Our sovereign lord and estates of this present parliament have ratified and approved and confirmed and, by the tenor of this present act, ratify, approve and confirm the two charters underwritten; the one thereof made by our sovereign lady, [Anne], the queen's majesty, with express consent, assent and authority of our said sovereign lord, his highness's dearest spouse, and her majesty's councillors, under-subscribers thereof, to Alexander, earl of Dunfermline, chancellor of this realm of Scotland, styled in the said infeftment Alexander Seton, lord Urquhart, and his male heirs therein specified, making, constituting, creating and ordaining the said noble lord and his said male heirs undoubted and irrevocable keepers, guardians or constables of the palace of Dunfermline, and others specially enumerated in the said charter made thereupon, and for keeping thereof conveying and assigning to the said Alexander, lord Urquhart and his foresaids, for his fee in the said office, the particular teind sheaves and others expressed in the said charter made thereupon, as the same of the date 15 February 1596 [1597] in the self at more length purports; and the other of the said two charters made by our said sovereign lady, with consent foresaid, to the said Alexander, earl of Dunfermline, styled in the said charter Alexander, lord Urquhart, and his heirs therein mentioned, of all and whole the heritable offices of bailiary and justiciary of the lordship and regality of Dunfermline, lying upon the south side of the water of Forth and of all and sundry lands of the lordship and regality of Dunfermline, rooms, possessions and teind sheaves therein contained, conveyed to him for his fee of the said offices of bailiary and justiciary, as the said charter made thereupon of the date 20 February 1596 [1597] in the self at more length purports, in all and sundry heads, points, articles, clauses and circumstances thereof; and decrees and ordains the said two charters to be sufficient and valuable rights and titles to the said Alexander, earl of Dunfermline and his heirs mentioned therein for the peaceable possessing and enjoying of the said offices and possessing of the lands, teinds, fees and other duties particularly mentioned in the said charters without any stop, trouble or impediment to be made to him and his foresaids relating thereto upon any occasion bygone, present or to come, and after the form and tenor of the said two charters in all points.
And forasmuch as by an act made in the 13th parliament held by our sovereign lord upon 21 July 1593 and the 189th act of that parliament, the whole lands, lordships, houses, castles, buildings, teinds, fruits, rents, commodities and whatsoever others pertaining to the said abbey and monastery of Dunfermline are specially annexed to the crown, as the said act itself does make large record; therefore our said sovereign lord and estates foresaid have dissolved and, by the tenor of this present act, expressly dissolve the foresaid annexation contained in the said act in so far as the same may be in any way extended to the said heritable office of bailiary and justiciary and constabulary above-specified, or to the lands, rooms, possessions, teinds or other duties enumerated in the said two charters conveyed to the said noble lord and his foresaids in manner therein contained for his fee in the said offices. And our said sovereign lord and estates decree, declare and ordain this present dissolution of the said annexation, which is made only in this part thereof and so far as concerns the said two charters and contents thereof respectively as said is, and no further, to stand in all time coming and to be of full force and effect to the said Alexander, earl of Dunfermline and his heirs specially designed in the said two charters for the peaceable holding and possessing of the said offices, fees, duties and others conveyed respectively by the said two charters and either of them, which are not nor shall not be comprehended in the said annexation, but shall be and are totally excluded therefrom and excepted out of the said act so that the same shall remain sure and valuable to the said Alexander, earl of Dunfermline and his foresaids for now and ever, after the form and tenor of the said two charters made thereupon in all points, notwithstanding of the said annexation and without any danger or quarrel to ensue thereupon, and also notwithstanding of whatsoever other act, law or constitution made in any time bygone, or which may be hereafter made in any time coming, which may derogate to the validity of the said two charters or either of them in whole or in part of the same, dispensing therewith and with the effect thereof for now and ever; and decree and declare this present ratification, dissolution and exception from the said annexation to be as valuable, sufficient and effectual in all respects as if the same had been made and done in parliament at the very time of the making of the said act of annexation of the said abbacy or of before or as if the said exception and ratification had been specially and expressly inserted in the said act of annexation; and therefore, and for the better corroboration of the said two charters and establishing of the undoubted right of the said offices and fees and others therein contained in the person of the said Alexander, earl of Dunfermline and his heirs contained in the same, our sovereign lord and estates ordain the said two charters to be engrossed at length in this present act, of the which respectively the tenor follows:
