[1705/6/119]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minutes of the last sederunt read.
Petition for Sir Andrew Kennedy against Sir Alexander Cumming of Culter, read and remitted to the lords of session to determine the point of right and possession of the petitioner's office as entire to be discussed summarily, which remit is as follows.
Her majesty's high commissioner and the estates of parliament, having heard the petition of Sir Andrew Kennedy of Cloburn, conservator etc., humbly showing to them that it pleased the late King William, of ever glorious memory, very soon after the late happy revolution, to grant a commission to the petitioner to be conservator of the privileges of this kingdom in the Netherlands for all the days of his natural life, of which commission and office the petitioner has been in possession more than fifteen years and did justly judge himself secured therein as his property unless he should forfeit it by his malversations, and that the same were declared against him, it being not only the plain import of his commission for life without offence, but also fully secured both by the law and the Claim of Right, by which the office of all judges ought to be for life without offence, and the disposing of all forfeitures, before sentence, is declared to be contrary to law. Notwithstanding whereof, the petitioner is of late surprised by a commission alleged to be granted by her majesty of his said place and office in favour of Sir Alexander Cumming of Culter, which being in law presumed to be obtained at the risk of the impetrator and not to be constructed† her majesty's deed, who is far from all injustice, the petitioner must with all submission represent that this second gift is unprecedented, and may be of ill consequence. And likewise, that therein the petitioner is not only concluded guilty without any due sentence, but also as he is informed, deprived of both his right and possession which could not legally be done without a prior sentence, and does evidently tend to his enormous prejudice and damage. For which cause, so soon as the petitioner heard of Sir Alexander's said practice, he immediately intended a declarator of his right during life and reduction and improbation of Sir Alexander's said gift, before the lords of session, the most competent judges in this cause, wherein he called the said Sir Alexander in order to a legal and free discussion, pretending to no more but that, if innocent as the petitioner hopes he shall be found, he might be secured from Sir Alexander's molestations and that, on the other hand if found guilty, Sir Alexander might then and not before have the benefit of his said pretended commission. But Sir Alexander not content to prosecute as the law allows and to attend a legal discussion and decision, has not only passed his gift all at once under the great seal but also presented the same to the royal burghs in order to be presently put in possession, and no doubt will pursue the same method with the States General and town of Campvere, who are concerned in the said office, which practises do not only tend to dispossess the petitioner summarily against law and his foresaid right, but must also be the occasion of great confusion to the prejudice of trade both here and in these foreign parts, where the said office is appointed for it's due regulation. The petitioner shall not here further reflect upon Sir Alexander's foresaid gift and commission, and what extraordinary clauses may be found therein, though he humbly presumes to say that they may deserve the consideration of the honourable estates of parliament on several accounts. But seeing that the petitioner is legally provided by his gift for life, as said is, and that his office so secured is indeed his property and that he can neither be deprived thereof nor in the least molested in his possession save by course of law, which he never declined, and that by our law it is certain that any such second gift can take no effect whatsoever unless the former gift in the petitioner's favour be first declared to be lost, amitted and forfeited, he must on these considerations most humbly apply to her majesty's high commissioner and the honourable estates of parliament for their justice and protection against abuses not otherwise to be prevented. For seeing Sir Alexander has already, without attending any legal discussion or warrant, as said is, offered to take possession here to the petitioner's prejudice manifestly against law and that the petitioner cannot expect but that he will follow the same practice with the States General and town of Campvere, not only to disturb the petitioner's possession but likewise to the prejudice of the staple trade in these parts, the petitioner does, with all submission, presume that his grace and their lordships will take the case into their consideration and, therefore, humbly craving his grace and the honourable estates of parliament to take this matter to their consideration and in regard of the petitioner's gift and commission, standing and provided with long possession, as said is, and that the petitioner has also raised a declarator of his right and reduction and improbation of Sir Alexander's gift wherein he is called to ordain that the petitioner's gift† and possession continue unmolested or undisturbed in any sort, except in due course of law, and that while the petitioner's foresaid gift is standing and not declared to be lost or forfeited, Sir Alexander has no pretence either to right or to possession here or elsewhere, specially in these foreign parts more than if his said second gift had never been granted and that all objections are still entire to the petitioner against the said second gift as appropriate, as the said petition bears. And her majesty's commissioner and the said estates of parliament, having this day fully considered the said petition and being therewith well and ripely advised, they remitted and do hereby remit the right and possession as to the petitioner's office above-mentioned entire to be summarily discussed before the lords of council and session without abiding the course of the roll. Extract.
[1705/6/120]*[print] [email] [cite] [preceding] [following]
Act in favour of Mistress Jean Ramsay, again read.
A resolve offered that the parliament, during this session, will not grant any new cess or any other imposition whatsoever upon the kingdom or any part thereof read.
Moved that before the resolve take effect the petitions given in for the town of Dundee and other royal burghs be read and, after debate, it was agreed to proceed to the consideration of the act in favour of Mistress Jean Ramsay before approving the resolve, and then it was put to the vote, agree to the resolve now read or read and consider the petitions presented by the town of Dundee and the other royal burghs, and carried agree to the resolve.
[1705/6/121]*[print] [email] [cite] [preceding] [following]
Then the parliament proceeded to the consideration of the act in favour of Mistress Jean Ramsay appointing a month's cess to be paid at the terms mentioned in the act for payment of the clothing money and arrears due to the deceased Lieutenant General George Ramsay, her father and, after some amendments made upon the act, it was put to the vote, approve the act or not, and carried approve.
Petition for the merchants in Edinburgh in relation to passes from her majesty during the time of war for carrying on their trade read, and recommended to her majesty's high commissioner to represent to her majesty as their humble request that passes be granted by her majesty to the subjects of this kingdom trading to France and Spain and that her majesty may be pleased to give such orders as shall protect them in their said trade as well against her majesty's ships of war and privateers as those of her allies.
