the decreet arbitral given and pronounced by his majesty, whereby his majesty has for the causes at length specified in the said decreet found the reasons of reduction proposed and alleged for the part of the said William, now lord Sanquhar, James Crichton of Carco and Master Alexander Seaton for reducing and annulling of the pretended order of redemption used by the said late Robert, lord Sanquhar, in the month of August, the year of God 1599, for redemption of the said lordship and living of Sanquhar from the said James Crichton of Carco and of the declarator of redemption following thereupon, to be relevant and proven; and therefore has determined the said order of redemption with declarator thereof, together with all infeftments following thereupon made to the said late Robert, lord Sanquhar, or made by him or upon his resignation to whatsoever person or persons of the said lordship and living of Sanquhar or any part thereof since the month of August, the year of God 1599; and namely the infeftment, precept and instrument of sasine granted by his majesty to David Crichton of Lugton upon the resignation of the said late Robert, lord Sanquhar, proceeding, with the procuratory and instrument of resignation whereupon the same depended, together with the pretended procuratory and instrument of resignation of the said lordship and living made by the said David Crichton of Lugton in his majesty's hands to and in favour of the said late Robert, lord Sanquhar and for new infeftment to be given to him and to the male heirs lawfully to be procreated of his body, which failing, to the said William Crichton, his natural son, with his majesty's infeftment, precept and instrument of sasine granted according thereto and new infeftment therein contained, to be null, invalid and ineffectual in themselves with all that has followed or may follow thereupon, as in the said decreet arbitral containing diverse other heads, articles and conditions of the date at Theobalds, 2 May, the year of God 1614 at more length is contained. Which decreet, after the pronouncing thereof by his majesty, together with the said submission, which is the warrant of the same, was not only registered by his majesty's express warrant direct to his majesty's advocate to that effect and by consent of procurators compearing for the said whole parties submitters in the books of his majesty's council upon 18 May, the year of God 1614, but also by express warrant given by his majesty to Alexander [Seton], earl of Dunfermline, his majesty's chancellor, the extract of the said lords' decreet of registration was ordained to be given forth and extracted to the said parties under his majesty's great seal. And his majesty, after the reading and consideration of the said submission and decreet, having at great length explained in presence of the whole three estates the most just, reasonable and weighty causes and arguments founded both upon law, equity and conscience, whereby his majesty was moved to decide and determine in favour of the said William, lord Sanquhar and his said colleagues in manner contained in the said decreet, which the said three estates all in one voice acknowledged to be most just, lawful and equitable, therefore his majesty and three estates have ratified and approved and by this act ratify and approve the said decreet arbitral together with the said decreet of the lords of council interposed thereto, to the which his majesty's great seal is ordained to be appended for greater solemnity as said is, in the whole heads, articles and clauses thereof, which his majesty and estates holds as herein expressed, and find and declare the said decreet to be most orderly, justly and lawfully given and to be agreeable to the foresaid submission in all points. [1617/5/61]*Two ratifications in favour of [Thomas Hamilton], lord Binning Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by his majesty, with consent of his highness's officers of state and commissioners of the kingdom of Scotland, to his highness's trusty cousin and councillor Thomas, lord Binning, secretary to his majesty and president of his highness's college of justice of the same kingdom, and his male heirs lawfully procreated or to be procreated of his own body, which failing, to his nearest and lawful male heirs whatsoever bearing the surname of Hamilton, of all and whole the lordship and barony of Binning, comprehending the baronies of Byres, Dummanie, Inverkeithing, castles, towers, fortalices, mills, woods, fishings, coals, coal-works, sea ports, burghs, annualrents and others particularly mentioned and set down in the said infeftment, with all their parts, pendicles and pertinents which are thereby united, created and incorporated in a whole and free lordship and barony called the lordship and barony of Binning as said is, to be held of our said sovereign lord and his successors in manner and for payment of the yearly duties therein expressed of the date at Royston, 14 October, the year of God 1616, in all and sundry heads, articles, clauses and conditions whatsoever therein contained, with the precept and instrument of sasine following thereupon. Likewise his majesty and estates foresaid wills, decrees and declares that this present ratification is and shall be as valid, effectual and sufficient in all respects as if the said infeftment, precept and instrument of sasine following thereupon were at length inserted and engrossed in this present act word for word. [1617/5/62]* Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by his majesty, with consent of his highness's officers of state and commissioners of this realm of Scotland, to his highness's trusty cousin and councillor Thomas [Hamilton], lord Binning, secretary to his majesty and president of his highness's college of justice of the same kingdom, his male heirs and successors heritably, of all and sundry the temple lands and temple tenements pertaining of before to James [Sandilands], lord Torphichen in property or tenantry wherever the same lie within the said kingdom of Scotland, as well as within burgh as without burgh in landward, with castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, teinds, as well as parsonage as vicarage, of the same lands, tenants, tenancies, service of free tenants, annexes, connexes, dependencies and all and sundry privileges, liberties, immunities and pertinents of the same specified in the said infeftment, except as is therein excepted, to be held of our said sovereign lord and his successors in free blench for payment of one penny yearly at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked, only, of the date at Royston, 13 October, the year of God 1614, in all and sundry heads, articles, clauses and conditions whatsoever therein contained, with the precept and instrument of sasine following thereupon. Likewise his majesty and estates foresaid will, decree and declare that this present ratification is and shall be as valid, effectual and sufficient in all respects as if the said infeftment, precept and instrument of sasine following thereupon were at length inserted and engrossed in this present act word for word. [1617/5/63]*Ratification to [Walter Stewart], lord Blantyre Our sovereign lord and estates of this present parliament, having seen and considered the infeftment made and given by his majesty, for his highness's self and as father and lawful administrator to his majesty's dearest son, the prince and stewart of Scotland, under his highness's great seal of the date 18 January, the year of God 1598 [1599], to his highness's right trusty cousin Walter, lord Blantyre, his male heirs and assignees heritably, of all and whole the lands and barony of Blantyre, comprehending therein the lands, mills, woods, fishings, advocation, donation and right of patronages and others particularly and generally specified and contained in the said infeftment, with their parts, pendicles and pertinents whatsoever; and also the infeftment made and given by his majesty, for his highness's self and as father and lawful administrator to his majesty's dearest son, the prince and stewart of Scotland, under his highness's great seal of the date 12 August, the year of God 1615, to William [Stewart], master of Blantyre and Helen Scott, his future spouse, and their heirs mentioned therein, of the foresaid lands and barony of Blantyre, comprehending therein the lands, mills, woods, fishings, advocation, donation and right of patronages and others particularly and generally specified and contained in the said infeftment, with their parts, pendicles and pertinents whatsoever; and likewise the infeftment made and given by his majesty under his highness's great seal of the date 20 June, the year of God 1616, to the said William, master of Blantyre and Dame Helen Scott, his spouse, and their male heirs specified therein, of all and whole a one merk land of old extent of Blantyre Craig, and of all and whole the place or mansion called the Craig of Blantyre, with houses, buildings, yards, orchards, parks, meadows, woods, fishings, parts, pendicles and pertinents thereof, lying within the barony of Blantyre and sheriffdom of Lanark; and being ripely advised therewith, his majesty and estates foresaid have ratified and approved and by the tenor hereof ratify and approve the foresaid infeftments and each one of them in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained therein and whole contents thereof, decreeing and ordaining the generality hereof to be as good, valid and effectual in all respects as if the whole foresaid infeftments respectively were at length word by word inserted herein, dispensing with this by this act, and declaring the said William, now lord Blantyre and his said spouse and their heirs to have the undoubted right to the whole foresaid lands, baronies, mills, woods, fishings, manor places, advocations, donations and right of patronages and others particularly and generally specified and expressed in the foresaid three infeftments, and each one of them with all their parts, pendicles and pertinents whatsoever in all times coming, to be possessed and enjoyed by them after the form and tenor of the said infeftments respectively in all points. [1617/5/64]*Ratification to Sir Gideon Murray [of Elibank] of diverse of his infeftments Our sovereign lord and estates of this present parliament ratify and approve the two infeftments respectively underwritten: the one thereof made and granted by his majesty under his highness's great seal to his majesty's trusty and well-beloved councillor Sir Gideon Murray of Elibank, knight, his highness's treasurer, comptroller, collector and treasurer of the new augmentations depute by his majesty, and one of the lords of his majesty's privy council and session of the kingdom of Scotland, and to the male heirs lawfully procreated, or to be procreated, of his own body, which failing, to his nearest and lawful male heirs bearing the surname and arms of Murray and assignees whatsoever heritably of all and whole the tenantry of Elibank, comprehending the lands and others after-specified, namely: all and whole the lands of Elibank, alias Eliburn, with the manor place, houses, buildings, parts and pendicles of the same, all and whole the lands and place of Glenpoit, with tenants, tenancies, service of free tenants thereof, all and whole the easter half of the lands and place of Plora, with tenants, tenancies, service of free tenants thereof, parts, pendicles and pertinents of the same, and lands of Hamlote called Priesthope, with all and sundry parts, pendicles and pertinents of the same lying in the ward of Tweed within the lordship of the Forest of Ettrick and sheriffdom of Selkirk, to be held of our said sovereign lord and his successors in feu ferm for payment of the feu mails and duties mentioned in the said infeftment; whereby the marriages of the heirs of the said Sir Gideon and profits thereof are taxed and conveyed to them for payment to his majesty and his successors of the sum of £100 money of the said realm of Scotland as often and so often as the same shall happen to fall in the hands of his majesty or his highness's successors of the date at Linlithgow, 29 September, the year of God 1601; and the other of the said infeftments made and granted by his majesty under his highness's great seal to the said Sir Gideon Murray, his male heirs and assignees whatsoever heritably, of all and whole the barony of Ballencrieff comprehending the lands and others after-specified, namely: all and whole these four husband lands of Ballencrieff sometime occupied by the late Adam Nisbet, and also one husband land lying there sometime occupied by the late James Newton, three quarters or three fourth parts of one husband land in Ballencrieff of old occupied by the late Elizabeth Sinclair, with the dovecot, yard and houses built before the yard on the south with the acre behind the yard called the Dovecot Acre on the north, all and whole 28 cottage acres of the town of Ballencrieff with the mill of Ballencrieff, thirl multures and sucken