Anne, by the grace of God, queen of Scots and lady of the lordship of Dunfermline, gives eternal greetings in the Lord to, all and singly, those who shall see and hear this letter. Since, whole and complete, the lordship of Dunfermline and, all and singly, the barony, lordships, lands, properties and lochs of the same, together with, all and singly, the churches, chapels, teinds, teind sheaves and other small teinds, which previously belonged to the former abbots, commendators and community of the monastery of Dunfermline while the monastery was in existence and annexed and incorporated to the same monastery, have been given and granted to us and our heirs, legitimately born or to be born to the most illustrious and serene prince James, by the grace of God, king of Scots, our most beloved husband, and ourselves, whom failing, to any legitimate and closest heirs of the said most serene king, by this grant of the entire foresaid lordship, so it is of the entire monastery and palace adjacent to it we have received full investiture. Further, we, considering how necessary it is that the foresaid palace of ours of Dunfermline and all the buildings pertaining to it should be kept patched and roofed, and that the orchards and gardens within the bounds and walls of our said palace should be carefully looked after, lest by negligence and the passage of time they deteriorate (which often happens with this kind of palace unless diligent care is taken, and unless a careful and prudent keeper is found and put in place for the same palace, buildings and gardens), it is agreed that, all and singly, our lochs lying within our lordship and the sheriffdom of Fife should be looked after with equal care and assiduity, lest straying and wandering fish bred or to be bred in the said lochs should be plundered.
We therefore let it be known on the basis of the foregoing and with the consent of the said most illustrious and serene prince and also of our councillors mentioned below, proceeding diligently to treat for the utility of our aforesaid heirs and successors in this part, as seen before, that we have made, constituted, created and ordained, and by the wording of the present charter do make, constitute and ordain that our beloved councillor Alexander Seton, lord of Urquhart, president of the council and session of our said supreme lord the king, and his male heirs born or to be born legitimately, whom failing Sir William Seton of Kylesmure, his full brother, and his male heirs born or to be born, all of whom failing any male heirs of the said Alexander, lord Urquhart bearing the name and arms of Seton, as indubitable and irrevocable keepers, guards or constables of our said palace of Dunfermline and the chief messuage of the lordship of the same, with, all and singly, houses, buildings, gardens and orchards within the walls and precinct of the same, and also of, all and singly, the undernoted lochs lying in our foresaid lordship of Dunfermline and within the sheriffdom of Fife, namely Loch Fitty, Black Loch, [...], plus, all and singly, the other lochs relating or pertaining to our said lordship of Dunfermline, lying in the said sheriffdom of Fife, with power and authority to the said Alexander, our foresaid councillor and his foresaid heirs and successors, by themselves and by their deputies for whom they shall be held to answer, to look after our palace, houses, buildings, gardens or orchards within the foresaid precincts, to put in place and remove janitors or porters of our said palace, to inspect and correct gardeners and other servants of this kind, and also to convey the foresaid lochs and the fish in them now and in the future to the use of ourselves and our successors, and if necessary to put boats on the said lochs as it seems expedient; to keep everyone else without a legal right in relation to the said lochs from any fishing in these lochs; also to inspect and correct (if the situation so demands) workmen in the building or repair of the said palace and the said buildings, that is to say masons, joiners, roofers and other workers of this kind who shall do work in the future, so that our palace can be kept in good repair and roofed at the expense of ourselves and our successors. In return for this role of keeper, guard or constable of our said palace, with its pertinents, and of the foresaid lochs, we, with the advice and authority mentioned above, have given, granted, conveyed and assigned, and by the wording of the present document do give, grant, convey and assign, to the foresaid Alexander, lord of Urquhart and his male heirs mentioned above, for their feu in the said office of guardian or constable as mentioned above, all and singly, the teinds and teind sheaves of our lands of Masterton and Pitliver in our said lordship of Dunfermline, incorporated and lying in the said sheriffdom of Fife, with all their ferms and dues, and also with the power and free authority and in all respects our right to levy and receive the said teinds and teind sheaves of the foresaid lands from the occupants and tenants of the same, and whenever necessary to publish and publicise letters of inhibition, and if circumstances demand in the case of deprivation of the said teind sheaves raising an action or actions before a competent judge and terminating at the due limit, just as we could have done before the completion of our present charter.