Ordered that next sederunt the report of the commission for public accounts be received and that the article relating to [John Hamilton], lord Belhaven and his partners their tack of excise be first under consideration, thereafter to consider the article relating to [Sir Alexander Bruce of] Broomhall's disbursements for the army and then [William Cochrane of] Ferguslie's case with relation to the poll-money.
[1705/6/122]*[print] [email] [cite] [preceding] [following]
Petition for [Charles Home], earl of Home, read craving that some time be allowed to him to enter heir to his predecessors last infeft with the benefit of inventory and the creditors allowed to see and answer the same against the next sederunt of parliament.
Petition for Sir Thomas Kennedy of Kirkhill, and partners of the tack of the excise between the year 1691 and the year 1696, read craving their damages sustained by breaking their tack by act of parliament and other supervenient laws to their prejudice be considered, and the petitioners recommended to her majesty in such manner as contained in the deliverance upon the said petition, which is as follows.
[1705/6/123]*[print] [email] [cite] [preceding] [following]
Her majesty's high commissioner and the estates of parliament, having heard the petition of Sir Thomas Kennedy of Kirkhill and partners of the annexed excise from November 1691 to November 1696, humbly showing to them that where the petitioners were tacksmen of the annexed excise of two merks upon the boll of malt, brewed and vended within this kingdom, and of 6d upon the pint of brandy and strong waters made not of malt, and 3d upon the pint of aquavitae and strong waters made of malt for the space of five years from November 1691 to November 1696, which tack contains warrandice at all hands and which certainly was the strongest assurance the petitioners could desire that the subject of their tack should remain unprejudiced by any deed of the public, and much more, that their tack should continue uninterrupted or broken contrary to the public faith, which it implies or otherwise that all their damages should be certainly and fully repaired conforming to the law in all contracts of that nature. But notwithstanding of the said incontrovertible ground and principle the petitioners were prejudged, first by supervenient laws and then by an act of parliament, that down right broke their tack. The supervenient laws that they complain of are first the act of parliament of 1693 imposing an additional excise of 3d upon the pint of ale and beer for the space of twenty-three months from 1 June 1693 to 1 May 1695, which act did necessarily and exceedingly diminish the consumption of malt to the prejudice of the petitioners; for the method of this imposition upon the liquor being new and the additional burden great put the brewers in such disorder that many through the whole kingdom did cast up and intermit, or, if they continued to brew, it was in far less quantities, as is well known. Besides that, this intermission and giving order of the brewers was visibly occasioned by the contest where this additional burden should lodge, the customers and drinkers expecting still that the ale and beer should continue of the same goodness and at the former price, which many brewers, not being able to comply with, did actually desist. There was also another great incumbrance that did arise to the petitioner's prejudice from the subtacks that they had set for the most part of the kingdom, except Edinburgh and some few other parts, where the subtacksmen in several shires gave over and took instruments against the petitioners and raised process of liberation or eases upon the said supervenient law, as the subtacksmen of the shires of Fife, Aberdeen, Mearns† and Angus comprehending the town of Dundee, which process the lords, being unwilling to determine as concerning his majesty's revenue, the said subtacksmen applied to the parliament and obtained remits and thereby put the petitioners to double and excessive expenses. And as for the town of Edinburgh and other parts, that the petitioners retained in their own collection the damage occasioned by the said additional excise was very great as is evident by comparing their preceding surveys with those that were made after the said additional excise was imposed during the twenty-three months whereof the survey fell far short as the petitioners are ready instantly to instruct, albeit the malt was no dearer during that space than before. The petitioners might also inform his grace and their lordships how that they were the first that ever raised the annexed excise when set upon the malt only without any help from the land rent of the shires, and yet they can make it appear by the surveys of the shires of Roxburgh, Berwick and Wigtown that these shires produced little more than the half of their quotas laid on them by the act of parliament of 1663 during the standing of this additional excise, which is a clear demonstration how great a diminution this supervenient act did occasion to the subject of the petitioners' tack. Their tack was likewise burdened with prior particular tacks set below the quota, as that of the shire of Aberdeen which was set for £10,000 less and continued for the first year of the petitioners' tack, which they grant they undertook in prospect of advantage in the succeeding years, but were deprived thereof by the said supervenient act of the additional excise and by breaking of their tack in manner after-mentioned. Secondly, the petitioners are also prejudged by another supervenient act passed in parliament in the year [...] whereby it is statute that, for bygones as well as in time coming, the imposition upon brandy and strong waters should only be exacted from retailers in pints and lesser quantities, whereas by former acts the least cask of brandy allowed to be imported was half a hogshead and whoever sold in lesser quantities was reckoned a retailer, as was found by several decreets of exchequer upon the faith whereof the petitioners became tacksmen, whereas now all that buy brandy or strong waters in any quantity above a pint are clearly liberated, so that the excise of these liquors became not worth the collection, and the process the petitioners had for great sums of that excise depending before the exchequer are by the retrospect of this last act of parliament fallen to the enormous harm and damage of the petitioners. It has been informed that the petitioners are considerable gainers, notwithstanding of these supervenient laws, but how is this possible when the duties of the subtack set by them do not amount to the quotas of the act of parliament and their tack duties do exceed these quotas greatly. And as for what remained to them in collection, they have offered to exhibit the books of their surveys, both before and after the additional excise, and all their desire is that their damages may be liquidated accordingly. They shall not urge his grace and their lordships that the petitioners took the said tack with a prospect of advantage, which so far as it truly and naturally arises from their tack is as much their right as any other part of their property. But that which they precisely insist upon is that their tack is their right which, being of a subject uncertain, they have fully as good a claim to any profit that might have arisen by it as they had certainly been made liable