Acts of ratification in favours of several persons read and past and protestations taken against some of the saids acts.†
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[1706/10/369]*[print] [email] [cite] [preceding] [following]
Ratification† of a gift under the great seal† dated at Saint James's, the first day of December jM vijC and five years and granted by her majesty to John, duke of Argyll, his heirs male and of tailyie contained in his rights and infeftments, approving all the rights in favours of him and his predecessors of the office of great master of houshold and other heretable offices within this kingdom belonging to him, and disponing to him during his life as a pension and sallary for the said offices the feu, blench, teind, taxtward, tack and other duties, rents and casualties whatsoever payable to her majesty for her self, and as come in place of the prince and stewart of Scotland furth of the dukedom, marquisat, earldom, lordship and barony of Argyll, and all other lands, mills, heretable offices and others whatsoever which pertained to the deceased duke and earl of Argyll, his father and grandfather, and are now possessed by him and contained in the reddendoes of their charters and other rights, excepting the rents, teind duties and other casualties used to be paid to the bishops out of the said lands and baronies and that for cropt jM vijC and four and thereafter during the life of the said duke, reserving to her majesty power to revock the said gift, which revocation is only to take place after the date thereof. Extract.†
[1706/10/370]*[print] [email] [cite] [preceding] [following]
Att Edinburgh, 21st day of March, 1707 years, our soveraign lady, with the special advyce and consent of the estates of parliament, ratifies and approves a confirmation of ane new tack under the privie seal of the kingdome of Scotland granted by her majestie, with consent of her thesaury and exchequer, to Alexander, earl of Kellie of the following tenour. Ann, by the grace of God, queen of Great Brittain, France and Ireland, defender of the faith, forasmuch as wee, considering the constant loyalty and firm affection of Alexander, earl of Kelly and his predicessors, to us and our royal antecessors, and the many sufferings and great losses susteand by them for their firm adherence to our royal interest in the worst of tymes, therfore wit ye us to have ratified and approven, and for us and our successors perpetualy confirmed, lykeas wee ratifie and approve, and for us and our successors perpetualy confirm, ane tack set by the deceast King Charles, of blissed memorie, under the privie seal of the date the 28 day of August, 1660 years, in favours of the now deceast Alexander, earl of Kellie, father to the said Alexander, now earl of Kellie, his airs and assignays, of all and haill the mails, fermes, few dueties, found deuties, kaynes, customes, casualities, services and others due and payable to us furth of the lands of Kings barns, lyeing within the parochine of Kings barns and sherifdome of Fyfe, by the heretors, tennents and possessors thereof, and which tack was for the space of 3 nyntein years after the deceis of Sir James Scot of Rossie, then taxsman of the same, and that in the haill heads, clauses and articles thereof, and for all the space, years and termes of the samen yet to run. And further wee, with consent of the lords commissioners of our thesaury and exchequer, have given, granted and in tack and assedation lettin and be the tenour hereof, off new gives, grants and in tack and assedation letts to the said Alexander, now earl of Kellie, his airs or assigneys whatsoever, the said haill mails, fermes, few deuties, fund deuties, kayns, customes, casualities, services and others due and payable to us furth of the said lands of Kingsbarns lyeing in manner forsaid, by the heretors, tennents and possessors thereof, and that for all the dayes, years and space of 3 nyntein years nixt and immediatly after the said Alexander, earl of Kellie his entry thereto, which is hereby declared to be and begin at the nixt terme of payment of the said deuties immediatly following the expiration of the former tack set by the said deceast King Charles the second to the said deceast Alexander, earl of Kellie, his father, and from thence furth to continow ay and while the said three nyntein years be fully and compleatly outrun, with power to the said Alexander, earl of Kellie, and his forsaids to ask, crave, receive and uplift the said duties from the persons addebted in payment thereof, to give acquittances and discharges thereupon which shall be as valid and sufficient to the receivers as if the same were given by us with consent of our said commissioners of our thesaury and exchequer, and to call and pursue therefore sicklike and as freely as any other tacksman within our said kingdom of Scotland. And we recommend to the lords of council and session to grant letters of horning on a charge of six days, commanding the persons addebted in payment to answer and obey the said Alexander, earl of Kellie, and his foresaids, and to make ready payment to them of the said duties, the said Alexander, earl of Kellie and his forsaids paying yearly to us and our successors, or to the lords commissioners of our thesaury and exchequer receivers of our rents, the sum of twenty pounds Scots money, being the old tack duty formerly paid by the said umquhill Sir James Scott of Rossie, and by the deceast Alexander, earl of Kellie and by himself, and that at two termes in the year Whitsunday and Martinmass by equal portions during the haill space of the present tack. Given under our privy seal at our court at Windsor Castle, the twentieth and fifth day of August, one thousand, seven hundred and two, and of our reign the first year. Written to the privy seal and registrat the third day of April, 1703. Sic subscribitur Ja[mes] Douglas. Sealed at Edinburgh, the seventh day of April, 1703. Sic subscribitur Pat[rick] Scott. In the haill heads, articles and clauses thereof. And her majestie, with consent foresaid, wills and grants and, for her and her royal successors, statutes, ordains and declares that the foresaid confirmation and new tack shall be in the termes thereof a good and valid ryght so far as concerns her majesties' interest to the said Alexander, earl of Kellie and his foresaids, for possessing and enjoying in the termes thereof and dureing the tyme thereinmentioned, the abovementioned mails, ferms, few deuties, fund deuties, kaynes, customes, casualities, services and others thereby sett, and that the same shall never be revocked nor quarrelled by her majestie or her foresaids, dispenceing hereby with all defects or imperfections, if any bee, of the said confirmation and tack and of this ratification of the samen. Extracted.