thereof, and of the whole lordship, town, mains and lands of Ballencrieff, Gosford and Spittal, with castles, towers, fortalices, manor places, houses, buildings, parts, pendicles, tenants, tenancies, service of free tenants thereof, together with the office of bailiary of the same, with all other rights, privileges, profits and duties pertaining and belonging thereto, all and whole one husband land of these two husband lands called Rewingstounislandis, with the pertinents, as also a two merk, four shilling, six penny land of the other husband land called as is above-written, with houses, buildings, parts and pendicles thereof, and likewise all and whole the lands of Ballencrieff called the ten pound land, with houses, buildings, yards, outsets, cottages, parts, pendicles and pertinents of the same whatsoever, all and whole a husband land of the two husband lands commonly called Myreton, with houses, buildings, outsets, tofts, crofts, parts, pendicles and pertinents of the same, a husband land sometime occupied by James Taylor in Drem, eldest lawful son to Alexander Taylor in Mungoswells, all and whole these four husband lands and brewlands in Ballencrieff, with houses, buildings, yards, dovecot, parts, pendicles and all their pertinents sometime occupied and possessed by Alexander Richardson, brother-german to Sir James Richardson of Smeaton, knight, and his subtenants, all and whole that piece of land in Ballencrieff called the half merk land with the pertinents sometime occupied and possessed by the late Sir John Murray of Eddleston, knight, and his subtenants, lying in the territory and lordship of Ballencrieff within the constabulary of Haddington and sheriffdom of Edinburgh, and likewise all and whole the lands of Power How, alias Prora, and that part of the lands of Fortoun and Fenton lying between the lands of West Fortoun on the east, the lands of Byres on the west, the lands of Athelstaneford and West Fortoun on the south, and the lands of Congalton and East Fortoun on the north parts, with the pasturage of 200 sheep, 20 oxen and 2 horses in the community of Kingston, with free access and entry thereto, together with the whole teinds of the said lands of Power How, Fortoun and Fenton including annexes, connexes, feu ferms, tenants, tenancies, service of free tenants, parts, pendicles and all their pertinents lying within the lordship of Newbattle, constabulary of Haddington and sheriffdom of Edinburgh, to be held of our said sovereign lord and his successors of the date at Edinburgh, 17 April last in this instant year of God 1617, together with the precepts and instruments of sasine following upon the said two infeftments, in all and sundry conditions, heads, articles and clauses whatsoever therein contained after the forms and tenors thereof. Likewise his majesty and estates foresaid decree and declare that this present ratification and confirmation of the said two infeftments, with the precepts and instruments of sasine following thereupon, is and shall be as valid, effectual and sufficient in all respects as if the same were at length word for word inserted in this present act of parliament. In addition, our said sovereign lord, considering the good, true and thankful service done by the said Sir Gideon Murray to his majesty, not only in his highness's private and particular affairs but also in the public affairs of the said realm of Scotland, in the faithful and diligent discharge of the offices and commissions trusted and committed to him by his majesty these diverse years bygone, tending greatly to his highness's contentment and to the honour, common benefit, peace and tranquillity of the said kingdom of Scotland and lieges thereof, which services are sufficiently tried, verified and known to his majesty and whole estates of this present parliament to have been very profitable to his majesty, this realm and lieges thereof; therefore, and to give occasion to others of his highness's good subjects to do and perform the same faithful and thankful service to his highness and his successors in time coming, our said sovereign lord and estates foresaid have dissolved and by this act dissolve all and whole the foresaid tenantry of Elibank comprehending the lands and others foresaid united and annexed thereto and contained in the infeftment thereof above-mentioned, and also all and whole the foresaid lands and barony of Ballencrieff, comprehending the lands and others above-specified united and annexed thereto by virtue of the infeftment of the same above-written granted to the said Sir Gideon Murray and his foresaids from his highness's crown and patrimony thereof, and from all acts and statutes of parliament made by his highness or his most noble progenitors annexing the lands and others above-specified to his highness's crown and that to this effect following, namely: that his majesty may of new give, grant and convey to the said Sir Gideon Murray, his male heirs and assignees all and whole the foresaid tenantry of Elibank, alias Eliburn, comprehending the said lands of Elibank, the foresaid lands and place of Glenpoit, the foresaid easter half of the said lands and place of Plora and lands of Hamlote, alias Priesthope, with their manor places, houses, buildings, yards, orchards, tenants, tenancies, service of free tenants thereof, parts, pendicles and pertinents of the same, to be held of his majesty and his successors in feu ferm for the yearly payment of the feu mails and other duties contained in the said infeftment granted to the said Sir Gideon thereupon, of the date 29 September, the year of God 1601, whereby the marriage of the heir is taxed and conveyed for payment of the said sum of £100 on every occasion the said marriage shall happen to become vacant in time coming; and also to the effect that his majesty may of new give, grant and convey to the said Sir Gideon Murray, his male heirs and assignees heritably, all and whole the foresaid lands and barony of Ballencrieff, comprehending all and sundry the lands and others specified in the said infeftment granted to him thereupon of before of the date 17 April last, to be held of our said sovereign lord and his successors in manner following, namely: the said particular lands of Ballencrieff, with the mill and office of bailiary foresaid, to be held in feu ferm, and the said lands of Power How, Fortoun and Fenton, with the pasturage and teinds thereof above-written, to be held in free blench paying thereof yearly to his highness and his successors the feu mails, feu ferms and other duties after-specified, namely: for the said four husband lands in Ballencrieff, sometime occupied by the said late Adam Nisbet, the foresaid one husband land lying there sometime occupied by the said late James Newton, the foresaid three quarters or three fourth parts of one husband land in Ballencrieff of old occupied by the said late Elizabeth Sinclair, whereof each husband land now extends in his highness's rental to two merks money of this realm of Scotland, six bolls of barley, three capons and six poultry, and for the foresaid dovecot, yards, orchards, with the houses and acre called the Dovecot Acre, extending in his highness's rental to 300 young doves, 1,000 cherries, 6s 8d money foresaid, and for the said twenty eight cottage acres of the said town of Ballencrieff, whereof every acre now extends in his highness's rental to 3s money foresaid and six poultry, and for the said mill, multures and sequels thereof now extending in his highness's rental to 8 merks money above-written yearly, which lands with the mill astricted, multures, yards, orchards, houses and their pertinents and the foresaid office of bailiary extends now in the whole, the old feu ferm and augmentation being accounted together, to the sum of £20 usual money of the said realm of Scotland at two usual terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, two chalders, two bolls and two firlots barley, with capons, poultry, young doves and cherries foresaid, and also the heirs of the said Sir Gideon paying to his highness and his successors the double of the said silver duty of one year at their first entry to the said lands as use is of feu ferm, and likewise the said Sir Gideon and his foresaids building and upholding upon the foresaid lands a sufficient mansion of stone and lime with hall, chamber, barn, byre, stable, dovecot, orchards, yards, beehives, with hedges and planting of oak and all other trees necessary, moats and bridges for passage of his highness's lieges in places convenient within the said lands, with other houses and policy convenient and correspondent to the ground of the said lands. And moreover, the said Sir Gideon Murray and his foresaids, finding for every ten pound land of the said lands of Ballencrieff immediately above-written two horsemen, the one thereof with lance and the other with a carriage horse, to do service to his majesty in his highness's wars and armies when they shall be lawfully required and charged thereto by letters or proclamations as appropriate; and likewise paying to his majesty and his successors for all and sundry the foresaid lands called Rewingstounes lands, with the pertinents, and the foresaid one husband land commonly called Myreton, with the pertinents, the sum of £3 13s 4d money foresaid at the said two terms in the year, Whitsunday and Martinmas in winter, by equal portions, and also the male heirs of the said Sir Gideon doubling the said feu ferm the first year of their entry to the foresaid lands as use is of feu ferm for all and whole the foresaid lands of Ballencrieff called the ten pound land, with houses, buildings, yards, outsets, cottages, parts, pendicles and pertinents of the same whatsoever, the sum of £12 6s 8d money above-written at the said two terms in the year, Whitsunday and Martinmas in winter, by equal portions as the old feu ferm and augmentation customary to be paid for the foresaid lands with the pertinents of before, and also the male heirs of the said Sir Gideon doubling the said feu ferm duty the first year of their entry to the foresaid lands as use is of feu ferm, and also the said Sir Gideon Murray and his foresaids building and upholding upon the said lands a sufficient mansion with hall, chamber, kitchen, barn, byre, dovecot and other policies necessary correspondent to the ground of the same lands according to the tenor of the old infeftments of the said lands only for the foresaid four husband lands and brewlands in Ballencrieff, with houses, buildings, yards, dovecot, parts, pendicles and all their pertinents sometime occupied by Alexander Richardson, and the foresaid piece of land in Ballencrieff called the half merk land, with the pertinents, the sum of £8 money foresaid at the said two usual terms in the year, Whitsunday and Martinmas in winter, by equal portions, one chalder, nine bolls, two firlots of barley, twelve capons and twenty four poultry at the terms customary, as the old feu ferm used to be paid for the foresaid lands with the pertinents, together with the sum of 3s 4d money foresaid at the terms above-written in augmentation of his highness's rental of the said lands; and also the male heirs of the said Sir Gideon doubling the said feu ferm the first year of their entry to the foresaid lands as use is of feu ferm. And in like manner the said Sir Gideon and his foresaids building and upholding upon the said lands a sufficient mansion with hall, chamber, kitchen, barn, byre, dovecot, yards, orchards, hedges and other policy needful corresponding to the ground, for all and sundry the foresaid lands of Power How, alias Prora, with that part of the said lands of Fortoun and Fenton lying and bounded in manner above-written, with the foresaid pasturage upon the said community of Kingston and teinds of the said lands of Power How, Fortoun and Fenton, including annexes, connexes, feu ferms, tenants, tenancies, service of free tenants and all their pertinents, the sum of £17 money foresaid in name of blench ferm yearly at the feast of Whitsunday only; and that for relief of Robert [Kerr], earl of Lothian, his heirs and successors of a part of the blench duty contained in his infeftment of the said lordship of Newbattle; and also the said Sir Gideon and his foresaids freeing and relieving the said Robert, earl of Lothian and his foresaids of all taxations, impositions and all other burdens whatsoever imposed, or to be imposed, upon the foresaid lands, teinds and others above-written according to the rate and proportion of the same only. And forasmuch as by virtue of certain old infeftments of the said lands of Ballencrieff made to the predecessors and authors of the said Sir Gideon Murray, they were obliged to pay to his highness the feu mails and feu ferms above-specified, together with the marriage of the heir when it should happen; and his majesty and estates foresaid, considering that his highness of before taxed and modified the marriage of the heir of the said Sir Gideon by virtue of the said infeftment granted to him of the said tenantry of Elibank to the said sum