to the loss if the subject had come short, without any extraordinary accident, and consequently if any part of the subject of their tack be diminished or withheld by a supervenient law, it is evidently a prejudice to their tack, and an incurring of the warrandice of their damage ought justly to be considered as if it were a pure arising damage. And though public laws may be made for the support of the government, yet if these laws should plainly interfere with and prejudge private rights and contracts, the government is as much obliged to make good the same as any private party entering in the like contract. But in the next place, besides the diminution of the subject of the petitioners' tack which they suffered by these supervenient laws which ought to be made good to them, they have another ground of complaint beyond all exception namely, that in the parliament of 1695, when there was then a year and six months of their tack yet to run, the parliament thought good plainly and directly to break their tack by turning the annexed excise from the malt to the liquor and rescinding all tacks (whereof the petitioners was the only principal tack) of and concerning the said annexed excise upon malt, and declaring the same to be fallen in consequence of the dissolution there made. The petitioners are far from complaining as if the parliament had wronged them in this matter since they know perfectly that the parliament had never rescinded or taken away their tack and private right but with a full purpose to repair them and, therefore, they need say no more on this head, but sure their tack was broke by the sovereign pleasure of king and parliament and undoubtedly with a design to make up their loss and satisfy their private interest; the petitioners have no question but this high and honourable court will see it done the rather seeing what they humbly desire is obvious in law and natural reason that the public, who set the tack, should either have made it good or repair the damages, and that after a tack is set the subject of the tack cannot be altered nor the tack broken without mutual consent. And, therefore, craving his grace and honourable estates of parliament to consider the damages the petitioners have sustained, first by the said supervenient laws which is above £5,000 sterling as shall be instructed to a demonstration, and then by taking away of their tack by the foresaid act of parliament of 1695 while there was a year and six months of it still to run, which points being plain both in law and reason the petitioners are persuaded that the justice and equity of the sovereign court of parliament will find out and provide the proper and just remedies whereby the petitioners may be fully repaired, as the said petition bears. And her majesty's high commissioner and the estates of parliament, having this day fully considered the said petition and being therewith well and ripely advised, they recommended and hereby recommend the petitioners to her majesty to repair the damages sustained by them by reason of the supervenient acts of parliament mentioned in the petition in such way and manner as her majesty shall in her royal wisdom think fit. Extract.
[1705/6/124]*[print] [email] [cite] [preceding] [following]
Petition for Colonel James Campbell, read craving payment of the arrears due to him mentioned in his petition and the petitioner recommended to the lords of treasury, conforming to the deliverance upon his petition, which is as follows.
Her majesty's high commissioner and the estates of parliament, having heard the petition of Colonel James Campbell humbly showing to them that the petitioner, having been one of the captains of [William Forbes], lord Forbes's regiment of dragoons, and there being considerable sums due to him as such, and several officers of the regiment having got their arrears, the petitioner did likewise get a precept from the lords of her majesty's treasury upon Sir Thomas Kennedy of Kirkhill for payment of £104 1s 7d sterling of the sums due to him out of the remains of the excise duty, which Sir Thomas refusing to pay and, suffering to be protested, the petitioner did apply to the high and honourable the estates of parliament the last session for his payment, which the parliament were graciously pleased to remit to the commission upon 23 August 1704, and now, after trial taken by the commission into the payments of Sir Thomas Kennedy's excise duty, they find the same exhausted so that the petitioner can expect nothing from that fund. Craving, therefore, his grace and their lordships to recommend the petitioner to the lords of her majesty's treasury to grant him precept for the above sum of £104 1s 7d sterling out of the excrescence or balance of any fund their lordships think fit, as the said petition bears. And her majesty's said commissioner and estates of parliament, having this day fully considered the said petition and being therewith well and ripely advised, they recommended and hereby recommend to the lords of treasury to grant precepts to the petitioner out of some effectual fund for payment of £104 1s 7d sterling due to him.
[1705/6/125]*[print] [email] [cite] [preceding] [following]
Petition for Sarah Dalrymple, daughter to [...] Dalrymple, read craving the privilege of a japanning manufactory. Answers to the said petition by Mr Le Blanc and Mr Scott, glass makers, also read and, after some debate, the petition and answers ordered to lie upon the table.
Overture for an act for the ease of the lieges as to the prices of butcher-meat in Edinburgh, read, and a first reading ordered to be marked thereon, and agreed that the representation for the skinners be under consideration when the act comes to receive a second reading.
[1705/6/126]*[print] [email] [cite] [preceding] [following]
Petition for Captain Thomas Hay, read, and [Grissel Primrose], lady Sempill, Colonel John Buchan and others ordained to be cited in the terms of the act of parliament.
Petition for [Mistress Rose Muirhead], lady Bredisholm against James Muirhead of Bredisholm, read and, after debate, it was put to the vote whether the said James Muirhead should see and answer the said petition or be cited in the ordinary form, and carried that he should be cited.
[1705/6/127]*[print] [email] [cite] [preceding] [following]
Petition for Captain Charles Campbell, read craving payment of his arrears and a stay of personal execution against him for some time, and that part of the petition as to a stay of personal execution ordained to be seen and answered by his creditors against the next sederunt and recommended to the lords of treasury for a certain sum conforming to the deliverance on his petition, the act and recommendation whereupon because it bears for date both this day and the 18th instant is recorded that day.
[1705/6/128]*[print] [email] [cite] [preceding] [following]
Acts of ratification in favour of several persons read and several protestations taken against some of the said acts. As also, several warrants for fairs read, and a protestation taken against the fair of Balquidrock† granted to [John Murray], laird of Touchadam, and the extracting of the said fairs superseded until next sederunt, and all objections against the said fairs made between now and that time to be received, which several acts of ratification, and for fairs etc. passed in parliament, and the protestations against them are as follows.