[1706/10/371]*[print] [email] [cite] [preceding] [following]
[1706/10/372]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, with the speciall advice and consent of the estates of parliament, ratifys, approves and perpetually confirms a chartar under the great seall of the kingdom of Scotland of the date at St James's, the 19th day of January, 1706 years, granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer of the said kingdom, and proceeding on the resignation of Robert, lord Colvill and the deceased Sir David Barclay of Cullearnie respective, in favours of the said Robert, lord Colvill and the heirs male of his body, which failyieing to the heirs female of his body, the eldest heir female always succeeding without division, which failyieing to any other person or persons to be named and appointed by a write under his hand at any time in his life, even on deathbed, with and under the conditions, provisions, reservations, failyies and irritant clauses to be therein contained, which are holden for repeated in the said chartar, and failyieing of such destination to Dam Margaret Colvill, lady Aytoun, sister of the said Robert, lord Colvill, and the heirs male of her body, which failyieing to the heirs female of her body, the eldest heir female allways succeeding without division, which failyieing to the nearest and lawfull heirs and assigneys whatsoever of the said Robert, lord Colvill, heretably and irredeemably without any reversion, redemption or regress, and under the provisions, conditions and irritant clauses after specified, which are particularly condescended upon and exprest in the said chartar abovementioned, of all and haill the lands and barrony of Cleish, comprehending therein the lands and others underwritten viz. The lands of Middle Cleishe, Wester Cleish and Dollilands thereof; the lands of Haltoun of Cleish, with tower, fortalice and parks of the same [and] the lands of Borelands of Cleish, Nivingston easter and wester, with the mill and millands of Cleish and Brewstead thereof, tennents, tennendries and service of free tennents, dependencies and haill pertinents of the said lands. All and haill the lands of Blair of Crambeth and pertinents thereof, and all and haill ane yearly annualrent of ten merks, ten shilling and eight pennys Scots money to be uplifted furth of the said lands of Crambeth. All and haill the lands of Blackfawling, with woods thereof and haill pertinents of the same [and] all lying in the sherrifdom of Kinross and united, erected and incorporated in ane haill and free barrony called the barrony of Cleish. And also all and haill the lands of Dunduff, with houses, biggings, yeards, tofts, crofts, outsetts, annexis, connexis, dependencies, parts, pendicles and pertinents thereof whatsoever, lying within the parochin of Dumfermling, regality thereof and sherrifdom of Fyffe. All and haill the lands of Outh, with houses, biggings, yeards, tofts, crofts, coall and coallheugh, annexis, connexis, outsetts, parts, pendicles and pertinents, with the loch called Lochglo, and all other loches, fishings, muires, marishes and pertinents thereof whatsoever lying within the said parochin and regality of Dumfermling and sherrifdom of Fyfe. All and haill the lands of Lethalmond, with houses, biggings, yeards, tofts, crofts, outsets, annexes, connexes, dependences, parts, pendicles and pertinents, lying within the said parochin and regality of Dumfermling and sherrifdom of Fyfe forsaid. All and haill the lands of North Lethlands, with houses, biggings, yeards, tofts, crofts and haill pertinents thereof whatsoever, lying in the said parochin and regality of Dumfermling and sherrifdom of Fyfe forsaid. And sicklike all and haill the lands of Over and Neither Auchlanskyes, with houses, biggings, tofts, crofts, outsets, parts, pendicles and haill pertinents, lying within the stewartry of Strathern and sherrifdom of Perth. And also all and haill the half of the lands of Kinnaird with houses, biggings, yeards, tofts, crofts, parts, pendicles and pertinents of the same whatsoever, lying of old within the barrony of Cullairnie and sherrifdom of Fyfe forsaid, and now by annexation within the sherrifdome of Kinross. Providing that if daughters or heirs female shall happen to succeed to the said estate and fortune, in that case the eldest daughter, or heir female, shall succeed thereto without division and the said daughters or heirs female so succeeding shall be oblidged to be marryed to a gentleman of the name of Colvill, or of any other sirname agreeable to their rank and degree, and the heirs of tailyie above mentioned, as well male as female and the husbands of the heirs female succeeding to the said lands and estate, shall be bound and oblidged to assume, keep and retain the sirname of Colvill, and to use and bear the name and arms of the family of Colvill, declaring allways, likeas by the said chartar, it is specially provided and declared that if the heirs of tailyie above mentioned shall not happen to be married as is above provided, and shall not assume and retain the said name and arms of the Lord Colvill, in that case the person so contraveining shall for themselves only, without prejudice of the other heirs included in the said tailyie, shall lose and amit their right of succession to the said lands and estate, and the infeftments and other rights in their persons shall ipso facto from thenceforth be void, null and extinct by way of exception or reply, without any declarator to follow thereon. And it shall be lawfull to the next heir of tailyie existing for the time, who is appointed to succeed to the said lands and estate by virtue of the tailyie and substitution above mentioned, to succeed or obtain themselves served and retoured heirs in speciall in the saids lands to those who were last vest and seased therein before the contraveener, and to procure themselves infeft thereon, or to obtain the right of the said land established any otherways as accords in their persons and in the persons of the other heirs of tailyie above mentioned, and to be noways subject and lyable to the debts or deeds of the contraveeners as is fully expressed in the said chartar, whereby her majesty, with consent foresaid, has given and disponed to the said Robert, lord Colvill, and the heirs male to be procreat of his body, which failyieing to the [...]†
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[1706/10/374]*[print] [email] [cite] [preceding] [following]
[1706/10/375]*[print] [email] [cite] [preceding] [following]
[1706/10/376]*[print] [email] [cite] [preceding] [following]
Att Edinburgh, the twenty first day of March, one thousand, seven hundred and seven years. Our soveraign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetualy confirmes two charters under the great seall of this kingdom granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer for the time, to Mr Roderick MacKenzie of Prestounhall, one of the senators of the colledge of justice, his heirs and assigneys heretably, of the lands, lordship and barony of Lovat, lands of Bewfort, lands and barony of Bewly and others therein mentioned, lying in the shire of Inverness, one of the which charters is of the date at St James's, the twenty fourth of February jM vijC and three years, proceeding on the apprysing therein specified at the instance of umquhill Alexander Brand of Babertoun against Hugh, lord Fraser of Lovat, and upon the conveyance and resignation therein specified of Alexander Brand, now of Babertoun, oye and air served and retoured to the said deceast Alexander Brand of Babertoun, his grandfather, in favours of the said Mr Roderick, which, with the other rights therein mentioned, are therby confirmed and containing a new gift of the said haill lands, and of the office of constabulary of the palace and principall messuage of the priory of Bewlie and office of bailiary of the said barony of Bewlie, and ane union of the haill in one barony called the barony of Lovat, to be holden of her majesty for payment of the severall duties mentioned in the said charter, by which the ward, nonentry, releef and marriage, when falling for the old barony of Lovat, are taxed to and assigned for payment of the respective sums therein specified, viz. the sum of one hundred merks Scots yearly during the ward and nonentry or either of them with the like sum for the relief and 500 merks for the marriage of the heir or heirs, and the heirs are allowed to be entered, notwithstanding of their minority. And the other of the which charters is dated at St James's, the seventeenth day of Aprile, one thousand, seven hundred and four years, to the said Mr Roderick MacKenzie and his forsaids, heretably and irredeemably, proceeding on his own resignation and containing a confirmation of all his former rights granted to him, his predecessors, cedents and authors, of the lands and others forsaids, all therby erected in a regality called the regality of Lovat, with chappell and chancellary, right of justiciary, escheats of the inhabitants and other priviledges, immunities, offices and jurisdictions, all holden as repeated herein, ordaining the burgh of Bewlie or Frazerdale to be the head burgh therof, and to be called the burgh of regality of Lovat, and allowing mercats to be kept thereat and one sasine at the manour place of Lovat, or any part of the said lands, to be sufficient for the said haill regality, burgh offices and others therein mentioned to be holden of her majesty, for payment of the severall few, blench and taxt ward duties expressed in the said charter, together with the precepts of sasine contained in the said two charters and instruments of sasine theron, in the haill heads, articles and clauses therof. And her majesty, with consent forsaid, wills and grants and, for her and her royall successors, statutes, ordaines and declares that the saids charters, precepts and sasines shall be good, valid and sufficient rights conforme to the tenors thereof to the said Mr Roderick MacKenzie of Prestonhall and his forsaids for possessing and enjoying in the terms thereof, without any stop or impediment soe farr as concernes the interest of her majesty or her successors, the lands, baronies, regalitie, offices and others respective abovewritten, and that the same shall never be quarrelled or revocked by her majesty or her said successors, and also that this present ratification shall be to all intents as sufficient as if every word of the forsaids charters, precepts and sasines were insert herein, with the not inserting wherof, and with all other defects and imperfections that may or can be objected against the validity therof, and of this present ratification of the same, her majesty, with consent forsaid, for her and her saids successors, has dispensed and hereby dispenses for ever; excepting and reserving furth of the said ratification and rights therby ratified and regality abovementioned the lands of Kirktoun of Inchberry holden by the said Mr Roderick of the duke of Argyle, with the said duke of Argyle his heretable office of justiciary generall within the same, which with his right of superiority of the saids lands shall be as intire to him and his successors as if the said rights and this ratification had never been made nor granted. Extracted furth of the records of parliament by me Sir James Murray of Philiphaugh, one of the senators of the colledge of justice, clerk to the parliament and to her majesties' councils, registers and rolls.