of £100 as often as the same should happen to become vacant, and his majesty and estates foresaid, of certain knowledge, for the causes above-specified, being willing to tax and modify the marriage of the male heirs of the said Sir Gideon and his successors whensoever the same should happen to become vacant by virtue of whatsoever infeftments granted to him, his predecessors or authors of the said lands of Ballencrieff or any part thereof, therefore his majesty and estates foresaid give, grant and convey to the male heirs and successors of the said Sir Gideon their own marriages and whole profits thereof for payment to his highness and his successors of the sum of £200, and that in satisfaction of the foresaid tax duty of the said marriage contained in the said infeftment of the foresaid lands and tenantry of Elibank; and that as often and so often as the said marriage shall happen to become vacant, fall and become in the hands of his majesty or his successors in time coming by virtue of whatsoever infeftments of the said lands and tenantry of Elibank and of the said lands of Ballencrieff or any part thereof; and that for all other duty, service, ward, marriage of heirs or any other burden or exaction whatsoever which may be asked or acclaimed of the lands and others particularly above-mentioned with their pertinents by virtue of whatsoever anterior infeftments of the same granted by his majesty or his highness's predecessors, concerning which, his majesty and estates foresaid have dispensed and by this act dispenses for ever; and declare that this act shall make express derogation thereto, retreating, rescinding, likewise his majesty and estates foresaid retreat and rescind all and whatsoever acts and statutes of parliament made by his majesty and his highness's predecessors of before which may be prejudicial to this present act and infeftments to follow hereupon in so far as the said anterior acts and statutes of parliament may be extended to all and sundry the lands and others above-expressed with their pertinents; and declare the said anterior acts in that part to be void and ineffectual in all time coming; and that this present act with the infeftments to follow hereupon shall be good, valid and effectual rights to the said Sir Gideon and his foresaids for possession and enjoying of all and sundry the lands above-expressed with their pertinents perpetually in all time hereafter according to the tenor of this present act and infeftments to follow hereupon. [1617/5/65]*Ratification to Sir Gideon Murray [of Elibank], William and Walter Murray, his sons Our sovereign lord and estates of this present parliament ratify and approve the letters of gift and pension made and granted by his majesty under his highness's privy seal, with advice and consent of his highness's right trusty cousin and councillor John [Erskine], earl of Mar, lord Erskine and Garioch etc., his highness's treasurer, comptroller, collector and treasurer of his highness's new augmentations of the kingdom of Scotland, and also with advice and consent of the remaining lords of his majesty's secret council of the same kingdom, his highness's commissioners, to his majesty's trusty and well-beloved councillor Sir Gideon Murray of Elibank, knight, his highness's treasurer depute of the said kingdom of Scotland, in liferent during all the days of his lifetime, and after his death to William and Walter Murray, his lawful sons equally between them during all the days of their lifetimes, and to the longest liver of the three, of a yearly pension of the sum of £2,400 usual money of the said kingdom of Scotland yearly to be uplifted by the said Sir Gideon Murray during his lifetime and after his death by the said William and Walter Murray, his sons, equally between them during all the days of their lifetimes, and by the longest liver of the three, out of the readiest of his highness's proper rents and casualties of the said kingdom of Scotland from his highness's treasurers, comptrollers and collectors present and to come at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, of the date at Whitehall, 24 December, the year of God 1616. And likewise, our sovereign lord and estates foresaid ratify and approve the letters of gift made and granted by his majesty under his highness's privy seal, with advice and consent of the lords of his highness's privy council and exchequer and of the lords commissioners of his highness's rents of the said kingdom, to the said Sir Gideon Murray of Elibank, knight, for all the days of his lifetime of the liberty and freedom to bring in yearly within the said kingdom of Scotland by himself, his friends, factors and servants in his name, 30 tuns of wine free without payment of any kind of impost, custom or other duty to be paid by him or his foresaids thereof, of the date at Newmarket, 1 February, the year of God 1616. And likewise our said sovereign lord and estates foresaid ratify and approve the letters of gift made and granted by his majesty under his highness's privy seal, with advice and consent of the said John, earl of Mar, treasurer, comptroller, collector and treasurer of his highness's new augmentations of the said kingdom of Scotland, and also with advice and consent of the remaining lords of his highness's privy council of the same kingdom, his majesty's commissioners foresaid, to the said Sir Gideon Murray of Elibank, knight, in yearly pension during all the days of his lifetime, of all and sundry the feu ferms, feu mails, augmentation, kanes, customs and duties indebted to his majesty out of all and whole the town and lands and manse of Ballencrieff and mill thereof, with the pertinents, lying within the constabulary of Haddington and sheriffdom of Edinburgh, pertaining heritably to Sir Archibald Murray of Darnhall, knight, for the time, and now to the said Sir Gideon Murray, extending to the particular quantities following, namely: 3 chalders and 12 bolls of barley, 29 capons, a quarter capon, 206 poultry, half poultry, 300 pair of doves, 1,000 cherries, and the sum of £40 10s money foresaid with all other duties whatsoever indebted to his majesty out of the lands and mill above-written, with the pertinents, pertaining to the said Sir Archibald Murray for the time and now to the said Sir Gideon Murray as said is, of the date at Whitehall, 24 December, the year of God 1616 foresaid, in all and sundry points, passes, heads, articles, clauses, conditions and circumstances whatsoever contained in the letters of gift and pension respectively above-specified after the forms and tenors thereof, with all that has followed or may follow thereupon. Likewise his majesty and estates foresaid will, grant, decree and declare that this present ratification of the letters of gift and pension respectively above-mentioned is and shall be as valid, effectual and sufficient in all respects as if the same letters of gift and pension respectively above-specified were at length and word by word inserted and engrossed in this present act, notwithstanding the non-inserting thereof; concerning which, his majesty and estates foresaid have dispensed and by this act dispense for ever. And further our said sovereign lord and estates foresaid will and declare that the said Sir Gideon Murray during his lifetime, and, after his death, the said William and Walter Murray, his sons, shall peaceably hold, enjoy and possess the mails, ferms, duties, sums of money and others above-specified, together with the foresaid liberty and freedom to import within this realm of Scotland of the said 30 tuns wine, custom free as said is, during their lifetimes respectively in manner specified in the letters of gift and pension respectively above-specified granted to them relating thereto; and that notwithstanding of whatsoever acts of annexation of lands, mails and customs to the crown or of whatsoever act of parliament whereby gifts and pensions conveyed by his majesty out of his highness's property annexed or others of his highness's casualties are declared null and ineffectual, which shall make no derogation to the letters of gift and pension respectively above-mentioned. Likewise his majesty and estates foresaid will and declare that this act shall be an effectual and lawful dissolution to the effect above-written and all to this effect: that his majesty may of new give and convey the said yearly pensions, feu ferms and others above-specified to the said Sir Gideon Murray and his said sons in manner and during the space respectively above-designed. [1617/5/66]*Ratification to the said Sir Gideon Murray [of Elibank] of the provostry of Crichton Our sovereign lord and estates of this present parliament ratify and approve the provision and letters of gift made and granted by the late Sir Walter Scott of Branxholme, knight, thereafter styled Walter [Scott], lord Scott of Buccleuch, undoubted patron of the provostry of Crichton lying within the diocese of St Andrews and sheriffdom of Edinburgh, to his majesty's trusty and well-beloved councillor Sir Gideon Murray of Elibank, knight, during all the days of his lifetime of all and whole the provostry of Crichton with all and sundry teind sheaves, other teinds as well as parsonage and vicarage, fruits, rents, revenue, profits, emoluments and other duties pertaining and annexed thereto, with all and sundry lands, manses, houses, buildings, yards, tofts, crofts, mails, ferms, annualrents and other duties pertaining and righteously known to pertain and belong thereto wherever the same lie within any part of this realm, of the date at Hawick, 10 February, the year of God 1596 [1597], together with the charter made and granted by the said Sir Gideon Murray as provost of the said college kirk of Crichton, with consent of the said late Walter, lord Scott of Buccleuch, patron foresaid, and of the prebendaries of the same college kirk to William Murray, brother-german to the late Sir John Murray of Eddleston, knight, his heirs and assignees whatsoever heritably of all and whole the kirklands pertaining and belonging to the said provostry, with the teind sheaves and other teinds of the same including mansion, houses, buildings, yards, tofts, crofts and all their pertinents lying within the lordship of Crichton and sheriffdom of Edinburgh, to be held of the said Sir Gideon and his successors, provosts of the said college kirk of Crichton, in feu ferm and heritage for ever, of the date at Edinburgh, 3 March, the year of God 1597 [1598], with the instrument of sasine following thereupon, together with his highness's confirmation of the said charter of feu ferm and instrument of sasine following thereupon under his majesty's great seal of the date at Edinburgh, 20 June, the year of God 1611, together also with two tacks and assedations set by the said Sir Gideon Murray, with consent of the said patron and prebendaries of the said college kirk of Crichton, to the said William Murray, his heirs and assignees therein specified for the years and spaces therein expressed, of all and sundry the teind sheaves of the said provostry whatsoever in all parts wherever the same lie, which tacks are of the date 3 March, the year of God 1597 [1598], together also with a decreet given and pronounced by the lords of council and session upon 23 July, the year of God 1597, at the instance of the said Sir Gideon Murray of Elibank, knight, as provost of the said provostry of Crichton, against the persons specially and generally therein contained, for answering of him of all feu ferms, mails, kanes, customs and duties of the said provostry during his lifetime according to the said letters of gift granted to him thereupon, in all and sundry conditions, heads, articles and clauses therein contained after the forms and tenors thereof, with all that has followed or may follow thereupon. Likewise his majesty and estates foresaid declare that this present ratification and confirmation of the rights and securities above-specified is and shall be as valid, effectual and sufficient in all respects as if the same were at length word for word inserted in this present act. [1617/5/67]*Ratification to [James Colville], lord Colville of Culross Our sovereign lord, with advice and consent of the estates of this present parliament, having seen and considered the infeftment made, given by his majesty under his highness's great seal of the date 20 January, the year of God 1609 to his highness's right trusty cousin James, lord Colville of Culross, named therein Sir James Colville of Easter Wemyss, knight, his male heirs and assignees heritably of all and whole the lordship and barony of Culross, as well as temporality as spirituality of the same, with all lands, kirks, teinds, fruits, rents and others particularly and generally specified therein, and of the dissolution thereof from the crown and of the erection thereof in a temporal lordship and barony; and being ripely advised therewith, his majesty and estates foresaid have ratified and approved and by this act ratify and approve the said infeftment in the whole heads, clauses, articles, conditions