[1705/6/119]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minuts of the last sederunt read.
Petition for Sir Andrew Kennedy against Sir Alexander Cumming of Culter, read and remitted to the lords of session to determine the point of right and possession of the petitioner's office as intire to be discussed summarly, which remit is as follows.
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of Sir Andrew Kennedy of Clowburn, conservator etc., humbly shewing unto them that it pleased the late King William, of ever glorious memory, very soon after the late happy revolution, to grant a commission to the petitioner to be conservator of the priviledges of this kingdom in the Netherlands for all the dayes of his natural life, of which commission and office the petitioner has been in possession more than fifeteen years and did justly judge himself secured therein as his property unless he should forfeit it by his malversations, and that the same were declared against him, it being not only the plain import of his commission ad vitam aut culpam but also fully secured both by the law and the Claim of Right, by which the office of all judges ought to be ad vitam aut culpam, and the disposeing of all forfeitures, before sentence, is declared to be contrary to law. Notwithstanding whereof, the petitioner is of late surprized by a commission alleadged to be granted by her majesty of his said place and office in favors of Sir Alexander Cumming of Culter, which being in law presumed to be obtained periculo impetrantis and not to be constructed† her majesties' deed, who is far from all injustice, the petitioner must with all submission represent that this second gift is unprecedented, and may be of ill consequence. And likewayes, that therein the petitioner is not only concluded guilty without any due sentence, but also as he is informed, deprived of both his right and possession which could not legally be done without a previous sentence, and doth evidently tend to his enorm prejudice and lesion. For which cause, so soon as the petitioner heard of Sir Alexander's said practice, he immediatly intented a declarator of his right dureing life and reduction and improbation of Sir Alexander's said gift, before the lords of session, the most competent judges in this cause, wherein he called the said Sir Alexander in order to a legal and free discussion, pretending to no more but that, if innocent as the petitioner hopes he shall be found, he might be secured from Sir Alexander's molestations and that, on the other hand if found guilty, Sir Alexander might then and not before have the benefite of his said pretended commission. But Sir Alexander not content to prosecute as the law allows and to attend a legal discussion and decision, hath not only past his gift per saltum under the great seal but also presented the same to the royal burrows in order to be presently put in possession, and no doubt will pursue the same method with the States General and toun of Campvere, who are concerned in the said office, which practises do not only tend to dispossess the petitioner summarly against law and his foresaid right, but must also be the occasion of great confusion to the prejudice of trade both here and in these forreign parts, where the said office is appointed for it's due regulation. The petitioner shall not here further reflect upon Sir Alexander's foresaid gift and commission, and what extraordinary clauses may be found therein, tho he humbly presumes to say that they may deserve the consideration of the honourable estates of parliament on severall accounts. But seeing that the petitioner is legally provided by his gift ad vitam, as said is, and that his office so secured is indeed his property and that he can neither be deprived thereof nor in the least molested in his possession save by course of law, which he never declined, and that by our law it is certain that any such second gift can take no effect whatsoever unless the former gift in the petitioner's favors be first declared to be lost, amitted and forefeited, he must on these considerations most humbly apply to her majesties' high commissioner and the honourable estates of parliament for their justice and protection against abuses not otherwayes to be prevented. For seeing Sir Alexander hath already, without attending any legal discussion or warrand, as said is, offered to take posesssion here to the petitioner's prejudice manifestly against law and that the petitioner cannot expect but that he will follow the same practice with the States General and toun of Campvere, not only to disturb the petitioner's possession but likewayes to the prejudice of the staple trade in these parts, the petitioner doth, with all submission, presume that his grace and their lordships will take the case into their consideration and, therefore, humbly craveing his grace and the honourable estates of parliament to take the premisses to their consideration and in regaird of the petitioners gift and commission, standing and cled with long possession, as said is, and that the petitioner has also raised a declarator of his right and reduction and improbation of Sir Alexander's gift wherein he is called to ordain that the petitioner's gift† and possession continue unmolested or undisturbed in any sort, except in due course of law, and that while the petitioner's foresaid gift is standing and not declared to be lost or forfeited, Sir Alexander hath no pretence either to right or to possession here or elsewhere, specially in these forreign parts more than if his said second gift had never been granted and that all objections are still intire to the petitioner against the said second gift as accords, as the said petition bears. And her majesties' commissioner and the said estates of parliament, haveing this day fully considered the said petition and being therewith well and ripely advised, they remitted and do hereby remit the right and possession as to the petitioner's office abovementioned intire to be summarly discussed before the lords of council and session without abideing the course of the roll. Extract.
[1705/6/120]*[print] [email] [cite] [preceding] [following]
Act in favors of Mistress Jean Ramsay, again read.
A resolve offered that the parliament, dureing this session, will not grant any new cess or any other imposition whatsomever upon the kingdom or any part thereof read.
Moved that before the resolve take effect the petitions given in for the toun of Dundee and other royall burrows be read and, after debate, it was agreed to proceed to the consideration of the act in favors of Mistress Jean Ramsay before approveing the resolve, and then it was put to the vote, agree to the resolve now read or read and consider the petitions presented by the toun of Dundee and the other royall burrows, and caried agree to the resolve.
[1705/6/121]*[print] [email] [cite] [preceding] [following]
Then the parliament proceeded to the consideration of the act in favors of Mistress Jean Ramsay appointing a moneths cess to be payed at the terms mentioned in the act for payment of the cloathing money and arrears due to the deceased Lieutenant General George Ramsay, her father and, after some amendments made upon the act, it was put to the vote, approve the act or not, and carried approve.
Petition for the merchants in Edinburgh in relation to passes from her majestie dureing the time of war for carrieing on their trade read, and recommended to her majesties' high commissioner to represent to her majesty as their humble request that passes be granted by her majestie to the subjects of this kingdome trading to France and Spain and that her majesty may be pleased to give such orders as shall protect them in their said trade as well against her majesties' ships of war and privateers as those of her allies.
Ordered that next sederunt the report of the commission for publick accounts be received and that the article relating to the Lord Belhaven and his partners their tack of excise be first under consideration, thereafter to consider the article relating to Broomhall's debursements for the army and then Ferguslie's case with relation to the pole-money.
[1705/6/122]*[print] [email] [cite] [preceding] [following]
Petition for the earl of Home, read craveing that some time be allowed to him to enter heir to his predecessors last infeft cum beneficio inventarij and the creditors allowed to see and answer the same against the next sederunt of parliament.
Petition for Sir Thomas Kennedy of Kirkhill, and partners of the tack of the excise betwixt the year jM vjC and ninety one and the year jM vjC and ninety six, read craveing their damnages sustained by breaking their tack by act of parliament and other supervenient laws to their prejudice be considered, and the petitioners recommended to her majesty in such manner as contained in the deliverance upon the said petition, which is as follows.
[1705/6/123]*[print] [email] [cite] [preceding] [following]
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of Sir Thomas Kennedy of Kirkhill and partners of the annexed excise from November, jM vjC and ninety one to November, jM vjC and ninety six, humbly shewing unto them that where the petitioners were tacksmen of the annexed excise of two merks upon the boll of malt, brown and vended within this kingdom, and of six pence upon the pint of brandie and strong waters made not of malt, and three pence upon the pint of aquavitae and strong waters made of malt for the space of five years from November, jM vjC and ninety one to November, jM vjC and ninety six, which tack contains warrandice at all hands and which certainly was the strongest assureance the petitioners could desire that the subject of their tack should remain unprejudged by any deed of the publick, and much more, that their tack should continue uninterrupted or broke contrary to the publick faith, which it implyes or otherwayes that all their damnages should be certainly and fully repaired conform to the law in all contracts of that nature. But notwithstanding of the said incontroverted ground and principle the petitioners were prejudged, first by supervenient laws and then by an act of parliament, that down right broke their tack. The supervenient laws that they complain of are first the act of parliament jM vjC and ninety three imposeing an additional excise of three pennies upon the pint of ale and beer for the space of twenty three moneths from the first of June, jM vjC and ninety three to the first of May, jM vjC and ninety five, which act did necessarly and exceedingly diminish the consumption of malt to the prejudice of the petitioners; for the method of this imposition upon the liquor being new and the additional burden great put the brewars in such disorder that many through the whole kingdom did cast up and intermit, or, if they continued to brew, it was in far less quantities, as is notourly known. Besides that, this intermission and giveing order of the brewars was visibly occasioned by the contest where this additional burden should lodge, the customers and drinkers expecting still that the ale and beer should continue of the same goodness and at the former price, which many brewars, not being able to comply with, did actually desist. There was also another great incumbrance that did arise to the petitioner's prejudice from the subtacks that they had set for the most part of the kingdom, except Edinburgh and some few other parts, where the subtacksmen in several shires gave over and took instruments against the petitioners and raised process of liberation or eases upon the said supervenient law, as the subtacksmen of the shires of Fyfe, Aberdeen, Merns and Angus comprehending the toun of Dundee, which process the lords, being unwilling to determine as concerning his majesties' revenue, the said subtacksmen applyed to the parliament and obtained remits and thereby put the petitioners to double and excessive expences. And as for the toun of Edinburgh and other parts, that the petitioners retained in their own collection the damnage occasioned by the said additional excise was very great as is evident by comparing their preceeding surveyes with those that were made after the said additional excise was imposed dureing the twenty three moneths whereof the survey fell far short as the petitioners are ready instantly to instruct, albeit the malt was no dearer dureing that space than before. The petitioners might also inform his grace and their lordships how that they were the first that ever raised the annexed excise when set upon the malt only without any help from the land rent of the shires, and yet they can make it appear by the surveyes of the shires of Roxburgh, Berwick and Wigtoun that these shires produced little more than the half of their quotas laid on them by the act of parliament jM vjC and sixty three dureing the standing of this additional excise, which is a clear demonstration how great a diminution this supervenient act did occasion to the subject of the petitioners' tack. Their tack was likewayes burdened with prior particular tacks set below the quota, as that of the shire of Aberdeen which was set for ten thousand pounds less and continued for the first year of the petitioners' tack, which they grant they undertook in prospect of advantage in the succeeding years, but were deprived thereof by the said supervenient act of the additional excise and by breaking of their tack in manner aftermentioned. Secondly, the petitioners are also prejudged by another supervenient act past in parliament in the year [...] whereby it is statute that, for bygones as well as in time comeing, the imposition upon brandy and strong waters should only be exacted from retailers in pints and lesser quantities, whereas by former acts the least cask of brandy allowed to be imported was half a hogshead and who ever sold in lesser quantities was reckoned a retailler, as was found by several decreets of exchequer upon the faith whereof the petitioners became tacksmen, whereas now all that buy brandy or strong waters in any quantity above a pint are clearly liberat, so that the excise of these liquors became not worth the collection, and the process the petitioners had for great sums of that excise depending before the exchequer are by the retrospect of this last act of parliament fallen to the enorm lesion and damnage of the petitioners. It hath been informed that the petitioners are considerable gainers, notwithstanding of these supervenient laws, but how is this possible when the duties of the subtack set by them do not amount to the quotas of the act of parliament and their tack duties do exceed these quotas greatly. And as for what remained to them in collection, they have offered to exhibite the books of their surveys, both before and after the additional excise, and all their desire is that their damnages may be liquidat accordingly. They shall not urge his grace and their lordships that the petitioners took the said tack with a prospect of advantage, which so far as it truely and naturally arises from their tack is as much their right as any other part of their property. But that which they precisely insist upon is that their tack is their right which, being of a subject uncertain, they have fully as good a claime to any profite that might have arisen by it as they had certainly been made lyable to the loss if the subject had come short, without any extraordinary accident, and consequently if any part of the subject of their tack be diminished or withheld by a supervenient law, it is evidently a prejudice to their tack, and an incurring of the warrandice of their damnage ought justly to be considered as if it were a pure damnum emergens. And tho publick laws may be made for the support of the government, yet if these laws should plainly interfere with and prejudge privat rights and contracts, the government is as much oblidged to make good the same as any privat party entering in the like contract. But in the next place, besides the diminution of the subject of the petitioners tack which they suffered by these supervenient laws which ought to be made good to them, they have another ground of complaint beyond all exception, viz. That in the parliament jM vjC and ninety five, when there was then a year and six moneths of their tack yet to run, the parliament thought good plainly and directly to break their tack by turning the annexed excise from the malt to the liquor and rescinding all tacks (whereof the petitioners was the only principal tack) of and concerning the said annexed excise upon malt, and declaring the same to be fallen in consequentiam of the dissolution there made. The petitioners are far from complaining as if the parliament had wronged them in this matter since they know perfectly that the parliament had never rescinded or taken away their tack and privat right but with a full purpose to repair them and, therefore, they need say no more on this head, but sure their tack was broke by the sovereign pleasure of king and parliament and undoubtedly with a design to make up their loss and satisfie their privat interest; the petitioners have no question but this high and honourable court will see it done the rather seeing what they humbly desire is obvious in law and natural reason that the publick, who set the tack, should either have made it good or repair the damnages, and that after a tack is set the subject of the tack cannot be altered nor the tack broken without mutual consent. And, therfore, craveing his grace and honourable estates of parliament to consider the damnages the petitioners have sustained, first by the said supervenient laws which is above five thousand pounds sterling as shall be instructed to a demonstration, and then by takeing away of their tack by the foresaid act of parliament jM vjC and ninety five while there was a year and six moneths of it still to run, which points being plain both in law and reason the petioners are persuaded that the justice and equity of the sovereign court of parliament will find out and provide the proper and just remedies whereby the petitioners may be fully repaired, as the said petition bears. And her majesties' high commissioner and the estates of parliament, haveing this day fully considered the said petition and being therewith well and ripely advised, they recommended and hereby recommend the petitioners to her majestie to repair the damnages sustained by them by reason of the supervenient acts of parliament mentioned in the petition in such way and manner as her majestie shall in her royal wisdom think fit. Extract.
[1705/6/124]*[print] [email] [cite] [preceding] [following]
Petition for Collonell James Campbell, read craveing payment of the arrears due to him mentioned in his petition and the petitioner recommended to the lords of thesaury, conform to the deliverance upon his petition, which is as followeth.
Her majesties' high commissioner and the estates of parliament, haveing heard the petition of Collonell James Campbell humbly shewing unto them that the petitioner, haveing been one of the captains of the Lord Forbes his regiment of dragoons, and there being considerable sums due to him as such, and several officers of the regiment haveing got their arrears, the petitioner did likewayes get a precept from the lords of her majesties' thesaury upon Sir Thomas Kennedy of Kirkhill for payment of one hundred and four pounds, one shilling [and] seven pence sterling of the sums due to him out of the remains of the excise duty, which Sir Thomas refuseing to pay and, suffering to be protested, the petitioner did apply to the high and honourable the estates of parliament the last session for his payment, which the parliament were graciously pleased to remit to the commission upon the twenty third of August, jM vijC and four, and now, after tryal taken by the commission into the payments of Sir Thomas Kennedie's excise duty, they find the same exhausted so that the petitioner can expect nothing from that fund. Craveing, therefore, his grace and their lordships to recommend the petitioner to the lords of her majesties' thesaury to grant him precept for the above sum of one hundred and four pounds, one shilling and seven pence sterling out of the excrescence or balance of any fund their lordships think fit, as the said petition bears. And her majesties' said commissioner and estates of parliament, haveing this day fully considered the said petition and being therewith well and ripely advised, they recommended and hereby recommend to the lords of thesaury to grant precepts to the petitioner out of some effectual fund for payment of one hundred and four pounds, one shilling [and] seven pence sterling due to him.
[1705/6/125]*[print] [email] [cite] [preceding] [following]
Petition for Sarah Dalrymple, daughter to [...] Dalrymple, read craveing the priviledge of a japaning manufactory. Answers to the said petition by Mr Le Blanc and Mr Scot, glass makers, also read and, after some debate, the petition and answers ordered to ly upon the table.
Overture for an act for the ease of the leidges as to the prices of fleshes in Edinburgh, read, and a first reading ordered to be marked thereon, and agreed that the representation for the skinners be under consideration when the act comes to receive a second reading.
[1705/6/126]*[print] [email] [cite] [preceding] [following]
Petition for Captain Thomas Hay, read, and the Lady Semple, Collonell John Buchan and others ordained to be cited in the terms of the act of parliament.
Petition for the Lady Bredisholme against James Muirhead of Bredisholme, read and, after debate, it was put to the vote whither the said James Muirhead should see and answer the said petition or be cited in the ordinar forme, and carried that he should be cited.
[1705/6/127]*[print] [email] [cite] [preceding] [following]
Petition for Captain Charles Campbell, read craveing payment of his arrears and a sist of personal execution against him for some time, and that part of the petition as to sist of personall execution ordained to be seen and answered by his creditors against the next sederunt and recommended to the lords of thesaury for a certain sum conform to the deliverance on his petition, the act and recommendation whereupon because it bears for date both this day and the eighteenth instant is recorded that day.