[1706/10/377]*[print] [email] [cite] [preceding] [following]
[1706/10/378]*[print] [email] [cite] [preceding] [following]
Our soveraigne lady the queen's majestie, with the speciall advice and consent of the estates of parliament, ratifies, approves and perpetually confirmes ane charter under the great seall of this kingdome containing precept of seasine of the date at Windsoir Castle, the last day of July, jM vijC and six years, granted be her majestie, with consent of the lords and others commissioners of her majesties' thesaurie and exchequer, and proceeding on the resignations of John, earl of Lauderdale and Sir Robert Dickson of Carberry, to and in favours of Sir William Sharp of Staniehill, knight and barronet, and his aires and assignies whatsumever heretablie and irredeemablie, off all and haill the lands of Stoniehill, with the manner place, houses, biggings, yairds, orchyairds, parks, tofts, crofts, coalls, coall heughs, cunnings, cunningares, doves, dovecots, annexis, connexis, dependences, pairts, pendicles and pertinents of the samen whatsumever. As also of all and haill the lands called Hutchon croft, land [and] bank and Thomas Aiker, and pertinents thereof; and sicklyke of all and haill the sixtein oxengate of land of Monktounhall, with the houses, biggings, yairds, tofts, crofts, coalls, coallheughs, pairts, pendicles and pertinents of the samen whatsumever, together with all other tenements, houses, biggings, yairds, orchyairds, barnes, byres, stables, lying in and about the toune of Monktounhall, which formerly pertained heretablie to the deceast Robert Dobie of Stoniehill, and thereafter to Robert Dobie his sone and air, who and their tennents were in possessione thereof, whatsumever name or designatione the same be of, and but prejudice of the said generality, the houses, tenements, yairds and others in Monktounhall which sometyme pertained to Thomas Abernethie, Cornelius Neilsone and Robert King, and which were be them resigned ad perpetuam remanentiam in the hands of the deceast Robert Dobie, superior therof. And sicklyke of all and haill these four oxengate of land and ane half oxgate of the toune and land of Monktounhall, with the houses, biggings, coalls, coall heughs, dovcots, kilnes, yairds, pasturadges, pairts, pendicles and haill pertinents thereof, sometyme pertaining to the deceast John Cass, wryter and clerk of the lordship of Musleburgh, and possessed be him and his predecessors past memory of man, and thereafter be William Smith, clerk to the forsaid lordship of Mussilburgh, and Margaret Cass his spouse, and thereafter be William Smith, his eldest lawfull sone and aire to his said father, and Mr Robert Smith, brother and aire to the said William Smith, younger, and thereafter belonging to the deceast Sir William Sharp and his spouse, conquised and acquired be them from the said deceast William Smith, younger and Mr Robert Smith, his brother and aire, be vertue of the divers rights and securities made and granted be them with consent of the persons therein mentioned in favours of the said deceast Sir William Sharp and his spouse, all boundit and limited as is therein contained, together with the teynd shaves and personadge teynds of all and sundry the forsaids haill lands and others particularly abovementioned, except the lands of the forsaid four oxengate and ane half of the saids toune and lands of Monktounhall, with the pertinents thereof respectiive above-written, to be henceforth unite and annexed to the saids lands to remaine inseperable therewith in all tyme comeing, and of all and haill the coall and coall heughs of all and sundry the saids lands and toune of Monktounhall, not sett in few ferme before the granting of ane charter be Patrick Master of Gray, commendator of Dumfermline and convent thereof, in favours of umquhill James Richardsone of Smeatoune, and his spouse and longest liver of them two, and to umquhill Sir James Richardsone, their eldest lawfull sone [...] to Sir James Richardsone, now of Smeatoune, of the foresaids coalls and coallheughs and others therein contained, daited the seventh and nynth dayes of May, jM vjC and eightie six years, all lying of old within the regality of Dumfermline, thereafter within the said lordship, barronie and regality of Musselburgh and earledom of Lauderdale, and now lying within the paroch of Inuerask and sherifdome of Edinburgh, with the superiority of the saids haill lands, together with all liberties and priviledges, of ane free regality with free chappell and chancellary for directing and serving of breives, and with full power of holding justice courts and justice airs and administrating of justice within the haill bounds of the lands and others above mentioned, heirby disponed or any pairt thereof, and to repledge the tennents, vassals and inhabitants of the said lands, who shall happen to be conveened and pursued before any other judge, and to bring them back to the jurisdictione of the said regality in respect that the vassalls and inhabitants of the saids lands present and to come are exeemed from the judgment and jurisdictione of the sheriff of the shire, and all others judges within the said kingdome, alse well in actiones civill as criminall, (except the four pleas of the croune) sicklyke and alse freely in all respects as any other inhabitants of any other regality within this kingdome are or were exonered of before, with the power of makeing and creating baillies and justiciarie deputes, clerks, serjants, dempsters and other members of court needfull and puneshing of transgressours and uplifting of the fines, escheits, bloodwits of the courts and applying thereof to their oun use and of poynding and distrenyieing therfor, and of doeing all other things, and enjoy and use all other priviledges and immunities which did belong or knowen to belong to any free regality within this kingdome, and all other rights and priviledges of the same contained in the charters and infeftments thereof granted to John, earle of Lauderdale and his predecessors, and whereunto he or any of the persones mentioned in the dispositione granted be him, with their consent, to the said Sir William Sharp, had right within the bounds of the foresaids lands therby disponed, and that without prejudice to the said Sir William Sharp and his forsaids off any former power or jurisdictione of holding of courts and administrating of justice, conforme to the prior charters and infeftments granted to him and his predecessors and authors of the saids lands, so that it shall be alwayes leisome and lawfull to him and his heirs and successors to make use of both or any ane of the saids jurisdictiones, the ane without prejudice of the other, and without any confusione of the saids jurisdictiones sed accumulando jura juribus, together with all other right of superiority or property, title, interest, clame of right, possessione, petitor and possessor, which the saids earle of Lauderdale and Sir Robert Dicksone of Carberrie, or either of them, their predecessors, cedents and authors, had, have or any wayes may clame and pretend to any of the forsaids lands, superiority or property, few and teynd dewties and services thereof, jurisdictiones, priviledges, heretable offices and others within the samen and pertaining and belonging to the said lands, or to any pairt or portione thereof, in all tyme comeing, without prejudice alwayes to the said Sir Robert Dicksone, and his heires and successors, of the priviledge of regality and justiciary as to all the rest of the lands and lordship of Musselburgh not disponed be the said earle of Lauderdale, with consent of the said Sir Robert Dicksone to the said Sir William Sharp. And the said Sir William Sharp and his forsaids being alwayes lyabell to augmentationes of stipends for the haill teynds of the lands above written disponed to him (if any shall happen) effeirand to his valuatione with the rest of the heritors of the parroch. And sicklyke the said Sir William Sharp, and his forsaids, their tennents and possessors of the saids lands disponed present