receave and intromett with all and sundrie the forsaids few-maills fewfermes caynes customes and uther deweties of the forsaids landis and barronies salmound fischingis and uthers above specifiet; with the pertinentis teyndis and teynd deweties respective above specifiet, according to the devision forsaid, viz. tua pairtis therof to the said auld colledge, and ane thrid pairt therof to the said new colledge, and that of the cropt and yeir of God 1641 yeires, and yeirlie and termelie in tyme cuming, at the termes of payment therof uset and wount: and if neid beis, to convein call follow and persew for the forsaid few-maills teynds and uthers forsaids befoir quhatsumevir judge or judges competent, as accords; and to reduce and annull all rightis quhatsumevir of the forsaids landis teyndis and utheris forsaidis upon the irritant claussis therof, and upon quhatsumevir uther groundis competent of the law, as accords; and als to sett tacks of the forsaids teyndis quhilk hes beine sett in tack of before, at the expyrie of the tacks yet standing and not outrun, and for payment of valued teynds and worth of the samen and for no less tack dewetie yeirlie. Lykas his majestie declaires all tackis of any pairtis of the saids rents teynds and uthers forsaid, now foundit and mortifiet to the said universitie, to be sett for any less dewetie nor the just worthe and valuation therof, to be null and of nane availl, ipso facto, be way of exceptione or reply without any declaratour to follow therupon: And to the effect the worthe and valued teynds of the forsaid paroch kirks and parochines mortified to the said universitie may be certainlie knawen; thairfor, his majestie wills and ordaines the said principalls, professors, and regents of the said universitie to caus value the teynds of the forsaids kirks, so farre as yit unvalued, before the comissionaris appoyntit or to be appoyntit be his majestie, with consent of the estaits; and als ordaines thame to provyd and caus be provydit constant modifiet stipends to the ministers serving the cure at the saids kirks, conforme to the actis maid or to be maid theranent, and that furth of the teyndis of thair awin parochines allenarlie: And his majestie wills and ordaines, that the saids fewmaills few-fermes teyndes and uthers forsaids sall be distribut among the severall maisters, principalls, professors, regentis, and utheris foundit persones and members of the said universitie, and both colledges thairof, now unit in ane joynt universitie, as said is, viz. ; tua pairtis therof to the said auld colledge, and the thrid part to the said new colledge, at and be the sycht of the comissionars and visitours appoyntit or to be appoyntit be his majestie and his successors for visiting of the said universitie and colledges thereof respective forsaid: And his majestie wills and ordaines that lettres of horning and poynding be direct, be delyverance of the lordis of his majestie's counsell and sessioun, in favors and at the instance of the saids principalls, professors and regents of the said universitie and colledges therof respective forsaid, present and to cum, aganes all and quhatsumevir fewars fermoraris tenentis tacksmen and uthers quhatsumevir addebtit in payment of the said few-maills few-fermes teyndis teynd dewties and uthers forsaids, and that of the cropt and yeir of God M. vic and fourtie-ane yeires, and yeirlie and termlie in tyme cuming. And becaus the said universitie of Auld Aberdene and king's colledge thairof is for the present in debt and stands in neid lykwyse of reparatioun, both in ruiff leid sklait work lofting and uther pairtis thereof, and hes not ane sufficient librarie; thairfor it is hereby specially provydit that the just thrid pairt of the haill foresaid fruitis rentis and utheris forsaids, now mortified to the said universitie, with the haill benefeit of all vacand places, or that sall happen to vake within the said auld colledge (except of humanitie) sall be yeirlie and ilk yeir efter the dait heirof upliftit imployit and applyit for putting the said universitie out of debt, and for a full repairing of the said auld colledge in ruiff leid sklait work lofting and uther places necessar, and for furnisheing ane competent librarie therto, ay and quhill the fabrick of the said colledge be fullie repaired freed of debt and furnisheit with ane competent librarie, as said is. It is alwyse declairit that thir presentis ar grantit with exceptioun and reservatioun to Mr. James Sandilands, comissar of Aberdene, and lait clerk of the generall assemblie, of the soume of tua thousand tua hundereth fiftie-thrie pundis Scotis money, dew to him be the lait archbischops and bischops of this kingdome, and restand unpayit be them of certane yeires bygane, for his fie of his clerkship of the said generall assemblie, and that to be payit to him furth of the first and reddiest of the few-maills fewfermes and uthers rents above specifeit, perteining to the said bischoprick of Aberdene, of the crops and yeirs of God, M. vie and fourtie-ane, and M. vie and fourtie-tuo yeires, according to the signatour past therupon; the burding quherof sall proportionallie ly on the said auld colledge of Aberdene, for the tua parts therof, and on the said new colledge of Aberdene for the thrid pairt therof. And his majestie wills and declaires, that thir presentis sall be a sufficient warrand to the director of his majestie's chancellarie to wryt out a chartor on thir presentis, to the great seill and to his majestie's heigh chancellar for appending of the said seill, without passing of any uther seills or registeris. Given at Halyruidhous, the aucht day of November, M. vie and fourtie-ane yeires. It is hereby speciallie provydit that the mortificatioun above writtin is and sall be lyable to the tennour of the act of exchequer maid theranent, of the dait the fyfteint day of Januarii, the yeir of God м. vie and fourtietua yeirs, and ordaines preceptis to be derect heirupone in forme as effeirs. Lowdoun, cancellarius. Argyle. J. Carmichaell. J. Fletcher. Mr. Alex. Gibsone, Durie. J. Hamiltoune. J. Balcomie. Please your sacred majestie. This contenes ane unioun and erectioun of the twa colledges of Aberdene, viz. the auld colledge therof, and the new colledge callit marischalls colledge, uniting and erecting the samen in ane joynt universitie, to be callit, in all tyme cuming, King Charles his universitie; and contenes ane mortificatioune to the said universitie of the haill few-maills few-fermes teinds and utheris rents perteining to the bischoprick of Aberdene, viz. to the said auld colledge the tua pairt, and to the new colledge the thrid pairt therof; to be distributit amongst the professors and foundit persounes, be your majestie's comissioneris and visitours; and reserveing 2253 punds for payment of the bygane fies, auchtand be the bischopis to the clerk of the generall assemblie . Sir Thomas Hop . Ratification of the mortification of the rents of the bishoprick of Aberdeen to the college. 