[1705/6/128]*[print] [email] [cite] [preceding] [following]
Acts of ratification in favors of several persons read and several protestations taken against some of the said acts. As also, several warrands for fairs read, and a protestation taken against the fair of Balquidrock granted to the laird of Touchadam, and the extracting of the said fairs superceded till next sederunt, and all objections against the said fairs made betwixt and that time to be received, which several acts of ratification, and for fairs etc. past in parliament, and the protestations against them are as followes.
[1705/6/129]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms an charter under the great seal of the date at Saint James's, the twelvth day of May, jM vijC and two years, granted by her majesty for her self and as come in place of the prince and steuart of Scotland, and of the late bishops respective, with consent of her commissioners of thesaury and exchequer for the time, to her majesties' high commissioner John, duke of Argyll, then marquess of Lorn, and his heirs male and of tailyie therein specified, which failyieing to his other heirs or assigneyes whatsoever, heretably and irredeemably under the provisions and limitations therein mentioned, of the lands, earldom, lordships, baronies, burghs, offices, castles, mills, harbours, teinds, patronages and others therein expressed, with power of holding the fairs and mercats and the other freedoms and priviledges therein set down, all which formerly pertained to and were resigned by the deceased Archbald, duke of Argyll and are all of new disponed to the said John, duke of Argyll and his foresaid by vertue of the said charter. Wherein also is contained a dissolution of several of the lands and others therein mentioned which do not ly locally or by annexation in the shire of Argyll from all jurisdictions to which they were formerly united, and an erection thereof in the regality, lordship and barony of Campbell, ordaining the kirktoun of Dollar to be the head burgh thereof, which burgh her majestie has by the said charter erected in a free burgh of regality to be called the burgh of regality of Campbell. And has, likewayes, erected the toun of Ross in Roseneath in a free burgh of barony to be called the burgh of barony of Portrose, and has given to the said duke and his foresaids the priviledge of keeping fairs and mercats at the said several burghs on the dayes therein specified, and a power to build a free port and harbour at the said burgh of Portrose, with the tolls, customes duties and other priviledges and powers specified in the said charter. Whereby also her majesty, as come in place of the said prince and steuart, has dissolved several lands and others therein mentioned from all lordships and baronies to which they were formerly united, and has adjoined the same to the old barony of Auchnagarran, declaring one seasine to be taken at the mannor place of Auchnagarran, or any part of the said barony, to be sufficient for the haill. By which charter her majesty, as queen of Scotland, has likewayes united and erected all the other lands, earldom, lordship and others therein specified in the dukedom, marquissat, earldom, lordship and barony of Argyll, declaring one seasine to be taken at the castle of Inverary, or at any part of the said dukedom, to be sufficient for the haill; to be holden of her majesty for her self, and as come in place of the said prince and bishops respective, and of her successors in manner expressed by the said charter, which also contains a dispensation for serveing, retouring and infefting in the lands and others therein mentioned that are holden in taxt ward, the heirs and successors of the said duke notwithstanding of their minorities, and a confirmation of all rights of the said lands, dukedom, baronies and others foresaid granted to him and his foresaid and to the said umquhile duke of Argyll, his father, or any of their predecessors, with diverse other clauses, together with the precept of seasine contained in the said charter and instrument of seasine following thereupon, in all and sundry heads, articles, clauses, provisions and conditions of the same, with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights conform to the tenors of the same to the said John, duke of Argyll and his foresaid for possessing and enjoying the said haill dukedom, marquissat, earldom, lordship and barony of Argyll, and barony of Auchnagarran united respective in manner foresaid, and comprehending severally therein the lands, lordships, baronies, burghs of baronie and regality, teinds, offices, fees, duties, few duties, castles, touers, fortalices, mills, milllands, multures, woods, forrests, isles, lochs, fishings, coals, coalheughs, advocations, donations and rights of patronage, and other pertinents mentioned in the said charter, all lying as is therein expressed, without stopt or impediment, and that the same shall never be quarrelled by her majestie or her successors, and also that this present generall ratification is and shall be as effectual and sufficient to the said John, duke of Argyll and his foresaid as if the foresaid charter with the instrument of seasine following thereupon were word by word insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity of this present ratification or rights hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
The duke of Atholl protested that the foresaid ratification in favors of her majesties' commissioner the duke of Argyll should not prejudge the offices granted to him.
The marquess of Montrose also protested against the foresaid ratification that the same should not prejudge him of his offices.
Mr William Cochran, in name of the earl of Linlithgow, did likewayes protest against the before written ratification.
[1705/6/130]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms the confirmation, prorogation and tack expede, under her majesties' privy seal, of the date at Saint James's, the sixteenth day of January, jM vijC and three years, and granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer for the time, whereby her majesty not only ratified and confirmed a tack of the few maills, few ferms, kains, customes and other duties of the lands and lordship of Stirling granted by the deceased King William and Queen Mary, of the date at Kensingtoun, the eight day of February, jM vjC and ninety, to John, earl of Mar for the space of fifeteen years after the term of Lambmass jM vjC and eighty nine and, thereafter, ay and while the same should be recalled and discharged, the said earl paying to their majesties and their royal successors the tack duty therein mentioned at the term specified therein with a ratification and prorogation of the said former tack, containing also a new tack of the said lands and lordship of Stirling for the space of ten years complete, after the ish and expireing of the former tack and thereafter untill the same should be discharged, granted by the said deceased King William to the said earl of Mar for payment of the tack duty therein and afterspecified at the time expressed therein and bearing date at Kensingtoun, the twelvth of January, jM vijC and two in the haill heads, clauses and articles thereof. But also without hurt or derogation thereto did, with consent foresaid, prorogat, extend and continue and of new in tack and assedation let all and haill the few maills, farms, kaines, customes and other duties of the said lands and lordship of Stirling to the said John, earl of Mar and Margaret, now countess of Mar, his spouse, then designed Lady Margaret Hay, eldest lawfull daughter to Thomas, viscount of Dupline, and the longest liver of them two dureing all the dayes of their or either of their lifetimes, and thereafter to the said John, earl of Mar his heirs male or assigneyes, for the space of nineteen years, and ay and while the same be recalled and discharged, with power to the said John, earl of Mar and the said countess, his spouse, and longest liver of them, and after both their decease to the said earl his heirs male and assigneyes, to intromet with and uplift the said few mailes, few ferms, kaines, customes and other duties of the said lands and lordship of Stirling dureing the space foresaid, and thereafter, as said is, paying for the same the said earl and countess of Mar, and longest liver of them two, to her majesty and her royal successors the tack duty of ten merks Scots money on the seventeenth day of July yearly, provideing alwayes that in case the said countess shall happen to survive the said earl before the expireing of the former tack the said new grant and assedation shall be effectual in her favors, and she preferred to the said few ferms, few mailes, kains, customes and other duties of the said lordship of Stirling, dureing all the dayes of her lifetime, to all other competitors or pretenders whatsoever, by which letter of tack the said John, earl of Mar is also exonered and discharged of the bygone tack duty of the said lordship of Stirling resting preceeding the date thereof. And it is declared that the said earl, his acceptation thereof, shall not be prejudicial to any right he hath or shall happen to have to the said few maills and others abovementioned of the said lordship if any he shall be found to have, in manner fully expressed in the said tack, in all and sundry heads, articles, clauses, provisions and conditions of the same. And her majestie, with consent of the said estates of parliament, wills and grants and for her and her royal successors statutes and ordaines, that the foresaid confirmation, prorogation and tack shall be good, valid and sufficient conform to the tenor thereof to the said John, earl of Mar and Margaret, countess of Mar, his spouse, and longest liver of them two dureing their or either of their lifetimes, and thereafter to the heirs male or assigneyes of the said earl, for possessing and enjoying dureing the space foresaid, without any stopt or impediment in so far as concerns her majesties' interest [in] the forsaid few maills, farms, kains, customes and other duties of the said lands and lordship of Stirling, and declares that the said confirmation, prorogation and tack shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as effectual to all intents as if every word of the foresaid confirmation, prorogation and tack were insert herein, whereanent and with all other objections that can be proponed against the validity of this ratification and rights hereby ratified her majestie, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
[1705/6/131]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and confirms an letter of gift and commission granted by her majestie under the great seal to and in favors of Lord Charles Ker, therein designed second lawfull son to the deceased Robert, marquess of Lothian, dated at Bath, the fourth day of September, jM vijC and three years, whereby her majesty, for the causes therein specified, did nominat, constitute and ordain the said Lord Charles Kerr sole and only director of her majesties' chancellary in this her ancient kingdom of Scotland, dureing all the dayes of his lifetime, and gave and granted to the said Lord Charles Kerr the said place and office dureing the space foresaid, with the haill priviledges, fees, profites, casualities and emoluments whatsoever pertaining, or that are known to appertain thereto, with full power to him to exerce the said office dureing the space foresaid, and to nominat and appoint deputes and other servants under him for whom he shall be answerable, and to write, register and extract all breives, retours, tutories, charters, gifts, patents, precepts and other writs of whatsoever nature pertaining to the said office, and to keep the testimony of the great seal and append the same to all precepts, commissions, tutories and other writs in use to be sealed therewith, according to the custome and priviledge of the said office, and also to uplift, intromet with and receive the haill fees, sallaries, casualities, profites and emoluments whatsoever pertaining or that are known to appertain thereto, and to possess and enjoy the haill dignities, liberties, priviledges and profites of the same as fully and freely in every respect and condition as the deceased Sir William Ker or Sir John Scot, or any other directors of the said office of chancellary possessed or in any time bygone could have possessed the same, and declared that the generality of the said gift and commission should be as valid and effectual, to all intents, as if every particular relating to the said office were therein insert, as the said gift and commission of the date foresaid, containing therein her majesties' promise to ratifie the same in parliament, fully bears, in the haill heads, articles, clauses, tenors and contents of the samen. And her majesty, with consent of the said estates of parliament, does hereby declare, decern and ordain that this present general ratification shall be as valid, effectual and sufficient and of as great force, strength and effect to all intents and purposes to the said Lord Charles Ker, dureing the space foresaid, as if the said letter of gift and commission were herein word by word insert, whereanent and with all faults, nullities and imperfections of the samen her majesty and the said estates of parliament dispensed and by thir presents dispenses for ever. Extract.
[1705/6/132]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under her majesties' great seal of the date at Saint James, the fifeteenth day of May, jM vijC and two years, granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer for the time, to the deceased Mr William Hamilton, eldest lawful son of umquhile Lord Basil Hamilton, and to his heirs and assigneyes whatsoever heretably and irredeemably, of all and sundry the lands, baronies, mills, woods, fishings and others aftermentioned, viz. All and haill the lands of Baldoon and Clauchrie, with the mannor place of Baldoon, houses, biggings, yeards, orchyeards, outsets, insetts, parts, pendicles and haill pertinents of the same, with the salmond fishings and other fishings in the water of Blaidyenoch used and wont. All and haill the twenty merk land of Kirkinner lying contigue, comprehending the lands of Miltoun with the mill thereof called Millgreddan, multures and sequels of the same, [and] the lands of Skaitt, Kirriemainoch, Cruck and Littlehills, with houses, biggings, yeards, pasturages, parts, pendicles and haill pertinents thereof; all and haill the kirklands of Kirkinner, with houses, biggings, yeards, parts, pendicles and pertinents of the same; [and] all and haill the lands of Kirriewhirne, with houses, biggings, yeards and pertinents, all lying in the parochine of Kirkinner and sherifdom of Wigtoun. All and haill the twenty merk land of Itoun, comprehending the five merk land of Skellary and Boigcroft, the five merk land of Balfairne, the five merk land of Steuartoun and five merk land of Orchyeardtoun, with houses, biggings, yeards, orchyeards, annexis, connexis, dependences and pertinents thereof whatsoever, lying within the parochine of Kirkinner and sherifdom of Wigtoun foresaid. All and haill the ten merk land of Lybrack, with houses, biggings and pertinents thereof, lying in the parochine and sherifdom foresaid. All and haill the lands of Kilsture, Cloush and Blair, with the corn and walk mill of Blair, mill lands, multures and sequels of the same, lying in the parochine of Sorbie and sherifdom abovementioned. All and haill the ten merk land of the Kirklands of Wigtoun, with all the houses, biggings, yeards, orchyeards, parts, pendicles and pertinents thereof, lying in the parochine and sherifdom of Wigtoun, and all and haill the lands of Culquhork, with houses, biggings, yeards, tofts, crofts, parts, pendicles and pertinents, lying in the said parochine and sherifdom of Wigtoun. And sicklike, all and sundry the lands, baronies and others aftermentioned, lying in the steuartry of Kirkcudbright viz. All and haill the lands of Kirkdale and Broach, with houses, biggings, yeards, woods, parts, pendicles and pertinents thereof, lying in the parochine of Kirkdale now annexed to Kirkmabrick, otherwayes called Ferrietoun and steuartry foresaid. All and haill the lands of Auchingassell, and all and sundry the lands of Kirkchryst and the temple crofts of the same, the lands of Merss and the old Mill of Kirkchryst, mill lands, multures and sequels thereof, with the jurisdiction and office of bailliary of the said lands, lying in the said steuartry. All and haill the lands of Boreness, with houses, biggings and pertinents. All and haill the lands of Nuntoun and Bishoptoun and [...] with the mill and salmond fishings and other fishings upon the water of Dee apprised at the instance of Sir David Dunbar from William Broun of Newtoun. All and haill the lands of Bamangan with the islands of Meikle and Little Rosses and their haill pertinents, lying in the parochine of Kirkanders and steuartry abovewritten, and all and haill the lands of Culcaigrie and lands of Tostrie, with houses, biggings, yeards and pertinents, lying in the parochine of Tweyname and steuartry foresaid. And also all and haill the lands and barony of Tweynam comprehending the lands and others aftermentioned, viz. all and haill the mannor place, touer and fortalice of Tweynam, alias Cumpstoun, with houses, biggings, yeards, woods, parks, parts, pendicles and pertinents. All and haill the maines of Tweynam, lying contigue to the mannor place, commonly called the Boirland of Cumpstoun, with the salmond fishings upon the water of Dee pertaining to [...] of Tweynam. All and haill the lands of Over Cumpstoun, with the pertinents. All and haill the lands of Kempletoun, mill thereof, mill lands, multures and sequels of the same; the lands called Inglistoun as a part and pertinent of the said barony; the lands of Blackmerk alias Merks; the lands of Overmaines in Tweynam, alias Old maines; the lands of Glengeps; the lands of [...] with the mill and mill lands, multures and sequels thereof; the lands of Belmacample, alias Campbeltoun, with all other lands in the said barony of Tweynam, by whatsoever name or designation the same are known, with all and sundry houses, biggings, yeards, mosses, muirs, meadows, pasturages, tenents, tenandries and service of free tenents of the said haill lands and baronies, with the advocation, donation and right of patronage of the kirk and paroch of Tweynam. All and haill the lands of Barclay, with the pertinents, lying in the parochine of Rerick, alias Dundrenan and steuarty foresaid. All and haill the lands of Overlaw, with houses, biggings, yeards and pertinents, lying in the same parochine. All and haill the lands of Balig, and all and haill the lands of Culnaughtrie, Heislefield and Drongans, with houses, biggings, yeards, parts, pendicles and pertinents, lying in the said parochine of Dundrennan and steuartry abovementioned. [And] all and haill the lands and barony of Bombie, comprehending the lands, houses, mills, woods, pasturages, fishings and others afterspecified, viz. All and haill the lands of Bombie, with the mill called the mill of Bombie, multurs and sequels of the same, woods, fishings and shaws thereof. All and haill the castle or mannor place of Kirkcudbright, situat at the east end of the toun of Kirkcudbright, with houses, biggings, yeards, orchyeards and pertinents. All and haill the lands of Lochfergus; the lands of Auchinflower; the lands of Blackstockartoun [and] Burnsidecroft; the lands of Littlestockartoun; the lands of Brockloch and Whitecloss, Whinnielegat and Redbrae; the lands of Meikle Seipland; the lands of Little Seipland; the lands of Gribdie; the lands of Merks and Kilbride; the lands of Jordanland, Bettland† and Glenlay. All and haill the lands of Gorgrego and Corriedow, lying in the parochine of Balmaclelland, and all and haill the lands of Polmadie, with the mills, mill lands, multures and sequels thereof, lying in the parochine of Kells