[1704/7/163]*[print] [email] [cite] [preceding] [following]
The ratification in favour of [Patrick Hume], earl of Marchmont of his charter, passed, of which ratification the tenor follows.
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter passed and expedited under her majesty's great seal of this kingdom of the date at St James's, 31 January 1704, granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer for the time, to and in favour of Patrick, earl of Marchmont in liferent and to Patrick [Hume], lord Polwarth, his eldest lawful son, and the male heirs to be procreated of his body, which failing to the male heirs of the said Patrick, earl of Marchmont of his marriage with the deceased Dame Grissel Kerr, which failing to the said earl his nearest lawful male heirs whatsoever, which also failing to his nearest lawful female heirs, the eldest succeeding always, without division, which also failing to his nearest lawful heirs and assignees whatsoever, heritably and irredeemably, with and under the express provisions and conditions therein and after-mentioned. Of all and entire the lands, mills, mill lands, baronies, teinds, parsonage and vicarage, rights of patronage and others particularly underwritten namely, all and entire the half of all and whole the lands of Polwarth, to wit, the half of the town of Polwarth and mill thereof called the mill of Redbraes, containing the West Mains of Polwarth, called Redbraes, with manor place, houses, biggings, yards, orchards, parts, pendicles, annexes, connexes, tenants, tenantries, service of free tenants, with all their pertinents, lying within the sheriffdom of Berwick, formerly united in one whole barony called the barony of Redbraes. All and entire the other half of the said lands of Polwarth, called the east half thereof, with manor place, corn mill, dovecot and pertinents thereof, and the advocation, donation and right of patronage of the parish kirk of Polwarth and all privileges and pertinents belonging thereto, lying within the said sheriffdom of Berwick, formerly conquest and acquired by the deceased Sir Patrick Hume of Polwarth, knight and baronet, from the late Sir David Home of Wedderburn, and lately conveyed by George Home, now of Wedderburn, in favour of the said Patrick, earl of Marchmont, then designed Sir Patrick Hume of Polwarth. Also, all and entire the lands of Harden, above and below the water thereof, the lands of Ferrieswalls,† with parts, pendicles and pertinents thereof; and all and whole the lands of Birghamshiells, extending to a thirty merk land, with parts, pendicles, annexes, connexes and pertinents of the same whatsoever. And likewise, all and entire the four husband lands of Easterlaws of Whitsome, with annexes, connexes and pertinents thereof, all lying in the said sheriffdom of Berwick. All and whole the two husband lands in the town and territory of Graden, with the pertinents, called Bankhead, lying within the said sheriffdom; and all and whole the lands of Haitshaw,† with parts, pendicles and pertinents of the same, lying within the bailiary of Lauderdale and sheriffdom foresaid. All and whole the lands of Vigorushaugh,† with the fishings thereof upon the waters of Tweed and Teviot, the lands of Bradyards,† with the dovecot thereof, the lands of Horsemercat,† together with a husband land in the town of Cessford, with all and sundry parts, pendicles, annexes, connexes, tenants, tenantries, service of free tenants and all their pertinents, lying within the sheriffdom of Roxburgh, all formerly united and incorporated in a whole and free barony called the barony of Polwarth, whereof the town of Polwarth is ordained to be the principal burgh and is erected in a free burgh of barony, with all liberties, immunities, commodities and casualties of a burgh of barony, with free power to the said earl and his foresaids of choosing and creating yearly bailies, clerks and officers for governing the said burgh and of keeping thereat a weekly market every Tuesday, and two yearly fairs, one upon 24 August and the other on 13 January, conforming to a charter thereof under the great seal dated 25 June 1669. And also, all and entire the lands of Greenlaw Redpath, with tower, fortalice, manor place, houses, biggings, common muir, mills, multures, annexes, connexes, parts, pendicles and pertinents of the same; the lands of Broomhill Blassenbraid,† with the pertinents; the lands of Greenlaw dean, with manor place, mills, mill lands and astricted multures thereof; the lands of Polkhaugh Blassenbraid, alias Blassenberrie,† with the pertinents; the lands of Eastfield, Whiteside, Tonendrie,† Marksworth† and Claydub,† with the pertinents; the Mains of Greenlaw and kirklands thereof; the town and burgh of Greenlaw, with the teind sheaves thereof included, all united and erected in one free barony called the barony of Greenlaw Redpath, with all and sundry privileges, liberties and immunities whatsoever granted by his deceased majesty and his predecessors in favour of the late Sir George Home of Spott, or any of the predecessors or authors of the said Patrick, earl of Marchmont, and fully expressed in the charters and other rights thereof, and specially with full power and liberty of holding a weekly market in the said burgh and town of Greenlaw every Thursday, and two yearly free fairs, one thereof to begin yearly on the first Thursday of June and to continue for two days and the other to begin the last Thursday of October and to endure the like space, with all and sundry liberties, privileges, immunities, tolls, customs, emoluments, casualties, profits and duties of the said weekly market and yearly fairs, and with the advocation, donation and right of patronage of the parish kirk and parish of Greenlaw, as well parsonage as vicarage. And also, all and entire these two husband lands in Elvotlaw† and two cottage lands in Greenlaw, with all and sundry houses, biggings, yards, parts, pendicles and pertinents of the same, all lying within the said sheriffdom of Berwick, which husband lands and two cottage lands immediately above-mentioned are united and annexed to the said barony of Greenlaw Redpath. All and whole a husband land lying in the town and territory of Beinstoun, with houses, yards and pertinents, lying in the constabulary of Haddington and sheriffdom of Edinburgh, formerly possessed by Thomas Angus of Haprig, and further of all and entire the lands of Rowanstoun, with houses, biggings, yards, orchards, tofts, crofts, parts, pendicles and pertinents thereof, tenants, tenantries and service of free tenants of the same, lying within the parish of Greenlaw and sheriffdom of Berwick foresaid.
