[1670/7/52]¹

Ratification in favour of James Borthwick of Stow

Our sovereign lord, with advice and consent of the estates of this present parliament, has ratified and approved and, for his highness and his successors, perpetually confirmed, likewise our said sovereign lord, with advice and consent foresaid, by this act, ratifies and approves and, for his highness and his successors, perpetually confirms the whole writs, evidents, rights, titles and securities underwritten, made and granted by the persons after-named, to his highness's beloved James Borthwick of Stow, namely, the charter after-mentioned, vendition, concession, heritable and irredeemable disposition therein contained, made, given and granted by the right reverend father in God, James [Sharp], by the mercy of God, archbishop of St Andrews, primate and metropolitan of all Scotland, superior of the lands and others underwritten with the pertinents, with consent of the dean and chapter of the metropolitan kirk thereof, to and in favour of the said James Borthwick, his heirs and assignees, heritably and irredeemably, of all and sundry the lands and others respectively and particularly after-mentioned with the pertinents, designed in manner underwritten, namely, of all and sundry the lands and town of Cribbilaw and Overluget, with commonty and common pasture in the common of Lugate, in all parts of the same, with free ish and entry thereto, with mills, multures and their sequels; as also, of the town and lands of Stow, and four cotlands, smiddylands and halyards, with community and common pasture in the community of Stow, in all parts thereof, with free ish and entry to and from the same, with mills, multures and their sequels; and likewise, of all and whole the lands of Watherston,² with community and common pasture in the said community of Lugate in all parts thereof, with free ish and entry thereto, with mills, multures and their sequels, with all and sundry their towers, fortalices, manor places, houses, biggings, yards, orchards, tofts, crofts, dovecots, woods, fishings, hawkings, huntings, jurisdiction, annexes, connexes, outsets, peats, turves, coals, coalheughs and all their parts, pendicles and pertinents whatsoever pertaining and belonging to any of the said lands, towns and others respectively and particularly above-mentioned, or any part of the same, all lying within the barony and lordship of Stow in Waddell regality of St Andrews, and sheriffdom of Edinburgh, and all united in a whole and free tenantry, called the tenantry of Stow, to be held of the said archbishop and his successors, immediate lawful superiors thereof, for yearly payment to them of the feu duties, blench duties and others therein mentioned, as the same charter, containing a gift of novodamus therein, and several other heads, clauses and conditions, of the date at Edinburgh, 8 March 1664, at more length purports, together with the precept of sasine contained therein and instrument of sasine following thereupon. And likewise, our said sovereign lord, with advice and consent foresaid, has ratified and approved and, for his highness and his successors, perpetually confirms the letter of alienation and disposition made and granted by a noble lord John [Borthwick], lord Borthwick, with advice and consent of the persons therein mentioned, to and in favour of the said James Borthwick and his foresaids, heritably and irredeemably, not only of all and sundry the lands and others respectively and particularly above-written, with the pertinents, held of the said archbishop of St Andrews, but also of all and sundry the lands of Raeshaw and Ladiesyde, with the houses, biggings and whole pertinents thereof, lying within the barony of Heriotmuir and sheriffdom of Edinburgh, held of our sovereign lord and his highness's successors, and that in special and real warrandice and security to the said James Borthwick and his foresaids, of all and sundry the foresaid lands held of the said archbishop (except the said lands of Birksneip with the pertinents), dated 12 November and 18 December 1663, together with the procuratory of resignation and precept of sasine therein contained, and instruments of resignation and instrument of sasine following thereupon. As also, our said sovereign lord, with advice and consent foresaid, has ratified and approved and, for his highness and his successors, has perpetually confirmed a charter of confirmation, under his majesty's great seal, made and granted by his highness, with advice and consent of the lords of exchequer, to and in favour of the said James Borthwick, ratifying, approving and confirming to him, and his foresaids, the whole writs above-mentioned, dated at Edinburgh, 18 April 1664; and also, a decreet of improbation and certification obtained, at the said archbishop's