and steuartry foresaid. All and haill the lands of Boreness; the lands of Chappletoun and lands of Barmagechan. All and haill the lands of Plumtoun, with mills, multures, woods, fishing and pertinents, lying in the united parochines of Kirkanders and Borg. All and haill the lands of Auchlean, Milnthird and Laicharkland, with houses, biggings, mills, woods, fishings and pertinents of the samen, lying in parochine of Kirkhorms† and steuartry abovespecified, [and] all formerly united and erected in one barony called the barony of Bombie. All and haill the lands of Balgreddan, with houses, biggings and pertinents, lying in the said parochine and sherifdom of Kirkcudbright. All and haill the lands of Littlekirkland. All and haill the lands of Meiklekirkland, with the jurisdiction and office of bailliary of the said lands. All and haill the lands of Grange and cottages thereof, and all and haill the lands of Mutehill, and all and haill the Milltoun of Dunrod, and all crofts pertaining thereto, and all and haill the mill of Dunrod, mill lands, multurs and sequels thereof and all crofts thereto belonging, and all and haill the Kirklands of Dunrod, houses, biggings, crofts and pertinents of the same, and specially these crofts called Tonguecroft, Soulter flack croft and Glonancroft. All and haill the lands of Little Gatwa and lands of Meikle Gatwa, the lands of Knockovergatwa, lying in the parochine and steuartry foresaid, and all and haill the mill of Kirkcudbright called the toun-mill, with the mill lands, astricted multures and other multures, bannock and sequels of the same. All and haill the lands of Culdooch and Carss of Culdooch, with houses, biggings, yeards, fishings, crofts, fisheries and haill parts, pendicles and pertinents of the same used and wont. All and haill the lands of Drummore and Balsire, and the lands of Mulloch and Girthstanewood, within the said steuartry, formerly pertaining to John Ewart and adjudged from him at the instance of Robert Rutherfoord and disponed to Sir David Dunbar of Baldoon, or to some other for his use, and all and haill the lands of Airieland and all and haill the lands of Netherthird, with the haill houses, biggings, woods, fishings, parts, pendicles and pertinents of the same, lying in the parochine of Kirkhorme† and steuartry foresaid. And also all and haill the lands and barony of Newark containing and comprehending the five merk land of Inglistoun, the lands of Lagg, the lands of Ruchtill, the lands of Rentounbridge, the lands of Dalquhairnie, the lands of Halhill, the lands of Newark, the lands of Brae, the lands of Gaitside, the lands of Cludan, with the corn and walkmills of Newark and the mannor place of the said lands and barony, houses, biggings, yeards, orchyeards, outsets, insets, tenents, tenandries, woods, fishings, advocation, donation and right of patronage of the kirk and chaplainrie thereof, parts, pendicles and haill pertinents of the same, lying within the parochine of Irongray and steuartry of Kirkcudbright, which formerly pertained to Robert Graham, late provost of Dumfreis, and were apprised and adjudged from him at the instance of David Dunbar, younger of Baldoon, with all right, title and interest which her majesty had has or any wayes may have claim or pretend to the foresaid lands. By which charter her majesty, with consent foresaid, did also give, grant and dispone in favors of Lady Mary Hamilton, relict of the said deceased Lord Basil, and to her heirs and assigneyes dureing all the dayes of her lifetime for her liferent use allennarly, all and haill an yearly liferent of eight thousand merks Scots money free of all publick burdens yearly, to be uplifted and taken at two terms in the year Whitsunday and Martinmass by equal portions beginning the first terms payment at the term of Martinmass preceeding the date of the said charter, which was the first term following the decease of the said Lord Basil and, thereafter, yearly and termly dureing her lifetime, furth of all and haill the lands of Baldoon and Clauchrie and furth of the other lands, fishings, acres and others therein mentioned or furth of any part or portion of the same, and also the liferent use of the mannor place of Baldoon, with office, houses, yeards and orchyeards pertaining thereto, free of all publick burdens in manner fully expressed in the said charter, which proceeds on the severall adjudications therein mentioned obtained against the said Lady Mary Hamilton formerly designed Lady Mary Dunbar, as lawfully charged to enter heir to the said deceased Sir David Dunbar of Baldoon, her grandfather, and the said umquhile David Dunbar, younger of Baldoon, her father, and who had renunced to be heir to them, and which adjudications were conveyed in the person of the said deceased Mr William Hamilton, as is at length mentioned in the said charter, and also proceeds on the resignation of the said umquhile Lord Basil Hamilton in manner specified therein, whereby also, all and sundry the lands, baronies, mills, woods, fishings and others abovewritten are all of new given and disponed to the said Mr William Hamilton, his heirs and assigneyes foresaid, and it is declared lawful to them to possess the lands and others foresaid by vertue of all or any of the rights and titles therein mentioned then in his person or which he should thereafter acquire and that conjunctly or severally, the one without prejudice of the other as they shall think fit. By which charter also, her majesty annexed, created and incorporated the said haill lands of Baldoon and Clauchrie, with the salmond fishings and other fishings in the water of Bladyenoch used and wont, and all and haill the said twenty merk lands of Kirkinner, with the said lands of Kirriewhirne, the said ten merk land of Kirkland of Wigtoun, the said ten merk land of Lybrack and the said twenty merk land of Kilsture, Clousch and Blair, with all their houses, biggings, woods, mills, fishings and pertinents, in one haill and free barony to be called the barony of Baldoon. And sicklike united, annexed, created and incorporated all and sundry the lands of Kirkdale, Balmangan, Meikle and Little Rosses and Culcraigie, and all and haill the castle, touer and fortalice of Tweynam, alias Cumstoun, with houses, biggings, yeards and pertinents; all and haill the maines of Tweynam, lying contigue to the castle, commonly called the Boirland of Cumpstoun, with salmond fishings in the water of Dee pertaining to the said lands of Tweynam, the lands of Over Cumstoun, the lands of Kempletoun, mills, milllands, multures and sequels thereof; the lands called Inglistoun; the lands of Blackmarks; the lands of Overmaynes of Tweynam; the lands of Glengyps; the lands of Fassock; the mill called the Old mill; the lands of Belmacamble, alias Campbeltoun; all and haill the lands of Gorgrego, Corridow and Polmadie; the lands of Balmagrechan; the lands of Borenes, Campbeltoun and Plumtoun, with all their mills, multures, fishings and pertinents, upon the west side of the water of Dee, in another haill and free barony to be called now and in all time comeing the barony of Cumpstoun. And likewayes united, annexed, created and incorporated all and haill the lands of Bombie, with the mill called the mill of Bombie, mill lands, multures, sequels, woods, fishings and pertinents of the same; all and haill the castle, touer, fortalice and manner place of Kirkcudbright, with houses, biggings, yeards, orchyeards and pertinents thereof; the lands of Lochfergus [and] Auchinflower; the lands of Blackstockartoun; the lands of Littlestockartoun; the lands of Brackleich [and] Whitecloss; the lands of Meikle and Little Seipland; the lands of Gribdie; the lands of Balgreddan; the said lands of Auchlean and Middle third, the mannour place, mill and pertinents of the said lands of Arkland; the said ten merk land of Netherthird and Arieland; the lands of Barclay, all lying in the steuartry of Kirkcudbright, in another free barony to be called in all time comeing the barony of Lochfergus, ordaining the mannor place of Baldoon to be the principal messuage of the said barony of Baldoon, the castle of Cumpstoun to be the principal messuage of the said barony of Cumpstoun and the old castle of Lochfergus to be the principal messuage of the said barony of Lochfergus, and one seasine of the said several baronies to be taken at the said several messuages to be sufficient for the haill lands and others respective foresaid, united as said is, altho the same do not ly contigue, to be holden of her majestie for herself, and as come in place of the bishops of Galloway and Dumblain, dean and subdean of the chappell royal respective, and of her successors in manner expressed in the samen charter, whereby her majesty, with consent foresaid, likewayes willed, granted, decerned and ordained that, albeit it should happen the twenty merk land of Kirkinner comprehending, as said is, and the foresaid lands of Skeallary and Boigcroft, Lybrack, Kilsture, Cloush and Blair and the foresaid lands and others lying in the barony of Tweynam now called Cumpstoun, and the barony of Bombie now called Lochfergus, comprehending the lands and others abovewritten, as well now annexed thereto as formerly petaining to the same, to fall by reason of waird, nonentry or either of them in the hands of her majesty or her successors, yet it should be leisum to the heirs and successors of the said Mr William Hamilton to possess and enjoy and uplift the rents of all and sundry the foresaid lands and baronies, with the pertinents, dureing the said waird and nonentry or either of them, paying alwayes for the said twenty merk land of Kirkinner comprehending, as said is, and for the said lands of Skellary and Boigcroft, and the lands of Lybrack, Kilsture, Clousch and Blair, dureing the said waird and nonentry or either of them, the sum of two hundred and twenty pounds Scots money yearly, at two terms in the year Whitsunday and Martinmass by equal portions, with the like sum for the relief of the said lands when the samen shall happen; and for the said lands and barony of Tweynam, alias Cumpstoun, comprehending the haill lands and others abovementioned contained in the said barony dureing the time of the said ward and nonentry or either of them, the sum of two hundred pounds Scots money yearly at the said two terms by equal portions, with the like sum for the relief of the samen lands when the same shall happen; and sicklike, for the said lands and barony of Bombie, now called Lochfergus, comprehending the lands and others abovementioned dureing the said ward and nonentry or either of them, the sum of four hundred and eighty pounds Scots money yearly, at the said two terms by equall portions with the like sum for the relief of the samen lands whensoever the samen shall happen, and also the heirs of the said Mr William Hamilton, paying the sum of eighteen hundred pounds money foresaid for the marriage of every heir or heirs that shall fall out. To which sums respective the foresaid duties of waird, relief, nonentry and marriage are taxed and for payment of which several sums, as said is, the samen duties and the rents and profites of the samen lands and baronies holden ward in manner foresaid for all years and terms, the same should fall in her majesties' hands, are disponed and assigned to the heirs and assigneyes of the said Mr William Hamilton in manner more fully expressed in the said charter. By which also it is declared lawful to the heirs and successors of the said Mr William Hamilton and his foresaid to obtain themselves at any time of their age entered served, retoured and infeft as heirs to their predecessors, in all the lands, baronies and others foresaid holden ward, notwithstanding of the foresaid ward and nonentry and the minority of the said heirs, and the said services, retours and infeftments are declared as sufficient as if expede after the said heirs their age of twenty one years compleat, or by vertue of particular dispensations, and the several rights and infeftments granted to the said deceased Sir David and David Dunbars, elder and younger of Baldoon, and to the said Lord Basil, Mr William and Lady Mary Hamiltons respective, are confirmed as the said charter fully bears. And her majesty, with consent of the said estates of parliament, does also ratifie, approve and perpetually confirm the precept of seasine contained in the said charter and infeftments following and competent to follow on the same, in all and sundry heads, articles and clauses of the said charter, precept and infeftments and wills and grants and, for her and her royal successors, statutes and ordains that the said charter and infeftments thereon shall be, in so far as concerns her majesties' right and interest, good, valid and sufficient conform to the tenor of the same to the heirs and successors of the said deceased Mr William Hamilton, and to the said Lady Mary Dunbar for their several interests abovementioned, and that the same shall never be quarrelled or revocked by her majesty or her successors, and that this present ratification shall be, to all intents and purposes, as effectual and sufficient as if every word of the said charter, precept and infeftments were insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification and of the rights hereby ratified, her majesty, with consent foresaid, does hereby dispense for ever. Extract.
[1705/6/133]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, with advice and consent of the estates of parliament, ratified, approved and perpetually confirmed and does, by thir presents, ratifie, approve and perpetually confirm a charter under the great seal of the date at Kensingtoun, the twenty ninth day of April, jM vijC and four years, granted by her majesty, with consent of her commissioners of thesaury and exchequer for the time, and proceeding on the resignations and other conveyances therein mentioned, to and in favors of Sir William Anstruther of that ilk, one of the senators of the colledge of justice, and the heirs male lawfully procreat or to be procreat of his body, which failyieing to his heirs of tailyie and provision, to be named by him in manner therein specified, and failyieing of them to his heirs and assigneyes whatsoever heretably and irredeemably, of all and haill the lands, toun and barony of Anstruther, office of bailliary of the haill lordship and barony of Pittenweem and priviledge of commonty on the common muir thereof, and of the several other lands, teinds, mills and others expressed in the said charter, with all other lands and others whatsoever pertaining to the said barony of Anstruther and united thereto by the old rights and infeftments of the same. And sicklike, of all and haill the lands and barony of Ardross, comprehending the lands and others therein mentioned, and of all and haill the lands and barony of Ely, with the burgh of barony, port and harbour of Elie, and haill customes, anchorages, tolls, priviledges, liberties, casualities, profites, commodities and powers particularly specified by the said charter, and specially of keeping and holding in the said burgh a weekly mercat and two yearly fairs upon the dayes therein expressed, and of the office of searcherie of all prohibited and uncustomed goods comeing to or going from the said burgh of Ely or port thereof, and of the toun and lands of Carmuirie and several other lands, mills, patronage and others contained in the said charter, all formerly united in ane haill and free barony called the barony of Ardross in manner therein mentioned. And likewayes, of all and haill the east half of the toun and lands of the Newtoun of Rirus, and of all and haill the lands and barony of Dairsey, and likewayes of all and haill the superiority of these parts and portions of the lands of Innergelly, sometime pertaining to the abbacy of Dryburgh, and of the superiority of an house and three acres of land in Anstruther, sometime also belonging to the said abbacy, with the few duties payable furth thereof, together with the patronage of the kirk of Kilreny and kirklands thereof, and of several other lands, patronages and others specified in the foresaid charter, all lying within the sherifdom and steuartry of Fyfe respective. All which are, by the said charter, of new disponed to the said Sir William and his foresaids, and of new united and erected in an haill and free barony to be called the barony of Anstruther, for which one seasine by deliverance of earth and stone at the mannor places of Anstruther or Ely, or any other part of the said lands, is ordained to be sufficient in manner mentioned in the samen charter, which contains a disposition and ratification of the offices of one of her majesties' carvers and masters of household to the said Sir William and his heirs male succeeding in his lands of Anstruther, and a gift of the office of heretable and perpetual searchers of prohibited and uncustomed goods within the burghs of Anstruther and Elie and ports of the same, with power to intromet therewith and of keeping courts for cognosceing thereon, and also of haveing a cocquet in the said burghs, with priviledge of the seals of the same and of appointing keepers and clerks of the said cocquets and seals, with the haill fees, casualities, priviledges, casualties and powers belonging to the said several offices and expressed in the said charter, to be holden of her majesty for payment of the few duties of victual, capons and pultrie or prices thereof specified therein of the other few, blench and other duties mentioned in the samen, whereby also the waird, nonentry, relief and marriage of the heirs which were due and payable for the foresaid lands and barony of Anstruther and the lands of Burntshiells and Muir Cambus, with the pertinents, together with the respective duties to which the said ward, nonentry, relief and marriage were taxed, and all other profites and casualities of the same, are given and disponed to the heirs, successors and assigneyes of the said Sir William Anstruther succeeding to him therein, and further the holding of the said lands is changed from taxtward to blench, and the serveing, retouring and infefting therein the heirs and successors of the said Sir William at any time of their age, notwithstanding of their minorities, is allowed and dispensed with, and also the several rights and conveyances of the lands and others foresaid are confirmed in manner fully therein set down. And her majesty, with consent foresaid, does also ratifie, approve and perpetually confirme the precept of seasine contained in the foresaid charter, with the instrument of seasine following thereupon, in all and sundry points, articles, clauses and provisions of the said charter, precept and seasine. And her majesty, with advice and consent foresaid, statutes and ordains that the foresaid charter with the precept therein contained and infeftment following thereupon are and shall be conform to the tenors of the same, good, valid and sufficient rights to the said Sir William Anstruther and his foresaids for possessing and injoying the lands, offices and others thereby disponed, without any impediment in so far as concerns the interest of her majestie or her royal successors, and declares that the same shall never be quarrelled nor revocked by her majesty or her foresaids and that this present ratification is and shall be as valid and effectual, to all intents, as if every word of the said charter precept and seasine were at length insert herein, whereanent and with all other objections that may be proponed against the validity hereof or of the writs hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
Lord Archbald Campbell, in name of her majesties' commissioner the duke of Argyll, protested against the said ratification, that it should not prejudge him of his office of master of household to her majesty.
Sir Robert Forbes, in name of the royal burrows, protested against the burgh of Ely, it's haveing by the charter ratified the same priviledges with royal burrows.