Which charter proceeds on the resignations of the said Patrick, earl of Marchmont and Patrick, lord Polwarth respectively, with and under the said provisions and conditions after-specified namely, providing that the said Patrick, lord Polwarth and the rest of the male heirs and substitutes succeeding to the said lands and estate, by virtue of the tailzie above-mentioned, shall be bound, held and obliged to name and design themselves by the surname of Hume only, and to bear the arms and armorial coat of the family of Marchmont, and also, that if it shall happen (by the failure of male heirs) the foresaid female heirs to succeed by virtue of the above-written tailzie to the lands and estate above-mentioned, in that case the female heir so succeeding shall be bound and obliged to be married to a nobleman or gentleman of the surname of Hume, or who, with his heirs that shall succeed to the said lands and estate by virtue of the said tailzie shall assume the said surname and bear the arms of the said family of Marchmont. And likewise, providing that it shall not be lawful to the said Patrick, lord Polwarth nor others the heirs of tailzie above-written, or any of them, to do directly or indirectly any fact or deed to frustrate, break, innovate or change the said tailzie in order of succession, and with the provisions and conditions above-expressed. And if it shall happen the said Patrick, lord Polwarth, or any of the heirs of tailzie above-specified, to fail in the exact and punctual performance of the foresaid conditions, or to do directly or indirectly any fact or deed contravening the same, in that case and upon every such event the contravener shall by so doing lose his right to the said estate and the same shall devolve, fall to and pertain to the next immediate heir of tailzie under the provisions and conditions above-expressed and that simply by way of exception without any declarator, to which next immediate heir it shall be lawful to declare and serve himself heir in special, either to the contravener or his immediate predecessor who died last infeft, and thereupon to obtain himself duly and lawfully infeft and seised in the said lands and estate, without being in any way liable to the debts or deeds of the contravener. And lastly, providing that it shall be rightful and lawful to the said Patrick, earl of Marchmont himself to sell and convey of the said lands and estate and to contract and take on debts upon the same, and to grant, as he pleases, rights and securities for the same, without consent of his said son or any others the heirs of tailzie above-written, such as if he were absolute fiar thereof, although the same be provided to his said eldest son and the heirs of tailzie above-specified. By which charter her majesty, with consent foresaid, disjoins the whole lands, baronies, mills, mill lands, teinds, rights of patronage and others foresaid, with the pertinents, from all and whatsoever lordships, baronies, regalities and other jurisdictions whatsoever to which the same were formerly united, and of new unites, erects and incorporates the same in one whole and free lordship and regality, with chapel and chancellory, to be called now and in all time coming the lordship and regality of Marchmont, with full right, privilege and jurisdiction of chapel and chancellory, and likewise of justiciary within the whole bounds of the said united regality. And also makes and constitutes the said Patrick, earl of Marchmont, during his life, and the said Patrick, lord Polwarth and the male heirs and of tailzie above-specified, under the conditions and provisions above-expressed, heritable lords of the said lordship and regality, giving and conveying to them the foresaid regality and jurisdiction, with free chapel and chancellory, right and privilege of justiciary, and all and sundry privileges, immunities, casualties, honours, dignities, emoluments and liberties whatsoever pertaining thereto, to be possessed and enjoyed by them, likewise and as freely in all respects as any other lord of regality within this kingdom possesses or enjoys, or can possess and enjoy, by virtue of the laws and constitutions thereof, with power and commission to them, by themselves and their bailies and deputes, to hold, fence and continue courts of regality within the bounds thereof, or any part thereof, for administration of justice and to create and elect all members of court, and to emit and direct in their own names as heritable bailies of the said regality, all citations, precepts, brieves, edicts and proclamations and others for serving heirs and administration of justice in all causes civil and criminal. And with power to them and their bailies depute, substitute and clerks (and no others) to give infeftment by virtue of precepts furth of the chancellory upon the said services and retours, and also, with power to them to convene before them all delinquents and transgressors within the said regality and to incarcerate, fine and adjudge them, and to uplift and apply to their own use the amercements, forfeitures, escheats, fines and bloodwits of the said transgressors and delinquents, and moreover, to repledge all and whatsoever persons dwelling and residing within the said regality from all other courts