and circumstances whatsoever specified and contained therein, and whole contents thereof, decreeing and ordaining the generality hereof to be as good, valid and effectual as if the said infeftment were at length word by word inserted herein, dispensing relating thereto by this act; and also declaring and ordaining the said James, lord Colville, his male heirs and successors to have the undoubted right to the foresaid lands and lordship of Culross, both temporality and spirituality thereof, in all time coming, to be possessed and enjoyed by them after the form and tenor of the said infeftment in all points. And for their better security, his majesty and estates foresaid have of new dissolved, annulled and infringed and by the tenor hereof annul, dissolve and infringe the said general annexation of the kirklands of this realm to the crown in so far as it may be extended to the temporality of the said abbacy of Culross; and ordain a new infeftment to be made and given of the same to the said James, lord Colville of Culross, his male heirs and successors heritably, to be extended in most ample form with all clauses necessary. [1617/5/68]*Ratification to Sir Andrew Hamilton [of Redhouse] Our sovereign lord and estates of this present parliament, considering the good, true and thankful service done to his majesty by his trusty and well-beloved councillor Sir Andrew Hamilton of Redhouse, knight, one of the senators of his highness's college of justice in the public affairs of the realm, and willing to encourage him to continue therein; and also having advisedly considered the tenors of the charters and infeftments underwritten and whole progress of the old titles, rights and securities whereupon the same proceeded, have therefore ratified, approved and confirmed and by the tenor hereof for his majesty and his successors, with advice of the said estates of this present parliament, ratify, approve and for ever confirm the charters and infeftments following, namely: a charter of alienation made and granted by the late James Fawsyde, then apparent heir of that Ilk, heritable proprietor of the lands underwritten, and Master Robert Fawsyde of that Ilk, life-renter of the same, with advice and consent of certain persons therein mentioned, to the late Master John Laing of Spittell, keeper of his majesty's signet, and Rebecca Denniston, his spouse, in liferent, and to the said Sir Andrew Hamilton of Redhouse, knight, and the late Dame Jean Laing, his spouse, in conjunct fee and their heirs and assignees therein mentioned, of all and whole one of their two husband lands lying in the town and territory of Ballencrieff called Wester Bissetleys, of the date 23 and 26 November 1609, together with his majesty's confirmation made under the great seal of the date 28 April 1610, ratifying and confirming the foresaid charter of alienation; and another charter of confirmation and infeftment granted by his majesty under the great seal of the date 19 November 1612, ratifying and approving an instrument of sasine granted by the said late Master John Laing of Spittell, of all and sundry the lands of Redspittell, alias Wester Redspittell, and lands of Easter Spittell, and lands of Coittis with manor places, towers, fortalices, houses, buildings, yards, orchards, dovecots, mill, mill-lands, meadows, outsets, tofts, crofts, parts, pendicles, annexes, connexes and all their pertinents, and diverse other charters, infeftments and securities of the said lands and others foresaid conceived in favour of the said Sir Andrew Hamilton, his said spouse and heirs between them, which failing, the nearest lawful heirs of the said Sir Andrew and his assignees whatsoever; and also containing a new gift and disposition whereby his majesty has of new given, granted, conveyed and confirmed to the said Sir Andrew Hamilton and the late Dame Jean Laing, his spouse, in conjunct fee and to their heirs and assignees therein mentioned heritably all and sundry the said lands of Easter Spittell with the pertinents foresaid; and also another charter and infeftment granted by his majesty under the great seal to the said Sir Andrew Hamilton, his male heirs and assignees whatsoever, of all and whole the half of the lands and mains of Ballencrieff sometime pertaining to John Borthwick, portioner of Ballencrieff, with the corn mills built thereupon, multures and sequels of the same, with mansions, yards, dovecots, meadows, parts, pendicles and whole pertinents thereof, of the date 29 June 1616, bearing the same lands to be held of his majesty in free blench, together with the act of dissolution made in favour of the said John Borthwick relating thereto in the parliament held at [...], upon the [...] day of [...] 1592; and also the decreet of the lords of council given in favour of the said Sir Andrew Hamilton against his majesty's comptroller, treasurer and advocate upon the [...] day of March last 1617, whereby the letters raised at the instance of his majesty's comptroller, treasurer and advocate for payment of a certain feu duty acclaimed out of the said half lands of the mains of Ballencrieff are simply suspended in all and sundry points, passes, heads, clauses, provisions and conditions therein contained, with all that has followed thereupon; and declare and ordain this present ratification to be as good, valid, effectual and sufficient to the said Sir Andrew, his heirs and assignees therein mentioned as if the foresaid charters and decreets word for word had been expressed and set down herein, and that notwithstanding whatsoever law, statute, act or ordinance made or to be made in the contrary. [1617/5/69]*Ratification to Sir Patrick Murray [of Langshaw] Our sovereign lord and estates of this present parliament ratify and approve the letters of gift and pension made and granted by his majesty under his highness's privy seal, with advice and consent of his highness's treasurer, comptroller, collector and treasurer of his highness's new augmentations of the kingdom of Scotland, to his majesty's beloved Sir Patrick Murray of Langshaw, knight, eldest lawful son and apparent heir to his highness's trusty and well-beloved councillor, Sir Gideon Murray of Elibank, knight, his highness's treasurer depute, in pension yearly during all the days of his lifetime of the sum of £100 sterling money yearly to be uplifted by the said Sir Patrick during all the days of his lifetime of the readiest of his highness's proper rents and casualties of the said kingdom of Scotland from his highness's treasurers, comptrollers and collectors of the said kingdom of Scotland, present and to come, at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, of the date at Theobalds, 21 September, the year of God 1615, in all and sundry points, passes, heads, articles, clauses, conditions and circumstances whatsoever therein contained after the form and tenor thereof, with all that has followed or may thereupon. Likewise his majesty and estates foresaid will, grant, decree and declare that this present ratification of the letters of gift and pension above-written is and shall be as valid, effectual and sufficient in all respects as if the same letter of gift and pension were at length and word by word inserted and engrossed herein, notwithstanding the non-inserting thereof, concerning which, his majesty and estates foresaid have dispensed and by the tenor hereof dispenses for ever. And further our said sovereign lord and estates foresaid will and declare that the said Sir Patrick Murray of Langshaw, knight, shall peaceably hold, enjoy and possess the yearly pension above-written during the said space of his lifetime, notwithstanding whatsoever act of parliament whereby gifts and pensions conveyed by his majesty out of his highness's property annexed, or others of his highness's casualties, are declared null and ineffectual, which shall make no derogation to the letters of gift and pension above-written. Likewise his majesty and estates foresaid will and declare that this act shall be an effectual and lawful dissolution to the effect above-specified and also to this effect: that his majesty may of new give and convey the yearly pension above-written to the said Sir Patrick Murray of Langshaw, knight, during all the days of his lifetime in manner above-mentioned. [1617/5/70]*Ratification to John Murray of Lochmaben and [Sir Robert Gordon], laird of Lochinvar Our sovereign lord and estates of this present parliament, understanding that his majesty, after his highness's lawful and perfect age and general revocation declared in parliament, and after the annexation of the kirklands within this realm of Scotland to his highness's crown, with consent of his highness's officers of state for the time, by his majesty's infeftment under his highness's great seal, gave, granted and conveyed to James Douglas of Pinwherrie, his heirs and assignees whatsoever all and sundry the lands, fishings and others particularly underwritten, namely: the two merk and half merk land of Suffok, the five merk land of Ernambrie, the five merk land of Auchendolly, the five merk land of Largneane, and the two merk land with the half merk land of Ernfillan, the five merk land of Culgruff, the five merk land of Crodell, the five merk land of Airds, the five merk land of Mollance, the five merk land of Hillintoun, the five merk land of Clarebrand, the ten merk land of Crofts, the five merk land of Glengopoke, all lying within the stewartry of Kirkcudbright; all and whole the salmon fishing in the water of Nith belonging to the provostry of Lincluden lying within the barony of Drumsleet and stewartry foresaid; all and whole the mains of Greenlaw, with the kane peat and bondage works of the barony of Crossmichael, with due services of the same barony and with all their pertinents lying in the same barony and stewartry foresaid; the six merk land of the mains of Lincluden, with the manor place, woods, yards, meadow of the same and all their pertinents; the six merk land of Crochan; the mill of Staikfurde with the mill lands and their pertinents; the mill of Terraughtie with the mill lands and pertinents of the same; the meadow of Clunie lying within the said barony of Drumsleet and stewartry of Kirkcudbright foresaid; all and whole the five merk land of Drinsbie; the ten merk land of Chapelerne lying within the barony of Crossmichael and stewartry foresaid, together with all and sundry towers, fortalices, manor places, mills, woods, fishings, yards, orchards, parts, pendicles, annexes, connexes, tenants, tenancies, services of free tenants, of all and sundry the foresaid lands, mills and meadows, with their pertinents, together with the advocation, donation and right of patronage of the kirk of Glencarne, parsonage and vicarage thereof, which all and sundry the lands and others above-specified are by virtue of the said infeftment united, created and incorporated in a whole and free barony called the barony of Crossmichael to be held of our said sovereign lord and his successors in feu ferm, heritage and free barony for ever, for payment yearly to his highness and his successors of the feu mails and other duties contained in the said infeftment granted to the said James Douglas and his foresaids thereupon. By the which infeftment, the feu mails and duties of the lands and others foresaid were reserved to the late Master Robert Douglas, then provost of Lincluden, during all the days of his lifetime, and after his death to William Douglas, now of Drumlanrig, as successor to the said late Master Robert Douglas in the said provostry of Lincluden, so that the first term's payment of the said feu mails and duties of the lands and others foresaid to his majesty and his successors was appointed to begin at the term of Whitsunday [May/June] or Martinmas [11 November] next, and immediately following the day of the death of the said late Master Robert Douglas and of the said William Douglas of Drumlanrig, and of the longest liver of the two, when it should happen only, as the said infeftment of the date at Holyroodhouse, 2 April, the year of God 1588 at more length purports. And likewise his majesty and estates foresaid, understanding that his highness by virtue of his other infeftment under the great seal after his said lawful and perfect age, general revocation and making of the said act of annexation, with advice and consent of his highness's officers of state for the time, gave, granted and conveyed to the said James Douglas of Pinwherrie, his heirs and assignees whatsoever, all and sundry the lands and others particularly after-specified, namely: the five merk land of Little Dryburgh, the five merk land of Drumjarg, the five merk land of Ernfillan, the five merk land of Erncraig, the five merk land of Blairinnie, the five merk land of Meikle Dryburgh, the five merk land of Chapmanton, the five merk land of Blackerne, the five merk land of Ernemunyie, the five merk of Culnaightrie, the corn-mill of Crossmichael, the five merk land of Garranton, the two merk with the half merk land of Blackpark, all lying