and to come, being alwayes subject and lyabell, not only in thirladge of such of the saids haill lands and others above written disponed to him as shall be possessed be them to the milnes of Musselburgh as formerly, but also subject and lyabell to the said Sir Robert Dicksone his courts of the said lordship and regality of Musselburgh for abstracted multures, but expressly provyding that the said Sir William Sharp and his heires and successors, heretors of the saids lands and the tennents and possessors thereof present and to come, shall be altogether freed and exeimed from the said Sir Robert his courts, except alenarly for abstracted multures in manner above written. By which charter her majesty, with consent foresaid, of new gives, grants and dispones to the said Sir William Sharp and his foresaids, heretably and irredeemably, the forsaids haill lands, maner place, houses, biggings, tenements, aikers, crofts, coalls, coallheughs, superiority, teynds, few and teynd dewties, right and priviledge of regality and justiciary, free chappell and chancellary and haill other priviledges, offices, immunities and others respective above written disponed to the said Sir William Sharp, with all other pairts, pendicles and pertinents thereof, or any pairt or portion [of the samen], together with all right, title, interest, clame of right, property and possessione, petitor and possessor, which her majestie, her predecessors or successors had, has or any wayes may have clame or pretend thereto, or to any pairt therof in manner and for the reasones and causes therein expressed, and decernes and ordaines that ane seasine now to be taken be the said Sir William Sharp and be his forsaids, in all tyme comeing, at the maner place of Stoniehill be delivery of earth and staine alenarly shall stand and be ane sufficient seasine to them for all and sundry the foresaids haill lands, houses, biggings, tenements, superiority, teynds, few and teynd dewties, right and priviledge of regality and justiciarie, free chappell and chancellary and haill other priviledges, immunities, offices and others respective above written, with all their pairts, pendicles and pertinents disponed to the said Sir William Sharp, lyand in maner respectiive above-written, notwithstanding the samen ly discontigue and be of severall boundings and designationes. Whereanent, and with all that may follow thereupon, her majestie, for her and her successors, with consent forsaid, has dispensed for ever, to be holden of our said soveraigne lady the queen's majestie and her royall successors in free regality and justiciarie, free chapell and chancellary, free blench fie and heretadge for ever, for payment of ane penny Scots money upon the ground of the saids lands at the feast of Whitsunday [15 May] yearly in name of blench ferme if it beis asked alenarly, and paying to the minister serving the cure at the kirk of Inveresk, present and to come, ane proportionall pairt of the locall modified stypend dew and payable furth of the teynds of the saids lands, effeiring and corresponding thereto alenarly, for all other burdens, together also with the precept of seasine therein contained and instrument of seasine following or to follow therupon, in the haill heads, clauses, articles [and] conditiones of the samen charter, precept and seasine. And her majestie, with consent foresaid, wills and grants and, for her and her royal successors, decerns, ordains and declares that the said charter, precept and seasine shall be conform to the tenors thereof good and sufficient rights to the said Sir William Sharp and his foresaids for their possessing and enjoying, in the terms thereof, the foresaid lands, right of regality and justiciary and others above mentioned in all time coming, and that the same shall never be quarrelled or revocked by her majesty or her foresaids, and also that this present ratificatione is and shall be alse valid, effectuall and sufficient to the said Sir William Sharp and his forsaids as if the said charter, precept of seasine contained therein and instrument of seasine following or to follow thereupon were herein expressly de verbo in verbum insert and ingrossed. Wheranent, and with all other exceptiones or objectiones that may be moved proponed or alleadged against the validity of this present ratificatione and rights hereby ratified, her majesty, with consent foresaid, has dispensed and heirby dispenses for ever. Extracted fourth of the records of parliament be me [...].
[1706/10/379]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the tuenty first day of March, one thousand, seven hundred and seven years. Our soveraigne lady, with advyce and consent of the estates of parliament, ratifies, approves and perpetually confirms a gift and commission under the great seall of the dait att Saint James's, the tuenty nynth day of January, jM vijC and three years, granted by her majesty, with consent of the lords and others commissioners of her majesties' thesaury and exchequer for the tyme, to Sir Alexander Erskine of Cambo and Alexander Erskine, his eldest lawfull sone, whereby the former gift of the office of lyon king of arms is confirmed to the said Sir Alexander during his life, and he and his said sone and longest liver of them are of new made during their lifetymes joint lyons kings of arms, and the names of lyon king of arms, with the haill priviledges and casualities thereof, are given to them both, and the said Alexander Erskine is ordained to execute the said office either with his father or by himselfe, as his said father shall judge fitt, and the power of prescribing ensignes armoriall to virtuous persons is granted to them both, and also ane hundered pound sterling of fee and sallary yearly is given to the said Sir Alexander, during his life and after his death to his said sone, to continue during their lifetymes respective and successive, suspending alwayes the crowning of the said Alexander Erskine as lyon king of arms so long as his father is alyve, in the haill heads and clauses of the said gift and commission. And her majesty, with consent forsaid, statuts and ordains the forsaid gift and commission to be conform to the tenor thereof a good and sufficient right and title to the said Sir Alexander Erskine and Alexander Erskine, his sone, during their life tymes and longest liver of them two, for possessing and enjoyeing in manner forsaid the above mentioned office of lyon king of arms, with the haill priveledges and casualities thereof and fee or sallary above written, during the space above mentioned, and that the same shall not be revocked or quarrelled by her majesty or her successors, and that this present ratification shall be alse sufficient to all intents as if every word of the said gift and commission were inserted herein. Whereanent, and with all other defects and imperfections that may or can be proponed against the validity of the said gift and commission, or of this present ratification of the same, her majesty, with consent forsaid, does hereby dispense for ever. Extracted forth of the records of parliament keepit in the lower parliament house by me [...]
[1706/10/380]*[print] [email] [cite] [preceding] [following]
[1706/10/381]*[print] [email] [cite] [preceding] [following]
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[1706/10/384]*[print] [email] [cite] [preceding] [following]
[1706/10/385]*[print] [email] [cite] [preceding] [following]
[1706/10/386]*[print] [email] [cite] [preceding] [following]
[1706/10/387]*[print] [email] [cite] [preceding] [following]
[1706/10/388]*[print] [email] [cite] [preceding] [following]
Att Edinburgh, the 21st day of March, 1707. Our soveraign lady, with the speciall advice and consent of the estates of parliament, ratifies, approves and confirms the signature under her majesties' royall hand, with the discharge, gift and disposition thereon under her majesties' privy seal, in favours of Charles, earl of Hoptoun, his heirs and successors, the tenor of which discharge, gift and disposition under her majesties' privy seal follows.
