[1612/10/26]¹

Ratification in favour of Sir Thomas Hamilton of Byres, knight, secretary to his majesty

Our sovereign lord, with advice of the three estates of this present parliament, ratifies, approves and perpetually confirms the charters, precepts and instruments of sasine of the lands, baronies and others after-specified, made and granted by his highness to his trusty and well-beloved councillor Sir Thomas Hamilton of Byres, knight, secretary to his majesty, and to his male heirs and assignees therein contained, namely: the charter made and granted by his highness under his majesty's great seal of the disposition and new donation made and granted by his majesty to the said Sir Thomas, his male heirs and assignees therein contained, of all and sundry the lands and barony of the Byres, with the mains, castle, tower, fortalice, manor place, houses, buildings, orchards, yards, dovecots, tofts, crofts, outsets, parts, pendicles and all their pertinents whatsoever, all and whole the lands of Cauldrow with houses, buildings, yards, tofts, crofts, parts, pendicles and all their pertinents whatsoever, all and sundry the lands and mains of Drem, the lands of Dremhill, the lands of Coittis, the lands of Middlemains and Coitaikers within Drem, the lands of the Sanynges, the lands of Muretoun, the lands of Mungoswells, the lands of Garleton, and lands of Harvieston, with houses, buildings, yards, orchards, dovecots, tofts, crofts, outsets, parts, pendicles, annexes, connexes, dependents and all their pertinents whatsoever lying within the constabulary of Haddington and sheriffdom of Edinburgh, together with the advocation, donation and right of patronage of the kirk of Haddington, parsonage and vicarage thereof, and also with the advocation, donation and right of patronage of the chaplainry called the Lady Chapel of Drem, founded of old by the late William [Lindsay], lord Lindsay [of the Byres], and thereafter annexed to the chaplainry and altarage founded within the parish kirk of St Andrews at the altar called the Trinity Altar, situated within that part of the said parish kirk called the Lord Lindsay's Aisle, all united, annexed and incorporated in a free barony called the barony of the Byres, held of his majesty in free barony, free blench and taxed ward respectively, as the said charter of the date at Edinburgh, 6 June 1609, at more length purports, with the precept and instrument of sasine following thereupon. Item, the charter of disposition and new donation made and granted under his highness's great seal of the date at Whitehall, 6 March 1607, to the said Sir Thomas Hamilton of Byres, knight, his heirs respectively and assignees therein specified heritably, of all and whole the lands and barony of Binning, comprehending in special all and sundry the lands of West Binning, with tower place, fortalice, manor place, houses, buildings, orchards, yards, mills, mill lands, multures and sequels thereof, coals, coal pits, parts, pendicles, dependents and all their pertinents, all and whole one oxengate of land in Easter Binning, sometime occupied by Robert Hamilton of the Briggs, with tenants, tenancies and service of free tenants thereof, parts, pendicles and all their pertinents whatsoever, and that portion of land and portion of meadow adjacent called the Damflat and Lochhead with all their privileges and pertinents whatsoever lying within the territory of Torthrevin within the barony of Melville and sheriffdom of Edinburgh, and also all and whole the lands of Tortherfield with tenants, tenancies and service of free tenants thereof, lying within the sheriffdom of Edinburgh, containing also the kirk lands of Easter Binning, Wester Binning and Broadlaw, alias called Middle Binning, called the Nunlands, with tenants, tenancies and service of free tenants thereof, feu ferms, mails, yearly duties, parts, pendicles, dependents and their pertinents, and also all and whole the kirk lands of the vicarage of Binning with their pendicles and pertinents, with the advocation, donation and right of patronage of the said vicarage of Binning, and also all and whole the lands of Broadlaw and Hangingside, alias Middle Binning, with manor place, houses, buildings, outsets, yards, annexes, connexes and their pertinents, and also all and sundry the said kirk lands of the vicarage of the said parish kirk of Binning, extending to 40 acres of arable land, with their pertinents, and all and whole the said kirk lands in Middle Binning of before pertaining to the abbacy and place of Elcho, extending to four oxengate of land or thereby, all united, annexed