[1705/6/134]*[print] [email] [cite] [preceding] [following]
Our soverign lady, with advice and consent of the estates of parliament, ratified, approved and perpetually confirmed and does, by thir presents, ratifie, approve and perpetually confirm a charter under the great seal of the date at Saint James's, the twelvth day of May, jM vijC and two years, granted by her majesty, with consent of her commissioners of thesaury and exchequer for the time, to Mr Robert Stuart of Tillicultrie, one of the senators of the colledge of justice, and his heirs and assigneyes whatsoever heritably and irredeemably, of all and haill the lands and barony of Tillicultry, comprehending therein the several lands, teinds, acres, mill, burgh of barony, weekly mercats, yearly fairs and others particularly expressed in the samen charter, and of all and sundry the mines and mineralls of gold, silver, copper, tinn, lead and others whatsoever within the said lands, barony and others, and within all the bounds mentioned in the rights and infeftments thereof, as for the principal, and of the lands and barony of Duncrub and others particularly therein mentioned in special warrandice and security of the foresaid lands, barony, teinds and others principally disponed, as said is, which charter proceeds on the several resignations, decreets of sale and adjudication, and other conveyances therein specified and contains a new gift and disposition of the samen haill lands, baronies and others foresaid, principal and warrandice, with a confirmation of all contracts, dispositions, charters, seasines and other rights of the lands and others foresaid, generally and specially therein set down, made and granted in favors of the said Mr Robert Steuart and his foresaid, and of his predecessors and authors and a dispensation for takeing one seasine of the haill lands and others foresaid, principal and warrandice, by delivery of earth and stone at the mannour place, or any other part of the said lands and barony of Tillicultrie, which seasine is by the said charter declared as sufficient for the said haill lands, as well principal as warrandice, with the mills, woods, fishings, teinds, coals, coalheughs, mines, minerals, burgh of barony and others particularly therein mentioned, with the pertinents, as if a particular seasine were taken upon every part and portion of the samen, notwithstanding that they ly discontigue, to be holden of her majesty and her successors in manner expressed by the said charter, for payment of the few, blench and other duties specified therein, whereby also the marriage of the heirs and assigneyes of the said Mr Robert Steuart payable for the said lands and barony of Tillicultry, is given and disponed to him and his foresaids for payment, to her majesty and her successors, of the sum of two hundred pounds Scots money† as oft as the same shall fall, to which sum, her majestie did by the foresaid charter tax the said marriage in all time comeing. And further, her majesty, with consent foresaid, did, by the same, declare and ordain that it should be leisum and lawful to the said Mr Robert Steuart, his heirs and assigneyes to alienat and dispone irredeemably or under reversion the lands and others foresaid, as well principal as warrandice, or any part thereof, and to grant annuities and infeftments of annualrent without consent of her majesty or her successors, notwithstanding of any clauses for not alienating or any other prohibitory or irritant clauses and conditions contained in the rights and infeftments thereof, which clauses for not alienating and all others prohibitory and irritant services and performances, if any be, contained in the rights and infeftments of the said lands and baronies, with all casualities and other benefites which may in all time comeing accresce and redound by vertue thereof to her majesty and her royal successors, are by the foresaid [charter] renunced in favors of the said Mr Robert Steuart and his foresaids, as is more fully expressed thereintill. And our said sovereign lady, with consent of the said estates, does hereby also ratifie, approve and perpetually confirm the precept of seasine contained in the said charter and the instrument of seasine following thereupon, in all and sundry heads, points, articles and clauses of the said charter, precept and seasine, and wills and grants, statutes and ordains that the foresaid charter, with the infeftment thereon, are and shall be, conform to the tenors of the same, good and sufficient rights to the said Mr Robert Steuart and his foresaids for possessing and enjoying the lands and others therein mentioned, without any stopt or impediment in so far as concerns the interest of her majesty or her royal successors, and declares that the same shall never be quarrelled by her majesty or her said successors. And also statutes and ordains that this present ratification of the same shall be, to all intents, as effectual as if the foresaid charter, precept and instrument of seasine hereby ratified were word by word insert herein, whereanent and with all other defects and imperfections that may be alleadged against the validity of this present ratification or of the foresaid writs hereby confirmed, her majesty, with consent foresaid, did dispense and hereby dispenses for ever. Extract.
[1705/6/135]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms the commission and gift under her majesties' privy seal in favors of Daniel Steuart, brother german to Sir William Steuart of Castlemilk, whereof the tenor follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, defender of the faith, forasmuchas we, takeing into our royal consideration the great advantadges which doth accresce unto our ancient kingdom of Scotland by a free coinage therein, and that, by the twenty fourth act of the second session of the first parliament of the late King James the seventh, our royal father, there was granted to his said late majesty and for ever annexed to our imperial croun of our said kingdom, twelve shillings Scots in place of each ounce of bullion formerly imposed by the eight act of the first session of the second parliament of King Charles the second, upon the several commodities therein specified, for defraying the charges of a free coinage, paying the sallaries of the mint and other uses therein mentioned, which imposition and grant is by the collectors, tacksmen, cash keepers or receivers and their deputes to be kept apart by it self from all other customes and revenues in a secure chist, whereof the general or master of the mint is to have one key and the cashkeeper and receiver another, and not to be opened without the general or master of the mint aforesaid be present and to be applyed to the use of the said mint allennarly. And we, graciously considering that the foresaid imposition was promiscuously mixed with others of our revenues by the collectors thereof, and that considerable sums thereof were ordered to be payed for other uses and ends than it was appointed for by the said act, therefore, and for preventing the like misapplication hereafter, we thought not only convenient but necessary to appoint a general receiver, collector and cashkeeper of the said imposition for receiving of the same from the tacksmen, farmers and collectors of the customes and others lyable in payment thereof who should keep the said money in a secure chist and also a key of the said chist, conform to the method prescribed by law. And we, understanding that the said office of receiver-general, collector and cash-keeper of the said imposition is now vacant in our hands and at our gift and disposition through the decease of our royal brother King William, and we being sufficiently informed of the fidelity, loyalty and good qualifications of Daniel Steuart, brother german to Sir William Steuart of Castlemilk, and his fitness for dischargeing the said trust, therefore, wit ye us of our own proper motive and with advice and consent of our right trusty and right well beloved cousins and councillours James, earl of Seafield, lord high chancellour of our said kingdom, James, duke of Queensberry, principal secretary of state for our said kingdom, Archbald, duke of Argyll, Hugh, earl of Loudoun, Alexander, lord Montgomery, Adam Cockburn of Ormistoun, lord thesaurer depute, and Mr Francis Montgomery of Giffin, lords commissioners of our thesaury, comptrollery and thesaury of new augmentations of our said kingdom, and also with advice and consent of the remanent lords and others commissioners of our exchequer within the same, to have nominated and appointed, likeas we, by thir presents, make, nominat and appoint the said Daniel Steuart receiver-generall, collector and cashkeeper of the said imposition dureing our pleasure only, giveing, granting and disponing to the said Daniel Steuart, dureing the space foresaid, the said place and office of receiver-general, collector and cash keeper of the said imposition, with the yearly fee and sallary of fifty pounds sterling money to be payed to him out of the first and readiest of the fund appointed for paying the fees and sallaries of the officers of our said mint, together also with the whole fees, profites, benefites, casualities, [and] priviledges belonging or that shall be known to appertain and belong therto, with all other freedoms, easements, emoluments, accommodations and immunities proportionally which are allowed to the other officers of our said mint, as well not named as named, excepting alwayes what is prohibited and innovated by the standing laws relative to the mint, together also with convenient and suteable lodgeings within the said minthouse for the said Daniel Steuart and his family, to be assigned to him by the general thereof. And we command the said yearly fee and sallary of fifty pounds sterling money to be punctually payed to the said Daniel Steuart out of the foresaid fund yearly, termly and quarterly as is payed to the other officers of our said mint, the first term's payment thereof beginning at the feast and term of Candlemass next to come and so furth to continue yearly, termly, quarterly and continually thereafter dureing the space foresaid, with full power to the said Daniel Steuart, as receiver-general, collector and cashkeeper of the said imposition, and to such as he shall appoint for whom he shall be answerable, to receive, intromet with and uplift the said imposition from the several tacksmen, farmers and collectors of our customes over all our said kingdom, and from all others lyable in payment thereof, who are also hereby required to make payment of the same to the said Daniel Steuart, not only what is due and payable at the term of Martinmass next but also of what is resting unpayed, and not yet put in the said chist, conform to the act of parliament of all years and terms bygone and in time comeing, and to put the samen duly in a secure chist and to keep the key thereof, which was formerly kept by the general of the mint or by the said Daniel Steuart or Mr William Spens, former collectors of the said imposition, and that dureing the whole space and time of this present commission. [Also] requireing hereby the said Daniel Steuart to observe and obey all such orders, directions and instructions which shall be given to him from time to time conform to the tenor of the said act of parliament as to† receiveing, inbringing and uplaying of all sums ariseing from the said imposition, and to make just count and reckoning of all his intromissions therewith to the said lords commissioners of our thesaury, lord high thesaurer and thesaurer depute for the time, being yearly, termly, quarterly and so oft as he shall be thereto required. Commanding, likewayes, the general of our said mint to receive and admit the said Daniel Steuart in the usual manner, and to assigne to him and his family convenient lodgeings within our said mint house. And lastly, we declare that we will ratifie and confirm this present gift in the first session of our parliament to be holden within our said kingdom. Given under our privy seal at our court at Saint James's, the thirty first of December, jM vijC and two and of our reigne the first year. Per signaturam, manu S. D. N. Reginae suprascript[am] manibusque commissionariorum thesaurarij et scaccarij subscript[orum].
Written to the privy seal and registrat the first day of June, 1703. Sic subscribitur, Will[iam] Alves, deput. Sealed at Edinburgh, the 30th June, 1703. Sic subscribitur, Pat[trick] Scot, in all and sundry the heads, points, articles and clauses thereof.
And her majesty, with consent foresaid, statutes and ordains the foresaid commission and gift to be, conform to the tenor thereof, a good and sufficient right and title to the said Daniel Steuart for possessing and enjoying dureing the space therein mentioned, the foresaid office of receiver-general, collector and cashkeeper of the abovewritten imposition, with the foresaid yearly fee and sallary of fifty pounds sterling, and all other fees, profites, casualities, freedomes, emoluments and immunities abovementioned, together with the said lodgeings in the mint house, as is above expressed, dispenseing hereby with all defects and imperfections of the said commission and gift and of this present ratification of the same. Extract.
[1705/6/136]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majesty, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of Scotland, dated at Kensingtoun, the twenty eight day of February, jM vjC and ninety five years, granted by the deceased King William, with consent of the then commissioners of his thesaury and exchequer, to Gideon Scot of Heychesters, and the heirs male lawfully procreat of his body, which failyieing to the said Gideon Scot his other heirs male whatsoever, which also failyieing to his other heirs and assigneyes whatsoever, of all and haill the lands and barony of Minto, as well two parts as third part thereof, property and superiority of the same, with all and sundry castles, touers, fortalices, mannour places, houses, biggings, yeards, orchyeards, mills, milllands, multures, woods, fishings, pasturages, annexis, connexis, tenents, tenandries and service of free tenents thereof, and of all and sundry the parts, pendicles and pertinents of the same whatsoever; and of all and haill the half of a merk land of the said lands of Minto, with houses, biggings, yeards and pertinents thereof whatsoever, with the advocation, donation and heretable right of patronage of the paroch kirk and parochine of Minto and parsonage and viccarage teinds thereof, with the manse, glibe and kirklands of the samen, and with the teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto, with the power of presenting qualified and able persons to the said kirk and service of the cure thereof as oft and so oft as the samen shall vaik, in all time thereafter. And likewayes, of all and haill the lands of Craigend and Deanfoot, with mannour place, houses, biggings, yeards, mosses, muirs, meadows, parts, pendicles and haill pertinents thereof, whatsoever with that peice of grass ground of the mains of Minto, lying betwixt the dike called the Horseward and house of Craigend, together with the priviledge of commonty and common pasturage and of casting, winning and leading away peats, fail and divots furth and from the common moss and commonty of Minto, all lying within the barony of Minto and sherifdom of Roxburgh, and all formerly united and incorporat in ane haill and free barony called then and in all time thereafter to be called the barony of Minto, declaring that one seasine to be taken by the said Gideon Scot, his heirs and assigneyes foresaid, in all time thereafter at the said mannour place of Minto should stand and be an sufficient seasine for all and sundry the said lands and barony of Minto and others abovewritten, with the pertinents, notwithstanding the same ly not contigue and together conform to the charter granted by her majesties' said dearest brother the late King William to the said Gideon Scot thereupon. Which charter hereby confirmed proceeded upon the said Gideon Scot his own resignation and contains a new gift and disposition of the said lands and barony with a new erection of the said barony and a dispensation for takeing one seasine therefore at the mannor place of Minto, together with an erection of the toun of Minto and pertinents in a free burgh of barony, with all the priviledges, liberties and immunities whatsoever belonging to any burgh of barony within the kingdom of Scotland, with the power to the said Gideon and his foresaids of keeping thereat a weekly mercat every Wednesday, and two fairs yearly, one upon the fourteenth of June and the other upon the fourteenth of November, with the haill other priviledges, rights and liberties, particularly and generally set down and contained in the said charter, to be holden of his majesty and his successors in free heretage and free barony for ever, as is fully expressed in the samen charter, whereby the duties of ward, nonentry, relief and marriage formerly payable for the said lands and barony are taxed for payment of the sums respective therein set down, and the heirs are allowed to enter thereto and be infeft therein, notwithstanding of their minorities. And sicklike, ratifies and approves another charter under her majesties' great seal of Scotland, dated at Edinburgh, the fourth of August, one thousand seven hundred and three years, proceeding on the resignation of the said Gideon Scot and granted by her majesty, with consent of her commissioners of thesaury and exchequer for the time, to and in favors of Sir Gilbert Elliot of Minto, knight and baronet, one of the senators of the colledge of justice, then designed of Headshaw, in liferent dureing all the dayes of his lifetime and to Gilbert Elliot, his eldest son procreat betwixt him and Dam Jean Carr, his spouse, and the heirs male of his body, which failyieing to the said Sir Gilbert himself and the heirs male to be procreat of his body, in this present or any other marriage, which failyieing to Robert Elliot of Middlim-mill and the heirs male of his body, which failyieing to such persons and heirs of provision one or more to be named by the said Sir Gilbert by an write under his hand in leidge poustie, and failyieing any such nomination or if the same be revocked, then to the said Sir Gilbert, his nearest heirs and assigneyes whatsoever, the eldest heir female alwayes succeeding, without division, in fee heretably and irredeemably, and with and under the provisions, conditions, burdens, restrictions and irritancies particularly therein mentioned, of all and haill the lands and barony of Minto, comprehending therein all and haill the lands of Minto, as well two parts as third part thereof, property and superiority of the same, with castles, touers, fortalices, mannor places, houses, biggings, yeards and others abovementioned; all and haill the half merk land of the lands of Minto, with houses, biggings, yeards, orchyeards and pertinents thereof, with the advocation, donation and heretable right of patronage of the paroch kirk of Minto, with the teinds, parsonage and viccarage of the same, with the manse, glibe and kirklands thereof, and with the teinds, farms, profites, rents, emoluments and other duties whatsoever belonging and pertaining thereunto, with power to present persons fit and sufficiently qualified to the said church and serveing the cure thereof whensoever the samen shall vaick. And also, comprehending the lands of Craigend and Deanfoot, with the mannour place, houses, biggings, yeards, mosses, muirs, meadows, parts, pendicles and haill pertinents of the same whatsoever, with that peice of grass ground of the mains of Minto lying betwixt the dike called the Horseward and the house of Craigend, together also with the toun and burgh of barony of Minto, with the priviledge of a weekly mercat every Wednesday, with two fairs yearly, the one upon the fourteenth of June and the other upon the fourteenth of November, to be kept and holden thereat, with the haill tolls, customes, casualities and duties belonging thereto, and all rights, priviledges, liberties and immunities of a free barony and burgh of barony mentioned and contained in the above charter in favors of the said Gideon Scot, to be holden of her majesty and her highness successors in manner abovespecified, for payment of the taxt ward duties therein contained for the said lands, barony and others abovewritten dureing the time of the ward and nonentry thereof, and for the relief of the same and for the marriage so oft as the samen vaicks, together with the precepts of seasine contained in the said several charters and instruments of seasine respective following thereon, in all and sundry the heads, clauses, articles, privileges, rights, circumstances and conditions therein mentioned, as well expressed as not expressed, after the forms and tenors of the samen in all points, with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and for her and her royal successors, statutes and ordains that the foresaid charters and infeftments thereon shall be good and sufficient rights conform to the tenors of the same to the said Sir Gilbert Elliot, his son and their foresaids, for possessing and enjoying the said lands barony and others abovewritten, without stopt or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as valid, effectual and sufficient, to all intents and purposes, as if the foresaid charters, precepts and instruments of seasine following thereupon were herein de verbo in verbum at length insert and ingrossed, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses for ever. Extract.