Ann, by the grace of God, queen of Great Britain, France and Ireland, defender of the faith. Forasmuch as we taking into our royal consideration the many great and eminent services done and performed by Charles, earl of Hopetoun and his predecessors to us and our royal predecessors, and specially the great benefit and improvement that has arisen to our antient kingdom of Scotland by the said Charles, earl of Hopetoun and his predecessors, their searching out, working and winning of lead and lead ore, and other mines, metals and minerals at his mines at Hoptoun, alias Leadhills, with great hazard and charges, as well in the first tryal and search of the samen as in the prosecution thereof. And we, considering that by the said Charles, earl of Hoptoun and his predecessors their rights and infeftments there is payable to us and our successors the tenth of all ore which shall happen to be win and wrought out of the saids mines and minerals, or the sum of one thousand merks Scots money in lieu and place thereof at the option and election of the said Charles, earl of Hopetoun and his forsaids in manner fully expressed in their saids rights and infeftments, and we being willing to give all due encouragement to the said Charles, earl of Hopetoun, his heirs and successors, to prosecute and carry on the saids lead works and others which do so evidently tend to the common benefit and improvement of the nation by constant employment of workmen in all the saids mines, and of the country people in the carriage, and of seamen and shipping in transporting of the samen to forreign countries, therefor, and as a token of our good will, witt ye us not only to have exonered and discharged, likeas we, by thir presents, with the speciall advice and consent of the lords and others commissioners of our thesaury and exchequer, exoner, quitclaim and simpliciter discharge the said Charles, earl of Hoptoun, his heirs and successors, of the forsaid tenth of ore or one thousand merks money forsaid in lieu and place thereof yearly payable to us and our royal predecessors, in manner above-mentioned, and that of all years and terms bygone resting unpaid at or preceeding the term of Martinmas last bypast in this present year of God, one thousand, seven hundred and six years, but also to have given, granted and disponed, likeas we, by these presents, for the causes forsaid, of our certain knowledge and proper motive, with advice and consent forsaid, give, grant and dispone to the said Charles, earl of Hoptoun, his heirs and successors, the forsaid tenth of the ore yearly or one thousand merks money foresaid, in lieu and place thereof, payable in manner above mentioned, and that for and during the haill space of three nineteen years next and immediately following the said term of Whitsunday last bypast, in the year of God, one thousand, seven hundred and six years, with full power to them during the space forsaid to possess, bruick and enjoy the said tenth of the ore or one thousand merks money forsaid, in lieu and place thereof, and the samen to their own proper use and behoof to convert and apply freely quietly, but any molestation or impediment whatsomever, hereby expressly inhibiting and discharging the lords and others commissioners of our thesaurie and exchequer, our advocat, sollicitors, general receivers and others whom it effeirs to charge, molest or trouble the said Charles, earl of Hopetoun and his forsaids for and upon account of the premisses during the space abovewritten, in any sort. Given under our privy seal at our court at Kensingtoun, the thirtieth day of October, and of our reign the fifth year 1706. Per signaturam manu S.D.N. Reginae suprascriptum. Written to the privy seal and registrate the eighteenth day of March, 1707.
Signed Will[iam] Alves, deput. Sealed at Edinburgh, the eighteen day of March, 1707. Signed Will[iam] Alves.
In all and sundry the heads, points, articles and clauses thereof. And her majestie, with consent forsaid, statutes and ordains the forsaid discharge, gift and disposition to be conform to the tenor thereof a good and sufficient right to the said Charles, earl of Hopetoun and his forsaids during the space therein mentioned, dispencing hereby with all defects and imperfections of the said discharge, gift and disposition and this present ratification of the same.
[1706/10/389]*[print] [email] [cite] [preceding] [following]
Att Edinburgh, the twenty first day of March, one thousand, seven hundred and seven years. Our soveraigne lady the queen's majestie, with special advice and consent of the estates of parliament, have ratefied and approven, and heirby ratifies, approves and perpetually confirmes, ane chartor under the great seall of the date at Kensingtoun, the 28 of June, 1707, containing precept of seasine therein granted be the deceast King William, her majesties' royall brother of ever blessed memory, with consent of the lords and other commissioners of his thesaury and exchequer for the time, to David French of Frenchland, therin designed wryter in Edinburgh, and his aires and assignies whatsomever heretablie and irredeemablie, with and under the reservatione therein specified, off all and haill the toune and lands of Frenchland, with the tower, fortalice, manner place and milne therof, together with the houses, biggings, yairds, orchyairds, mylnelands, multures, sequells, woods, fishings, mosses, muirs, meadows, tofts, crofts, outsetts, insetts, annexis, connexis, dependencies, pairts, pendicles and haill pertinents of the samen whatsomever, lyand within the stewartrie of Annandale and shirifdome of Drumfreis, proceeding upon the resignatione of Rodger French of Frenchland in favours of the said David French and his forsaid as assignie constitute be Robert French, brother german to the said Rodger, to the dispositione and procuratory of resignatione contained therin of the forsaids lands granted be the said Rodger French to the said Robert French, his brother, as also proceeding upon ane adjudicatione of the forsaids lands and others above written obtained at the instance of the said David French before the lords of councill and sessione against Margaret French, only lawfull daughter to umquhill Thomas French, eldest lawfull sone to umquhill William French, portioner of Moffat, as lawfully charged to enter aire in speciall to the saids umquhill Thomas French, her father, and William French, her goodsir, and to umquhill David French, portioner of Moffat, her grandsir, and umquhill [...] French, lawfull daughter to umquhill Robert French of Frenchland, her grand mother, and to umquhill Adam French of Frenchland, her grand uncle, and to Robert French of Frenchland, her great grandsir, and umquhill Robert French of Frenchland, her great grandsir's father, or to ane or other of the saids persones who died last, vest and seased as of fie in the lands and others above written, with the teynds and pertinents therof, and against James Hendersone, taylior in Moffat, husband to the said Margaret French for his interest, and all others haveing or pretending to have interest. By which charter her majestie has not only confirmed and approven all and whatsomever wrytes, evidents, rights and securities of the saids lands, mylne, milnelands and others above written granted to the said David French, and his forsaids and their predecessors and authors, be whatsomever persone or persones, dispensing with the generality of the said confirmatione, but also of new disponed the saids haill lands, mylne, mylnelands, multures and others above mentioned, with the pertinents, with all right his majestie or his royall successors had or might pretend thereto, and dispensed for takeing seasine at the manner place of Frenchland or upon the ground of any other pairt of the ground of the saids lands for the whole, in all tyme therefter to be holden of his majestie and his royall successors in fie and heretadge for ever for payment of the rights and services used and wont and in place thereof, the soume of ane hundreth merks Scots money yearly at two termes in the year Whitsunday [15 May] and Martimes [11 November] be equall portiones during the haill space of the ward and nonentry, alsemuch for the releiff therof, and of the soume of two hundreth merks money forsaid for the marriage of the aire or aires ane or mae, when and how oft soever the samen shall happen to fall, for payment of which respective sums his said majestie was gratiously pleased, be the said chartor, to dispone the said duties of ward, nonentry, relief and marriage when falling, and to dispense with the entering and infefting of the aires therto, notwithstanding of their minority, as is mentioned in the said charter, whereby his said majestie promised to ratifie the said charter and infeftment in favours of the said David French and his forsaids in the then current or next parliament and required the estates of parliament to ratifie the samen accordingly, together with the precept of seasine contained in the said charter and instrument of seasine following thereupon, in the haill heads, clauses, obleidgments, conditiones, tenors and contents thereof. And her majestie and the estates of parliament forsaid statutes, decernes and ordaines that the foresaid charter, precept and seasine are and shall be, conform to the tenors of the same, good, valid and sufficient rights to the said David French and his forsaids for possessing in the terms thereof the lands and others above written without stopt or impediment so far as concerns her majesties' interest, and that the same shall never be quarrelled or revocked by her majesty or her successors, and that this generall ratificatione shall be alse valid, effectuall and sufficient to the said David French and his forsaids as if the said charter containing the said precept of seasine and instrument of seasine following thereupon above ratified, were herein de verbo in verbum at length insert and ingrossed. Whereanent, and with all other exceptiones or objectiones that may be moved, proponed or alleadged against the validity thereof and of this said ratificatione of the same, her majestie and estates of parliament forsaid have dispensed and heirby dispenses for ever. Extracted furth of the records of parliament.
