[1672/6/82]¹

Ratification in favour of [Alexander Erskine], earl of Kellie

Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his majesty and his successors, perpetually confirms, the charter and infeftment granted by our said sovereign lord, with advice and consent of the lords and other commissioners of his majesty's treasury and exchequer in Scotland, to Alexander, earl of Kellie, lord Pittenweem etc., his male heirs and assignees whatsoever heritably, of all and whole the lands, baronies, lordship and others underwritten with the pertinents, namely, of all and whole the lands and barony of Kellie, comprehending all and whole the mains of Kellie, with houses, biggings, yards, orchards, dovecots, parks, meadows, coals, coalheughs, parts, pendicles and whole pertinents thereof; all and whole the towns and lands of Over Kellie, Auchineroch,² Belliston, Baldutho, the mills called Kellie Mills, the third part of the lands of Greenside, Parksholl and Cousholl, and all other lands of the said barony, as well not named as named, with the pertinents of the said whole lands, lying within the sheriffdom of Fife, which lands, barony, mills and others above-specified are united and erected in a whole and free barony, called the barony of Kellie; and also of all and whole the lordship of Pittenweem, comprehending the lands and others underwritten, namely, the manor place of Pittenweem, of old called the monastery of Pittenweem, with houses, biggings, yards, orchards and pertinents thereof, lying within the enclosure, precinct or walls of the said monastery and place thereof; all and whole the burgh and town of Pittenweem and Anstruther, upon the west part of the burn thereof, with the lands, tenements, houses, biggings, yards and pertinents thereof, together with the ports, anchorages, customs, privileges, profits, immunities and casualties whatsoever belonging thereto, which pertained the time bygone to the priory of Pittenweem and patrimony of the same, or in possession whereof the commendators of the said priory were in any time in the past; as also, all and whole the lands and acres of Pittenweem, Anstruther, Milltown of Pittenweem, acres of the same, the lands of Grangemuir, Easter Greendykes, with the wards and meadows thereof, the lands of Cairnebrigs, the lands of Lingo, the lands called the Inch, the lands called Pittotter, the lands called Lochend, the isle called the Isle of May, and croft of Crail, called Monkscroft, together with coals and coalheughs, as well won as to be won and found out in whatsoever part or parts of the said lordship and barony of Pittenweem, as well in lands tilled or tillable as in other lands of the same, with special power of breaking and digging the ground of any part of the said lands, barony and lordship, and of casting and winning coalheughs, sinks, watergangs, passages and all other things necessary therein for working, winning and transporting of the said coals, according to their pleasure, as well to the place, town and saltpans of Pittenweem as to any other part or parts as they shall think expedient; all and sundry the lands and waste ground lying within the east-end of the town of Anstruther, to the marches of St Monans, under the bank or heugh, as well within as without the sea mark, with all tenements, saltpans, houses, girnels within the bounds foresaid and pertinents thereof, with the privilege of finding and winning of lime, lime quarries, building kilns and burning of lime in the said lands, with wind mills and water mills, sequels and pertinents of the same, with the commonties of Pittenweem, mosses, marshes, the muir called the Coalpitmuire, and other muirs, meadows and wards thereof with the pertinents, and with the privilege and liberty of fishing in the sea with boats, nets and other engines whatsoever belonging to the said lordship, all lying within the sheriffdom of Fife; as also, all and sundry the lands and barony of Easter and Wester Rhynd, boat and fishing upon the water of Tay belonging thereto, lying within the sheriffdom of Perth, croft of land of Arbroath called Arbroaths croft, lying within the sheriffdom of Forfar, the lands of Mayshiel, the lands of Maylands of Baro, crofts and lands of Belhaven, lying within the constabulary of Haddington and sheriffdom of Edinburgh, with all and sundry lands, baronies, castles, towers, fortalices, manor places, yards, orchards, mills, multures, woods, fishings, coals, coalheughs, saltpans, tenants, tenantries and service of free tenants, annexes, connexes, outsets, parts, pendicles and pertinents whatsoever, annualrents, feu ferms, kanes, customs, casualties, profits and duties whatsoever pertaining, or which pertained of before to the temporality of the said priory of Pittenweem, or which were possessed or uplifted by the commendators of the said priory or convent of the same, at any time bygone, which of old pertained to the said priory as parts of the temporality, patrimony and property thereof; and