and incorporated in a free barony called the barony of Binning, held of his majesty and his successors in free barony, feu ferm and free blench respectively, with the precept and instrument of sasine following thereupon; and also the charter of disposition and new donation made and granted by his highness under his majesty's great seal of the date at Edinburgh, 2 June 1607, to the said Sir Thomas Hamilton of Byres, knight, his heirs respectively and assignees therein contained, of all and sundry the town, lands and mains of Drumcross, with cottages, houses, buildings, yards, tofts, crofts, parts, pendicles and their pertinents with the corn mill of Drumcross, mills and multures, watergangs, dams, houses and all their pertinents lying within the lordship and sheriffdom of Linlithgow, and also all and whole the said two quarters or two fourth parts of the lands of Northfield of Drumcross, commonly called Knock and Middle Quarter, with parts, pendicles and all their pertinents, together with free full power and privilege to delve and extract peat and turf within the Moss of Drumcross, or any part thereof, with free ish and entry to the same moss with carts and wagons to the same for transporting of the same peat and turf, lying within the lordship and sheriffdom foresaid, held of his majesty and his successors in feu ferm, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses, conditions, passages, provisions and circumstances mentioned and expressed in the charters and infeftments respectively foresaid and every one of them. And in special his majesty and estates foresaid ratify and approve the said infeftment of the said lands and barony of Binning in so far as the same bears the lands of Wester Binning with tower, fortalice, manor place, houses, buildings, yards, orchards, mills, mills lands, multures and sucken thereof, coals, coal pits, parts, pendicles and their pertinents, the said one oxengate of land in Easter Binning, the said portion of land, portion of meadowland contiguous thereto called the Damflatt and Lochhead, the said land of Orchardfield with the pertinents, the said lands of Broadlaw and Hangingside with their pertinents, to be given and conveyed in free blench, whereas the same held of his highness by service of ward and relief of before; and find and declare that the said conversion of the holding of the said lands was given by his highness for good and reasonable causes of certain knowledge and proper motive, and that the said lands are and shall be held of his highness in free blench for ever; and also ratify and confirm the said infeftment of the said lands and barony of Binning in so far as the same comprehends the lands of the kirk lands of Easter Binning, Wester Binning, Broadlaw, alias Middle Binning, called the Nunlands, with tenants, tenancies and service of free tenants thereof, feu ferms, yearly rents, parts, pendicles, dependents and pertinents thereof whatsoever, and also all and whole the kirk lands of the vicarage of Bynnyrigis with their pendicles and pertinents, together with all and sundry the kirk lands of the said vicarage of the said parish kirk of Binning, extending to 40 acres of arable land with the pertinents, and all and whole the lands of Middle Binning pertaining of before to the abbacy and place of Elcho, extending to four oxengate of land or thereby, lying within the barony of Binning and sheriffdom of Linlithgow, together with the said infeftment of the said town and lands and mains of Drumcross, with the mill, mills lands, multures and pertinents thereof above-specified, with the said two quarters or two fourth parts of the said lands of the said Northfield of Drumcross, with the privileges and pertinents of the same above-mentioned, which are a part of his highness's annexed lands and property and are conveyed to be held of his highness in feu ferm for payment of the particular feu duty contained in the said two infeftments, and find and declare that the said feu duties therein contained are the just old rentals of the said lands; likewise his highness and estates foresaid of new dissolve the said lands from his highness's crown and patrimony thereof, for new infeftment to be given to the said Sir Thomas and his heirs foresaid of the same, and that the remaining lands or most part of the same are held ward, to be held of his highness in such sort and manner and for payment of such yearly duty as shall please his majesty to give and convey to the said Sir Thomas and his foresaids. Moreover, his highness and estates foresaid, considering that a great part of the said lands and