[1672/6/121]¹

Ratification in favour of Patrick Maxwell of Tealing

Our sovereign lord, with advice and consent of the estates of parliament, convened by his majesty's special authority, ratifies, approves and confirms to and in favour of Patrick Maxwell, third lawful son to Sir Patrick Maxwell of Newark, knight, his male heirs and assignees whatsoever, the charter and infeftment granted by his majesty to him, under his majesty's great seal of this kingdom, of the date at Edinburgh, 11 February 1670, of all and whole the lands and barony of Tealing and others underwritten, with the pertinents, namely, all and whole the mains of Tealing, commonly called the Milltown, with the tower, fortalice, manor place, houses, biggings, yards, orchards and dovecots of the same, with the mill of Tealing, mill-lands, multures and sequels of the same, parts, pendicles and whole pertinents of the same whatsoever; and likewise, all and whole the lands of Balnuith, and all and whole the half of all and sundry the lands of Balgray, the half of the lands of Kirkton, the half of the lands of Balkemback and half of the lands of Balkello, with all and sundry their houses, biggings, yards, tofts, crofts, annexes, connexes, outsets, insets, parts, pendicles and whole other pertinents of the said lands, lying within the sheriffdom of Forfar, which lands, with the pertinents, by a charter granted by King James VI, of ever blessed memory, under the great seal of this kingdom, of the date 29 June 1611, are all united and annexed in a free barony to be called, then and in all time thereafter, the barony of Tealing, ordaining the manor place of Tealing to be the principal messuage of the said barony, and a sasine to be taken at the said manor place of Tealing in all time thereafter to be a good and sufficient sasine for the whole lands and barony, albeit they lie not contiguous, together with the new gift, disposition and confirmation contained in the said charter granted by his majesty, with consent of the foresaid lords commissioners of his majesty's treasury and other lords of his majesty's exchequer, of the lands and barony above-written, with the whole pertinents of the same above-specified, to the said Patrick Maxwell, and his male heirs and assignees foresaid, and with all right, title, interest, claim of right, property and possession, as well petitor as possessor, which his majesty, his predecessors or successors had, has or in any way may have, claim or pretend to the said lands and barony with the pertinents, or to the mails, ferms, profits and duties of the same, of all years and terms bygone and to come, by reason of ward, relief, non-entry, liferent, escheat, forfeiture, recognition, purpresture, alienation, reduction, disclamation, bastardy, last heir or by any other manner of way, right or title for whatsoever cause, deed or occasion bygone, preceding the date of the said charter, to be held of our sovereign lord, and his highness's successors, immediate lawful superiors of the same, in free barony, fee heritage and taxed ward for ever, for yearly payment to his majesty, and his highness's successors, of the taxed ward duties underwritten, for the whole lands and barony above-written with the pertinents, namely, the sum of 300 merks Scots money, at two terms in the year Whitsunday [May/June] and Martinmas [11 November] by equal portions, during the whole time of the ward and non-entry, or either of them when it shall happen, the like sum for the relief thereof, together with the sum of 600 merks money foresaid for the marriage of the heir whose marriage shall happen to fall only, to the which sums of money above-written his majesty, with advice and consent above-written, for him and his successors, has taxed the said ward, non-entry and marriage and relief in all time coming, and now as if the same were already fallen in his majesty and his successors' hands and, then as now, has assigned and conveyed the same to the said Patrick Maxwell and his said male heirs and assignees foresaid, with the mails, ferms, profits and duties of all and sundry the whole foresaid lands and barony with the pertinents, and that of all years and terms that it shall happen the same to fall, and become in his majesty or his successors' hands, by reason of ward and non-entry or either of them, for payment of the taxed duties above-written for ever, and has ordained and declared that it shall be rightful to the said male heirs and assignees foresaid of the said Patrick Maxwell, and to their heirs and successors heritors of the said lands and barony in all time coming, at whatsoever time of their age, to enter, and be served and retoured and to obtain themselves infeft in the said lands and barony by brieves to be directed furth of his majesty's chancellery, notwithstanding of the said ward holding and minority of the said heirs, dispensing with the said services and with the judges and persons of inquest that shall happen to be thereupon, and declaring the said services, retours, precepts and infeftments to follow thereon to be as good and sufficient as if the same were done after the said heirs had attained to their perfect age of twenty-one years complete, or by virtue of particular dispensations for that effect, together with the precept of sasine relative to the said charter and with the instrument of sasine following thereon, in favour of the said Patrick Maxwell, in all and sundry the heads, points, articles, circumstances, clauses and conditions contained in the said charter, and precept of sasine, after the form and tenor thereof, in all points. And our said sovereign lord and estates of parliament, will and grant and, for his majesty and his highness's successors, decree, ordain and declare that this present ratification hereof shall be as good, valid and sufficient and of as great force, strength and effect to the said Patrick Maxwell, and his said male heirs and assignees foresaid, for bruiking, enjoying and possessing the said lands and barony, with the whole parts, pendicles and pertinents of the same whatsoever, with the privilege of free barony above-written, for payment of the taxed ward duties above-specified herein contained when they shall happen to fall only, and to enjoy the other privileges, freedoms and liberties above-mentioned contained in the said charter, and precept of sasine, as if the same were at length engrossed and inserted word for word in this present ratification, notwithstanding the same be not so done; with the which and concerning all other faults, defects and imperfections of the said charter and infeftment, or which may be proposed, objected or alleged against the same validity or invalidity thereof, or this present ratification of the same, our said sovereign lord and estates of parliament, has dispensed and, by this act, dispense for ever.