113. In the parliament haldine at Edinburghe the sevintene day of November the yeir of God M. vi fourtie-ane yeirs our soverane lord and estaittis of parliament considering that forsameikill as it hathe pleased his sacred majestie out of his royall zeal and fatherlie affectione to the grouth and incres of religioun within this his majestie's ancient and native kingdome be his signature of mortificatioune daittit the aucht day of November instant to uneit and erect the tua colledgeis of Aberdene viz. the old colledge thairof and the new callit marischellis colledge in ane joynt universitie to be callit in all tyme cumming King Charles' universitie, and to found mortifie and dispone to the saidis colledgeis and to the principallis professoris regentis and uther memberis of the said universitie and colledgeis thairof the haill few-maillis few-fermes teynds and uther rentis that pertenit of before to the lait bishoprick of Aberdene temporalitie and spiritualitie thairof as followis viz.; tua partis thairof to the said old college and ane third pairt to the said new colledge; to be distribut among the professoris and foundit personis of the said universitie be his majestie's commissionaris and visitoris appointit or to be appointit for that effect in maner at lenthe specifeit in the said signature: Whairfore his majestie and estaittis of parliament ratifeis approveis and confirmes the foresaid signature and mortificatioune with the chartour to follow thairupon in all and sundry heidis articles and circumstanceis thairof; And willis and grantis and for his majestie and his successoris with consent of the estaittis of parliament decernis and ordainis this present confirmatioune to be alse sufficient and effectual to the principallis professoris regentis and uther memberis of the said joynt universitie now present and their successoris in tyme cumyng as gif the forsaid signature and chartour of mortificatioune following thairupoune were word be word insert herein: quhareanent and with all that may follow thairupoune his majestie and estaittis of parliament dispenses for ever; And farder his majestie and estaits of parliament hes dissolveit and be thir presentis dissolveis all and sundrie the few-maillis few-fermis teyndis teynd-dewteis and utheris mentionat in the said signature from his majestie's croune and patrimonie thairof and fra the bischoprick of Aberdene and fra all uther beneficeis quhatsumever whairunto the samene wer annexit of before; and suppressis and extinguisches the name and memorie of the said bischoprick of Aberdene in all tyme cummyng To the effect the foresaidis few-maillis few-fermis teyndis teynd-dewteis and utheris foresaidis that belongit to the said lait bischoprick of before may remaine with the principallis professoris regentis and uther memberis of the said joynt universitie of Aberdene callit King Charles' universitie as ane tes timonie of his majestie's favour perpetualie in all tyme cummyng; Exceptand alwayis furth of thir presentis the teyndis parsonage and vicarage of the kirk of Sanct Nicholas with the right of patronage of the said kirk done in favouris of the provost bailleis and counsall of the burghe of Aberdene and thair successors to the whilk the said mortificatioune nor thir presenttis sall naways be extendit; reserveing also to the Erll Marschall and his successoris his right of presentatioune of the principall and regentis of the said colledge marschall and uthir rightis and priviledgis perteining to him and his predicessoris be the first foundatioune and erectioune of the said colledge. Extractum de libris actorum parliamenti per me dominum Alexandrum Gibsone juniorem de Durie clericum rotulorum registri ac consilii S.D.N. regis sub meis signo et subscriptione manualibus . Alex. Gibsone cl. reg. The king's letter of direction. 114. Our soueraigne lord considering that it hes pleased his sacred majestie, out of his pius dispositioune and princelie cair to literatour and religioune, to dispone and mortifie to the universitie of Aberdene, and the old and new colledges theroff, the haill rents and reveneus of the bischoprik of Aberdene, to be devydit betuixt the said tua colledges be the commissioners and visiters appoynted and to be appoynted be his majestie, as followes, viz.: the tua pairts of the rents of the said bischoprik to the said old colledge, callit the kings colledge; and the thrid pairt theroff to the said neu colledge, callit marschalls colledge: Therfor his majestie ordenis ane letter of commissione to be maid under the quarter seill in deu forme, givand and grantand full pouer to thame or any of thame to compeir in the said old colledge kirk of Auld Aberdene, with pouer to thame to continue ther meiting for the space of days, and thair to devyd in the equall tua pairts and third pairts the haill rents of the bischoprik of Aberdene; and to appoynt quhat tua pairt and particular localitie of the samin sall appertein to the said old colledge, and quhat thrid pairt and particular localitie of the samin sall appertein to the said neu colledge: the quhilk divisioune being maid and particular localitie sua appoynted, each colledge pairt, as said is, shall accres to the former rents of the said tua severall colledges; and togidder with |