[1705/6/129]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at St James's, 12 May 1702, granted by her majesty for herself and as come in place of the prince and steward of Scotland, and of the late bishops respectively, with consent of her commissioners of treasury and exchequer for the time, to her majesty's high commissioner John, duke of Argyll, then marquis of Lorne, and his male heirs and of tailzie therein specified, which failing to his other heirs or assignees whatsoever, heritably and irredeemably under the provisions and limitations therein mentioned, of the lands, earldom, lordships, baronies, burghs, offices, castles, mills, harbours, teinds, patronages and others therein expressed, with power of holding the fairs and markets and the other freedoms and privileges therein set down, all which formerly pertained to and were resigned by the deceased Archibald [Campbell], duke of Argyll and are all of new conveyed to the said John, duke of Argyll and his foresaid by virtue of the said charter. Wherein also is contained a dissolution of several of the lands and others therein mentioned which do not lie locally or by annexation in the shire of Argyll from all jurisdictions to which they were formerly united, and an erection thereof in the regality, lordship and barony of Campbell, ordaining the kirkton of Dollar to be the head burgh thereof, which burgh her majesty has by the said charter erected in a free burgh of regality to be called the burgh of regality of Campbell. And has, likewise, erected the town of Ross in Roseneath in a free burgh of barony to be called the burgh of barony of Portrose, and has given to the said duke and his foresaids the privilege of keeping fairs and markets at the said several burghs on the days therein specified, and a power to build a free port and harbour at the said burgh of Portrose, with the tolls, customs duties and other privileges and powers specified in the said charter. Whereby also her majesty, as come in place of the said prince and steward, has dissolved several lands and others therein mentioned from all lordships and baronies to which they were formerly united, and has adjoined the same to the old barony of Auchnagarron, declaring one sasine to be taken at the manor place of Auchnagarron, or any part of the said barony, to be sufficient for the whole. By which charter her majesty, as queen of Scotland, has likewise united and erected all the other lands, earldom, lordship and others therein specified in the dukedom, marquisate, earldom, lordship and barony of Argyll, declaring one sasine to be taken at the castle of Inveraray, or at any part of the said dukedom, to be sufficient for the whole; to be held of her majesty for herself, and as come in place of the said prince and bishops respectively, and of her successors in manner expressed by the said charter, which also contains a dispensation for serving, retouring and infefting in the lands and others therein mentioned that are held in taxed ward, the heirs and successors of the said duke notwithstanding of their minorities, and a confirmation of all rights of the said lands, dukedom, baronies and others foresaid granted to him and his foresaid and to the said late duke of Argyll, his father, or any of their predecessors, with diverse other clauses, together with the precept of sasine contained in the said charter and instrument of sasine following thereupon, in all and sundry heads, articles, clauses, provisions and conditions of the same, with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights conforming to the tenors of the same to the said John, duke of Argyll and his foresaid for possessing and enjoying the said whole dukedom, marquisate, earldom, lordship and barony of Argyll, and barony of Auchnagarron united respectively in manner foresaid, and comprehending severally therein the lands, lordships, baronies, burghs of barony and regality, teinds, offices, fees, duties, feu duties, castles, towers, fortalices, mills, mill lands, multures, woods, forests, isles, lochs, fishings, coals, coalheughs, advocations, donations and rights of patronage, and other pertinents mentioned in the said charter, all lying as is therein expressed, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present general ratification is and shall be as effectual and sufficient to the said John, duke of Argyll and his foresaid as if the foresaid charter with the instrument of sasine following thereupon were word by word inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this present ratification or rights hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
[John Murray], duke of Atholl protested that the foresaid ratification in favour of her majesty's commissioner the duke of Argyll should not prejudge the offices granted to him.
[James Graham], marquis of Montrose also protested against the foresaid ratification that the same should not prejudge him of his offices.
Mr William Cochrane [of Kilmaronock], in name of [James Livingstone], earl of Linlithgow, did likewise protest against the before written ratification.
[1705/6/130]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms the confirmation, prorogation and tack expedited, under her majesty's privy seal, of the date at St James's, 16 January 1703, and granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer for the time, whereby her majesty not only ratified and confirmed a tack of the feu mails, feu ferms, kanes, customs and other duties of the lands and lordship of Stirling granted by the deceased King William and Queen Mary, of the date at Kensington, 8 February 1690, to John [Erskine], earl of Mar for the space of fifteen years after the term of Lammas [1 August] 1689 and, thereafter, until the same should be recalled and discharged, the said earl paying to their majesties and their royal successors the tack duty therein mentioned at the term specified therein with a ratification and prorogation of the said former tack, containing also a new tack of the said lands and lordship of Stirling for the space of ten years complete, after the ish and expiring of the former tack and thereafter until the same should be discharged, granted by the said deceased King William to the said earl of Mar for payment of the tack duty therein and after-specified at the time expressed therein and bearing date at Kensington, 12 January 1702 in the whole heads, clauses and articles thereof. But also without hurt or derogation thereto did, with consent foresaid, prorogate, extend and continue and of new in tack and assedation let all and whole the feu mails, ferms, kanes, customs and other duties of the said lands and lordship of Stirling to the said John, earl of Mar and Margaret, now countess of Mar, his spouse, then designed Lady Margaret Hay, eldest lawful daughter to Thomas [Hay], viscount of Dupplin, and the longest liver of them two during all