The said office of keeper, guard or constable of our said palace of Dunfermline with, all and singly, houses, buildings, gardens and orchards within the walls and precinct of the same, and of, all and singly, the lochs mentioned above, with the said teind sheaves of our said lands of Masterton and Pitliver, are all to be held and had by the said Alexander, lord of Urquhart and his foresaid male heirs, from ourselves and our heirs born or to be born to us and to our said supreme lord the king, whom failing any heirs and successors of our said supreme lord the king in fee and heritage in perpetuity with, all and singly, the rights, privileges, usages and advantages pertaining, relating or justly able to relate to the said office of keeper or constable, without any reservation, impediment or obstacle. In return, each year the said Alexander and his foresaid male heirs shall render to us and our foresaid heirs and successors, the service of the said office, together with a silver penny, at our said palace on the feast of Pentecost as blench ferm if sought, only, instead of any other burden, exaction, requirement or demand which could justly be justly exacted or required by anyone from the said office with the said teind sheaves. We, with the consent and authority of the foresaids, our forementioned heirs and successors, shall guarantee, discharge and in perpetuity defend against all mortals the foresaid office of keeper, guard and constable, together with the foresaid teind sheaves of our said lands of Masterton and Pitliver, as for a feu of the said office, in favour of the foresaid Alexander, lord of Urquhart and his male heirs, in all and through all, in form and in effect, as has been said. Further, we give greetings to our beloved James Harper and to any of you, jointly and severally, our sheriffs specially constituted in that part. We instruct and mandate you that, having had sight of the present document, you forthwith hand over, deliver and make happen the standing, hereditary sasine equally and the possession - corporeal, real and actual - of the foresaid office of keeper, guard and constable of our said palace of Dunfermline with, all and singly, houses, buildings, gardens and orchards within the walls and precinct of the same, and of, all and singly, the foresaid lochs, with, all and singly, the teind sheaves of our lands of Masterton and Pitliver with all their ferms and dues as if for a feu of the said office to the foresaid Alexander, lord of Urquhart or his approved attorney as bearer of the present document by handing over the keys of our said palace of Dunfermline at the same palace, which will stand and be a sufficient sasine for the said office and teind sheaves and also the lochs specified at greater length above. And you shall in no way omit to do this. In order to carry this out, we grant to you and any of you, our foresaid bailies in that part, our full and irrevocable authority by the wording of the present document. In testimony of this we have arranged, by our own hand and by the hands of our supreme lord the king, for our seal to be appended to the present document, as a sign of of his consent to the foregoing and of that of our foresaid councillors. At Holyroodhouse on 15 February in the year of the Lord 1596 [1597], and in the thirtieth year of the reign of our supreme lord the king. Thus it is signed: James Rex, Anne Regina, John Lindsay [of Balcarres], [Walter Stewart, commendator of] Blantyre, [Peter Young of Seaton], master almoner, M[aster] T[homas] Hamilton [of Drumcairnie], Master James Elphinstone [of Barnton].