within the barony of Crossmichael and stewartry of Kirkcudbright foresaid; the fifteen shilling land of Staikfurde, the forty shilling land of Newton, the merk land of Clunie and Skellingholme, the six merk land of Terraughtie, the six merk land of Drumganis, the five merk land of Troqueer, the merk land of Stotholme, the five merk land of Nunland, the five merk land of Crufestanes, the six merk land of Holme, the twenty shilling land of Maryholme, the four merk land of Nunholme, all lying within the foresaid barony of Drumsleet and stewartry above-written, together with all castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenancies, feu ferms, kanes, customs, services, casualties and other commodities whatsoever, of all and sundry the lands and mills above-specified with their pertinents to be held of our said sovereign lord and his successors in free blench for the yearly payment of the sum of 100 merks money foresaid at two terms in the year, Whitsunday and Martinmas in winter, by equal portions in name of blench ferm only, with express reservation always of all and sundry the feu ferms, mails, duties, services and other casualties of the whole foresaid lands, mills and others above-specified with their pertinents to the said late Master Robert Douglas, provost of Lincluden for the time, and to the said William Douglas, now of Drumlanrig, his successor in the said provostry of Lincluden, and of the longest liver of the two during all the days of their lifetimes, as the said infeftment of the date at Holyroodhouse, 2 April, the year of God 1588 at more length bears. And likewise his majesty and estates foresaid, understanding that his majesty by his highness's infeftment under the great seal, with consent of the late Sir John Arnott of Birswick, knight, general receiver for the time, depute by his majesty of his highness's rents and casualties of the kingdom of Scotland, and of the lords of his highness's secret council of the same kingdom, his highness's commissioners, gave, granted and conveyed to his highness's trusty and well-beloved Sir Robert Gordon of Lochinvar, knight, and John Murray of Lochmaben, one of the grooms of his majesty's bed chamber, equally between them, their heirs and assignees whatsoever heritably all and sundry the lands and others particularly above-specified contained in the anterior infeftments respectively above-mentioned, with their castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenancies, service of free tenants, feu ferms, mails, kanes, customs, services, casualties and other commodities whatsoever, of all and sundry the lands, mills, meadows, fishings and others particularly above-expressed pertaining to his highness through the process and doom of forfeiture orderly led and prosecuted against William Douglas, son and apparent heir to the said James Douglas of Pinwherrie, who was also designed of Beatfurd, who was provided by the said James Douglas of Pinwherrie to the heritable right of the lands and others foresaid; and likewise pertaining to his majesty and become in his highness's hands through the resignation made by the said James Douglas of Pinwherrie, alias Beatfurd, of the lands and others above-specified in the hands of the said lords of his highness's secret council of the said kingdom of Scotland, his majesty's commissioners, in favour of the said Sir Robert Gordon and John Murray; and for the said new infeftment made and granted to them of the same by his majesty under his highness's great seal foresaid to be held of his highness and his successors in fee and heritage for payment of the feu ferms, mails, duties, rights and services of the lands and others foresaid with the pertinents customary to his majesty and his predecessors before the said resignation, as the said infeftment of the date at Edinburgh, 19 December, the year of God 1611 more fully purports. And in the same manner his majesty and estates foresaid, understanding that his highness by his majesty's infeftments under his highness's great seal, with consent of his highness's trusty and well-beloved councillor Sir Gideon Murray of Elibank, knight, his highness's treasurer, comptroller, collector and treasurer of his highness's new augmentations, depute by his majesty of the said kingdom of Scotland, and of the remaining lords of his highness's secret council of the same kingdom, his majesty's commissioners, gave, granted and conveyed to the said Sir Robert Gordon of Lochinvar, knight, and John Murray of Lochmaben, equally between them, their heirs and assignees, all and whole the foresaid five merk land of Little Dryburgh, the five merk land of Drumjarg, the five merk land of Ernfillan, the foresaid five merk land of Erncraig, the foresaid five merk land of Blairinnie, the foresaid five merk land of Meikle Dryburgh, the foresaid five merk land of Chapmanton, the foresaid five merk land of Blackerne, the foresaid five merk land of Ernmingyie, the foresaid five merk land of Culnaightrie, the corn mill of Crossmichael, the foresaid five merk land of Garranton, the foresaid two merk and half merk land of Blackpark, the foresaid fifteen shilling land of Staikfurd, the foresaid forty shilling land of Newton, the foresaid merk land of Clunie and Skellingholme, the foresaid six merk land of Terraughtie, the foresaid six merk land of Drumganis, the foresaid five merk land of Troqueer, the foresaid merk land of Stotholme, the foresaid five merk land of Nunland, the foresaid five merk land of Crufestanis, the foresaid six merk land of Holme, the foresaid twenty shilling land of Maryholme, the foresaid four merk land of Nunholme, all lying as said is, together with all their castles, towers, fortalices, manor places, houses, buildings, orchards, mills, yards, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenancies and feu ferms, kanes, customs, services, casualties and other commodities of the same whatsoever pertaining to his majesty and being at his highness's gift and disposition through the resignation and demission of the same made by the said William Douglas of Drumlanrig as provost of the said provostry of Lincluden, with consent of the prebendars of the said college kirk of Lincluden for their interest, to be held of his highness and his successors in free blench for payment yearly of the sum of 100 merks money foresaid yearly at the feast of Whitsunday in name of blench ferm only, as the said infeftment of the date at Theobalds in England, 19 September, the year of God 1616 at more length bears. And also his majesty and estates, understanding that the said Sir Robert Gordon of Lochinvar, knight, and John Murray of Lochmaben by their letters obligators containing a procuratory of resignation are bound and obliged to resign, surrender, give up and give over all and sundry the lands and others particularly above-expressed contained in the infeftments respectively above-rehearsed, with all their parts, pendicles and pertinents above-written, except the foresaid five merk land of Airds, together with the advocation, donation and right of patronage of the said parish kirk of Glencairne, parsonage and vicarage thereof, which were conveyed by them of before in favour of the said William Douglas of Drumlanrig and his heirs in the hands of our said sovereign lord and his successors or in the hands of the said lords of his highness's secret council of the said kingdom of Scotland, his majesty's commissioners, for new infeftment of the same to be made and granted by his majesty under his highness's great seal to the said Sir Robert Gordon, his male heirs and assignees heritably of all and sundry the lands and others after-specified, namely: of all and whole the foresaid two merk land and a half merk land of Suffok, the foresaid five merk land of Ernambrie, the foresaid five merk land of Auchendolly, the foresaid five merk land of Largneane, the foresaid two merk land and a half merk land of Ernfillan, the foresaid five merk land of Culgruff, the foresaid five merk land of Croddell, the foresaid five merk land of Mollance, the foresaid five merk land of Hillintoun, the foresaid five merk land of Clarebrand, the†foresaid ten merk land of Crofts, the foresaid five merk land of Glengopok, all and whole the foresaid lands and mains of Greenlaw, with the kane peats and bondage works of the said whole barony of Crossmichael and due services of the same barony and all their pertinents, all and whole the foresaid five merk land of Ernisbie, the foresaid ten merk land of Chapelerne, the foresaid two merk and a half merk land of Clarebrand with parts, pendicles and pertinents of the same whatsoever, together with the foresaid advocation, donation and right of patronage of the parish kirk of Crossmichael, parsonage and vicarage thereof, the foresaid five merk land of Little Dryburgh, the foresaid five merk land of Drumjarg, the foresaid five merk land of Ernfillan, the foresaid five merk land of Erncraig, the foresaid five merk land of Blairinnie, the foresaid five merk land of Meikle Dryburgh, the foresaid five merk land of Chapmanton, the foresaid five merk land of Blackerne, the foresaid five merk land of Erneminyie, the foresaid five merk land of Culnaightrie, the foresaid corn mill of Crossmichael, the foresaid five merk land of Garranton, the foresaid two merk land and a half merk land of Blackpark with all and sundry their castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenancies, service of free tenants, feu ferms, kanes, customs, services, casualties and all other commodities of all and sundry the lands, mills, woods, fishings and others immediately above-rehearsed; and for new infeftment to be made and granted by his majesty under his great seal to the said John Murray of Lochmaben, his heirs and assignees whatsoever heritably of all and sundry the lands and others above and after-specified, namely: of all and whole the foresaid six merk land of the mains of Lincluden, with the manor place, woods, yards, meadow and their pertinents, the foresaid six merk land of Throchane, alias Carnihan, with the said mill of Staikfurde, mill lands and pertinents thereof, the foresaid meadow of Clunie, the foresaid fifteen shilling land of Staikfurd, the foresaid forty shilling land of Newton, the foresaid merk land of Clunie and Skellingholme, the foresaid six merk land of Terraughtie, the foresaid six merk land of Drumganis, the foresaid five merk land of Troqueer, the foresaid five merk land of Stotholme, the foresaid five merk land of Nunland, the foresaid five merk land of Crufstanes, the foresaid six merk lands of Holme, the foresaid twenty shilling land of Maryholme, the foresaid four merk land of Nunholme, and all and whole the foresaid salmon fishing upon the water of Nith pertaining to the said provostry of Lincluden, with all and sundry castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenancies, service of free tenants, feu ferms, kanes, customs, services, casualties and all other commodities of all and sundry the lands, mills, woods, fishings and other immediately above-written, as the said letters obligators containing the said procuratory of resignation of the date at Theobalds in England, 20 December, the year of God 1616, at more length purports; according to the which letters obligators and procuratory of resignation therein contained, the said Sir Robert Gordon of Lochinvar, knight, and John Murray of Lochmaben are infeft, at the least are to be infeft and seised by his majesty's infeftments under his highness's great seal in the particular lands and others above-specified contained in the said letters obligators, and by virtue of their resignations made or to be made of the same in others favour as said is. Therefore our said sovereign lord and estates of this present parliament, for the good, true and thankful service done to his majesty and his most noble progenitors by the said Sir Robert Gordon of Lochinvar, knight, and John Murray of Lochmaben and their predecessors well known to his majesty and estates foresaid, ratify and approve the foresaid infeftments granted by his majesty to the said Sir Robert Gordon of Lochinvar, knight, and John Murray of Lochmaben, equally between them, their heirs and assignees of all and sundry the lands and others particularly above-mentioned therein contained, together with the foresaid letters obligators and procuratory of resignation mentioned in the same made by the said Sir Robert Gordon and John Murray of the lands and others respectively foresaid for new infeftments thereof to be granted to the said Sir Robert Gordon and John Murray, their heirs and assignees therein specified, proportionally for their own parts as is before divided, together with all infeftments passed, or to be passed, in favour of the said Sir Robert Gordon and John Murray or their foresaids proceeding upon the said letters obligators and procuratory of resignation therein contained, in all and sundry conditions, heads, articles and clauses mentioned in the same, after the form and tenor thereof, with all that has followed or may follow