[1706/10/390]*[print] [email] [cite] [preceding] [following]
[1706/10/391]*[print] [email] [cite] [preceding] [following]
[1706/10/392]*[print] [email] [cite] [preceding] [following]
[1706/10/393]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the twenty first day of March, 1707 years. Our soveraign lady, with the speciall advice and consent of the estates of parliament, ratifys, approves and perpetually confirms a charter under her majestys great seall of this kingdom of the date at Windsore Castle, the 5th day of August, 1706 years, granted by her majesty, with consent of the lords and others commissioners of her theasury and exchequer for the tym, to James, marques of Montrose etc. in lyfrent and David, lord Graham, his son, in fee and to the heirs male of his body, which failyieing to the other heirs male and of tailyie and heirs and assigneys whatsoever of the said marques, under the provisions, conditions and irritancys therein mentioned, heretably and irredeemably, of the honour, title and dignity of marques of Montrose, earle of Kincardin, Lord Graham and Mugdock, and of the marquissat, earldom, lordship and regality of Montrose, barony of Buchannan, earldome and regality of Monteith, dukedom, earldom and regality of Lennox, earldom and regality of Darnley, comprehending the severall lands, offices, jurisdictions, patronages and others respective therein exprest, with chappell and chancery, power of justiciary, escheats of the inhabitants and the several burghs of regality therein specified, power of keeping fairs and mercats, and other priviledges therein set doun, the teinds, annuitys of teinds, few dutys out of the Isles of Bute and Comry, and watchmaill of Kilpatrick, mains of Cardross and castle green of Dumbarton and all other lands, teinds and rents belonging to the said castle, with the severall offices, jurisdictions and others mentioned in the said charter, which proceeds upon the resignation of the said marques and other conveyances, and contains a new gift of the haill with a disjunction of the barony of Buchannan and several other lands from all sherrifdoms and other jurisdictions to which they were formerly united, and ane annexation thereof to the regality of Montrose, with a declaration that one seasine by earth and stone at the house of Mugdock or mercat cross of the burgh of regality of Montrose thereby erected shall be sufficient for the haill dukedom, marquissat, earldoms, lordships, barronys, sherrifdoms, regalitys, lands, teinds, offices, jurisdictions and others mentioned in the said charter, to be holden of her majesty, as queen, princess and stewart of Scotland, for payment of the several dutys mentioned therein, whereby the taxtward holding of the said regality of Montrose and others therein specified is changed to blench holding for payment of two pennies yearly in name of blensch ferm, the heirs are allowed to be entered and infeft at any time of their age, and the said marques, his son and their forsaids are allowed to dispose upon the said lands in haill or in part without consent of her majesty and without hazard of recognition, which is thereby renounced and the several rights therein specified of the lands and barrony of Drummond, alias Drymon, and others are confirmed. And her majesty, with advice and consent foresaid, does also ratify and approve the precept of seasine contained in the said charter, and instrument of seasine to follow thereon, in the haill heads, articles and clauses of the said charter, precept and seasine and wills, grants, statutes and ordains that the samine charter, precept and seasine shall be good, valid and sufficient rights conform to the tenor thereof to the said James, marquess of Montrose, his son and their foresaids, for possessing and injoying in all time coming, without stopt or impediment so far as concerns the interest of her majesty, the lands, regalities, offices, jurisdictions and others therein mentioned, and that the same shall never be revocked or quarrelled by her majesty or her successors in any time hereafter, and declares this present ratification to be as sufficient to all intents as if every word of the rights hereby ratified were inserted herein, with the not inserting whereof and with all other defects that can be proponed against the samen rights and this ratification thereof, her majesty, with consent foresaid, hereby dispenses for ever. Extract.
[1706/10/394]*[print] [email] [cite] [preceding] [following]
[1706/10/395]*[print] [email] [cite] [preceding] [following]
Protestation [of] William Baillie of Lammingtoun against the same, that it should not prejudge his rights.
[1706/10/396]*[print] [email] [cite] [preceding] [following]
[1706/10/397]*[print] [email] [cite] [preceding] [following]
[1706/10/398]*[print] [email] [cite] [preceding] [following]
[1706/10/399]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the twenty first day of March, jM vijC and seven years. Our soveraign lady, with advice and consent of the estates of parliament, ratifys, approves and perpetually confirms a letter of confirmation and gift under her majesties' privy seall granted by her majesty, with consent of the lords and others commissioners of her thesaury and exchequer of this kingdom, of the date at Kensingtoun, the twenty first day of December, jM vijC and six years, approving and confirming to and in favours of Dam Janet Halket, spouse to Sir Peter Halkett of Pitfirren, alias Wedderburn of Gossfuird, knight barronet, and to her heirs and successors in the lands and estate of Pitfirren, the full right, priviledge and liberty of transporting the coalls within the bounds of the said estate furth of this kingdom, free and exempted from all payment of any custom or bullion or any other dutys whatsoever imposed or to be imposed thereupon by the laws and acts of this kingdom, made or to be made, according as the same have been possest and enjoyed by the said Dam Janet Halket, her predecessors and authors heretofore in time bypast, conform to their antient rights and immemoriall possession of the forsaid exemption and immunity in all points, and also of new, for the said Dam Jannet Halket and her forsaids their furder encouradgment to prosecute and follow out the working and winning of the said coalls and transporting the same to forreign countreys and without prejudice of their said antient rights and immemorial possession, but in furder corroboration thereof, accumulando jura juribus, of her highnes certain knowledge and proper motive, giving, granting and disponing and for her majesty and her royall successors perpetually confirming to the said Dam Janet Halket, and her foresaids, the full priviledge and liberty of transporting the foresaid coalls from any port or ports within this her majestys antient kingdom, thereby expressly inhibiting and dischargeing the lords and others commissioners of her majestys thesaury present and to come, her majestys thesaurer, thesaurer deput, advocat and sollicitors, and all others her majesties' officers of state and ministers of the law and also the collectors, farmerers and tacksmen of the customs of the said kingdom, and all others imployed or to be imployed in uplifting, collecting and ingathering of the same, whom it does or may concern, from all chargeing, prosecuting, troubling or mollesting the said Dam Janet Halket, or her foresaids, in the peaceable possession and enjoyment of the foresaid priviledge continually and exemption for ever, declaring that it is and shall be allways leisom and lawfull to the said Dam Janet Halket and her foresaids to possess, bruik and enjoy the priviledge, immunity and exemption above written, either by virtue of their said ancient rights and immemorial possession foresaid or by vertue of the said new grant and disposition of the same or be both or either of the said rights, the one but prejudice of the other, at their pleasure in tyme coming, in the haill heads, articles and clauses of the said letter of confirmation and gift. And her majesty, with advice and consent of the said estates of parliament, wills and grants and, for her majesty and her successors, statuts and ordains the foresaid confirmation and gift to be, conform to the tenor thereof, good, valid and sufficient for possessing and enjoying in all time coming, without stopt or impediment so far as concerns her majestys interest the above written priviledge and exemption in all time coming, and declares the same shall never be revocked or quarrelled by her majesty or her successors, and that this present ratification is and shall be as sufficient to all intents as if every word of the said confirmation and gift were inserted herein, with the not inserting whereof and with all other defects and imperfections that can be proponed against the vallidity hereof and right hereby ratifyed, her majesty, with consent foresaid, hereby dispenses for ever.
[1706/10/400]*[print] [email] [cite] [preceding] [following]
Protestation [of] Sir Gilbert Eliot of Minto, in name of the Lord Beilhaven, against the same, that it should not prejudge his rights.