Follows the other charter:
Anne, by the grace of God, queen of Scots and lady of, whole and complete, the lordship of Dunfermline, gives eternal greetings in the Lord to, all and singly, those who will see or hear this charter. Since it was found very necessary and expedient by our lord the king, our dearest husband, and to our councillors that hereditary bailies should be ordained and established for the administration of justice in, all and singly, the lands of the regality and our lordship of Dunfermline lying on the south side of the Forth, for our vassals, occupiers and inhabitants, just as many years ago a hereditary bailie was established to dispense justice to the vassals, tenants, occupiers and inhabitants of, all and singly, the other lands, lordships and other things of our same lordship and regality of Dunfermline on the north side of the Forth, and that to the great benefit and convenience of our said lordship and regality, so we, with the consent and authority of the said most illustrious prince, our husband, after consideration regarding that with our councillors, and fully persuaded of the loyal service rendered in many ways to us in the past after our arrival in this realm of Scotland by our beloved and loyal councillor Alexander Seton, lord of Urquhart, president of the council of our supreme lord the king, and to be rendered in future, and considering the qualities suitable for matching prudently and lawfully with the incumbent of the post of hereditary bailie of the said regality, by reason of all of this, and it being known to us and to the said most illustrious prince, our husband, that recently David Durie of that Ilk, unchallenged hereditary bailie of, all and singly, the baronies, properties and lordships of our said lordship and regality of Dunfermline lying on the said north side of the Firth of Forth, with the consent of Robert Durie, his son and heir apparent, transferred for substantial sums of money the entire right and title which he had in respect of the said bailiary, feus, things appertaining and casual payments pertaining to the same, by surrender into our hands, which was properly and lawfully made in favour of the said Alexander, lord of Urquhart and his male heirs, and also that from that transfer the same Alexander, our councillor, for himself and his heirs mentioned below, was invested by us with that bailiary, and finally understanding that our said councillor and his male heirs would be prominent in the government and jurisdiction of, all and singly, our people, tenants and vassals of, whole and complete, our foresaid lordship and regality wherever they lie within our kingdom of Scotland, and finally after the receipt of large sums of money from our foresaid councillor for the reasons mentioned above and destined for our use, therefore be aware that we, with the express consent and assent and authority of the foresaids, have given, granted, surrendered in heritage and by this charter of ours do confirm, and also by the wording of the present document do confirm to the foresaid Alexander, lord of Urquhart and his legitimate male heirs born or to be born (whom failing, Sir William Seton of Kylesmure, his full brother, and his legitimate male heirs born or to be born, all of whom failing, any male heirs of the said Alexander, lord of Urquhart bearing the name and arms of Seton), whole and complete, the hereditary office of bailie and justice of our lordship and regality of Dunfermline, and of, all and singly, any lands, properties and possessions relating to our foresaid lordship irrespective of where they lie within our realm of Scotland on the south side of the firth and river of Forth, and that we have made, established and ordained, and by the wording of the present document do make, establish and ordain the said Alexander, lord of Urquhart and his male heirs as mentioned above as our true, lawful, indubitable and irrevocable hereditary bailies and justices of our said lordship and regality within the foresaid bounds, and that we have given, granted, conveyed and assigned, and by the wording of the present document, with the express consent and assent and authority as above, we do give, grant, convey and assign in favour of the foresaid Alexander, lord of Urquhart and his male heirs mentioned above, all and complete, our teind sheaves of our townships and lands of Stonyhill and Whitehill, with their pertinents, incorporated in our said lordship of Dunfermline lying on the said south side of the firth and river of Forth, within our regality of Dunfermline and the sheriffdom of Edinburgh, as if by a feu of the said offices of bailie and justice, with all their ferms and dues, and also with the authority, free facility and advantage, by our right, to levy and receive the said teind sheaves of the foresaid lands as appropriate from occupiers and tenants of the same, and whenever needed to issue and announce letters of inhibition, and to raise a suit or suits for deprivation of teind sheaves (if circumstances demand) before a competent judge, and to finish them at their due limit, just as we could have done before the completion of our present charter.