thereupon; likewise his majesty and estates foresaid declare that this present conformation of the infeftments, other rights and securities foresaid is and shall be as valid, effectual and sufficient in all respects as if the same were at length word by word engrossed herein. And further our said sovereign lord and estates foresaid have now dissolved and dissolve all and sundry the lands and others particularly above-expressed with all their parts, pendicles and pertinents above-rehearsed from his highness's crown and patrimony thereof and from all acts and statutes of parliament made by his majesty, or any of his highness's most noble progenitors, annexing the same lands and others above-specified to his highness's crown, and that to this effect following, namely: that his majesty may of new give, grant and convey to the said Sir Robert Gordon of Lochinvar, knight, his male heirs and assignees heritably all and sundry the lands above and after-specified with their pertinents, namely: all and whole the foresaid two merk and a half merk land of Suffok, the foresaid five merk land of Ernambrie, the foresaid five merk land of Auchendolly, the foresaid five merk land of Largneane, the foresaid two merk land and a half merk land of Ernfillan, the foresaid five merk land of Culgruff, the foresaid five merk land of Crodell, the foresaid five merk land of Mollance, the foresaid five merk land of Hillingtoun, the foresaid five merk land of Clarebrand, the foresaid ten merk land of Crofts, the foresaid five merk land of Glenpook, all and whole the foresaid lands and mains of Greenlaw with the kane peats and bondage works of the said whole barony of Crossmichael and due services of the same barony and all their pertinents, all and whole the foresaid five merk land of Ernisbie, the foresaid ten merk land of Chapelerne, the foresaid two merk and a half merk land of Clarebrand with parts, pendicles and pertinents of the same whatsoever, to be held of our said sovereign lord and his successors in feu ferm for the yearly payment to his highness and his successors of the sum of £213 6s 8d usual money of this realm of Scotland at two terms in the year, Whitsunday and Martinmas in winter, by equal portions in name of feu ferm; and also the male heirs of the said Sir Robert Gordon doubling the said feu ferm the first year of their entry to the lands and others foresaid as use is of feu ferm only; and also to the effect that his majesty may give, grant and convey to the said Sir Robert Gordon, his male heirs and assignees heritably all and whole the foresaid five merk land of Little Dryburgh, the foresaid five merk land of Drumjarg, the foresaid five merk land of Ernfillan, the foresaid five merk land of Erncraig, the foresaid five merk land of Blairinnie, the foresaid five merk land of Meikle Dryburgh, the foresaid five merk land of Chapmanton, the foresaid five merk land of Blackerne, the foresaid five merk land of Ernemungyie, the foresaid five merk land of Culnaightrie, the foresaid corn mill of Crossmichael, the foresaid five merk land of Garranton, the foresaid two merk and a half merk land of Blackpark with all their parts, pendicles and pertinents above-specified, together with the advocation, donation and right of patronage of the said parish kirk of Crossmichael, parsonage and vicarage thereof, to be held of our said sovereign lord and his successors in free blench for payment of the sum of £40 money foresaid yearly at the feast of Whitsunday in name of blench ferm only. And likewise to the effect that his majesty may of new give, grant and convey to the said John Murray, his heirs and assignees heritably all and sundry the lands and other above and after-specified, namely: all and whole the foresaid six merk land of the mains of Lincluden with the manor place, woods, yards, meadow and their pertinents, the foresaid six merk land of Throchan, alias Carnihane, with the said mill of Staikfurde, mill lands and pertinents thereof, the said mill of Terraughtie, with the mill lands and pertinents thereof, the said meadow of Clunie, all and whole the foresaid salmon fishing upon the water of Nith pertaining to the said provostry of Lincluden, with their parts, pendicles and pertinents, to be held of our said sovereign lord and his successors in feu ferm for the yearly payment for the lands immediately above-specified of the sum of £40 money foresaid, and for the said fishing in the water of Nith pertaining to the said provostry of Lincluden, the sum of 10 merks money above-written at two terms in the year, Whitsunday and Martinmas in winter, by equal portions in name of feu ferm; and also the heirs of the said John Murray doubling the said feu ferm the first year of their entry to the lands and others immediately above-written as use is of feu ferm only. And likewise to the effect that his majesty may give, grant and convey to the said John Murray, his heirs and assignees heritably all and whole the foresaid fifteen shilling land of Staikfurde, the foresaid forty shilling land of Newton, the foresaid merk land of Clunie and Skellingholme, the foresaid six merk land of Terraughtie, the foresaid six merk land of Drumganis, the foresaid five merk land of Troqueer, the foresaid five merk land of Stotholme, the foresaid five merk land of Nunland, the foresaid five merk land of Crufestanis, the foresaid six merk land of Holme, the foresaid twenty shilling land of Maryholme, the foresaid four merk land of Nunholme, with all their parts, pendicles and pertinents, to be held of our said sovereign lord and his successors in free blench for payment of the sum of 40 merks money above-written yearly at the feast of Whitsunday in name of blench ferm only. And because by virtue of the said act of annexation of the kirklands to the crown made in the month of July, the year of God 1587, the said William Douglas, now of Drumlanrig, has right reserved to him during all the days of his lifetime as being provided to the said provostry of Lincluden in and to the whole ferms, mails, kanes and other duties of all and sundry the lands and others above-expressed, which pertained of before to the said provostry of Lincluden as a part of the temporality and patrimony thereof, therefore our said sovereign lord and estates foresaid find, declare, decree and ordain that the said Sir Robert Gordon and John Murray, their heirs and successors are and shall be exonerated and discharged, likewise his majesty and estates foresaid exonerate and discharge the said Sir Robert Gordon and John Murray and their foresaids of all and sundry the feu ferms, mails and other duties above-specified contained in their infeftments of the lands and others respectively above-expressed, with their pertinents, during all the days of the lifetime of the said William Douglas of Drumlanrig as provost of the said college kirk of Lincluden. [1617/5/71]*Act in favour of John Murray [of Lochmaben] regarding the erection of Holywood Our sovereign lord and estates of this present parliament, remembering the good, true, thankful and faithful service done by his highness's trusty and well-beloved familiar servant, John Murray of Lochmaben, not only in his highness's private and particular service from his majesty's infancy to his highness's preferment to the kingdom of England, France and Ireland, and continually since then in attending upon his highness's most sacred person at all times and occasions, but also in the public affairs of this realm of Scotland entrusted to the said John greatly tending to the common benefit, peace and tranquillity of the same and lieges thereof, which service is sufficiently known, verified and tried by his majesty and whole estates of this present parliament to have been very profitable to his majesty, this realm of Scotland and lieges thereof, therefore our said sovereign lord and estates of this present parliament have dissolved, likewise his majesty and estates foresaid dissolve all and sundry lands, baronies, castles, towers, fortalices, manor places, mills, multures, woods, fishings, annualrents, kanes, customs, casualties, emoluments and duties whatsoever of the temporality of the abbacy of Holywood from the act of annexation made in the parliament held at Edinburgh, 29 July, the year of God 1587, annexing the temporality of all benefices within this realm to the patrimony of his highness's crown, together with the parish kirks of Holywood, Dunscore, Penpont, Tynron and Kirkconnell, lying within the sheriffdom of Dumfries, parsonages and vicarages thereof, with all and sundry teinds, fruits, rents, emoluments and duties pertaining and belonging thereto from the said abbacy of Holywood and benefice thereof, to which the same pertains and pertained of old as a part of the patrimony thereof, to the effect that his majesty may give, grant and convey to the said John Murray of Lochmaben, his heirs and assignees heritably all and sundry the particular lands, baronies, castles, towers, fortalices, manor places, mills, multures, woods, fishings, annualrents, kanes, customs, casualties, emoluments and duties whatsoever pertaining and belonging to the temporality of the said abbacy of Holywood; together with all and sundry the teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever of the parish kirks and parishioners respectively above-specified, parsonages and vicarages thereof, and with all right, title, interest and claim of right which his majesty, his highness's predecessors or successors had, has or in any way may have or claim thereto, or any part thereof, by any manner of way in time coming; and also to the effect that the same may be united, erected, created and incorporated in a whole and free barony to be called now, and in all time coming, the barony of Holywood; and likewise to the effect that the said abbacy or monastery of Holywood may be suppressed and extinguished perpetually in all time coming, and that no person, nor persons, be provided thereto in no time hereafter, renouncing and discharging all right and title which his majesty or his successors had, has or may have or pretend in and to the thirds of the fruits of the said abbacy by whatsoever rights, acts of parliament or laws of this realm; discharging his highness's collectors present and to come of all uplifting of the said thirds simply and for ever, revoking, discharging and annulling all pensions conveyed out of the thirds of the said abbacy in any time bygone, and declaring the same to be null in all time coming; and willing and granting that no monks' portions be uplifted out of the same, which his majesty, for his highness and his successors, renounces and discharges simply and for ever; and ordaining the place of Holywood within the precinct thereof to be the principal messuage of the said barony for taking of sasine thereat in all time hereafter, and that the same sasine shall be sufficient for all and sundry lands, baronies, mills, multures, woods, fishings, castles, towers, fortalices, manor place, annualrents and others foresaid which pertained to the temporality of the said abbacy of Holywood, together with all and sundry the teind sheaves and other teinds, fruits, rents, emoluments and duties whatsoever of the parish kirks and parishioners respectively above-specified, parsonages and vicarages thereof, and for every part of the same without any other special or particular sasine to be taken at any other part thereof, notwithstanding that they lie not adjacent together, to be held of our said sovereign lord and his successors in free blench, free heritage and free barony for ever, paying for that yearly the said John Murray, his heirs and assignees foresaid to our said sovereign lord and his successors the sum of £20 usual money of the realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm only; and also the said John Murray and his foresaids paying to the ministers present and to come serving the cure at the kirks respectively above-mentioned the yearly duties and stipends to be modified by the commissioners according to the commission made and granted by his majesty and estates to that effect; and also the said John Murray and his foresaids building, beating, repairing and upholding the said kirks respectively and choirs thereof, and furnishing the elements of bread and wine to the celebration of the communion within the said kirks, and paying all taxations and impositions imposed, or to be imposed, upon the same kirks, teinds, fruits and rents thereof, and relieving the said ministers, present and to come, of the same in all time coming. [1617/5/72]*Ratification to the old college of Aberdeen Our sovereign lord, with advice and consent of the estates of this present parliament, remembering and calling to mind the manifold acts of parliament made by his majesty and his highness's predecessors of worthy memory in favour of the old universities within this realm, which are the seminary of the kirk and policy within the same, and his majesty being moved with fervent zeal of the propagation and advancement of religion and with an earnest love of