[1706/10/401]*[print] [email] [cite] [preceding] [following]
Att Edinburgh, the 21 day of March, 1707 years. Our soveraigne lady, with the speciall advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seall granted by her majesty, with consent of the commissioners of her thesaury and exchequer for the tyme, of the date at Kensingtoun, the twentieth day of May, jM vijC and four years, proceeding on the resignation of Captain James Cranston of Glen, in favours of the said Captain and Mrs Jean Murray, his spouse, in conjunct fee and liferent for her liferent use onely, and to the airs male betwixt them in fee, which failling to the said Captain James Cranston his airs male of any other marriage, which failling his airs and assigneys whatsomever, heretably and irredeemably, under the reservations and provisions therein and after exprest, of all and haill these pairts of the lands of Glen which formerly belonged in property to the deceasts John, earle of Traquair and earle of Traquair, his son, with houses, biggings, yeards and all their pertinents, together with liberty and priviledge of casting, winning and transporting of peits and turfs in and from the moss of etc., conform to use and wont and as the samen are presentlie possest by Elizabeth Murray, relict of the deceast John Cranston and William Aitchieson, his tennent, lying within the barrony and sherifdome off Peebles, excepting and reserveing that pairt and pendicle of the forsaids lands of Glen (called Spittlehope) which is excepted and reserved from the disposition of the saids lands granted to the said John Cranstoun and his authors. As also, all and haill the lands of Glen, with houses, biggings, yeards, pairts, pendicles and haill pertinents of the same, lying within the said sherifdom of Peebles, which formerly belonged to John, earl of Traquair, lord Lintoun and Caverstoune, some tyme lord high thesaurer of the kingdom of Scotland, oye and air to the deceast James Stewart, his grandfather, and wherein he as air to his said grandfather was infeft, together with all right, title, interest, claim of right, property and possession, petitor and possessor, which her majesty or her predecessors or successors had, have or any wayes may have, claim or pretend to the forsaids lands, or any pairt thereof, or to the maills and duties of the same in all tyme past and in time comeing by reason of waird, releif, marriage, nonentry, recognition, reduction or any other manner of way, or by any other title whatsomever, reserveing, nevertheless, to the said Elizabeth Murray her liferent of such pairts and portions of the forsaids lands in which she stands infeft in liferent during all the dayes of her lyfetyme, conform to her infeftment and seasin thereof. As also, reserveing full power and liberty to the said James Cranston (notwithstanding of the said charter and infeftment to follow hereupon) to sell and dispone the forsaids haill lands and others above specified, with their pertinents or any pairt thereof, heretably and irredimably, or to wadset the same or grant infeftments of annual rent to be uplifted furth of any pairt of the saids lands to any person or persons for whatsomever soums the said James Cranston shall think fitt, and to make and grant dispositiones and other rights and securitys requisit for that effect, without consent of his saids airs obtained thereto, and sicklyke and alse freely in all respects as if they were not provided to the forsaids lands, for all which one seasin to be taken upon any pairt of the saids lands is declared to be sufficient, to be holden of her majesty for payment of the several duties mentioned in the said charter whereby the ward, nonentry and relief and marriage, when falling for the said lands of Glen which pertained to the earl of Traquair as oye and heir to the said umquhill James Steuart, are taxed to and assigned for payment of the respective sums therein specified, viz. of the sum of seventy three pounds Scots money yearly at two terms in the year Whitsunday and Martinmas in winter be equall portions during the ward and nonentry, with the lyke sum of seventy three pounds monie forsaid for releif of the same, as also with the soum of one hundred and fourty six pounds monie above written for the marriage of every air, when the same shall fall allenerly,† and the airs, notwithstanding of minority, are allowed to be entered and infeft, and the said Captain James Cranston and his forsaids are allowed to dispose thereon in haill or in pairt without hazard of recognitione, together with the precept of seasin contained in the said charter and instrument of seasine thereon, in the haill heads, articles and clauses of the said charter, precept and seasine. And her majesty, with consent foresaid, wills and grants and, for her royall successors, decerns, statutes and ordains the forsaid charter, precept and seasine to be, conform to the tenors of the same, good, valid and sufficient rights to the said Captain James Cranston and his forsaids for possessing and enjoying continually hereafter the lands and others above and therein mentioned so far as concerns her majesties' interest, and that the same shall never be quarrelled or revocked by her majesty or her forsaids, and alse that this present ratification is and shall be, to all intents, alse effectuall and sufficient as if the said charter, precept and seasine were at lenth inserted herein, with the not inserting whereof and with all defects and imperfections, if any be, that can or may be alledged or proponed against the validity hereof or of the said charter, precept and seasin hereby ratified, her majesty, with consent forsaid, for her and her royall successors does hereby dispense for ever.
[1706/10/402]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the twenty first day of March, jM vijC and seven years. Our soveraigne lady, with the speciall advice and consent of the estates of parliament, ratifies, approves and perpetually confirmes a chartor under the great seall of the date at Kensington, the eighteenth day of February last, granted by her majestie, with consent of the lords and others commissioners of her thesaury and exchequer, in prosecution of ane act of parliament dated the tenth day of the said month of February, dissolving from the crown the earledom of Orkney and lordship of Zetland, and others after mentioned, in favors of James, earle of Mortoun and his heirs male whatsoever succeeding to his honor and dignitie, which failying to his heirs and assigneyes whatsoever heretablie, of all and haill the said earledom of Orkney and lordship of Zetland lying in the kingdom of Scotland, with all and sundrie lands, lordships, regalities, baronies, isles, castles, touers, fortalices, manner places, houses, biggings, yeards, orchyeards, parks, fences, inclosures, milns, milnlands, multures, knaveships, woods, fishings, as well of salmond as other fishes in fresh and salt waters, liberties, grassums, forentries, touns, brughs, annualrents, fermes, fewfermes and dueties, togither with all and sundrie lands called udal lands lying within the said earledom, lordship and isles of the same, with all and sundrie priviledges, casualities and commodities whatsoever pertaining thereto, as well by sea as land, with tenents, tenendries, service of free tenents, as well in landwart as within burgh, teinds great and small, personage and viccarage teinds, dueties, advocationes, donationes and rights of patronage of the kirks, chaplanries, alterages and prebendries within the said earledom and lordship, isles, udall lands and others pertaining thereto, togither also with the heretable offices of justiciary, shirifship or steuartrie, baillierie and foudry within the said earledom, lordship, isles and others above written belonging thereto, with wrack and ware, and all and sundrie priviledges, liberties, fees, casualities and other commodities whatsoever pertaining to the said offices of justiciary, shirifship or steuartrie, balliarie and foudry, or any of them, with full power to the said James, earle of Morton and his foresaids of appointing, affixing, fencing, holding and continuing courts of justiciary, shirifship or steuartrie, bailiary and feudry at whatsoever place or places within the haill bounds of the foresaid earledom, lordship, isles, lands and others above mentioned most fitt for that effect, and of making, creating and appointing justiciars, shirifs or steuarts, bailies and fouuds and their deputs with clerks, procurator fiscals, officers, serjants, dempsters and all other necessar members of court for holding the said courts of justiciary, shiriff or steuart courts and courts of bailiary and feudry, within the haill bounds of the said earledom, lordship, isles, lands and others above written perteining thereto, and of doing all other things requisite and necessar thereanent, sicklike and als freely, in all respects, as any other justiciar, shirif, stewart, bailie or fouud within the said kingdom of Scotland, or the said islands of Orkney and Zetland have done, or may do, by vertue of their said offices at any time bygone or to come, and siclike of her majesties' right of the feufermes and other dueties, casualities and services of all and sundrie the heretable vassals and others within the said earledom, lordship, isles, lands and others above mentioned, with full and only power to the said James, earle of Morton and his foresaids, in her majesties' name, yet remaining superior to enter and receave the