[1685/4/77]¹

Act of annexation of several lands to the crown and protest

Our sovereign lord and estates of parliament, considering that the traitors after-mentioned have of late been forfeited upon processes of treason, intended at the instance of Sir George MacKenzie [of Rosehaugh], his majesty's advocate, against them, both before the high court of parliament and the commissioners of justiciary, namely Sir John Cochrane of Ochiltree, Sir Patrick Home of Polwarth, Thomas Stewart of Coltness, [George] Pringle of Torwoodlee, George [Melville], late lord Melville, David Montgomery of Lainshaw, Sir Hugh Campbell of Cessnock, Sir George Campbell, younger of Cessnock, Mr Robert Martin, sometimes clerk to the justice court, Walter [Scott], late earl of Tarras, Mr Robert Baillie of Jerviswood, Thomas Kennedy of Grange, [John] Porterfield of Duchal, Mr William and Alexander Gordon, late of Earlston, elder and younger, and James Gordon, younger of Craiglaw; and his majesty and estates of parliament, being desirous to annex the whole lands, baronies, teinds, annualrents, rooms, possessions, mills, woods, fishings and others which pertained to the forenamed persons in any manner of way to the crown, for the better supporting the dignity of his royal estate and the expenses of his government, his majesty does therefore, with advice and consent foresaid, ratify and confirm the said decreets of forfeiture, and ordains the same to be of full force, strength and effect in all time coming, holding and willing this their ratification to be as sufficient and effectual as if the said decreets and whole tenors thereof were inserted herein. And further his majesty, with consent foresaid, does unite, annex and incorporate to his crown of this his ancient kingdom to remain inseparably therewith, in all time coming, all and whatsoever lands, lordships, baronies, heritages, rooms, possessions, mills, woods, fishings, tacks, steadings, teinds, annualrents, patronages, wadsets, expired apprisings and adjudications, castles, towers, fortalices, houses, biggings, yards, orchards, annexes, connexes, tenants, goods and acres and all other heritages, lands and estates whatsoever pertaining and belonging to the forenamed persons, rebels and traitors above-mentioned, or any of them by whatsoever manner of way, right or title wherein they or any of them have been or might have been in possession, or to which they or any of them have succeeded or may succeed as representing any person, and where the same lie within this realm, of whatsoever name, title, bounding or designation the same be of, dispensing with the foresaid generality, and declaring the same to be as sufficient as if every particular room, land or barony pertaining to the forenamed forfeited rebels and traitors, or any of them, and which can in any manner of way fall under their forfeitures, were herein particularly condescended on and expressed, and particularly without prejudice of the foresaid generality the lands, baronies and others after-mentioned which formerly pertained to those of the said traitors after-named, namely the lands and barony of Ochiltree, the lands and barony of Traboch, the lands of Chalmerston, the lands of Kinoudouns and Flounstoun, the lands of Craigman, the lands of Brownstoun, Baches,² the lands of Greenhill, and the superiorities and feu duties of the twenty pound land of Carbell, all lying within the sheriffdom of Ayr, with the whole pertinents thereof which pertained to the said Sir John Cochrane, sometime of Ochiltree; the lands and barony of Polwarth, the lands and barony of Greenlaw-Redpath, with the rights of patronages and whole pertinents thereof, and lands of [...]³ pertaining to the said Sir Patrick Home, sometime of Polwarth, lying within the sheriffdom of Berwick; the lands and barony of Coltness, lying within the sheriffdom of Lanark, and the lands of North Berwick, lying within the constabulary of Haddington, which pertained to the said Thomas Stewart, sometime of Coltness; the lands and barony of Torwoodlee, with the pertinents thereof, lying within the lordship of Ettrick Forest, and sheriffdom of Selkirk, sometime pertaining to the said [George] Pringle of Torwoodlee; the lands, lordship and barony of Monimail, comprehending the lands, patronages and baronies mentioned in the infeftments thereof, lying within the sheriffdom of Fife, and particularly comprehending the lands and baronies of Raith and Balwearie, sometime pertaining to the said George [Melville], lord Melville; the ten merk land of Lainshaw and teinds thereof, the ten merk land of Kirkbride, with the mill and pertinents, the five pound land of Milnton of Flett, the five merk land of Over and Nether Peacock lands, with the mill and pertinents, with the tower and fortalice called Castle Stewart, and lands of Brokholmer,⁴ all lying within the bailiary of Cunninghame and sheriffdom of Ayr; and the lands of Over Castleton, extending to a three merk land, with the teinds and pertinents, lying within the said bailiary and sheriffdom, all formerly pertaining to the said David Montgomery, sometime of Lainshaw; the lands and barony of Riccarton, the lands and barony of⁵ Galston, with the tower of Cessnock and pertinents, the lands and barony of Baird, the lands and barony of Castlemains, the lands and barony of Haining-Grass,⁶ all lying within the sheriffdom of Ayr; and the lands of Newhall, lying within the sheriffdom of Fife, formerly pertaining to the said Sir Hugh and Sir George Campbell⁷ of Cessnock; the lands and barony of Highchesters, the Mains of Borthwicksheils, lying within the shire of Roxburgh, the lands of Roberton and Howcleuchmill and pertinents thereof, lying in the sheriffdom of Selkirk; the lands and steadings of Ailmoor, lying in the said shire, the lands of Cassock, Tameucher and Glendearg, lying in Eskdale muir, the lands of Harden, Mabonlaw, Highchester and Borthwick Wells,⁸ lying in the sheriffdom of Roxburgh, formerly pertaining to the said Walter [Scott], sometime earl of Tarras; the lands and barony of Jerviswood, lying within the sheriffdom of Lanark, the lands and barony of Mellerstain, lying within the sheriffdom of Roxburgh, formerly pertaining to the said Mr Robert