[1705/6/137]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majestie, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of Scotland of the date at Kensingtoun, the eleventh day of January, jM vijC years, granted by his late majesty King William, her majestie's royal brother, with consent of his commissioners of thesaury and exchequher for the time, proceeding on the resignation of Sir Gilbert Elliot of Minto, one of the senators of the colledge of justice, then designed advocat and clerk to the privy council, to and in favors of the said Sir Gilbert Elliot, in liferent dureing all the dayes of his lifetime, and Gilbert Elliot, his lawful son, and the heirs male to be procreat of his body, which failyieing to the nearest and lawfull heirs male of the said Sir Gilbert, which failyieing to the said Sir Gilbert his nearest and lawfull heirs and assigneyes whatsoever, in fie heretably and irredeemably and under the conditions and reservations therein mentioned, of all and haill the lands of Headshaw, with mannor place and dwelling house thereof, with the mill, milllands, sequels and other duties of the same; and of all and haill the lands of Crawknow, lands of Dryden and Clews, houses, yeards, orchyeards, mosses, muirs, meadows, outsets, insets, annexis, connexis and haill parts, pendicles and pertinents of the said lands respective whatsoever, lying within the parochine and barony of Askirk, regality of Glasgow and sherifdom of Roxburgh. As also, her majesty, with advice and consent foresaid, ratifies and approves the new gift and disposition specified and contained in the said charter of the said haill lands and others abovewritten, together with the advocation, donation and right of patronage of the parish kirk and parochine of Askirk, with all right his majesty or his predecessors had to the teinds, great and small, parsonage and viccarage of the said parochine of Askirk, according to the laws and acts of parliament made anent patrons, gifted and disponed by her majesties' said royal brother, in favors of the said Sir Gilbert and Gilbert Elliots and their foresaids, together also with the erection of the said haill lands, right of patronage and teinds in a free barony to be called, in all time comeing, the barony of Headshaw, appointing the mansion house of Headshaw to be the principal messuadge of the said barony, and that a seasine to be taken thereat shall be sufficient for the said haill lands and barony foresaid in favors of the said Sir Gilbert and Gilbert Elliots and their foresaids, with and under the provisions, conditions and reservations specified in the said charter, to be holden of his majesty and his successors by the said Sir Gilbert and Gilbert Elliots and their foresaids, for payment of the sum of fifeteen pounds, six shilling [and] eight pennies for the said lands of Headshaw, mill thereof and lands of Dryden, with the pertinents, and of the sum of fourty shilling Scots for the lands of Crawknow and Clews in name of few ferme, with thirteen shilling [and] four pennies in augmentation of the rental, and also for payment of one penny Scots money in name of blench ferm, if it be asked allennarly, for the said barony and right of patronage of the said kirk of Ashkirk, and the teinds, parsonage and viccarage, of the paroch thereof in manner fully expressed in the said charter, together with the precept of seasine therein contained and instrument of seasine following thereon, in all and sundry the heads, clauses, articles, priviledges, rights, circumstances and conditions therein mentioned, after the forms and tenors of the same in all points. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains that the foresaid charter and seasine thereon shall be good and sufficient rights conform to the tenors of the same to the said Sir Gilbert Eliot, his son and their foresaids for possessing and enjoying of the said lands, barony and others abovewritten, without stopt or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as valid, effectual and sufficient, to all intents and purposes, as if the foresaid haill charter and precept with the instrument of seasine following thereupon, were herein de verbo in verbum insert and ingrossed, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
[1705/6/138]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms a tack expede under her majesties' privy seal of the date at Saint James's, the fifeteenth day of May, jM vijC and two years, granted by her majestie, with consent of her commissioners of thesaury and exchequer for the time, to David, earl of Leven, his heirs and assigneyes whatsoever, dureing the space of two nineteen years compleat, beginning at the term of Whitsunday jM vijC and two years, of all and sundry the few and teind duties payable to her majesty furth of all and whatsoever lands lying within the parochines of Dumfermling, Kinglassie and Newburn, which are parts and portions of the lordship and regality of Dumfermling, and which were formerly set in tack to the deceased Charles, earl of Dumfermling, which is now expired, excepting alwayes the lands now belonging to the earl of Rothes in the parochine of Kinglassie conform to a tack set to him, and provideing that the said tack hereby ratified shall not comprehend nor extend to the few and teind duties that were possessed by the deceased John, marquess of Tweeddale as haveing right to a tack of the lordship and regality of Dumfermling set to the deceased earl of Dumfermling, of which feu and teind duties the said umquhile marquess and John, now marquess of Tweeddale obtained a new tack from his deceased majesty. With full pouer to the said David, earl of Leven, dureing the foresaid space, to intromet with and uplift by himself and his factors in his name all and sundry the feu and teind duties thereby set, and to apply the same to his own proper use and behoove, and to raise and execute inhibitions for the said teinds yearly and, if need beis, to call, follow and pursue therefore as accords of the law, with free ish and entry thereto, and with all other freedoms, commodities, easements, profites and righteous pertinents appertaining or that shall be righteously known to appertain thereto, as fully and amply as at any time before the said few and teind duties were occupied and possessed by the said deceased earl of Dumfermling or any of his predecessors or successors by vertue of the tack therein mentioned, or any other tacks granted by her majesties' predecessors to them freely, quietly, well and in peace, but any revocation, obstacle or again calling whatsoever, provideing that the granting of the foresaid tack hereby ratified, and the acceptation thereof by the said David, earl of Leven, shall nowayes hurt, weaken or prejudge any former right or title which the said earl has to the paroch kirk of Newburn as patron thereof or otherwayes. But it shall be lawful to him to bruik and possess by vertue of both or either of the said rights at his pleasure, paying therefore yearly the said David, earl of Leven, his heirs and assigneyes foresaid, to her majesty and her successors and chamberlands in their names, the sum of ten pounds Scots money by name of tack duty at the term of Whitsunday yearly dureing the said tack, in manner more fully expressed therein, in all and sundry heads, articles and clauses thereof. And her majesty wills and grants, and for her and her royal successors statutes and ordains, the said tack to be a good, valid and sufficient right conform to the tenor of the same to the said David, earl of Leven and his foresaids for possessing and enjoying the feu and teind duties thereby set dureing the space therein and abovementioned, in so far as concerns the interest of her majesty, and with consent foresaid declares that the same shall never be quarrelled nor revocked by her majestie nor her successors in time comeing, and that this present ratification shall be as valid and sufficient, to all intents, as if the said tack were word by word insert herein, whereanent and with all other defects and imperfections of this present ratification and of the said tack ratified hereby, her majesty, with consent foresaid, dispensed and hereby dispenses for ever. Extract.
[1705/6/139]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, and estates of parliament presently conveened by her majesties' special authority, have ratified and approven and hereby ratifies and approves a charter expede under her majesties' great seal, proceeding by warrand upon a signature under the hand of his majestie the deceased King William, of glorious memory, of the date at Kensingtoun, the third day of February, jM vijC and two years, granted with consent of the commissioners of thesaury and exchequer for the time and proceeding upon the several decreets of adjudication, decreet of sale, resignations and other conveyances therein specified, in favors of lieutenant colonell, therein designed captain, William Maxwell of Briggadeer Maitland's regiment, in liferent dureing all the dayes of his lifetime and William Maxwell, his eldest lawfull son, and the heirs male to be procreat of his body, which failyieing to his other heirs male and of tailyie and provision, and to his other heirs and assigneyes respective and successive therein mentioned, heretably and irredeemably in fie, with and under the provision, condition, power and faculty conceived in favors of the said Lieutenant Colonell William Maxwell and with and under the other conditions, provisions and restrictions respective therein expressed, of all and haill the lands and barony of Cairdiness, comprehending the several touns, lands, mills, woods, fishings, rights of patronages, teinds, multures and others respective therein contained, and of the two merk and an half merk land of Killearn and the half merk land of Tor, with all their pertinents, all lying within the steuartry of Kirkcudbright as principal; and of the lands and baronies of Castlesteuart and Ravenstoun, with their pertinents, in real warrandice. By which charter, their majesties, for the onerous causes and upon the considerations particularly and generally therein expressed, were graciously pleased to erect these lands of the said barony called the Clachan of Anwith and Marquocher, with the crofts pertaining to the mains of Cardiness adjacent thereto, and the house of Cardiness called Ardwell or Bussavell, adjoined with the haill houses, biggings, yeards, tofts, crofts and other pertinents thereof belonging thereto, in an free burgh of barony to be called the burgh of Cardiness, at which they are impouered to keep a weekly mercat and four free fairs yearly on the dayes therein expressed, and to receive and dispose on the tolls and customes thereof, and also erected that part of the barony of Cardiness, lying upon the west side of the water of Fleet where the same falls into the sea, in ane free port and harbour, giveing to the said Lieutenant Colonell, his son and their foresaids, power to build the said harbour, with the several priviledges and casualities therein specified. Which charter contains also a new gift and disposition of the said haill lands and baronys, principal and warrandice, and of the said burgh of barony, fairs, mercat and free port and harbour priviledges and casualities of the same, with all right their majesties had or might pretend thereto, and an new erection of the said haill lands, burgh and others principally above disponed, in an haill and free barony, to be called, as before, the barony of Cardiness, ordaining the castle and touer of Cardiness to be the principal messuage thereof, and one seasine to be taken thereat or upon the ground of any part of the said barony, be tradition of earth and stone, allenarly to be sufficient for the haill foresaid principal lands, burgh of barony, free port and harbour, and also for the said lands and baronys, with the pertinents, disponed in real warrandice, to be holden of their majesties and their royal successors in free barony, burgh of barony, fee and heretage for ever, for payment for the said principal lands of the taxt ward duties for the ward, nonentry, relief and marriage respective contained in the former charter and infeftment thereof granted to umquhile Sir Godfrey Mackculloch of Myretoun, taxing the said lands and whereby their majesties of new taxes the same to the said former taxt duties, and dispenses with the entry of the heirs, notwithstanding of their minority, and for the said new erected burgh of barony, free port and harbour, fairs and mercats, tolls and customes, ane penny Scots money of blench duty yearly at the mercat cross of the said burgh, with due administration of justice; and for the warrandice lands, when the samen shall fall in warrandice, the few and blench duties and other duties and services contained in the former infeftments thereof in manner at length specified in the said charter and infeftment, together with the instrument of seasine following on the samen, in the haill heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid wills, grants and for them and their successors statutes and ordains that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Lieutenant Collonell William Maxwell, his son and their foresaids, for possessing and enjoying the said haill lands and barony principally disponed and, in case of eviction, the said warrandice lands, without stopt or impediment, and that the same shall never be quarrelled by her majesty or her successors, and that this present general ratification is and shall be as effectual and sufficient to the said Lieutenant Collonell William Maxwell, and his said son and their foresaids, in all time comeing, as if the said charter under the great seal containing the foresaid erection had been duely past and expede under the great seal before the death of the late King William, and as if the samen, with the instrument of seasine following thereupon, were herein particularly and verbatim insert and ingrossed, whereanent and with all other exceptions and objections that may be moved proponed or alleadged against the validity of this present ratification, or rights thereby confirmed, her majestie and estates of parliament foresaid have dispensed and hereby dispenses for ever. Extract.
[1705/6/140]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Kensingtoun, the twenty eight day of April, jM vjC and ninety eight years, granted by the deceased King William, with consent of his commissioners of thesaury and exchequer for the time and proceeding upon the resignation of the now deceased Thomas Forbes of Echt, in favors of Arthur Forbes, now of Echt, his eldest lawfull son, in fie and to the heirs male of his body, which failyieing to return to the nearest and lawful heirs male of the said umquhile Thomas, which all failyieing to his nearest and lawfull heirs and assigneyes whatsoever, heretably and irredeemably under the provisions therein expressed, of all and haill the lands and barony of Echt, comprehending all and haill these six pound lands of old extent of Tillifour, old and new Wester Echts, with the mills of Tillifour, mill lands, multures, sequells and knaveships thereof, and the pendicles aftermentioned, viz. Tillieoch, Tilliboy, Wauchtundale, Tilliechodie and Broomhill, with the pertinents of the same, the ten shilling land of old extent called the West third part of the touns and lands of Finnersies, called the meikle and little Finnersies and Monecht, with the pertinents, with the third part of the mill thereof, and third part of the milllands, multures, sequels and knaveships of the same; the lands called Millhill of Echt, with houses, biggings, yeards, tofts, crofts, parts, pendicles and their pertinents, all lying in the parochine of Echt and sherifdom of Aberdeen, with the mill, milllands, multures, sequells and knaveships, houses, biggings, yeards, outsets, insets, mosses, muirs, annexis, connexis, woods, fishings, tenents, tenandries, service of free tenents, parts, pendicles and haill pertinents of the said lands and others abovewritten, with free right of the forest where woods, parks and boigs were or shall happen to be within the said lands and barony, or any part thereof, together with the advocation, donation and right of patronage of the parsonage and viccarage of the kirk of Echt, and teinds, parsonage and viccarage, of the same, with the teinds, fruits, profites and duties belonging thereto and their pertinents. And also, all and haill that sunny third part of the touns and lands of Meikle and Little Finnersies and Monecht, with the pertinents, and the third part of the mill of meikle Finnersie, and of the milllands, multures, sequells and knaveships thereof pertaining thereto, with all and sundry houses, biggings, yeards, orchyeards, mosses, muirs, pasturages, tofts, crofts, outsets, insets, annexis, connexis, dependences, parts, pendicles and all their pertinents, lying within the parochine of Echt and sherifdom of Aberdeen foresaid, and all united, erected and incorporated in an haill and free barony called the barony of Echt, conform to the charter of erection thereof, granted to Arthur Forbes of Echt, deceased, in liferent and the said umquhile Thomas Forbes, his son, in fie, under the great seal of this kingdom of the date at Edinburgh, the eighteenth day of February, jM vjC and seventy six years, whereby the mannor place and house of Echt is ordained to be the principal messuage of the said barony and one seasine to be taken there is declared sufficient for the said haill barony, notwithstanding of it's discontiguousness, in manner more fully specified in the said charter. All which lands, and others abovewritten, are by the foresaid charter hereby ratified of new, given and disponed to the said Arthur Forbes in fie and to his heirs and others abovementioned, heretably and irredeemably under the provisions therein specified, with all right, title and interest which her majesty, her predecessors or successors had have or any wayes may have thereto, or to any part thereof in manner more fully expressed in the said charter, whereby also the toun of the mains of Echt, with all and sundry lands, tenements, cottages, houses, biggings, yeards, orchyeards, muirs, meadows, marishes, tofts, crofts, parts, pendicles and pertinents, lying within the territory thereof, and built or to be built thereon, is erected in a free burgh of barony to be called the burgh of barony of Echt, with the powers, priviledges and liberties expressed in the said charter, and particularly with power to the said Arthur and his foresaids of keeping a mercat weekly upon Thursday and two fairs yearly, one thereof to be called Thomas fair and to begin upon the first Tuesday of June, and the other to be called Kathrin's fair and to begin on the third Tuesday of August, each of them to continue three dayes, and of uplifting and receiveing and imploying, for their own use, the tolls, customes and casualities of the said fairs and weekly mercat. By which charter the said haill lands and barony of Echt, comprehending, as said is, and the said burgh of barony, with the haill liberties, priviledges and immunities pertaining thereto, are of new united and erected in an haill and free barony to be called the barony of Echt, ordaining the new mannor place or castle of Echt to be the principal messuage of the said barony, and that one seasine to be taken thereat should be sufficient for the said haill barony and others foresaid, to be holden of his majesty and his successors in manner expressed in the said charter, whereby the said haill barony, united as said is, with dispensation for takeing seasine at the mannor place thereof lying in the shire of Aberdeen, is absolved from all other sherifdomes and ordinary jurisdictions whatsoever by vertue of the said new union, and the ward, nonentry, relief and marriage of the heir or heirs one or mae, with all the profites of the said marriages when the samen shall fall respective, are given and disponed of new to the heirs male, assigneyes and successors of the said Thomas and Arthur Forbesses succeeding to them in the said lands and barony. And it's ordained that whensoever and as oft as the said lands, barony and others foresaid, or any part thereof, shall fall in ward and nonentry and the relief and marriage of the said heirs and successors shall fall in the hands of his majesty and his successors, that then and as oft the said heirs male, successors and assigneyes of the said Thomas and Arthur Forbess's and their tennents for the time shall not only possess the same dureing the haill space of the ward and nonentry, with the haill profites thereof and the haill benefite of the relief and marriage, but also it shall be lawful to the heirs male and other successors and assigneyes of the said Thomas and Arthur Forbese's to obtain themselves served, retoured, entered, infeft and seased at any time of their age, even tho in minority, without any dispensation in the haill lands and barony of Echt, comprehending, as said is, notwithstanding that the samen are holden ward, for payment yearly at two terms Whitsunday and Martinmass by equal portions, of the sum of one hundreth and sixty pounds Scots money for the ward and nonentry, or any of them, when they shall happen, and of the like sum for the relief of the said lands and barony, and of the sum of three hundreth and twenty pounds for the said marriage or marriages of the heir or heirs, when the samen respective shall happen to fall, which sums his majesty, with consent foresaid did, by the said charter, hold reasonable for the values, profites and commodities of the said ward, nonentry, relief and marriage respective, and every one of them. And his majesty, with consent foresaid did, by the said charter, also ratifie and confirm the several rights and securities granted to the said deceased Arthur and Thomas Forbes's of Echt, and to the said Arthur Forbes now of Echt, of the touns and lands of Culquhorsie, Dumbreck, Kirktoun of Echt, Hillside and Knockquhairne, with the mills, milllands and pertinents thereof, holden of George, duke of Gordon, his heirs and successors, in manner fully expressed in the said charter, together with the precept of seasine therein contained and instrument of seasine following thereupon, in all and sundry heads, articles, clauses, provisions and conditions of the same. And her majesty, with consent of the estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter, with the infeftment thereon, shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Arthur Forbes, now of Echt, and his heirs male and others foresaid, for possessing and enjoying the said haill lands and barony comprehending, as said is, and of new united in manner abovementioned, without any stopt or impediment in so far as concerns the interest of her majesty or her royal successors, and that the same shall never be quarrelled by her majesty or her said successors, and also that this present general ratification is and shall be as valid and effectual, to all intents, to the said Arthur Forbes and his heirs and others succeeding to him by vertue of the said charter, as if the samen charter and seasine thereon were word by word insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity of this present ratification or rights thereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