the days of their or either of their lifetimes, and thereafter to the said John, earl of Mar his male heirs or assignees, for the space of nineteen years, and until the same is recalled and discharged, with power to the said John, earl of Mar and the said countess, his spouse, and longest liver of them, and after both their decease to the said earl his male heirs and assignees, to intromit with and uplift the said feu mails, feu ferms, kanes, customs and other duties of the said lands and lordship of Stirling during the space foresaid, and thereafter, as said is, paying for the same the said earl and countess of Mar, and longest liver of them two, to her majesty and her royal successors the tack duty of 10 merks Scots money on 17 July yearly, providing always that in case the said countess shall happen to survive the said earl before the expiring of the former tack the said new grant and assedation shall be effectual in her favour, and she preferred to the said feu ferms, feu mails, kanes, customs and other duties of the said lordship of Stirling, during all the days of her lifetime, to all other competitors or pretenders whatsoever, by which letter of tack the said John, earl of Mar is also exonerated and discharged of the bygone tack duty of the said lordship of Stirling resting preceding the date thereof. And it is declared that the said earl, his acceptation thereof, shall not be prejudicial to any right he has or shall happen to have to the said feu mails and others above-mentioned of the said lordship if any he shall be found to have, in manner fully expressed in the said tack, in all and sundry heads, articles, clauses, provisions and conditions of the same. And her majesty, with consent of the said estates of parliament, wills and grants and for her and her royal successors statutes and ordains, that the foresaid confirmation, prorogation and tack shall be good, valid and sufficient conforming to the tenor thereof to the said John, earl of Mar and Margaret, countess of Mar, his spouse, and longest liver of them two during their or either of their lifetimes, and thereafter to the male heirs or assignees of the said earl, for possessing and enjoying during the space foresaid, without any stop or impediment in so far as concerns her majesty's interest in the foresaid feu mails, ferms, kanes, customs and other duties of the said lands and lordship of Stirling, and declares that the said confirmation, prorogation and tack shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as effectual to all intents as if every word of the foresaid confirmation, prorogation and tack were inserted herein, with the which and with all other objections that can be proposed against the validity of this ratification and rights hereby ratified her majesty, with consent foresaid, has dispensed and hereby dispenses for ever. Extract.
[1705/6/131]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and confirms a letter of gift and commission granted by her majesty under the great seal to and in favour of Lord Charles Kerr, therein designed second lawful son to the deceased Robert [Kerr], marquis of Lothian, dated at Bath, 4 September 1703, whereby her majesty, for the causes therein specified, did nominate, constitute and ordain the said Lord Charles Kerr sole and only director of her majesty's chancellory in this her ancient kingdom of Scotland, during all the days of his lifetime, and gave and granted to the said Lord Charles Kerr the said place and office during the space foresaid, with the whole privileges, fees, profits, casualties and emoluments whatsoever pertaining, or that are known to appertain thereto, with full power to him to exercise the said office during the space foresaid, and to nominate and appoint deputes and other servants under him for whom he shall be answerable, and to write, register and extract all brieves, retours, tutories, charters, gifts, patents, precepts and other writs of whatsoever nature pertaining to the said office, and to keep the testimony of the great seal and append the same to all precepts, commissions, tutories and other writs in use to be sealed therewith, according to the custom and privilege of the said office, and also to uplift, intromit with and receive the whole fees, salaries, casualties, profits and emoluments whatsoever pertaining or that are known to appertain thereto, and to possess and enjoy the whole dignities, liberties, privileges and profits of the same as fully and freely in every respect and condition as the deceased Sir William Kerr or Sir John Scott, or any other directors of the said office of chancellory possessed or in any time bygone could have possessed the same, and declared that the generality of the said gift and commission should be as valid and effectual, to all intents, as if every particular relating to the said office were therein inserted, as the said gift and commission of the date foresaid, containing therein her majesty's promise to ratify the same in parliament, fully bears, in the whole heads, articles, clauses, tenors and contents of the same. And her majesty, with consent of the said estates of parliament, does hereby declare, discern and ordain that this present general ratification shall be as valid, effectual and sufficient and of as great force, strength and effect to all intents and purposes to the said Lord Charles Kerr, during the space foresaid, as if the said letter of gift and commission were herein word by word inserted, with the which and with all faults, nullities and imperfections of the same her majesty and the said estates of parliament dispensed and by these words dispenses for ever. Extract.
[1705/6/132]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under her majesty's great seal of the date at St James's, 15 May 1702, granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer for the time, to the deceased Mr William Hamilton, eldest lawful son of the late Lord Basil Hamilton, and to his heirs and assignees whatsoever heritably and irredeemably, of all and sundry the lands, baronies, mills, woods, fishings and others after-mentioned. All and whole the lands of Baldoon and Clauchrie, with the manor place of Baldoon, houses, biggings, yards, orchards, outsets, insets, parts, pendicles and entire pertinents of the same, with the salmon fishings and other fishings in the water of Bladenoch used and wont. All and entire the twenty merk land of Kirkinner lying contigue, comprehending the lands of Milton with the mill thereof called Milldriggan, multures and sequels of the same, and the lands of Skate, Kirriemainoch,† Cruck† and Little Hills, with houses, biggings, yards, pasturages, parts, pendicles and whole pertinents thereof; all and entire the kirklands of Kirkinner, with houses, biggings, yards, parts, pendicles and pertinents of the same; and all and whole the lands of Kirriewhirne,† with houses, biggings, yards