[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.