Baillie, sometime of Jerviswood; the lands of Grange and heritable office of bailiary of Monkland, lying within the bailiary of Carrick and sheriffdom of Ayr formerly, pertaining to Thomas Kennedy, sometime of Grange; the lands and barony of Duchal and [...] pertaining to [John] Porterfield, sometime of Duchal; the lands and barony of Earlston, the lands and barony of Kenmuir and others formerly pertaining to the said William and Alexander Gordon, late of Earlston, lying within the sheriffdom of Wigtown and stewartry of Kirkcudbright respectively; the lands and barony of Craiglaw and others formerly pertaining to the said James Gordon, younger of Craiglaw, together with all other lands, teinds and rights whatsoever belonging to the remainder of the said traitors, or to all or any of them or whereof they were in possession, or to which they might have succeeded in any manner of way, with all lands, teinds and others, castles, towers, fortalices, mills, multures, fishings, annualrents, reversions, patronages of kirks and teinds, parsonages and vicarages, and all and whatsoever mines of gold, silver, copper and other minerals within the foresaid bounds and belonging to the said forfeited traitors, with all other parts, pendicles and pertinents, casualties, privileges, jurisdictions, offices and others whatsoever pertaining to the same; all which his majesty, with consent foresaid, does unite and annex to his crown, declaring the generality foresaid to be as sufficient, to the intent and effect foresaid, as if each part, parcel and pertinents of the said lands, offices, patronages, privileges and others belonging to the said traitors, or any of them and whereof they were in possession, were herein expressed. And it is statute and declared that the said lordships, lands, baronies, teinds and others respectively above-mentioned, annexed to the crown in manner foresaid, shall remain therewith in all time coming, and that the same, or any part thereof, shall not nor may not be given away in fee and heritage, nor in freehold or liferent, pension or tack, except for the full duty which may be received from and paid by the tenants, or by any other manner of alienation, right or disposition whatsoever, to any person or persons of whatsoever estate, degree or quality they be, without advice, decreet and deliberation of the whole parliament, and for great, weighty and reasonable causes concerning the good, welfare and public interest of the whole kingdom, first to be proposed and to be advised and maturely pondered and considered by the estates in its entirely before any previous grant, right or deed be given, made or done by his majesty or his successors concerning the disposition of the said lordships, baronies and others, or any part thereof, which may in any way predetermine them or the estates of parliament, and prejudge the freedom of their deliberation and consent. And if at any time hereafter it shall be thought fit to convey or grant any right of any part of the said lands, superiorities, offices, teinds and others, it is declared that the general narrative of good services, weighty causes and considerations shall not be sufficient but the particular causes and considerations, whereupon his majesty and his successors may be induced to grant, and the estates to consent to such rights, or to be expressed that it may appear that the same is not granted through importunity, or upon private suggestions or pretences, but for true, just and reasonable causes and considerations of public concern. And further, it is declared that if any general act of dissolution of his majesty's property shall be made at any time hereafter, the said lands and others above-mentioned⁹ shall not be understood to fall or be comprehended under the same, and if the said lands and others foresaid, or any part thereof, shall be alienated and conveyed, or any right of the same shall be granted otherwise than is appointed and ordained in manner above-mentioned, his majesty, with consent foresaid, does statute and declare that all dispositions, infeftments and other rights of the said lands and others foresaid, or any part thereof which shall be granted contrary to this present act, with all acts of dissolution and ratification, and other acts of parliament concerning the same, shall be, from the beginning and in all time coming, void and null and of no effect, and notwithstanding thereof, it shall be lawful to our sovereign lord and his successors for the time, to take back and receive, at their pleasure, for their own use, without any process of law, the lands and others above annexed, or any part thereof which shall be alienated or conveyed, and these in whose favour any such rights and alienations shall be made shall be accountable for and liable to refund and pay all profits, intromission or benefit taken uplifted or enjoyed by them in the meantime. And it is declared that all other clauses, articles and provisions contained in any former act or acts of annexation to the advantage of his majesty and his crown are and shall be held as repeated and inserted herein; but it is hereby always declared, that if any of the said lands hold of a subaltern vassal that it shall be lawful to his majesty to present a vassal to the intermediate superior. To the end his majesty may thereby apply the mails and duties of these lands so held to his majesty's own use, it is always hereby declared that the annexation of the lands of North Berwick, as belonging to the said Thomas Stewart, sometime of Coltness, shall not prejudge the senators of the college of justice as to their right and interest in these lands, who are hereby declared preferable for the same, reserving also Lieutenant Colonel Theophilus Ogilthorp and Major Main and Captain Cornwall his authors, the rights and grants made to them respective by his late majesty, in so far as concerns the lands gifted to them to be bruiked and enjoyed by them, until they be satisfied by his majesty or by their own intromissions.

Sir David Balfour of Forret protested on the behalf of Mr John Preston that the said act may not prejudge him of his right and interest in the lands of Newhall, and Hugh Wallace of Ingliston protested in the contrary.