and pertinents, all lying in the parish of Kirkinner and sheriffdom of Wigtown. All and entire the twenty merk land of Itoun,† comprehending the five merk land of Skellarie and Boigcroft,† the five merk land of Balfern, the five merk land of Stewarton and five merk land of Orchardton, with houses, biggings, yards, orchards, annexes, connexes, dependencies and pertinents thereof whatsoever, lying within the parish of Kirkinner and sheriffdom of Wigtown foresaid. All and entire the ten merk land of Lybrack,† with houses, biggings and pertinents thereof, lying in the parish and sheriffdom foresaid. All and entire the lands of Kilsture, Cleuch and Blair, with the corn and waulk mill of Blair, mill lands, multures and sequels of the same, lying in the parish of Sorbie and sheriffdom above-mentioned. All and whole the ten merk land of the Kirklands of Wigtown, with all the houses, biggings, yards, orchards, parts, pendicles and pertinents thereof, lying in the parish and sheriffdom of Wigtown, and all and whole the lands of Culquhirk, with houses, biggings, yards, tofts, crofts, parts, pendicles and pertinents, lying in the said parish and sheriffdom of Wigtown. And also, all and sundry the lands, baronies and others after-mentioned, lying in the stewartry of Kirkcudbright, namely all and entire the lands of Kirkdale and Broch, with houses, biggings, yards, woods, parts, pendicles and pertinents thereof, lying in the parish of Kirkdale now annexed to Kirkmabreck, otherwise called Ferrietoun and stewartry foresaid. All and whole the lands of Auchengassel, and all and sundry the lands of Kirkchrist and the temple crofts of the same, the lands of Merse and the old Mill of Kirkchrist, mill lands, multures and sequels thereof, with the jurisdiction and office of bailiary of the said lands, lying in the said stewartry. All and entire the lands of Borness, with houses, biggings and pertinents. All and entire the lands of Nuntown and Bishopton and [...] with the mill and salmon fishings and other fishings upon the water of Dee apprised at the instance of Sir David Dunbar from William Brown of Newton. All and entire the lands of Bamangan† with the islands of Meikle and Little Ross and their whole pertinents, lying in the parish of Kirkanders and stewartry above-written, and all and entire the lands of Culcaigrie and lands of Trostrie, with houses, biggings, yards and pertinents, lying in the parish of Twynholm and stewartry foresaid. And also all and whole the lands and barony of Twynholm comprehending the lands and others after-mentioned, namely, all and entire the manor place, tower and fortalice of Twynholm, alias Compston, with houses, biggings, yards, woods, parks, parts, pendicles and pertinents. All and entire the mains of Twynholm, lying contigue to the manor place, commonly called the Boirland of Compston, with the salmon fishings upon the water of Dee pertaining to [...] of Twynholm. All and entire the lands of Over Compston, with the pertinents. All and whole the lands of Kempleton, mill thereof, mill lands, multures and sequels of the same; the lands called Ingleston as a part and pertinent of the said barony; the lands of Blackmark alias Merks; the lands of Overmaines in Twynholm, alias Old mains; the lands of Glengep; the lands of [...] with the mill and mill lands, multures and sequels thereof; the lands of Belmacample,† alias Campbelton, with all other lands in the said barony of Twynholm, by whatsoever name or designation the same are known, with all and sundry houses, biggings, yards, mosses, muirs, meadows, pasturages, tenants, tenantries and service of free tenants of the said whole lands and baronies, with the advocation, donation and right of patronage of the kirk and parish of Twynholm. All and entire the lands of Balcarry, with the pertinents, lying in the parish of Rerrick, alias Dundrennan and stewartry foresaid. All and entire the lands of Overlaw, with houses, biggings, yards and pertinents, lying in the same parish. All and whole the lands of Balig, and all and whole the lands of Culnaightrie, Hazelfield and Drungans, with houses, biggings, yards, parts, pendicles and pertinents, lying in the said parish of Dundrennan and stewartry above-mentioned. And all and entire the lands and barony of Bombie, comprehending the lands, houses, mills, woods, pasturages, fishings and others after-specified namely, all and whole the lands of Bombie, with the mill called the mill of Bombie, multures and sequels of the same, woods, fishings and shaws thereof. All and entire the castle or manor place of Kirkcudbright, situated at the east end of the town of Kirkcudbright, with houses, biggings, yards, orchards and pertinents. All and entire the lands of Lochfergus; the lands of Auchinflower; the lands of Blackstockarton and Burnsidecroft; the lands of Littlestockartoun;† the lands of Brockloch and Whitecloss,† Whinnieliggate and Redbrae; the lands of Meikle Sypland; the lands of Little Sypland; the lands of Gribdae; the lands of Merks and Kilbride; the lands of Jordanland, Bettland† and Glenlay. All and entire the lands of Gorgrego† and Corriedow, lying in the parish of Balmaclellan, and all and whole the lands of Polmaddie, with the mills, mill lands, multures and sequels thereof, lying in the parish of Kells and stewartry foresaid. All and entire the lands of Borness; the lands of Chapleton and lands of Barmagechan. All and entire the lands of Plumtoun,† with mills, multures, woods, fishing and pertinents, lying in the united parishes of Kirkanders and Borgue. All and entire the lands of Auchleand, Milnthird and Low Arkland, with houses, biggings, mills, woods, fishings and pertinents of the same, lying in parish of Kirkcormac† and stewartry above-specified, and all formerly united and erected in one barony called the barony of Bombie. All and entire the lands of Balgreddan, with houses, biggings and pertinents, lying in the said parish and sheriffdom of Kirkcudbright. All and whole the lands of Littlekirkland. All and entire the lands of Meiklekirkland, with the jurisdiction and office of bailiary of the said lands. All and entire the lands of Grange and cottages thereof, and all and whole the lands of Mutehill, and all and whole the Milton of Dunrod, and all crofts pertaining thereto, and all and entire the mill of Dunrod, mill lands, multures and sequels thereof and all crofts thereto belonging, and all and whole the Kirklands of Dunrod, houses, biggings, crofts and pertinents of the same, and specially these crofts called Tonguecroft, Soulter slack croft and Glonancroft. All and entire the lands of Little Gatwa and lands of Meikle Gatwa, the lands of Knockovergatwa,† lying in the parish and stewartry foresaid, and all and whole the mill of Kirkcudbright called the town-mill, with the mill lands, astricted multures and other multures, bannock and sequels of the same. All and entire the