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The manuscripts of His Grace the Duke of ... - Electric Scotland

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17<br />

yield <strong>the</strong> same yearly at her option ; because she discharges <strong>the</strong> said James<br />

<strong>of</strong> great sums promised by her friends and received by him in name <strong>of</strong><br />

" tochir gude," and also because she renounces her right to <strong>the</strong> lands<br />

granted to her in conjunct fee, and to terce lands that might fall to her<br />

through his decease, notwithstanding any sentence <strong>of</strong> divorce that might<br />

be given in <strong>the</strong> contrary : Till <strong>the</strong> sentence should be given, 80 merks<br />

yearly, and all expenses <strong>of</strong> <strong>the</strong> plea are to be paid by Drumlanrig.<br />

Ei<strong>the</strong>r party discharges o<strong>the</strong>r <strong>of</strong> all o<strong>the</strong>r contracts, &c. : All under<br />

<strong>the</strong> pains <strong>of</strong> 500 merks to be paid by <strong>the</strong> party breaking <strong>the</strong> contract to<br />

<strong>the</strong> party observing it. <strong>The</strong> Agreement to be registered in <strong>the</strong> Official's<br />

Books <strong>of</strong> Louthian and St. Andrews. At Edinburgh, 6 September 1539.<br />

Subscribed " James Dowglas <strong>of</strong> Drulanrik w' my hand," " M'garet<br />

**<br />

Douglas w* my hand at ye pen."<br />

21. Lettees <strong>of</strong> Dispensation by Antonius, presbyter cardinal with<br />

<strong>the</strong> title <strong>of</strong> <strong>the</strong> four crowned saints, directed to <strong>the</strong> Archbishop <strong>of</strong> Glasgow,<br />

or his vicar or <strong>of</strong>ficial, narratiDg that a petition had been presented<br />

to him by James Douglas <strong>of</strong> Drumlanrik, layman, and Christina Montgomery,<br />

woman, <strong>of</strong> <strong>the</strong> diocese <strong>of</strong> Glasgow, stating that <strong>the</strong>y formerly,<br />

knowing that <strong>the</strong>y stood within <strong>the</strong> simple third and quadruple fourth<br />

degrees <strong>of</strong> affinity contracted marriage ; but since <strong>the</strong>y could not continue<br />

in such marriage, and grave scandalsjwere likely to arise, <strong>the</strong> spouses had<br />

supplicated <strong>the</strong> Apostolic See for <strong>the</strong> benefit <strong>of</strong> absolution. <strong>The</strong>refore<br />

by authority <strong>of</strong> <strong>the</strong> Pope, <strong>of</strong> whose penitentiary <strong>the</strong> granter was in charge<br />

and by express command <strong>of</strong> <strong>the</strong> Pope given viva voce, he charges <strong>the</strong><br />

Archbishop's circumspection, to absolve <strong>the</strong>m from <strong>the</strong>ir excesses and<br />

from <strong>the</strong> sentence <strong>of</strong> excommunication which <strong>the</strong>y had incurred, and<br />

allow <strong>the</strong>m to marry de novo, &.G. Given at Rome, at St. Peters, under<br />

<strong>the</strong> seal <strong>of</strong> <strong>the</strong> penitentiary, viii Id. [6th] September, sixth year <strong>of</strong> Pope<br />

Paul <strong>the</strong> Third [c. 1540].<br />

[Seal remaining, but broken, contained in leaden case—<strong>The</strong> Virgin and<br />

Child under a canopy.<br />

22. Ano<strong>the</strong>r avrit <strong>the</strong> same to <strong>the</strong> same, and tied to <strong>the</strong> former by a<br />

cord, explains that <strong>the</strong> Letters <strong>of</strong> Dispensation were to be valid notwithstanding<br />

any difference or defect <strong>the</strong>re might be in <strong>the</strong> statement <strong>of</strong> <strong>the</strong><br />

degrees <strong>of</strong> affinity. Of <strong>the</strong> same date. [Seal awanting, only half <strong>of</strong><br />

capsule remains.]<br />

23. Gift by Mary, Queen <strong>of</strong> Scots, with consent <strong>of</strong> James Earl <strong>of</strong><br />

Arran, lord Hammiltoun, her tutor, protector and governor <strong>of</strong> her<br />

realm, taking into consideration <strong>the</strong> good true and thankful service done to<br />

her late fa<strong>the</strong>r by James Douglas <strong>of</strong> Drumlanrig as well in parts <strong>of</strong> France<br />

as in <strong>the</strong> realm, and o<strong>the</strong>r reasons, granting to him, his heirs and#<br />

assignees 600 sheep " being vpoune oure landis <strong>of</strong> Kirkhop," in <strong>the</strong><br />

sheriffdom <strong>of</strong> Lanark which pertained to her late fa<strong>the</strong>r, and now to her<br />

as his daughter and heir, to be held by him &c. and discharging <strong>the</strong> lieges<br />

to make any hindrance to him in possessing <strong>the</strong> same. Given under <strong>the</strong><br />

Privy Seal at Edinburgh, 6th January 1542. It is endorsed as a gift<br />

<strong>of</strong> <strong>the</strong> goods <strong>of</strong> Kirkhope and Quhitecamp.<br />

24. Letters <strong>of</strong> Gift by Mary, Queen <strong>of</strong> Scots, with consent <strong>of</strong> James<br />

Earl <strong>of</strong> Arran, Lord Hamilton, Protector and Governor <strong>of</strong> her realm, to<br />

James Douglas <strong>of</strong> Drumlangrig, his heirs and assignees, <strong>of</strong> '"'<br />

<strong>the</strong> nonentres,<br />

malis, fermes, projBttis and dewiteis " <strong>of</strong> <strong>the</strong> lands and barony <strong>of</strong><br />

Drumlangrig, lands and barony <strong>of</strong> Tibberis, ten merk land <strong>of</strong> old extent<br />

<strong>of</strong> Langcr<strong>of</strong>t, and 50 s. land <strong>of</strong> old extent <strong>of</strong> Windyhillis, in <strong>the</strong> sheriff-<br />

O 93549. B

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