[1705/6/141]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, presently conveened by her majesties' special authority, have ratified and approven and hereby ratifies and approves an charter under the great seal bearing date at Kensingtoun, the first day of April, jM vijC and one years, granted by the deceased King William, with consent of the commissioners of his thesaury and exchequer for the time and proceeding on the resignations of John Leith of Leithhall and of umquhile John, earl of Mar, and the deceased William Gordon of Tapersie, John and Henry Gordons, his sons, and umquhile Mr James Leith of Leithhall, sometime designed of Newlesly, father to the said John Leith, assigneys of the said John, earl of Mar, to and in favors of the said John Leith of Leithhall, he being on life dureing all the dayes of his lifetime, and to John Leith, his lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to the other heirs male and of tailyie and provision respective and successive therein mentioned, and failyieing of them to the said John Leith, elder, and his heirs and assigneys whatsoever, heretably and irredeemably in fie with and under the condition, provision, pouer and faculty conceived in favors of the said John Leith, elder, of all and haill the lands and barony of Leithhall, comprehending the several and particular touns, lands, mannor places, mills, teinds, priviledge of a yearly fair, customes and commodities belonging thereto, and others respective therein mentioned, lying within the parochine of Lesline and sherifdom of Aberdeen, and all formerly united, erected and incorporated in an haill and free barony called the barony of Leithhall. All which lands, barony and others mentioned in the said charter, with all right his majesty had or might pretend thereto or to the maills and duties thereof bygone, and in time comeing, are therby of new given and disponed to the said John Leith, elder, dureing his lifetime and to the said John Leith, his son, and to the heirs male of his body, which failyieing to the said other heirs male and of tailyie and provision respective therein specified, heretably and irredeemably in fie under the foresaid provision and faculty conceived in favors of the said John Leith, elder, and fully expressed in the said charter, which contains also an new erection of all the foresaid lands and barony, priviledge of a fair, teinds, mills and others therein expressed, in an haill and free barony to be called as before the barony of Leithhall, ordaining the mannor place of Leithhall to be the principal messuage thereof, and one seasine to be taken, in all time comeing, thereat or upon any part of the said lands to be sufficient for the said haill barony united, as said is, and every part of the same, to be holden of his majestie and his royal successors in taxtward, few and blench ferme respective, free barony, fee and heretadge for ever, in manner fully expressed in the said charter, whereby also the duties of ward, nonentry and relief of the said lands and barony of Leithhall, and the marriage of the heir or heirs when and as oft as the same shall fall out, are assigned and disponed to the said John Leith, elder, his son and their foresaids, for payment of the sum of eighty six pounds Scots money yearly, at two terms in the year, Whitsunday and Martinmass by equal portions dureing the waird and nonentry, as much for the relief and of the sum of one hundred and sixty three pounds for the marriage of the heir when and how oft soever the samen shall happen to fall, to which sums respective the foresaid ward, nonentry, relief and marriage are taxed, and also the heirs are allowed to be entered, served, retoured and infeft in the said lands and barony, notwithstanding of their minority, in manner at length specified in the said charter, together with the precept of seasine therein contained and instrument of seasine following thereupon, in the haill heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid wills and grants and, for them and their successors, statutes and ordains that the foresaid general ratification is and shall be as valid, effectual and sufficient to the said John Leith, and his said son and his foresaids, in all time comeing, as if the said charter under the great seal containing the said new gift, new erection and the taxing of the ward, nonentry, relief and marriage and instrument of seasine following thereupon, were herein particularly and verbatim insert and ingrossed, whereanent and with all other exceptions and objections that may be moved, proponed and alleadged against the validity of this present ratification, her majesty, and estates of parliament foresaid have dispensed and hereby dispenses for ever. Extract.
[1705/6/142]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, presently conveened by her majesties' special authority, have ratified and approven and hereby ratifies and approves an charter under the great seal of the date at Kensingtoun, the third of February, jM vijC and two, granted by the deceased King William, with consent of the commissioners of thesaury and exchequer for the time, and proceeding on the resignation of John Forbes of Balflug, to and in favors of the said John Forbes, he being on life, dureing all the dayes of his lifetime, and of George Forbes, his eldest lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to Alexander Forbes, his second lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to John Forbes, his third lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to the said John Forbes, elder, his other heirs male therein mentioned, and failyieing of them his heirs or assigneys whatsoever, in fie heretably and irredeemably, with and under the condition, provision, power and faculty therein mentioned, conceived in favors of the said John Forbes, elder, of all and haill the lands and barony of Alfoord, comprehending the several and particular touns, lands, mills and others respective therein specified and specially of an little fair or mercat called Andersmass fair holden yearly at and upon the toun of the mains of Alfoord, with the tolls, customes, priviledges and liberties whatsoever belonging to the said fair or mercat, all lying within the parochine of Alfoord and sherifdom of Aberdeen, and all formerly united, erected and incorporated in an haill and free barony called the barony of Alfoord, which charter contains a new gift or disposition to and in favors of the said John Forbes, elder, dureing all the dayes of his lifetime and to the said George Forbes, his son, and the heirs male of his body, which failyieing to the other heirs male and of tailyie and provision abovementioned, heretably and irredeemably, under the provision therein specified, of the said lands, barony and others foresaid, with all right his majesty had or could pretend thereto or to the maills and duties thereof bygone or in time comeing, and an new erection of the foresaid lands and others therein specified, in an haill and free barony to be called, as before, the barony of Alfoord, whereof the mannor place of Balflug is ordained to be the principal messuage and one seasine to be taken thereat, or any part of the said lands, is declared to be sufficient for the haill barony and every part thereof, in all time comeing, to be holden of his majesty and his royal successors in free barony, fie and heretadge for ever, for payment of the rights and services used and wont. By which charter also, the duties of ward, nonentry, relief and marriage payable for the said barony are taxed for payment of the sum of two hundred and fourty six pounds, thirteen shilling [and] four pennies Scots money yearly, dureing the ward and nonentry as much for the relief, and of the sum of four hundred and ninety three pounds, six shilling [and] eight pennies money foresaid for the marriage of the heir, when and how oft soever the samen shall happen to fall, in all time comeing, and the heirs are allowed to be served, retoured, infeft and seased in the said lands, barony and others foresaid, notwithstanding of their minorities, in manner at length specified in the said charter, together with the precept of seasine therein contained and instrument of seasine following thereupon, in the haill heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow on the same. And her majesty and estates of parliament foresaid wills and grants, and for them and their successors statutes and ordains, that the foresaid general ratification is and shall be as valid, effectual and sufficient to the said John Forbes, and his said sons and their foresaids, in all time comeing as if the said charter under the great seal containing the said new gift, new erection and taxing of the ward, nonentry, relief and marriage and the instrument of seasine following thereupon, were herein particularly and verbatim insert and ingrossed, whereanent and with all other exceptions and objections that may be moved, proponed or alleadged against the validity of this present ratification, her majesty, and estates of parliament foresaid, have dispensed and hereby dispenses for ever. And her majesty and estates of parliament, considering that by the rights and infeftments formerly granted to the predecessors of the said John Forbes there was given to them the right and priviledge of keeping a weekly mercat and yearly fair on the days following at the toun and lands of Endovie, which is a part of the said barony of Alfoord, lying in manner foresaid, and that it is very fit for the good of the inhabitants of the said place and of her majesties' other leidges dwelling near thereto to revive and renew in manner underwritten the said weekly mercat and yearly fair which is now become in disuetude, therefore, her majestie and the said estates of parliament do, by thir presents, without prejudice of the said other fair granted by the said charter called Andersmass fair, of new appoint a weekly mercat to be keept in all time comeing at the said toun and lands of Endovie upon every Thursday and a fair to be holden thereat yearly in all time comeing upon the third Tuesday of May, and to continue four dayes, called Saint John's fair, and have given and granted and hereby give and grant to the said John and George Forbes's and their foresaids, in liferent and fie respective as said is, the right and priviledge of keeping the said weekly mercat and yearly fair for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the right of keeping fairs and mercats within this kingdom. Extract.
[1705/6/143]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a gift under the privy seal of the date at Windsoir Castle, the fifth day of August, jM vijC and two years, granted by her majesty, with consent of her commissioners of thesaury and exchequer for the time, in favors of James, earl of Mortoun, his heirs and successors, by which gift her majesty, in consideration of the recommendations therein mentioned from the parliament in favors of the said earl for an allowance to him to prosecute a reduction of the decreet and act of parliament therein expressed, and for a provision to him in the mean time untill the said cause were finally discussed did, with consent foresaid, give and grant to the said earl and his foresaids an annuity of ane thousand pounds sterling, or twelve thousand pounds Scots, to be payed to him and them yearly out of the first and readiest of the rents, duties, profites and casualities of the earldom and lordships of Orkney and Zetland, includeing alwayes and in full satisfaction of all former settlements made to him out of the foresaid lands or any other manner of way on the foresaid account, beginning the first term's payment of the foresaid thousand pounds sterling at the term of Martinmass then next to come and so furth yearly and termly, ay and while his foresaid cause be of new tryed and finally discussed. And for the said earl and his foresaids their more sure payment, her majesty, with advice and consent foresaid, assigned and made over to him and them yearly as much of the said yearly rents, duties, profites, casualities and first and readiest thereof as will yearly pay and clear the foresaid annuity, and further, in respect that the rents, duties and casualities of the foresaid earldom and lordship were then in collection, her majesty nominated and appointed the said James, earl of Mortoun and his foresaids and their deputes, for whom they should be answerable, her majesties' chamberlains and collectors of the said haill rents, duties and casualities, and that as fully and effectually as if a special and ample letter of chamberlainry with all clauses ordinar had been given to them for that effect, with provision alwayes that, after payment to himself and them in the first place of the foresaid free annuity, he and they should be countable to the commissioners of the thesaury for the remaining superplus of the said rents, duties and casualities when required and should find good and sufficient security for that end. As also, that if the said lords commissioners of the thesaury should think fit rather to set the said earldom and lordship in tack than continue it in collection they might freely do the same, provideing nevertheless, likeas her majesty by the said gift expresly ordained, that when the said commissioners should think fit to set the foresaid tack they should take the tacksmen ane or mae expresly oblidged in the body of their tack to pay to the said earl and his foresaids or their order the foresaid annuity yearly and termly in the first end of their tack duty, and to be allowed to the said tacksmen on his or their recept, without any necessity of any interveening precept and order of thesaury for that effect, and so as the said earl and his foresaids may have immediat diligence on the said registred tack against the said tacksmen for recovering payment of the said annuity in the forend of the said tack duty without any delay, as the said gift bears, in all and sundry heads, articles and clauses thereof. And her majesty, with advice and consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid gift is and shall be conform to the tenor of the same a good, valid and sufficient right and title to the said James, earl of Mortoun for possessing and enjoying, without stopt or impediment, the foresaid annuity in manner and dureing the space abovementioned, and declares that the same shall never be quarrelled or revocked by her majesty or her successors in time comeing, and that this present ratification is and shall be as valid and sufficient, to all intents, as if every word of the said gift were insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity hereof or of the said gift hereby confirmed, her majesty, with consent foresaid, dispensed and hereby dispenses for ever. Extract.
[1705/6/144]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Saint James's, the last day of March, jM vijC and four years, granted by her majestie, with consent of her commissioners of thesaury and exchequer for the time, to James, earl of Mortoun, and the heirs male lawfully to be procreat of his body, which failyieing his heirs male whatsoever, which failyieing his heirs and assigneyes whatsoever, heretably and irredeemably, of all and sundry the lands, lordships, baronies, regalities, annualrents, teinds, patronages, earldom and others underwritten, viz. The lands, lordship and barony of Aberdour, with castle, touer, fortalice, mannor place, mills, fishings, touns, woods, parks, yeards, orchyeards, dovecoats, cunninghars, outsets, parts, pendicles and pertinents, tenents, tenandries and service of free tenents, advocations, donations and rights of patronage of the kirks and chaplanries thereof, and all their pertinents, with the burgh of barony and regality of Aberdour, with the port and harbour of the same, and full right, priviledge and liberty of repairing the said harbour of Aberdour, or of building, makeing and erecting a free sea port and harbour for ships in any other part of the said barony of Aberdour, as the said James, earl of Mortoun shall think fit, and all other bulwarks and other works necessary thereto, with full pouer and priviledge to them of makeing, creating and appointing baillies, burgesses, clerks, officers, serjands and other necessary officers within the said burgh of Aberdour for the government thereof, and of choiseing, changeing and renewing the said baillies, clerks and other officers yearly, as they shall think fit, and with power to the said burgesses of the foresaid burgh of Aberdour, in all time comeing, to buy and sell wax, wine, lint, wool, broad and narrow cloath, and all other merchandice and staple goods, without any obstacle, disturbance, molestation or impediment whatsoever, and also of haveing, admitting and receiveing within the samen burgh of Aberdour baxters, maltsters, fishers, fleshers, souters, tailyeors, weavers, barbers, smiths and all other necessary artists pertaining to the liberty of a free burgh of barony and regality, and of building, haveing and keeping within the said burgh a tolbuith, a mercat cross, a mercat weekly upon Friday, with two free fairs yearly, one upon the twenty fourth day of January, to be called the first fair, and the other upon the twenty seventh day of September, to be called the latter fair, with pouer of keeping the said weekly mercat, and the said two free fairs yearly for the space of three dayes, and of collecting, uplifting and intrometting with the customes and other duties of the said mercat and fairs for the proper use of the said James, earl of Mortoun and his foresaids, and also with special and full power of receiveing resignations of all lands, tenements, annualrents and others within the said burgh of Aberdour, and of disponing the same with all infeftments, charters, seasines and other evidents necessar, to any person or persons in whose favors the said resignations shall be made, of affixing, fenceing, keeping and continueing, as oft as need bees, baron courts and regality courts within the said burgh of Aberdour, and liberty thereof and of creating clerks, serjands and other necessary members of court, of fineing the absents, punishing the transgressors conform to the laws of this kingdom of Scotland, and of creaving, uplifting, receiveing and applying to their own use the fines and amerciaments of the said courts and of doing thereanent as freely as is granted to any other burgh of barony and regality within the said kingdom, and of uplifting all and sundry the small customes, anchorages, docksilver and groundleave, and all other duties and emoluments of the said port and harbour of Aberdour, and of applying the same to their own use or otherwayes disposeing thereupon at their pleasure, as freely as the same are uplifted by any others of her majesties' vassalls, heretable proprietars of any other free port or harbour within the said kingdom of Scotland, with full power also of loading and unloading at the said sea port and harbour the haill ships, boats and bargs comeing thither or going from thence and of enjoying, useing and exerceing all other priviledges, liberties and immunities and uplifting all other duties and casualities of the said sea port and harbour in the same manner, and as freely, in all respects, as any other heretable proprietars of any other free sea ports within this kingdom, in all time bypast have done or in any time to come may lawfully do, all lying within the lordship and regality of Aberdour and sherifdom of Fyfe. The lands, earldom and barony of Mortoun, with touer, fortalice, mannor place, yeards, orchyeards, mills, woods, fishings, tenents, tenandries and service of free tenents, with the advocation and donation of the kirks thereof, annexis, connexis of the said earldom and barony, and specially with full right of presenting four poor scholars called bursars in the colledge of Glasgow to the principals, regents and masters thereof, conform to the tenor of the foundation and mortification granted thereupon, with all their pendicles and pertinents. [Also] the lands of Bonningtoun, the lands of Barns, the lands of Kincavill, the lands of Drumcroce, the lands of Gallowhill, the lands of Williamcraigs, with all their pertinents, lying within the sherifdom of Linlithgow. An annualrent of four pounds sterling money yearly to be uplifted and taken furth of the lands of Neubie, with the pertinents, lying within the sherifdom of Peebles. [Also] the lands and barony of Edmonstoun, with mannor place, fortalice, mills, fishings, outsetts, yeards, orchyeards, parts, pendicles, tenents, tenandries, service of free tenents, with advocation and donation of the kirks and chaplanries of the same, and all their pertinents lying within the barony of Biggar and sherifdom of Lanerk. The lands and barony of Borge, [and] the lands and barony of Buthill, with castles, mannour places, mills, fishings, yeards, orchyeards, woods, parts, pendicles, annexis, connexis, tenents, tenandries, service of free tenents, with the advocation and donation of the kirks and chaplanries of the said lands and baronies, and all their pertinents, lying within the sherifdom of Kirkcudbright. Which charter proceeds on the several appriseings, resignations and other conveyances therein mentioned and contains a new gift or disposition of the haill lands and others therein and above specified, with all right and title which her majesty, her predecessors or successors, had, has or any wayes may have claim or pretend thereto, or to any part thereof or to the rents and duties of the same bygone and to come, in favors of the said James, earl of Mortoun and his foresaids, and a new erection of the foresaid haill lands, lordships, baronies and others abovewritten, in ane haill and free earldom to be called the earldom of Mortoun, ordaining the castle of Aberdour to be the principal messuage thereof, and one seasine to be taken thereat or on any part of the said barony of Aberdour, by delivery of earth and stone, to be sufficient for the haill, to be holden of her majesty in free blench, for payment yearly of an penny Scots money in name of blench ferm if required at the principal messuage or mannour place of Aberdour, as is fully expressed in the said charter, whereby also the rights of the two several annualrents therein mentioned furth of the said lands and barony of Aberdour, and the conveyances thereof in favors of the said James, earl of Mortoun, are confirmed. And her majesty, with advice and consent of the said estates of parliament, ratifies, approves and confirms the precept of seasine contained in the said charter and instrument of seasine following or competent to follow thereupon, in all and sundry heads, articles and clauses thereof. And her majestie, with consent foresaid, wills and grants and, for her and her royal successors, statutes and ordains that the foresaid charter and seasine hereby confirmed are and shall be, conform to the tenors of the same, good, valid and sufficient rights to the said James, earl of Mortoun and his foresaids for possessing and enjoying in time comeing, without stopt or impediment, the foresaid lands, lordships, baronies, regality, earldom and others foresaid, and declares that the same shall never be quarrelled or revocked by her majesty or her successors in time comeing, and that this present ratification is and shall be as sufficient, to all intents, as if every word of the foresaid charter and seasine were insert herein, with the not inserting whereof and with all other defects and imperfections of the said charter and seasine and of this present ratification of the same, and with all objections that can be proponed against the same, her majesty, with consent foresaid, dispensed and hereby dispenses for ever.