the increase of the policy, and having therewith a special regard to the education and upbringing of the youth and specially within the north parts of this realm, whereof our said sovereign lord, his college of and university of old Aberdeen has been special instructors, and understanding that the same was of old founded by King James IV of worthy memory, and gifted by him and certain others of his majesty's subjects with the kirks and lands following mortified and united thereto, namely: the parsonage and vicarage of Aberluthnott, the parsonages and vicarages of Glenmuick and Glengarden, the parsonages and vicarages of Slains, the parsonage and vicarage of Snaw, the parsonage and vicarage of Auchindoir, the vicarage of Tullynessle, the half town and lands of Drumlugies, the town and lands of Adiell, Balnakettle, Collynie and Andet, Berryhill, Mundurno, certain crofts lying in the territory of new Aberdeen, an annualrent of £20 yearly out of the barony of Belhelvie, 19 merks out of the king's waters of Banff, £12 6s 8d yearly out of the lands of Ord, Monbrae, Blairshinnoch, and certain other adjacent lands in Boyne, an annualrent of £5 out of the lands of Udoche, an annualrent of £4 yearly out of the lands of Petty, the lands of the hospital of St Germains, with the whole fruits, rents and duties belonging thereto wherever the same be or lies within this realm, the lands whereupon the said college is founded with the yards and crofts of the same with the manse, yards and crofts of the professor of ecclesiastical law, professor of civil law, professor of medicine and grammarian, with certain other chaplainries, lands and annualrents specified and contained in the old foundation of the said college, charters and donation of the same; as likewise that our said sovereign lord, having respect that the means of the said rent was not able to maintain the members of the said university as the same was first founded, therefore he himself of his majesty's princely liberality, love and affection which he had to learning and increasing of virtue and letters within this realm gave and conveyed to the said university the kirks, teinds, lands and annualrents after-specified, namely: all and whole the parsonage and vicarage of St Mather, called the deanery of the cathedral kirk of Aberdeen, with the whole lands, teinds, fruits, rents, emoluments and duties pertaining and belonging thereto, all and whole the parsonages and vicarages of Methlick, Forvie, Peter Kirk, called Spital, or the subchantry of Aberdeen, with the whole manses, glebes, lands, rents and duties of the said kirks respectively, all lying within the diocese of St Andrews and Aberdeen respectively, together also with all and sundry kirklands, teinds, annualrents, feu ferms, manses, glebes, houses, buildings, yards and other fruits, rents and emoluments which pertained to the friars Carmelites of Banff, the chaplainries of Westhall and Folleroule, the chaplainry of St Magdalene, with all and sundry kirklands, teinds, annualrents, feu ferms, manses, glebes, houses, buildings, yards and other fruits, rents, emoluments and duties whatsoever which appertained to the said chaplainry or to the old chaplain of the said university, together with all other lands, buildings, revenue, teinds, annualrents, feu ferms, titles, rights, jurisdictions and others whatsoever pertaining and indebted to the said college, masters, regents, bursars or members thereof, either given by our said sovereign lord, his predecessors or by himself, whatever it be, and with the consent of his majesty's regents, his highness's council or any other, or by the Bishop of Aberdeen of good memory, or by any other granted and given at any time of before, of whatsoever the said college possesses, has possessed or in any way might possess, as in his majesty's donation, gift and disposition thereof at more length is contained. And his majesty, continuing now still in the said good affection, love of learning and virtuous education of the youth, and being willing by all means possible so far as lies in his majesty's power to promote virtue, advance the said college and corroborate the rights and titles thereof, so that the same may the more and more flourish in learning, discipline and good manners, therefore his highness, with advice and consent of the said estates and whole body of this present parliament, ratifies, allows, approves and confirms the foresaid whole foundations and donations gifted and granted to the said college and university, with all privileges, immunities, exemptions, jurisdictions, freedoms and liberties of the same, in all and sundry the heads, points, articles, clauses and circumstances thereof whatsoever after the forms and tenors of the same; and wills, grants and declares that the said university shall enjoy the same, intromit with and uplift the whole lands, teinds, fruits, rents, annualrents, chaplainries and others whatsoever above-specified pertaining and belonging thereto, and also all other privileges, immunities, freedoms and exemptions which any time the said college and university or any other college or university within this realm possesses and enjoys, or has possessed and enjoyed in any time bygone. And because the deanery and subchantry of Aberdeen, with the parsonage of Methlick, are now united, annexed and incorporated to the said university, and that the principal of the said college has diverse years bygone served the cure of the said kirk of St Machar pertaining to the said deanery and has exercised the said office, and his majesty being in no way willing that the said chapter be hurt, impaired or frustrated of any of the old members or privileges thereof, therefore his highness, with advice foresaid, statutes and ordains that the principal of the said college shall, in all time coming, be dean of Aberdeen, and that the subprincipal shall be subchanter of Aberdeen, and that a qualified regent of the said college shall sit in the said chapter and have vote as parson of Methlick, which regent shall be elected and nominated out of the number of the said regents by the present [Alexander Forbes], bishop of Aberdeen and his successors, providing always the said college make a sufficient stipend and provision to the minister actually serving the cure at the said kirk. [1617/5/73]*Ratification to the new college of Aberdeen Our sovereign lord, understanding that the late Master Duncan Liddell, doctor of medicine, for the love and favour which he bore to poor students and bursars within his native country and for increase of letters and literature within the same, founded and mortified all and whole the town and lands of Pitmedden with salmon fishes, mosses, parts, pendicles and pertinents thereof lying within the parish of Dyce and sheriffdom of Aberdeen, together with the teind sheaves of the said lands to have been united, annexed and incorporated therewith, and to that effect dissolved from the parsonage of Kinkell to which the said teinds did appertain; likewise Master John Walker, parson of Kinkell, for furtherance of the said good and charitable work, with consent of a right reverend father John [Spottiswood], archbishop of St Andrews, by their procurators resigned the said teind sheaves in his majesty's hands to the effect underwritten, which whole lands and teinds were acquired by the said late Master Duncan upon his own charges and with his own money to the intent he might have founded and mortified the same for the sustentation and upbringing of six bursars in the college of Aberdeen; and because the said late Master Duncan was prevented by death before the said teinds were resigned in his majesty's hands, and the said mortification formerly perfected and ended, therefore his majesty, being careful that so godly and so charitable a work should not remain unperfected and want the laudable end to which the same was destined by the said late Master Duncan, author thereof, has, with the advice of the estates of this present parliament, dissolved from the said parsonage of Kinkell all and whole the teind sheaves of the said lands of Pitmedden, with the parts, pendicles and pertinents thereof, to remain separate from the said parsonage in all time coming, and unites, annexes and incorporates the said teind sheaves with the said lands of Pitmedden with the parts, pendicles and pertinents thereof, to remain therewith unseparated or divided therefrom in any time coming, to the effect that the said whole lands, fishings and others above-specified with the teind sheaves thereof therein included may be founded and mortified to the sustentation of the said bursars according to the will and letter of mortification and procuratory of resignation of the said teinds in all points. Likewise his majesty, with consent foresaid, ratifies, approves and confirms the said charter of mortification to be issued according to the will and mind of the said late Master Duncan Liddell in all points, as if the same was already perfected and issued, which his majesty wills and declares shall be a sufficient right and security to the said six bursars for possessing and enjoying of the fruits of the said lands, teinds and fishings, and their patrons and overseers appointed by the said late Master Duncan for doing and observing of such charges and burdens as are committed to them by the said mortification in all time coming. And his majesty ordains the whole conditions contained in the said mortification to be observed and kept and inserted in the charter to be extended thereupon, which whole provisions and conditions his majesty likewise, with advice foresaid, ratifies and confirms. [1617/5/74]*Ratification to Sir Henry Wardlaw [of Pitreavie] Our sovereign lord, with advice and consent of his highness's whole estates of this present parliament, ratifies, approves and confirms the charter and infeftment made by his majesty to Sir Henry Wardlaw of Pitreavie, knight, his heirs and assigns whatsoever heritably of all and sundry the lands of Pitreavie, with manor place, houses, buildings, orchards, yards, dovecot, parts, pendicles and all their pertinents whatsoever lying within the sheriffdom of Fife, of the date 27 May 1614, in all and sundry heads, articles, circumstances, points, clauses and conditions thereof, according to the tenor of the same in all points; and decrees and ordains this present ratification to be as sufficient to the said Sir Henry and his foresaids as if the said charter was herein word by word engrossed and inserted; concerning which, his majesty, with advice foresaid, has dispensed and dispenses for ever by this act. [1617/5/75]*Ratification to Sir Henry Wardlaw [of Pitreavie] and James Baillie [of Lochend] Our sovereign lord and estates of this present parliament ratify and approve the letters of pension underwritten, the one thereof granted by his majesty to Sir Henry Wardlaw of Pitreavie, knight, giving to him yearly during his lifetime the sum of £1,000 Scots money to be uplifted yearly out of the readiest of his majesty's rents, either property or casualty, within the said kingdom, as the said letter of pension of the date at Theobalds, 20 September 1615, at more length bears; and the other granted by his majesty to James Baillie of Lochend, giving to him yearly during his lifetime the sum of another £1,000 money foresaid to be yearly uplifted also out of his majesty's proper rents and casualties of the said kingdom, as the said letter of pension of the date at Whitehall, 6 November the year of God 1615 at more length bears; in all and sundry heads, articles, clauses and contents thereof after the form and tenor of the same in all points. And our said sovereign lord and estates foresaid will and grant that this present ratification of the said pensions is and shall be as sufficient and valid to the said persons as if the foresaid letters of pension were word for word at length inserted in this present act; concerning which, his majesty and estates foresaid have dispensed and dispenses for ever. [1617/5/76]*Ratification to Master James Oliphant Our sovereign lord, estates and whole body of this present parliament, for them and their successors, ratify, approve and perpetually confirm the charter of alienation made and granted by Laurence [Oliphant], lord Oliphant to Master James Oliphant, eldest son and apparent heir to Sir William Oliphant of Newton, knight, advocate to his highness, and to his male heirs and assignees whatsoever heritably and irredeemably, without any reversion, regress or redemption whatsoever, of all and whole the lands and barony of Muirhouse, with tenants, tenancies and all their pertinents lying within the sheriffdom of Edinburgh principal, with the precept of sasine engrossed therein and the instrument of sasine following thereupon; and also ratify and approve the charter of conformation passed under his majesty's great seal confirming the foresaid charter of alienation, together with the charter and gift of novodamus contained in the foresaid charter of confirmation giving and conveying of new to the said Master