likewise, all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents, emoluments and duties whatsoever of the said kirk of Pittenweem, Anstruther upon the west part of the burn thereof, and parish kirk of Rhynd, as well parsonage as vicarage thereof, and pertinents of the same, all united, annexed, created and incorporated in a whole and free lordship, called the lordship of Pittenweem, under the reservation of the superiority of the said lordship of Pittenweem and others foresaid, to our said sovereign lord and his successors, mentioned in the said infeftment, which charter proceeded upon the resignation of the said Alexander, earl of Kellie himself, together with the new gift and disposition contained in the said charter, granted by his said majesty to the said Alexander, earl of Kellie and his foresaids, of all and whole the said lands, baronies, lordship and others above-specified, with the pertinents, comprehending, as said is, with the teinds, parsonage and vicarage, and other duties above-written of the parish of Pittenweem, Anstruther upon the west part of the burn thereof, and of the parish kirk of Rhynd, parsonage and vicarage thereof, and pertinents of the same, all united and annexed, as said is, together also with the advocation, donation and right of patronage of the parish kirks and parishes of Carnbee, Pittenweem, Anstruther Wester and Rhynd, with the whole fruits, rents, emoluments and duties thereof, with all right title and interest which our said sovereign lord had to the same, and which charter contains an erection of the said whole lands and others above-written, into a whole and free earldom, to be called now and in all time coming, the earldom of Kellie, to be held of his majesty and his successors in fee and heritage for ever, giving yearly the said Alexander, earl of Kellie etc., his male heirs and assignees foresaid, to our said sovereign lord and his majesty's successors for the said lands and barony of Kellie, comprehending as said is, one pound of white wax, one pair of gloves upon St Monan's day [1 March], and three suits at three head courts of the sheriffdom of Fife, in name of blench ferm only, for the wards, reliefs and marriages; and for the said lordship of Pittenweem, comprehending as said is, the sum of 20 merks usual money of Scotland upon the feast of Whitsunday [May/June], in name of blench ferm, as also paying yearly to the ministers serving the cure at the said kirks of Pittenweem, called Anstruther on the west part of the burn thereof and Rhynd respectively, the yearly duties and stipends particularly mentioned in the old rights and infeftments of the said Alexander, earl of Kellie and his predecessors, at the terms of payment used and wont, and supplying the elements of bread and wine for the celebration of the communion within the said kirks, as also relieving the said ministers of all taxations and burdens to be imposed upon the teinds, fruits and rents of the said kirks, and repairing of the same in all time coming, and for the said advocation, donation and right of patronage of the said parish kirk and and parishes of Carnbee, Pittenweem, Anstruther Wester and Rhynd, the sum of 2d money of Scotland at the feast of Whitsunday, in name of blench ferm if the same is asked only, as in the said charter, of the date at Windsor Castle, 10 July 1671 at more length is contained; together with the precept of sasine directed furth of his majesty's chancellery upon the said charter, under his majesty's quarter seal, together also with the instrument of sasine competent to follow thereupon, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained in the said charter and precept, and after the forms and tenors thereof in all points. And his majesty, with advice and consent of the estates of this present parliament, statutes and ordains the said charter, precept of sasine foresaid and instrument of sasine to follow thereupon, to stand, subsist and to be good, valid and sufficient rights and securities to the said Alexander, earl of Kellie and his foresaids, in so far as concerns the interest of his majesty and his successors, and that his majesty, or his successors, shall never revoke, contradict or come to the contrary hereof in the first word, directly nor indirectly, upon whatsoever ground of the law, act of parliament or constitution whatsoever conceived or that may be conceived in favour of his majesty's successors, in any manner of way. And also, with advice and consent foresaid, wills and grants and, for his majesty and his successors, decrees and ordains that this present ratification is and shall be as valid, sufficient and effectual to the said Alexander, earl of Kellie and his foresaids, as if the said charter and precept and instrument of sasine to follow thereupon were herein at length word for word specially and particularly inserted and engrossed; with the which our said sovereign lord, with advice and consent foresaid, for his highness and his successors has dispensed and, by this act, dispenses for ever.