[1705/6/145]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms an charter under her majesties' great seal of the date at Saint James's, the thirtieth day of November, jM vijC and three years, granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer for the time, and proceeding upon the several resignations, decreet of sale and other conveyances therein mentioned, to and in favors of Sir William Maxwell of Monreith, knight and baronet, and his heirs male and of tailyie and other heirs and assigneyes therein specified, with and under the provisions, conditions, restrictions, limitations and irritances therein expressed, heretably and irredeemably, of all and haill the lands and barony of Monreith, the lands, barony and tenandry of Aplebie, the lands and barony of Myretoun, the barony of Mochrumloch, the lands and barony of Longcastle, fourty merk lands of the barony of Ardwell and Killaster, and the said barony of Killaster, comprehending therein respective the several lands, mills, castles, touers, mannour places, houses, biggings, yeards, orchyeards, lochs, fishings, teinds, rights of patronage and others therein mentioned, and of the five pound land of Gairngairy and several other lands therein expressed. Which charter contains a confirmation of several rights and infeftments of the foresaid lands and others therein mentioned, with a new gift and disposition thereof and an union of the said haill lands, baronies and others therein specified, extending to a three hundred and thirty four merk land of old extent, with all and sundry their houses, biggings, yeards, orchyeards, tofts, crofts, annexis, connexis, woods, lochs, fishings, parts, pendicles and all their pertinents, all lying within the sherifdom of Wigtoun, in an haill and free barony and forrestrie to be called, in all time comeing, the said three hundred and thirty four merk land of old extent and barony and forrestry of Monreith, ordaining the mannor place of Monreith to be the principal messuage of the said barony and giveing to the said Sir William, and his foresaids, all the liberties, priviledges, emoluments, jurisdictions and casualities belonging to a free barony and forrestry, ordaining also one seasine to be taken at the said mannour place of Monreith, by deliverance of earth and stone, without the necessity of any other symboll, to be sufficient for the haill lands, mills, woods, fishings, patronadges, office of forrestrie and others particularly mentioned in the said charter, and erected, as said is, in the said barony of Monreith, to be holden of her majesty for her self and as come in place of the bishops respective and of her royall successors for payment of the few duties of victual and capons, or prices thereof mentioned in the said charter, and of the other few, blench and taxt ward duties specified therein, whereby also the duties of ward, nonentry, relief and marriage payable for several of the said lands and others are taxed to the several sums therein expressed. And it is declared lawful to the heirs male, of line, assigneyes, successors and others foresaid of the said Sir William, to obtain themselves infeft and seased in the lands, teinds, fishings and others mentioned in the said charter, notwithstanding of their minorities. And sicklike, the several few charters therein specified granted to the said Sir William and his foresaids and to his authors by Sir James Dunbar of Mochrum of the lands of Arrialand, Chang, Glentriploch and Barochane, lying in the said sherifdom, with the conveyances and the several adjudications and appriseings thereof, are confirmed in manner fully expressed in the foresaid charter together with the precept of seasine therein contained and instrument of seasine following thereon, in all and sundry heads, articles, clauses, provisions and contents of the same with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Sir William Maxwell and his heirs male and of tailyie and other heirs and assigneyes therein specified, for possessing and enjoying of the said haill lands, mills, woods, fishings, teinds, patronage, office of forrestry and others therein expressed united, as said is, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present general ratification is and shall be as effectual and sufficient to the said Sir William Maxwell and his foresaids as if the said charter, with the instrument of seasine following thereon, were word by word insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity of this present ratification or rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses for ever. Extract.
[1705/6/146]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Saint James's, the twenty first day of December, jM vijC and two years, granted by her majesty, with consent of her commissioners of thesaury and exchequer for the time, proceeding on the resignation of Mr Thomas Thomson of Auchquittrie, to and in favors of Sir Alexander Ogilvie of Forglen, as haveing right to the said Mr Thomas his procuratory of resignation in manner therein mentioned, and to his heirs and assigneyes whatsoever, heretably and irredeemably, of all and haill the toun and lands of Todlaw, with houses, biggings, yeards, tofts, crofts, outsets, insets, annexis, connexis, parts, pendicles and haill pertinents whatsoever thereof, with the salmond fishing in the water of Doveran, lying within the parochine of Forglen and sherifdom of Bamf. Which lands and others foresaid, with all right and title her majestie had or might pretend thereto are, by the said charter, of new given and disponed to the said Sir Alexander Ogilvie and his forsaids, in manner fully expressed therein, whereby also all the writs, rights and securities of the samen lands and others abovementioned conceived in favors of the said Sir Alexander, his authors and predecessors, are ratified and confirmed and the foresaid lands, fishing and others abovewritten are disjoined from all other baronies to which they were formerly united and of new incorporated and united to the lands and barony of Forglen, to remain inseperably therewith as a proper part and pertinent of the same, with all jurisdictions, priviledges and immunities belonging thereto, as fully as if they had been at the beginning annexed with the same, and one seasine to be taken at the mannour place of Forglen as the principal messuage of the said barony, or upon any part of the ground of the said lands, is ordained to be a sufficient seasine for the said lands, fishings and others abovespecified, to be holden of her majesty and her successors, in manner expressed by the said charter, by which the haill waird and nonentry duties of the lands and others foresaid, and the relief thereof and marriage of the heirs of the said Sir Alexander Ogilvie and his foresaids, as oft as the same respective shall fall, with all the profites and emoluments thereof, are given and disponed to him and his foresaids for payment yearly at two terms Whitsunday and Martinmass by equal portions dureing the haill space of the ward and nonentry or either of them the sum of thirty pounds Scots money, as much for the relief and of the sum of sixty pounds money foresaid for the marriage of the said heirs, as oft and whensoever the samen respective shall fall, to which sums abovewritten the said ward, nonentry, relief and marriage, so oft as the samen shall fall, are taxed by the said charter, whereby also the heirs of the said Sir Alexander and his foresaids are allowed to be served, retoured, infeft and seased in the said lands and others abovementioned, notwithstanding of their minority, as the said charter fully bears, together with the precept of seasine therein contained and instrument of seasine following thereon, in all and sundry heads, articles and clauses thereof. And her majestie, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter with the infeftment thereon shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Sir Alexander Ogilvie and his foresaids for possessing and enjoying the lands, fishing and others abovewritten, without stop or impediment, in so far as concerns the interest of her majestie, and declares that the same shall never be quarrelled by her majesty or her said successors, and also that this present ratification is and shall be as effectual and sufficient, to all intents, as if the said charter and seasine were word by word insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses for ever. Extract.
[1705/6/147]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Bath, the seventeenth day of September, jM vijC and three years, granted by her majestie, with consent of her commissioners of thesaury and exchequer for the time, proceeding on the several resignations and conveyances of the same mentioned therein, to and in favors of Mr James Nasmith of Dawick, advocat, and the heirs male lawfully to be procreat of his body, which failyieing to the heirs female lawfully procreat or to be procreat of his body, which failyieing to his other heirs of tailyie therein mentioned, and failyieing of them to his nearest heirs and assigneyes whatsoever, the eldest heir female succeeding alwayes without division, heretably and irredeemably, and with and under the provisions and restrictions therein set down to which the said heirs of tailyie shall be oblidged in manner therein mentioned, of all and haill the lands and barony of Dawick, comprehending the lands of Easter and Wester Dawicks, the lands of Lour Maines of Dawick, with mill and milllands thereof, yeards, parks, houses, and pertinents of the same, with the right of patronage of the paroch kirk of Dawick, and haill superiorities of the said barony, with the teinds, parsonage and viccarage, of the said kirk and parochine kirklands of the same, and fourty eight sums of beasts, lying in the parochine of Dawick and sherifdom of Peebles. And of all and haill the lands of Cruickstoun, [also] lying in the parochine and sherifdom of Peebles. And all and haill the lands of Wrae, with all and sundry houses, biggings, tofts, crofts, mosses, muirs, meadows, pasturages, parts, pendicles and pertinents thereof whatsoever, lying in the parochine of Manner and sherifdom of Peebles foresaid. And of the fourty shilling land called Wester Smelhope, with houses, biggings, parts, pendicles and pertinents of the same, lying within the parochine of Glenwholme and sherifdom of Peebles. And all and haill that part and portion of the lands of Smelhope, and a soume of beasts upon the said lands, sometime possessed by William Grieve, miller at the mill of Urrisland. And of all and haill that part and portion of land called Urrisland, with the mill thereof, milllands, multures, sequells and pertinents of the same, whatsoever with the multurs of the lands of Stenhope, and of the lands called the fourth part of Rauchin, with all and sundry houses, biggings, yeards, parts, pendicles and pertinents of the same, lying in the parochine and sherifdom foresaid, with the liberty of pasturage in the commonty of Whomhope and other liberties used and wont, with necessary feual upon the lands of Smelhope to the tenents of the said lands of Urrislands, and mill of the same according to the usual custome. Which haill lands and others foresaid, with all right and title that her majesty her predecessors or successors had or could pretend thereto, or to any part thereof or to the maills and duties of the same are, by the foresaid charter, of new disponed to the said Mr James Nasmith and his foresaids in manner fully expressed therein, whereby also the samen haill lands and others abovementioned are united and erected in ane haill and free barony to be called, in all time comeing, the barony of Dawick, and one seasine to be taken at the mannour place of Dawick which is thereby appointed to be the principal messuage of the said barony, or upon the ground of any part of the said lands and barony, is ordained to be sufficient for all the foresaid lands, mills, teinds, patronage, superiorities and others abovespecified, with the pertinents united, as said is, to be holden of her majesty and her royal successors for payment of the blench, few and taxt ward duties particularly mentioned in the said charter. By which also the duties of ward, nonentry, relief and marriage due and payable for the said lands and old barony of Dawick, comprehending the lands, barony and others particularly abovespecified and for the said lands of Cruikstoun and Wrae, are taxed to the several sums therein expressed, for payment whereof the same are disponed to the said Mr James, his heirs male successors and assigneys foresaid, in manner mentioned in the said charter. And likewayes, the heirs male and of tailyie, successors and assigneyes foresaid of the said Mr James Nasmith are allowed, notwithstanding of their minority, to be served, retoured, infeft and seased in the said lands and barony. And further, the contract of marriage betwixt the said Mr James and Mistress Barbara Pringle, eldest lawfull daughter of Andrew Pringle of Cliftoun, with consent of her father on the one and other parts of the date the fifeteenth day of June, jM vijC and two years, together with the precept of seasine therein contained and instrument of seasine following thereupon in favors of the said Mistress Barbara, are approven and confirmed in manner fully expressed in the charter abovementioned, the precept of seasine contained in which charter and instrument of seasine thereon her majesty, with advice and consent of the said estates of parliament, does also ratifie, approve and perpetually confirm, in all and sundry heads, articles and clauses of the said charter, precept and seasine, and wills and grants and, for her majesty and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Mr James Nasmith and his foresaids for possessing and enjoying the lands, mills, teinds, patronages, superiorities and others abovementioned with the pertinents united in one barony in manner abovewritten, without any stopt or impediment, in so far as concerns the interest of her majestie or her successors, and declares that the same shall never be quarrelled by her majesty or her said successors, and also that this present ratification is and shall be as effectuall and sufficient, to all intents and purposes, as if the said charter and seasine thereon were word by word insert hereintill, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification or of the rights hereby ratified, her majestie, with consent foresaid, dispensed and hereby dispenses for ever. Extract.
[1705/6/148]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantadge of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and also to increase trade and commerce in the nation, and that it is very fit for these ends to authorize two yearly fairs upon the dayes following at the toun of Huntley, lying in the shire of [...],† and belonging to George, duke of Gordon, do therefore, by thir presents, appoint two fairs to be keeped yearly in all time comeing at the said toun of Huntley, one thereof upon the third Tuesday of August, and the other upon the first Tuesday of October, and each of them to continue four dayes; and have given and granted and hereby give and grant to the said duke, his heirs and successors, the right and priviledge of keeping the said yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, with all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/149]*[print] [email] [cite] [preceding] [following]
Our soveraign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantadge of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize two yearly fairs upon the dayes following at the toun of Turrif, in the paroch of Turrif and sherifdom of Aberdeen, and regality of Slains, belonging to Charles, earl of Erroll, do therefore, by thir presents, appoint two fairs to be keeped yearly in all time comeing at the said toun of Turrif, one thereof upon the last Tuesday of March to be called Saint Ann's fair, and the other upon the first Tuesday of December, to be called Saint John's fair, and each to continue four dayes; and have given and granted and hereby give and grant to the said earl, his heirs and successors, the right and priviledge of keeping the said yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/150]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantadge of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize a weekly mercat and four yearly fairs, upon the dayes following, at the Kirk of Denny belonging to John, earl of Wigtoun, and lying within the shire of Stirling, and two yearly fairs on the dayes following at the Newtoun of Cumbernald, lying in the said shire and belonging to the said earl, do therefore, by thir presents, appoint a weekly mercat to be keeped in all time comeing at the said Kirk of Denny upon every Wednesday, and four fairs to be holden at the same place yearly in all time comeing, one thereof upon the last Wednesday of April, another upon the twenty second of June, another upon the fourth of August and the other upon the fifth of November, and also appoint two fairs to be kept yearly in all time comeing at the said Newtoun of Cumbernald, one thereof upon the first Friday of February, and the other on the twenty ninth day of October; and have given and granted and hereby give and grant to the said earl, his heirs and successors, the right and priviledge of keeping the said weekly mercat and yearly fairs at the said respective places for all kinds of merchandice, with all the tolls, customes and casualities thereof and all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom. Extract.