lands of Culdoch and Carse of Culdoch, with houses, biggings, yards, fishings, crofts, fisheries and whole parts, pendicles and pertinents of the same used and wont. All and entire the lands of Drummore and Balsire, and the lands of Mulloch and Girstingwood, within the said stewartry, formerly pertaining to John Ewart and adjudged from him at the instance of Robert Rutherford and conveyed to Sir David Dunbar of Baldoon, or to some other for his use, and all and whole the lands of Airieland and all and whole the lands of Netherthird, with the whole houses, biggings, woods, fishings, parts, pendicles and pertinents of the same, lying in the parish of Kirkcormac† and stewartry foresaid. And also all and entire the lands and barony of Newark containing and comprehending the five merk land of Ingliston, the lands of Lag, the lands of Ruchtill,† the lands of Routin Bridge, the lands of Dalquhairn, the lands of Hallhill, the lands of Newark, the lands of Brae, the lands of Gateside, the lands of Cludan, with the corn and waulk mills of Newark and the manor place of the said lands and barony, houses, biggings, yards, orchards, outsets, insets, tenants, tenantries, woods, fishings, advocation, donation and right of patronage of the kirk and chaplainry thereof, parts, pendicles and whole pertinents of the same, lying within the parish of Irongray and stewartry of Kirkcudbright, which formerly pertained to Robert Graham, late provost of Dumfries, and were apprised and adjudged from him at the instance of David Dunbar, younger of Baldoon, with all right, title and interest which her majesty had, has or in any way may have claim or pretend to the foresaid lands. By which charter her majesty, with consent foresaid, did also give, grant and convey in favour of Lady Mary Hamilton, widow of the said deceased Lord Basil, and to her heirs and assignees during all the days of her lifetime for her liferent use only, all and whole a yearly liferent of 8,000 merks Scots money free of all public burdens yearly, to be uplifted and taken at two terms in the year Whitsunday [15 May] and Martinmas [11 November] by equal portions beginning the first term's payment at the term of Martinmas preceding the date of the said charter, which was the first term following the decease of the said Lord Basil and, thereafter, yearly and termly during her lifetime, furth of all and whole the lands of Baldoon and Clauchrie and furth of the other lands, fishings, acres and others therein mentioned or furth of any part or portion of the same, and also the liferent use of the manor place of Baldoon, with office, houses, yards and orchards pertaining thereto, free of all public burdens in manner fully expressed in the said charter, which proceeds on the several adjudications therein mentioned obtained against the said Lady Mary Hamilton formerly designed Lady Mary Dunbar, as lawfully charged to enter heir to the said deceased Sir David Dunbar of Baldoon, her grandfather, and the said late David Dunbar, younger of Baldoon, her father, and who had renounced to be heir to them, and which adjudications were conveyed in the person of the said deceased Mr William Hamilton, as is at length mentioned in the said charter, and also proceeds on the resignation of the said late Lord Basil Hamilton in manner specified therein, whereby also, all and sundry the lands, baronies, mills, woods, fishings and others above-written are all of new given and conveyed to the said Mr William Hamilton, his heirs and assignees foresaid, and it is declared lawful to them to possess the lands and others foresaid by virtue of all or any of the rights and titles therein mentioned then in his person or which he should thereafter acquire and that conjunctly or severally, the one without prejudice of the other as they shall think fit. By which charter also, her majesty annexed, created and incorporated the said whole lands of Baldoon and Clauchrie, with the salmon fishings and other fishings in the water of Bladenoch used and wont, and all and whole the said twenty merk lands of Kirkinner, with the said lands of Kirriewhirne, the said ten merk land of Kirkland of Wigtown, the said ten merk land of Lybrack and the said twenty merk land of Kilsture, Cleuch and Blair, with all their houses, biggings, woods, mills, fishings and pertinents, in one whole and free barony to be called the barony of Baldoon. And likewise united, annexed, created and incorporated all and sundry the lands of Kirkdale, Balmangan, Meikle and Little Ross and Culcraigie, and all and whole the castle, tower and fortalice of Twynholm, alias Cumpston, with houses, biggings, yards and pertinents; all and whole the mains of Twynholm, lying contigue to the castle, commonly called the Boreland of Cumpston, with salmon fishings in the water of Dee pertaining to the said lands of Twynholm, the lands of Over Cumpston, the lands of Kempletoun, mills, mill lands, multures and sequels thereof; the lands called Ingliston; the lands of Blackmarks; the lands of Overmains of Twynholm; the lands of Glengeps; the lands of Fassock;† the mill called the Old mill; the lands of Belmacamble, alias Campbelton; all and entire the lands of Gorgrego, Corriedow and Polmaddie; the lands of Balmagrechan; the lands of Borness, Campbelton and Plumtoun, with all their mills, multures, fishings and pertinents, upon the west side of the water of Dee, in another whole and free barony to be called now and in all time coming the barony of Cumpston. And likewise united, annexed, created and incorporated all and entire the lands of Bombie, with the mill called the mill of Bombie, mill lands, multures, sequels, woods, fishings and pertinents of the same; all and whole the castle, tower, fortalice and manor place of Kirkcudbright, with houses, biggings, yards, orchards and pertinents thereof; the lands of Lochfergus and Auchinflower; the lands of Blackstockartoun; the lands of Littlestockartoun; the lands of Brackleich† and Whitecloss; the lands of Meikle and Little Sypland; the lands of Gribdae; the lands of Balgreddan; the said lands of Auchleand and Milnthird, the manor place, mill and pertinents of the said lands of Arkland; the said ten merk land of Netherthird and Arieland; the lands of Barclay, all lying in the stewartry of Kirkcudbright, in another free barony to be called in all time coming the barony of Lochfergus, ordaining the manor place of Baldoon to be the principal messuage of the said barony of Baldoon, the castle of Cumpston to be the principal messuage of the said barony of Cumpston and the old castle of Lochfergus to be the principal messuage of the said barony of Lochfergus, and one sasine of the said several baronies to be taken at the said several messuages to be sufficient for the whole lands and others respectively foresaid, united as said is, although the same does not lie contigue, to be held of her majesty for herself, and