barony of Byres pertaining heritably to the said Sir Thomas are of old held blench of his highness and the remainder of the said lands or the most part of the same are held ward, and his majesty, being mindful of the good, true and sincere service done to his highness by the said Sir Thomas, therefore his highness, with consent of his estates foresaid, finds and declares that the said remaining lands of the Byres which were held in ward and relief of his majesty in time bygone, namely: the said lands and mains of Drem, Dremhill, Coittis, Middlethird, Coittaikers within Drem, Sanyngis, Muretoun, Mungoswells, Garleton and Harvieston with their pertinents, with the said advocation, donation and right of patronage of the foresaid kirk of Haddington and chaplainry called the Lady Chapel of the Drem, and all their pertinents, shall be held of his highness and his successors in all time coming in free blench for payment of one penny. And his majesty and estates foresaid ordain an infeftment to pass in favour of the said Sir Thomas and his foresaids conveying the foresaid whole lands and barony of the Byres and whole particular lands thereof, and also of the said lands of Binning, namely: of the said lands of Wester Binning with tower, fortalice, manor place, houses, buildings, orchards, yards, mills, mills lands, multures and sucken thereof, coals, coal pits, parts, pendicles, dependents and all their pertinents, the said one oxengate of land in Wester Binning, with tenants, tenancies and service of free tenants thereof and all their pertinents, the said portion of land and portion of meadow lying contiguous thereto called Damflat and Lochhead, the said lands of Orchardfield, the said lands of Broadlaw and Hangingside with their pertinents, to be held of his highness and his successors in free blench for payment of a silver penny; and also conveying to the said Sir Thomas and his foresaids the said remaining lands of Binning, with the said lands and mill of Drumcross above-specified, to be held of his highness in feu ferm for payment of the feu duties following, namely: for the said lands of Nunlands of Wester Binning, Easter Binning and Broadlaw the sum of 22 merks money of Scotland, and paying the like sum of 22 merks money foresaid at the entry of every one in name of feu ferm, in addition to the feu ferm above-specified; as also doing and performing all other services and duties contained in the old infeftments of the said lands according to the tenor thereof in all points. And for the said kirk lands of the said vicarage of Binning, the sum of 4 merks money foresaid, and doubling the said sum the first year of the entry of each one to the said lands as use is of feu ferm only; and also giving yearly for the said right of patronage of the said vicarage of Binning a white rose at the feast of St John the Baptist,² called Midsummer, in name of blench ferm only. And also giving yearly for the said town, lands and mains and mill of Drumcross with their pertinents the sum of £15 15s usual money of Scotland according to rate; and for the said two quarters called the Knock and Middle Quarter with the privileges foresaid, the sum of £3 12s money foresaid according to rate and proportionally in name of feu ferm; and also the heirs and assignees of the said Sir Thomas doubling the feu ferm the first year of their entry to the said lands as use is of feu ferm only; and also the said Sir Thomas, his heirs and assignees building and sustaining upon the ground of the said lands a sufficient hall, chamber and stable and making other policy correspondent to the ground; and also erecting and uniting the said whole lands, as well feu lands as blench lands above-expressed, in a whole and free barony to be called in all time coming the barony of the Byres, and a sasine to be taken at the tower and fortalice of the Byres to be sufficient for the whole lands above-written. And his highness and estates foresaid declare that the non-payment of the said feu duties for the space of two years running together unpaid shall not be a cause of nullity or reduction of the said infeftments, nor to make the said lands to fall in commissum, but that only his highness, his comptrollers and officers shall have recourse to the said lands, goods and gear being thereupon for poinding and distrenzieing for the same for the said duties, and that notwithstanding the act and statute of his highness's parliament made in the year of God 1597, to the which this ratification shall make express derogation; and ordain charters and precepts to pass hereupon in the appropriate form.