and jurisdictions to which they shall be cited, and to administer justice in all causes civil and criminal (the crime of lese majesty only excepted) and to cause lawfully execute their sentences, and to uplift, assign and convey the liferent, escheats and forfeitures of all persons who shall be guilty within the said regality of the crimes foresaid, or any of them or who shall happen to be denounced rebels, which liferent, escheats and forfeitures are, by the said charter, given and made over to the said earl during his life and to his said son and their foresaids for ever. By which charter also the town and burgh of Greenlaw is ordained to be the head burgh of the said regality in all time coming and is thereby erected in a free burgh of regality and all proclamations, denunciations and executions of hornings, inhibitions, apprisings, publications and interdictions, brieves and others within the said regality are ordained to be executed at the market cross of the said burgh, and all services of brieves, registrations of hornings, inhibitions, publications and interdictions, and others within the same regality, are ordained to be done and performed at the said burgh as the principal and head burgh of the said regality in all time coming. And her majesty does thereby give and commit to the said earl, during his life and after his decease to his said son and the heirs above-specified, of electing and naming yearly magistrates, clerks, sergeants, officers and other members necessary for government of the said burgh, and of making and creating within the same free burgesses, with power to sell, buy and trade in wine, wax, salt, cloth and all other merchandise and commodities whatsoever, and of having there all sorts of mechanics and tradesmen, and of keeping two new yearly fairs, one upon the first Thursday of June and the other on the last Thursday of October, each of them to continue two days, with the tolls, customs, privileges and immunities thereof, besides the other two fairs formerly allowed to be held there. And her majesty does further, by the said charter, discern and ordain the castle of Redbraes to be the principal messuage of the barony of Redbraes, and one sasine to be taken thereat by delivery of earth and stone to be sufficient for the said whole barony, and one sasine so to be taken at the market cross of the town of Polwarth to be sufficient for the said whole burgh and barony of Polwarth, and one sasine so to be taken at the said castle of Greenlaw to be sufficient for the said whole barony of Greenlaw. And the said husband land lying in the said territory of Beinstoun and for the said lands of Rowanstoun, with the pertinents, which husband land in Beinstoun and lands of Rowanstoun, with the pertinents, are thereby united and annexed to the said barony of Greenlaw forever and a sasine to be taken at the market cross of Greenlaw to be good and sufficient for the said whole regality, comprehending the whole lands, baronies, teinds, mills, mill lands, rights of patronage, office of bailiary of the said regality, with all and sundry privileges pertaining thereto, notwithstanding the same lie discontiguous. Which whole lands, baronies, teinds, mills, mill lands, rights of patronage and others particularly above-written, all lying and designed in manner above-expressed, and all now united and erected in a whole and free regality called the barony of Marchmont, are by the said charter of new given and conveyed to the said Patrick, earl of Marchmont, in liferent and to the said Patrick, lord Polwarth and their foresaids under and with the provisions and conditions above-expressed, heritably and irredeemably to be held of her majesty and her successors in fee and heritage forever for yearly payment of taxed ward, blench and feu duties respectively mentioned in the said charter. And her majesty, with advice and consent of the said estates of parliament, ratifies, approves and perpetually confirms the precept of sasine contained in the said charter and the instrument of sasine following or competent to follow thereon, in the whole heads, articles and causes of the said charter, precept and sasine after the form and tenor thereof, and wills and grants and, for her majesty and her royal successors, statutes and ordains that the same shall be conforming to the tenors of the same good, valid and sufficient rights to the said Patrick, earl of Marchmont and Patrick, lord Polwarth and their foresaids for bruiking and enjoying in all time coming, without stop or impediment, the foresaid new erected regality comprehending the particular lands, baronies and others above-mentioned in liferent and fee, as is above-expressed, and declares that the same charter, precept and sasine shall never in time coming be quarrelled by her majesty or her successors, and that this present ratification is and shall be of as great force, strength and effect to all intents as if every word of the foresaid charter and precept and sasine hereby ratified were inserted herein, with the not inserting whereof and with all other objections and imperfections that may be alleged against the same, or this present ratification of the same, her majesty, with consent foresaid, dispensed and hereby dispenses for ever.