James, his male heirs and assignees whatsoever all and whole the forenamed lands and barony of Muirhouse, with the precept and instrument of sasine following thereupon, together also with the whole liberties, privileges and immunities expressed in the foresaid charters of alienation and confirmation, containing a gift of novodamus as said is, in all and sundry heads, points, articles, clauses, circumstances and conditions therein expressed as the same charters, precepts and instruments of sasine in themselves respectively at more length purports; and will and declare this present ratification to be of as great strength, force and effect as if the forenamed charters of alienation and confirmation containing the gift of novodamus, precepts and instruments of sasine, whole tenors and contents thereof were word by word at length inserted herein; concerning which, our said sovereign lord and estates of parliament dispenses by this act. [1617/5/77]*Ratification to Master Patrick Hamilton Our sovereign lord and three estates of this present parliament convened, understanding that his majesty by his highness's letters of gift of pension of the date at Whitehall, 2 November, the year of God 1615, under his highness's privy seal, for the good, true and thankful service done to his highness by his majesty's well-beloved servant Master Patrick Hamilton, brother-german to his highness's right trusty cousin and councillor Thomas [Hamilton], lord Binning etc., gave, granted and conveyed to the said Master Patrick during all the days of his lifetime, all and whole a yearly pension of the sum of £1,200 good and usual money of his highness's realm of Scotland yearly to be uplifted and taken at two terms in the year Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions out of the first and readiest of his highness's rents and duties of his majesty's property and casualty of his highness's treasury, comptrollery and collectory of his majesty's kingdom of Scotland, as the said letter of gift of pension in itself more fully purports; therefore, and for diverse good respects and considerations moving his majesty, his highness and estates foresaid have of certain knowledge and proper motive ratified and approved and by the tenor hereof ratify and approve the foresaid letter of gift of pension granted by our sovereign lord, with advice and consent of his trusty and well-beloved councillor Sir Gideon Murray of Elibank, knight, his highness's treasurer, comptroller and collector depute, to the said Master Patrick Hamilton in liferent during all the days of his lifetime of all and whole the foresaid yearly pension of £1,200 money of this realm yearly to be uplifted and taken at the said two terms in the year Whitsunday and Martinmas in winter by equal portions out of the first and readiest of the fruits, rents and duties of his highness's property and casualty of his highness's treasury, comptrollery and collectory of his highness's said kingdom of Scotland from his highness's treasurer, comptroller and collector present and to come and from whatsoever receivers of his highness's said rents and casualties, in the whole heads, clauses, conditions and circumstances whatsoever specified and contained in the said gift of pension and whole contents thereof; decreeing and ordaining this present ratification and approbation of the said gift of pension to be as good, valid and sufficient in itself as if the said whole letter of pension was at length word by word inserted herein, dispensing with this by this act and decreeing and ordaining his highness's said treasurer, comptroller and collector and under-receivers and all whatsoever others of his highness's officers that shall happen in time coming to possess any of the said offices as principals or deputes, to readily answer, intend, obey and make thankful payment to the said Master Patrick Hamilton, his factors and servants in his name of the said yearly pension of £1,200 yearly and termly in time coming during all the days of the said Master Patrick's lifetime, after the form and tenor of the said letter of gift of pension in all points. [1617/5/78]*Ratification to the town of Aberdeen Our sovereign lord and estates of parliament, perfectly understanding that his majesty's burgh of Aberdeen, being one of the most ancient and famous burghs of this his majesty's kingdom of Scotland, was erected by his majesty's most noble predecessors of worthy memory and endowed with ample privileges and immunities for yearly payment of the sum of £213 6s 8d of burgh mail specified and contained in the rights and infeftments made to the said burgh thereupon, as the same in itself purports; and albeit in one of the said old infeftments the said burgh mail and yearly duty be expressed to be sterling money, yet it is of verity that the provost, bailies, council and community of the said burgh of Aberdeen and their predecessors were never in use of payment to his majesty or his highness's comptrollers but of the sum of £213 6s 8d current and usual money of Scotland only, whereof account has been made in his highness's exchequer past memory of man; and his majesty, considering that if the said burgh of Aberdeen should be compelled and burdened with the payment of the said burgh mail in sterling money, the same would tend to the utter ruin of the said burgh, in respect the whole common lands and rents pertaining thereto are not able to pay the said burgh mail, it being accounted in sterling money; his highness therefore, by infeftment under the great seal of the date at Falkland, 14 August the year of God 1601, of new gave, granted and conveyed to the said burgh all and sundry their lands, mills, houses, fishings, waters and the said burgh itself, and all other privileges, liberties, immunities and other commodities whatsoever which did at any time of before pertain or belong to the said burgh, to be held of his majesty and his successors in free burgage for yearly payment of the sum of £213 6s 8d usual money of the realm of Scotland, and 20s in augmentation of the rental, as in the said infeftment of the date foresaid containing a ratification of all former rights and evidents granted to the said burgh at more length is contained; which infeftment his majesty has ratified in the parliament held at Perth, 9 July, 1606. And now his majesty, being of mind that the said gift and erection made to the said burgh may be so formally issued according to his majesty's laws that the same may be effectual to the provost, bailies, council and community of the said burgh and a sufficient right to them and their successors in all time coming for payment of the said yearly duty and burgh mail of £213 6s 8d usual money of this realm of Scotland, and 20s money foresaid of augmentation only, therefore his majesty, with advice and consent of the whole estates of this present parliament, has dissolved and by the tenor hereof, for his highness and his successors, with consent and advice foresaid, of certain knowledge perpetually dissolves from the crown and all annexation thereto the said burgh of Aberdeen, with all and sundry their lands, forests, woods, waters, salmon fishings upon Dee and Don, mills, thirl multures, castles, meadows, hills, links, harbours, ports, forts, bulwarks, anchorages, small customs, bell customs, tron weights, measures, other profits, casualties and duties whatsoever which at any time before pertained or belonged to the said burgh of Aberdeen, together with the said burgh mail and yearly duty of £213 6s 8d money contained in whatsoever infeftments or evidents granted to the said burgh of whatsoever designation the said burgh mail and yearly duty be of, whether sterling money or usual money of this realm, to this effect: that his majesty may of new give, grant and convey to the provost, bailies, council and community of Aberdeen and their successors the said burgh with all and sundry their lands, forests, woods, waters, salmon fishings upon Dee and Don, mills, thirl multures, castles, meadows, hills, links, forts, bulwarks, anchorages, small customs, bell customs, tron weights, measures, other profits, casualties and duties whatsoever which at any time bygone pertained or belonged to the said burgh of Aberdeen, to be held of his majesty and his highness's successors in free burgage for yearly payment of the said sum of £213 6s 8d and 20s of augmentation usual money of Scotland only, with as ample privileges, immunities and liberties as any other burgh within this realm. Likewise his majesty ordains a new gift to be made to the said provost, bailies, council and community of the said burgh and other above-specified after this present dissolution under his highness's great seal, which infeftment so to be issued his majesty, with consent foresaid, now as if the same were already perfected, ratifies, affirms and approves in the whole heads, articles and clauses thereof, and wills and declares the said infeftment to follow upon this present dissolution to be a good, valid and perfect right for the said provost, bailies, council and community of the said burgh of Aberdeen, present and to come, for possessing and enjoying of the said burgh and all and sundry lands, forests, mills, woods, salmon fishings, customs, casualties, tron weights, privileges, liberties, immunities and other duties whatsoever therein to be contained for payment of the said yearly duty of £213 6s 8d usual money of Scotland and 20s of the same money in augmentation of the rental only and no further, as if the same were already passed and expressly set down in this present act, and notwithstanding thereof; concerning which, his highness, for his majesty and successors, with advice and consent foresaid, has and, by this act, dispenses for ever. [1617/5/79]*Ratification to Master William Oliphant [of Newton] Our sovereign lord and estates of this present parliament ratify and approve the infeftment made and granted by Sir Richard Cockburn, younger, of Clerkington, knight, lord keeper of his highness's privy seal and one of the senators of his highness's college of justice for the kingdom of Scotland, with express consent and assent of Dame Margaret Cockburn, his spouse, to and in favour of his highness's trusty and well-beloved familiar clerk and councillor Sir William Oliphant of Newton, knight, his highness's advocate, another of the senators of the said college of justice, in liferent for all the days of his lifetime, and to his majesty's beloved Master William Oliphant, his second lawful son, his male heirs and assignees whatsoever in fee heritably and irredeemably without any reversion, redemption, regress, bond, promise or condition of reversion or redemption whatsoever of all and whole the said Sir Richard's lands of Kirkhill, with the manor place, houses, buildings, yards, parts, pendicles and pertinents of the same whatsoever lying within the parish of Strathbrock and sheriffdom of Linlithgow, to be held of our said sovereign lord and his successors, now superiors of the said lands, in stead and place of the dean of the college kirk of Restalrig and prebendars of the same, sometime superiors of the same by virtue of the act of annexation of the kirklands to the crown, in feu ferm for payment of the feu duties therein contained, of the date at Edinburgh, 31 July, the year of God 1614, with our said sovereign lord's confirmation following thereupon and new gift therein contained, of the date at Edinburgh, 19 October, the year of God 1614; together with the charter made and granted by his majesty under his highness's great seal, with consent of his highness's treasurer depute and of the remaining lords of his highness's secret council of the kingdom of Scotland, his majesty's commissioners, to the said Master William Oliphant, his male heirs and assignees whatsoever heritably, of all and whole that half of the lands and barony of Strathbrock with the half mill thereof, advocation and donation of the kirk and chaplainry of Strathbrock alternative, with tenants, tenancies, service of free tenants and pertinents of the same lying within the sheriffdom of Linlithgow, which pertained of before to Laurence [Oliphant], lord Oliphant, proceeding upon the resignation of the said Laurence, lord Oliphant, with the new gift and disposition therein contained, to be held of his majesty and his successors, of the date at Edinburgh, 3 November, the year of God 1614, together with the precepts and instruments of sasine following upon the said infeftments respectively, in all and sundry points, passes, heads, articles, clauses and conditions whatsoever therein contained after the forms and tenors thereof. Likewise his majesty and estates foresaid will, grant, decree and declare that this present ratification is and shall be as valid and sufficient in all respects as if the said infeftments respectively, precepts and instruments of sasine respectively were at length inserted herein word for word. http://www.rps.ac.uk/search.php?a=fcf&fn=jamesvi_trans&id=id7539&t=trans | ||||||
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