instance before the lords of council and session, against Janet Home, lawful daughter to the late Major John Home of Carolside, and her tutors and curators, and Robert Home of Dirrington, of the writs and securities granted to them and their predecessors and authors of the said lands of Birksneip, with the pertinents, dated 20 July 1664; together with an assignation and declaration made and granted by the said archbishop of St Andrews to the said James Borthwick and his foresaids of the same, dated 21 July³ 1665; together, in like manner, with the decreets of reduction and removing obtained at the said James Borthwick's own instance, against the said persons and others before the said lords, in relation to the said lands of Birksneip, upon 8 and 15 July 1665; and likewise, a bond and obligation made and granted by the said John, lord Borthwick to the said James Borthwick, dated 31 July 1668, whereby the said noble lord has astricted his whole tenants and vassals within the tenantries of Cribbilaw and Halltree to the said James Borthwick's mill or mills built or to be built upon any part of the ground of the lands belonging, or that shall belong to him in property, lying within the regality of Stow and sheriffdom of Edinburgh; together with the said archbishop's confirmation and ratification thereof, dated March 5 1669⁴; and in like manner, a contract and agreement made between the said James Borthwick and William Borthwick of Johnstonburn on the one and other parts, dated 11 November 1664, whereby the said James has right to that part of the said community of Lugate, called Gaitlie, and he and his foresaids are to peaceably bruik, enjoy and possess the same in time coming, as their own property. And moreover, our said sovereign lord, with advice and consent foresaid, has ratified, approved and confirmed and, for his highness and his successors, ratifies, approves and perpetually confirms a letter of alienation and disposition made and granted by George Pringle of Torwoodlee to the said James Borthwick, his heirs and assignees, heritably and irredeemably, of all and whole the lands called Deruicks lands, with houses, yards, tofts, crofts and their whole pertinents, lying within the said lordship of Stow, regality of St Andrews, and sheriffdom of Edinburgh, to be held by two infeftments and manner of holdings therein mentioned, dated the [...] day of [...] 1670, together with the precept of sasine therein contained and instrument of sasine following thereupon; and likewise, an act granted by the provost, bailies and town council of Edinburgh to the said James Borthwick anent a burial place to him and his heirs, dated 1 June last, as the foresaid whole writs, rights and securities, containing diverse and sundry other heads, clauses, obligements and conditions, at more length bears. And further, our said sovereign lord, with advice and consent foresaid, has ratified, approved and confirmed and, by this act, ratifies, approves and confirms all and sundry the whole other writs, evidents, acts, rights, titles and securities and tacks of teinds, made and granted to the said James Borthwick, his authors and others from whom he and they have right of and concerning the said lands and others respectively, and particularly above-written with the pertinents, by whomsoever person or persons of whatsoever dates, tenors or contents the same is of or bear, with all that has followed or may follow thereupon, in all and sundry the heads, points, articles, provisions, conditions, obligements, circumstances and clauses of the said whole writs, rights and securities above-written, after the forms and tenors of the same in all points. And our said sovereign lord, with advice and consent foresaid, wills and grants and, for his highness and his successors, perpetually decrees and ordains that this present ratification and confirmation of the said writs, evidents, rights, titles and securities is and shall be, in all time coming, of as great benefit, force, strength and effect to the said James Borthwick, and his foresaids, as if the same were all at length and word for word inserted, engrossed and contained in this present confirmation, notwithstanding to eschew prolixity the same is not so done; anent the which and all other defects and imperfections and anent non-entries and non-payment of any duties due to the superiors furth of the said lands of Druiks⁵ lands, if any be, our said sovereign lord, with advice and consent foresaid, has dispensed and, by this act, dispenses for ever, notwithstanding of whatsoever exception of law may be proposed, objected or alleged to the contrary; with power to the said James Borthwick and his foresaids to make use of all the said rights and securities, or any of them, without prejudice to any another as they shall think fit.