said heretable vassals who now actually hold of her majestie and her croun and their heirs, and to grant charters and infeftments to any person or persons of the said earldom, lordship, isles, lands and others above written, or any pairt of the same, upon the resignation or disposition of the said vassalls or decreets of sale, apprysing or adjudication from them, and that either by confirmation or charters containing precepts of seasine, and to intromett with, uplift and dispose upon all and sundrie the casualities of the said vassalls already vacant or not disposed of, or which shall happen in all time coming to fall and become vacant, by simple or liferent escheat, ward, nonentrie, recognition or any other way whatsoever, without prejudice alwayes to the said earle and his foresaids of the superiorities and haill casualities of all such vassals and others as formerly held of the earle of Orkney, and which do not now hold of her majestie. And also, with full and absolute libertie to the said vassals which now hold of her majestie to return and take their holdings of the said earle of Morton and his foresaids as they held the samen formerly of the earles of Orkney at their option, togither with all right and title her majestie, her predecessors or successors had, has or any wayes may have, claime or pretend to the premises or to the feufermes, dueties and profites thereof for the termes of Whitsunday [15 May] and Martimas [11 November] 1707 and in time comeing by the reason of ward, nonentrie, acts of annexation, acts of parliament or any other way, as is fully mentioned in the said charter, whereby the haill foresaid lands and others are united in one earledom, lordship and baronie, with priviledge of justiciary, shirifship or steuartrie, bailiary or foudrie, called the earledom of Orkney and lordship of Zetland, ordaining one seasine at the castle of Kirkwall, or any part of the said lands, to be sufficient for the whole premises, redeemable alwayes by her majestie and her successors for 30,000 lib sterling as is expressed in the said charter, with provision that the said earle shall not be accountable for his intromissiones, and that the rents of that year wherein the redemption is declaired shall belong to him to be holden of her majestie for payment of the several feu and other dueties mentioned in the said charter and act of parliament relating thereto. And her majestie, with consent of the said estates of parliament, ratifies and confirmes the precept of seasine contained in the said charter and instrument of seasine to follow thereon and the haill heads, articles and clauses of the said charter, precept of seasine, and wills and grants for her and, [for] her royall successors, statuts, ordaines and declairs that the foresaid charter, precept and seasine are and shall be, conforme to the tenors of the same, good, valid and sufficient rights to the said James, earle of Morton and his foresaids for possessing and injoying, in the termes thereof, the earledom, lordship and others above mentioned without any stop or impediment so far as concernes the interest of her majestie or her foresaids, and that the same shall never be quarreld or revoked by her or them, and that this present ratification is and shall be, to all intents, as sufficient as if every word of the foresaid charter, precept and seasine were insert herein, with the not inserting whereof and with all other objectiones that may be proponed against thir presents and the said writs hereby confirmed, her majestie, with consent foresaid, for her and her said successors, does hereby dispense for ever. Extracted.
[1706/10/403]*[print] [email] [cite] [preceding] [following]
Ratification† of a chartor under the great seal† of the date at Saint James's, the twenty seventh day of February last, granted by her majesty, with consent foresaid† proceeding on the resignations of John, earl of Stair and William Campbell, respective, in favours of the said earle, his heirs male and of tailyie therin mentioned, and other heirs and assigneys whatsoever, heretably and irredeemably, of the title and dignity of earl of Stair, viscount of Dalrymple, Lord Newlistoun, Glenluce and Stranrawer, and of the lands and barony of Stair and the rest of the lands, lordships, baronies, patronages, mills,† fishings, heretable offices, fees and others particularly and generally therin mentioned, under the reservations, provisions and conditions expressed therin, whereby all the rights of the office of bailliary of the lordship and regality of Glenluce, and of the lands and baronies pertaining to the abbacy therof granted to the said earle and to his predecessors and authors, are confirmed, the toun of Glenluce is appointed the head burgh of the regality therof in place of the burgh of Barnhill, the haill lands and others therein specified are united in one earldom, lordship and barony called the earldom of Stair, lordship and barony of Dalrymple, the manour place of Stair is appointed to be the principall messuage therof, and one sasine, by earth and stone therat, or any part of the said lands, is declaired sufficient for the haill, to be holden of her majesty for payment of the severall duties specified in the said chartor, by which the heirs, notwithstanding of minority, are allowed to be entered and infeft in some of the said lands holden in taxt ward together. Extract.†
[1706/10/404]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the twenty first day of March, one thousand, seven hundred and seven years. Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms a tack under the great seal of the date at Saint James's, the twenty eight day of February last, granted by her majestie, with advice and consent of the commissioners of her thesaury and exchequer, to Edward Hyde, eldest lawfull son to Edward, lord Cornburry and nephew of umquhil Charles, duke of Lenox, his grand uncle, and nephew of umquhile Lady Katharine Stewart, alias Obrian, his grand aunt, sister to the said duke, and to his heirs and assignees, and to Henry, lord Hyde, eldest lawfull son of Laurence, earl of Rochester, for the use of the said Edward Hyde during his minority of the few duties of the island of Ila, with the pertinents, extending to nine thousand merks Scots yearly, and that for three nineteen years after Whitsunday jM vijC and one years, for payment of five hundred pound Scots money yearly at Candlemas in name of tack duty, beginning the first term's payment at Candlemas next, for this and the former years of the said tack, by which tack her majesty revockes all rights prejudicial thereto, or to any other right of the said few ferms and duties which the said Edward Hyde has or shall acquire, and declares the same null in the haill heads, articles and clauses of the samen, after the form and tenor thereof in all points. Extracted from the warrants of parliament in the lower parliament house by [...], one of the principall clerks of session, as having commission for that effect from the lord clerk register.
[1706/10/405]*[print] [email] [cite] [preceding] [following]
Two ratifications in favours of Archibald, earl of Roseberry.
[...]†
[...]†
Protestation [of] Walter Steuart of Pardovan, in name of the laird of Dundass, against one of them, that it should not prejudge his right to the island of Garvie.
[1706/10/404]*[print] [email] [cite] [preceding] [following]
At Edinburgh, the twenty first day of March, one thousand, seven hundred and seven years. Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms a tack under the great seal of the date at Saint James's, the twenty eight day of February last, granted by her majestie, with advice and consent of the commissioners of her thesaury and exchequer, to Edward Hyde, eldest lawfull son to Edward, lord Cornburry and nephew of umquhil Charles, duke of Lenox, his grand uncle, and nephew of umquhile Lady Katharine Stewart, alias Obrian, his grand aunt, sister to the said duke, and to his heirs and assignees, and to Henry, lord Hyde, eldest lawfull son of Laurence, earl of Rochester, for the use of the said Edward Hyde during his minority of the few duties of the island of Ila, with the pertinents, extending to nine thousand merks Scots yearly, and that for three nineteen years after Whitsunday jM vijC and one years, for payment of five hundred pound Scots money yearly at Candlemas in name of tack duty, beginning the first term's payment at Candlemas next, for this and the former years of the said tack, by which tack her majesty revockes all rights prejudicial thereto, or to any other right of the said few ferms and duties which the said Edward Hyde has or shall acquire, and declares the same null in the haill heads, articles and clauses of the samen, after the form and tenor thereof in all points. Extracted from the warrants of parliament in the lower parliament house by [...], one of the principall clerks of session, as having commission for that effect from the lord clerk register.
[1706/10/405]*[print] [email] [cite] [preceding] [following]
Two ratifications in favours of Archibald, earl of Roseberry.
[...]†
[...]†
Protestation [of] Walter Steuart of Pardovan, in name of the laird of Dundass, against one of them, that it should not prejudge his right to the island of Garvie.
[1706/10/406]*[print] [email] [cite] [preceding] [following]
[1706/10/407]*[print] [email] [cite] [preceding] [following]
Then the lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till Monday next at ten of the clock.