We warn and advise holders of feu ferm, tenants, ferm holders and possessors of the foresaid lands that they are annually (as has been said) to respond to and to obey, promptly and with expedition, the foresaid Alexander, lord of Urquhart and his foresaid heirs concerning these, with full authority to the foresaid Alexander, lord of Urquhart and his forementioned male heirs to hold, fix, affirm and continue courts of our said lordship and regality of Dunfermline regarding, all and singly, the lands, lordships, properties, possessions and any other things within the forementioned bounds or any part of them whenever it seems expedient, for the administration of justice in relation to the feu ferm holders, tenants and occupiers of the forementioned lands and other things already mentioned, and others who have an interest, according to the tenor and order of law and the order of the persons concerned, for crimes, the condemned, the cleared and escheats, to levy and receive one half of the same and apply it to their own uses, and to collect, deliver and render account in respect of the other half, in favour of us, our successors and their chamberlains at the time. Also [we grant the authority to] levy and intromit bloodwit and amercements of the courts of our said lordship and regality of Dunfermline within the prescribed boundaries, and in that regard to impound and distrain and apply these to their own uses and advantages for their labours; also to arrest and accuse the foresaid feu ferm holders, tenants and occupiers of the said lands, properties and possessions before any judges spiritual or temporal within the borders of Scotland, for any actions, charges or causes, at the privilege and liberty of our said lordship and regality, and at the courts of the said bailiary and regality to release on bail and bring to court; to apply caution of culrath for parties complaining on grounds of justice, and to grant and to find, and to create and substitute bailies or justices depute (one or more) under them with no less authority, status and condition than their principals, together with clerks, serjeants, dempsters and all other officials and members of the court; also to receive their oaths for the loyal administration of justice, for which they will be held to answer, and to cite, summon and cause assessors, inquisitors and witnesses to compear before them under pain of the law, and generally do, carry out and exercise everything is considered to pertain to the offices of the said hereditary bailie and justice or which we could do ourselves if we were personally interested, holding and to hold in future as approved and fixed all of whatever our said bailies have considered it proper to do in respect of the foregoing with, all and singly, the liberties, advantages, profits and their pertinents relating or able justly to relate in any way in future to the foresaid office of hereditary bailie and justice, freely, quietly, fully, completely, honourably and in peace, without any impediment, contradiction, revocation or obstacle.
Whole and complete, the foresaid office of hereditary bailie and justice of our above-mentioned lordship and regality within the boundaries mentioned above, together with the levying and receipt of the foresaid teind sheaves in our townships and lands mentioned above, and the granting and assigning of them for feu as has been said, with full jurisdiction and, whole and complete, the privileges, usages, advantages and casualties of the type and form mentioned in detail above, are to be held and had by the foresaid Alexander, lord of Urquhart and his male heirs born or to be born legitimately, whom failing the said William Seton, his full brother, and his male heirs born or to be born legitimately, all of whom failing, any male heirs of the said Alexander, lord Urquhart, in heritage from us and the heirs and successors of our said supreme lord the king and ourselves, in fee and heritage in perpetuity. In return, each year the foresaid Alexander, lord Urquhart and his heirs as said above shall be bound to render to us and our successors as by law the foresaid due service in the said office of bailie and justice according to the wording of our present charter of enablement and infeftment, and also one silver penny annually at the feast of Pentecost as blench ferm if sought, only, instead of every other burden, exaction, requirement or demand which could in any way be exacted or required of the foresaid offices of bailie and justice with feu and everything else mentioned above.
Further, we give greetings to our beloved James Richardson of Smeaton and any of you, jointly and severally, our bailies specially constituted in that part. We firmly order and instruct you and any of you that, having had sight of the present document, you forthwith hand over and deliver, or one of you will hand over, deliver and make to happen, the status, hereditary sasine equally and the possession - real, actual and corporeal - of the foresaid office of hereditary bailie and justice of our said lordship and regality of Dunfermline within the forementioned boundaries, with, all and singly, the teind sheaves of our foresaid lands and townships of Stonyhill and Whitehill, with all the ferms of the foresaid lands as if for the feu of the said office, to the foresaid Alexander, lord of Urquhart or his approved attorney as bearer of the present document by handing over the court book of the foresaid lordship and regality within the same boundaries, which will stand and be a sufficient sasine for all the things mentioned above, and the teind sheaves, of the said office of hereditary bailie and justice - at the tolbooth of Musselburgh, following the contents of our charter as written above. And you shall in no way omit to do this. In order to carry this out, we grant to you, and any of you, our foresaid bailies in that part, our full and irrevocable authority with the consent, assent and authority as above by the wording of the present document. In testimony of this we have arranged, by our own hand and by the hands of our supreme lord the king and our dearest husband, and that of our foresaid councillors, for our seal to be appended to the present document, as a sign of their assent and consent to the foregoing. At Holyroodhouse on 20 February in the year of the Lord 1596 [1597], and in the thirtieth year of the reign of our supreme lord the king. Thus it is signed: James Rex, Anne Regina, Master John Lindsay [of Balcarres], [Walter Stewart, commendator of] Blantyre, Master James Elphinstone [of Barnton], [Peter Young of Seaton], master almoner.