[1705/6/151]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and also to increase trade and commerce in the nation, and that it is very fit for these ends to authorize three yearly fairs, upon the dayes following, at and upon the west end of the foot of the hill of Tyrebagger, which is a part of the lands and barony of Caskiebend, lying in the shire of Aberdeen, and belonging to Sir John Johnstoun of Caskiebend, do therefore, by thir presents, appoint three fairs to be kept yearly in all time comeing at and upon the said west end of the foresaid foot of the hill of Tyrebaggar, one thereof upon the Tuesday immediatly preceeding Esther, to be called Pasch fair, another upon the first Tuesday of July, to be called Martin Bulyeon fair, and the other upon the third Thursday of August, to be called Tyrebaggar fair; and have given and granted and hereby give and grant to the said Sir John Johnstoun, his heirs and successors, the right and priviledge of keeping the said yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom. Extract.
[1705/6/152]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantadge of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize a weekly mercat to be kept on Tuesday at the toun of Inneresk, lying in the shire of Edinburgh, belonging to Sir Robert Dickson of Inneresk, and two yearly fairs to be holden, upon the dayes following, at the said toun, do therefore, by thir presents, appoint a mercat to be kept weekly on Tuesday in all time comeing at the said toun of Inneresk, and also two fairs to be holden yearly thereat, one thereof to begin upon the second Tuesday of July and the other upon the first Wednesday of October, and each of them to continue from the respective dayes of their beginning to the Saturday of that week; and have given and granted and hereby give and grant to the said Sir Robert Dickson, his heirs and successors, the right and priviledge of keeping the said weekly mercat and yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/153]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize a weekly mercat to be kept every Tuesday in all time comeing within the burgh of barony of Saint Mineans and Newwark, in the shire of [...],† and belonging to Sir Alexander Anstruther of Newwark, and that in place of the weekly mercat formerly appointed to be holden there on Friday, and two fairs to be kept within the said burgh on the dayes following, do therefore, by thir presents, appoint a weekly mercat to be kept every Tuesday in all time comeing within the said burgh of barony, in place of the said former weekly mercat, and also two fairs to be kept within the said burgh yearly, in all time comeing, one upon the second Tuesday of July and the other on the second Tuesday of September; and have given and granted and hereby give and grant to the said Sir Alexander Anstruther, his heirs and successors, the right and priviledge of keeping the said weekly mercat and yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/154]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament do, by thir presents, appoint and ordain a weekly mercat to be kept upon each Wednesday, in all time comeing, at the Clachan of Fintry, in the shire of Stirling, and belonging to John Napeir of Culcreoch, and two fairs to be holden there yearly, in all time comeing, one upon the last Thursday of June and the other upon the second Thursday of December; and do hereby give and grant to the said John Napeir, his heirs and successors, the right and priviledge of keeping the said weekly mercat and yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/155]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, does, by thir presents, appoint and ordain a mercat to be kept weekly upon Thursday, and two fairs to be holden yearly, one upon the first Tuesday of July and the other upon the second Tuesday of October, in all time comeing, at the burgh of Anstruther Wester, and that in place of the weekly mercat formerly appointed to be holden there on Sabath, and of the yearly fairs, one in March and the other in December formerly kept at the said burgh; and does hereby give and grant to the magistrats and council of the foresaid burgh, and their successors in office, for the behoove of the community thereof, the right and priviledge of keeping the said weekly mercat and yearly fairs on the said respective dayes for all kinds of merchandice, in place of the said other mercat and fairs formerly held at the said burgh in manner abovementioned, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/156]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize a weekly mercat and two yearly fairs, on the dayes following, at the Kirktoun of Fyvie, in the shire of Aberdeen, and at that part thereof which belongs to the Maines of Fyvie, whereof two third parts pertain to John, marquess of Tweeddale and the other third part to Jean, countess of Dumfermling in liferent, and to the heirs and donators of Dumfermling in fie, do therefor, by thir presents, appoint a mercat to be kept weekly upon Thursday, and two fairs yearly, one thereof to begin upon the second Tuesday of October, to be called Saint John's fair, and the other to begin on the second Tuesday of August, to be called Saint Peter's fair, and each of them to continue three dayes, in all time comeing, at the said Kirktoun of Fyvie, and at that part thereof which belongs to the said Maines of Fyvie; and have given and granted and hereby give and grant to the said John, marquess of Tweeddale, his heirs and successors, and to the said countess and heirs and donators of Dumfermling in liferent and fie respective, the right and priviledge of keeping the said weekly mercat and yearly fairs for all kinds of merchandice, and hereby give and grant to the said marquess, and his foresaids two third parts, and to the said countess in liferent and to the foresaid heirs and donators of Dumfermling in fie the other third part of, all the tolls, customes and casualities thereof and all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/157]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints a mercat to be kept weekly on Friday and two fairs yearly, one upon the last Tuesday of March and the other on the last Tuesday of September, in all time comeing, to be holden at the toun of Currie, in the barony of Riccartoun and shire of Edinburgh, and belonging to Robert Craig of Riccartoun; and does, by thir presents, give and grant to the said Robert Craig, his heirs and successors, the right and priviledge of keeping the said weekly mercat and yearly fairs for all kinds of merchandice, with all the tolls, customes and casualties thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/158]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints two fairs, one upon the first Tuesday of December and the other on the last Tuesday of January to be holden yearly, in all time comeing, at and within the burgh of Stirling; and gives and grants to the magistrats and council of the said burgh, and their successors in office, for the behoove of the community of the same, the right and priviledge of keeping the said fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/159]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints a new fair to be holden yearly in all time comeing upon the twenty ninth day of July at the toun of Doning, in the shire of [...],† and belonging to Robert, lord Rollo; and gives and grants to him, his heirs and successors, the right and priviledge of keeping the said fair yearly for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all the other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/160]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints three fairs to be kept yearly in all time comeing, one thereof to begin on the last Tuesday of July, another to begin on the eighteenth day of October and the other to begin on the fourteenth day of April, and each of them to continue two dayes, and a weekly mercat on Tuesday, in all time comeing, at the Kirktoun of Muthill, in the steuartry of Strathern and shire of Perth, and belonging to John Drummond of Pitkellony; and gives and grants to the said John Drummond, his heirs and successors, the right and priviledge of keeping the said yearly fairs and weekly mercat for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/161]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize a weekly mercat on the day following at the toun of Ludquhairn, in the shire of Aberdeen, belonging to Alexander Forbes of Ludquhairn, do therefore, by thir presents, appoint a mercat to be kept weekly on Thursday, in all time comeing, at the toun of Ludquhairn abovementioned; and have given and granted and hereby give and grant to the said Alexander Forbes, his heirs and successors, the right and priviledge of keeping the said weekly mercat for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties and advantages used and wont to belong to any haveing the priviledge of keeping weekly mercats within this kingdom. Extract.
[1705/6/162]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that the changeing and altering to Wednesday a weekly mercat formerly appointed to be holden on Friday at the toun of Kincardine Oneill, in the shire of Aberdeen, belonging to Sir Robert Forbes, advocat, will tend much to the good and advantage of the inhabitants thereof, and to the ease and benefite of her majesties' other leidges dwelling near thereto, do therefore, at desire of the said Sir Robert Forbes, by thir presents, appoint a weekly mercat on Wednesday, in all time comeing, to be keept at the said toun of Kincardine Oneill, and that in place of the said mercat formerly holden there every Friday; and have given and granted and hereby give and grant to the said Sir Robert Forbes, his heirs and successors, the right and priviledge of keeping the said weekly mercat on the foresaid day for all kinds of merchandice, with all the tolls, customes and casualities thereof and all other liberties and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom. Extract.
[1705/6/163]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize two fairs yearly, on the dayes following, upon the lands and barony of Balquidrock, in the shire of Stirling, and belonging to John Murray of Touchaddam, do therefore, by thir presents, appoint two fairs yearly, one upon the first Tuesday of July and the other on the second Thursday of November, to be kept in all time comeing, upon the said lands and barony of Balquidrock; and have given and granted and hereby give and grant to the said John Murray, his heirs and successors, the right and priviledge of keeping the said yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantage used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
There was a protestation against the said fair of Balquidrock granted to the laird of Touchaddam, taken by the commissioner afternamed for the burgh of Stirling, who gave in the same in writeing of the tenor following.
I, Colonell John Erskine, lieutenant governour of the castle of Stirling, commissioner to the parliament for the burgh of Stirling, do, in name of the said burgh, protest against the fairs craved by John Murray of Touchaddam to be keeped within the barony of Balquidrock belonging to him, lying within two miles of the said burgh of Stirling, in respect the said burgh has an charter from King Charles the second bearing that his majesty, nor his successors, should not erect a burgh of barony or regality nor grant a priviledge of weekly mercats or yearly fairs within two miles of the said burgh, and upon the said charter the said toun has a decreet of declarator and, thereupon, I ask and take instruments, that the said burgh may not be prejudged of their rights and priviledges, in the hands of Sir James Murray of Philiphaugh, one of the senatours of the colledge of justice and lord clerk register, in witness whereof I have written and subscribed thir presents. At Edinburgh, the fourteenth of September, one thousand, seven hundred and five years. Sic subscribitur, Jo[hn] Erskine. And thereupon took instruments. Extract.
[1705/6/164]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize two yearly fairs, on the dayes following, to be kept at the burgh of barony of Glenluce, in the shire of Wigtoun, and belonging to John, earl of Stair, do therefore, by thir presents, appoint two new fairs to be kept and holden yearly, in all time comeing, one upon the third Tuesday of August and the other on the second Tuesday of October, at the said burgh of barony of Glenluce, without prejudice of the other fairs formerly appointed to be kept at the said burgh; and have given and granted and hereby give and grant to the said earl, his heirs and successors, the right and priviledge of keeping the said two new yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom, and also have allowed and hereby allow and impower the said earl, and his foresaids, to change the place of execution and gibbet from the abbay of Glenluce and to erect and continue the same near the tolbuith of the said burgh.
[1705/6/165]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize two fairs yearly, on the dayes following, at the Kirktoun of Weem, in the shire of Perth, belonging to Sir Alexander Meinzies of that ilk, and another fair yearly on the following day at the toun of Dull, in the said shire and belonging to the said Sir Alexander, do therefore, by thir presents, appoint two fairs to be kept yearly, in all time comeing, one upon the third Tuesday of January and the other upon the second Tuesday of October at the said Kirktoun of Weem, and another fair to be holden yearly in all time comeing upon the last Tuesday of May at the said toun of Dull; and have given and granted and hereby give and grant to the said Sir Alexander Meinzies, his heirs and successors, the right and priviledge of keeping the said yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/166]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties other leidges dwelling near thereto, and that it is very fit for these ends to authorize two fairs yearly, on the dayes following, at the Crosstoun of Aberlemno, in the shire of Forfar, and belonging to Sir Alexander Murray of Melgum, do therefore, by thir presents, appoint two fairs to be kept yearly, in all time comeing, one upon the first Tuesday of April and the other on the first Tuesday of September, at the said Crosstoun of Aberlemno; and have given and granted and hereby give and grant to the said Sir Alexander Murray, his heirs and successors, the right and priviledge of keeping the said yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/167]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize two fairs yearly, on the dayes following, at the toun of Lochgelly in the shire of Fyfe, and belonging to Mistress Grissell Kinninmonth of that ilk, do therefore, by thir presents, appoint two fairs, one on the third Tuesday of May and the other upon the third Tuesday of September, to be kept yearly, in all time comeing, at the said toun of Lochgellie; and have given and granted and hereby give and grant to the said Mistress Kinninmonth, her heirs and successors, and to Sir Alexander Murray of Melgum, her husband for his interest, the right and priviledge of keeping the said fairs yearly for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/168]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends two† authorize two yearly fairs and a weekly mercat, on the dayes following, to be kept upon the common green of Monzie, in the shire of [...],† and belonging to Patrick Campbell of Monzie, do therefore, by thir presents, appoint two fairs yearly to be kept, in all time comeing, one thereof to begin upon the first Tuesday of April, to be called [...], and the other to begin on the thirteenth day of October, to be called [...], and each of them to continue two dayes, and a weekly mercat to be holden, in all time comeing, on every Tuesday, upon the said common green of Monzie. And have given and granted and hereby give and grant to the said Patrick Campbell, his heirs and successors, the right and priviledge of keeping the said two yearly fairs and weekly mercat for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/169]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize four yearly fairs and a weekly mercat, on the dayes following, at the toun of Kilmachell† in Glassrie, lying in the shire of Argyll, and belonging to Sir James Campbell of Auchinbreck, do therefore, by thir presents, appoint four fairs to be kept yearly, in all time comeing, one thereof to begin on the fifeteenth day of May, another on the twenty second of July, another on Michaelmass day and the other to begin on the twentieth day of October, and each of them to continue two dayes, and a weekly mercat to be kept, in all time comeing, every Tuesday, at the said toun of Kilmichael in Glassrie; and have given and granted and hereby give and grant to the said Sir James Campbell, his heirs and successors, the right and priviledge of keeping the said yearly fairs and weekly mercat for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/170]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantadge of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that [it] is very fit for these ends to authorize four yearly fairs and a weekly mercat, on the dayes following, at the toun of East Tarbet, in the shire of Argyll, belonging to Archbald Mackalester of Tarbet, do therefore, by thir presents, appoint four fairs to be kept and holden yearly, in all time comeing, one thereof to begin upon the tenth day of May, another to begin on the sixteenth day of July, another to begin upon the nineteenth day of August, and the other to begin upon the sixteenth day of October, and each of them to continue two dayes, and a weekly mercat to be holden, in all time comeing, every Tuesday, at the said toun of East Tarbet; and have given and granted and hereby give and grant to the said Archbald Mackalester, his heirs and successors, the right and priviledge of keeping the said yearly fairs and weekly mercat for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and immunities and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
[1705/6/171]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize a weekly mercat and four yearly fairs, on the dayes following, at the East Craigs of Ogilface, lying within the paroch of Torphichen and shire of Linlithgow, and belonging to Alexander Livingstoun of Badlormie, do therefore, by thir presents, appoint a mercat to be keept and holden weekly on Tuesday, and four fairs yearly, in all time comeing, to be kept one upon the twelvth day of February, another on the eleventh day of June, another on the twenty second day of August and the other on the second day of November, at the said East Craigs of Ogilface; and have given and granted and hereby give and grant to the said Alexander Livingstoun, his heirs and successors, the right and priviledge of keeping the said weekly mercat and yearly fairs, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantadges used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom. Extract.
[1705/6/172]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantadge of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize two fairs yearly, on the dayes following, upon the lands of Swanford within the lands of Greens, in the parochine of Monquhetter and shire of Aberdeen, belonging to Sir Samuel Forbes of Foveran, do therefore, by thir presents, appoint two fairs, one upon the first day of July, to be called Saint Margaret's fair, and the other on the first Thursday of November, to be called William's fair, to be holden yearly, in all time comeing, upon the lands of Swanfoord foresaid; and have given and granted and hereby give and grant to the said Sir Samuel Forbes, his heirs and successors, the right and priviledge of keeping the said two yearly fairs for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantadges used and wont to belong to any haveing the right and priviledge of keeping fairs and mercats within this kingdom.
[1705/6/173]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and mercats in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesties' other leidges dwelling near thereto, and that it is very fit for these ends to authorize two fairs yearly, on the dayes following, and a weekly mercat in manner aftermentioned, at the toun of Dycke in the shire of Elgine and Forres, and belonging to James Broddie of that ilk, do therefore, by thir presents, appoint two fairs to be kept yearly, in all time comeing, one thereof to begin on the first Wednesday of May and the other to begin the third Wednesday of November, and each of them to continue two dayes, and a weekly mercat on Wednesday at the said toun of Dycke; and have given and granted and hereby give and grant to the said James Broddie, his heirs and successors, the right and priviledge of keeping the said yearly fairs and weekly mercat for all kinds of merchandice, with all the tolls, customes and casualities thereof, and all other liberties, priviledges and advantages used and wont to belong to any haveing the priviledge of keeping fairs and mercats within this kingdom.
Then the lord chancellour, by order of her majesties' high commissioner, adjourned the parliament till Tuesday next at ten a clock.