as come in place of the bishops of Galloway and Dunblane, dean and subdean of the chapel royal respectively, and of her successors in manner expressed in the same charter, whereby her majesty, with consent foresaid, likewise willed, granted, discerned and ordained that, albeit it should happen the twenty merk land of Kirkinner comprehending, as said is, and the foresaid lands of Skellarie and Boigcroft, Lybrack, Kilsture, Cleuch and Blair and the foresaid lands and others lying in the barony of Twynholm now called Cumpston, and the barony of Bombie now called Lochfergus, comprehending the lands and others above-written, as well now annexed thereto as formerly pertaining to the same, to fall by reason of ward, non-entry or either of them in the hands of her majesty or her successors, yet it should be rightful to the heirs and successors of the said Mr William Hamilton to possess and enjoy and uplift the rents of all and sundry the foresaid lands and baronies, with the pertinents, during the said ward and non-entry or either of them, paying always for the said twenty merk land of Kirkinner comprehending, as said is, and for the said lands of Skellarie and Boigcroft, and the lands of Lybrack, Kilsture, Cleuch and Blair, during the said ward and non-entry or either of them, the sum of £220 Scots money yearly, at two terms in the year Whitsunday and Martinmas by equal portions, with the like sum for the relief of the said lands when the same shall happen; and for the said lands and barony of Twynholm, alias Cumpston, comprehending the whole lands and others above-mentioned contained in the said barony during the time of the said ward and non-entry or either of them, the sum of £200 Scots money yearly at the said two terms by equal portions, with the like sum for the relief of the same lands when the same shall happen; and also, for the said lands and barony of Bombie, now called Lochfergus, comprehending the lands and others above-mentioned during the said ward and non-entry or either of them, the sum of £480 Scots money yearly, at the said two terms by equal portions with the like sum for the relief of the same lands whensoever the same shall happen, and also the heirs of the said Mr William Hamilton, paying the sum of £1,800 money foresaid for the marriage of every heir or heirs that shall fall out. To which sums respectively the foresaid duties of ward, relief, non-entry and marriage are taxed and for payment of which several sums, as said is, the same duties and the rents and profits of the same lands and baronies held ward in manner foresaid for all years and terms, the same should fall in her majesty's hands, are conveyed and assigned to the heirs and assignees of the said Mr William Hamilton in manner more fully expressed in the said charter. By which also it is declared lawful to the heirs and successors of the said Mr William Hamilton and his foresaid to obtain themselves at any time of their age entered served, retoured and infeft as heirs to their predecessors, in all the lands, baronies and others foresaid held ward, notwithstanding of the foresaid ward and non-entry and the minority of the said heirs, and the said services, retours and infeftments are declared as sufficient as if expedited after the said heirs their age of twenty-one years complete, or by virtue of particular dispensations, and the several rights and infeftments granted to the said deceased Sir David and David Dunbar, elder and younger of Baldoon, and to the said Lord Basil, Mr William and Lady Mary Hamilton respectively, are confirmed as the said charter fully bears. And her majesty, with consent of the said estates of parliament, does also ratify, approve and perpetually confirm the precept of sasine contained in the said charter and infeftments following and competent to follow on the same, in all and sundry heads, articles and clauses of the said charter, precept and infeftments and wills and grants and, for her and her royal successors, statutes and ordains that the said charter and infeftments thereon shall be, in so far as concerns her majesty's right and interest, good, valid and sufficient conforming to the tenor of the same to the heirs and successors of the said deceased Mr William Hamilton, and to the said Lady Mary Dunbar for their several interests above-mentioned, and that the same shall never be quarrelled or revoked by her majesty or her successors, and that this present ratification shall be, to all intents and purposes, as effectual and sufficient as if every word of the said charter, precept and infeftments were inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification and of the rights hereby ratified, her majesty, with consent foresaid, does hereby dispense forever. Extract.
[1705/6/133]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratified, approved and perpetually confirmed and does, by these words, ratify, approve and perpetually confirm a charter under the great seal of the date at Kensington, 29 April 1704, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, and proceeding on the resignations and other conveyances therein mentioned, to and in favour of Sir William Anstruther of that ilk, one of the senators of the college of justice, and the male heirs lawfully procreated or to be procreated of his body, which failing to his heirs of tailzie and provision, to be named by him in manner therein specified, and failing of them to his heirs and assignees whomsoever heritably and irredeemably, of all and whole the lands, town and barony of Anstruther, office of bailiary of the whole lordship and barony of Pittenweem and privilege of commonty on the common muir thereof, and of the several other lands, teinds, mills and others expressed in the said charter, with all other lands and others whatsoever pertaining to the said barony of Anstruther and united thereto by the old rights and infeftments of the same. And also, of all and entire the lands and barony of Ardross, comprehending the lands and others therein mentioned, and of all and whole the lands and barony of Elie, with the burgh of barony, port and harbour of Elie, and whole customs, anchorages, tolls, privileges, liberties, casualties, profits, commodities and powers particularly specified by the said charter, and specially of keeping and holding in the said burgh a weekly market and two yearly fairs upon the days therein expressed, and of the office of searcher of all prohibited and uncustomed goods coming to or going from the said burgh of Elie or port thereof, and of the town and lands of Carmuirie† and several other lands, mills, patronage and others contained in the said charter, all formerly united in a whole and free barony called the barony of Ardross in manner therein mentioned. And likewise, of all and entire the east half of the town and lands of the Newton of Rires, and of all and whole the lands and barony of Dairsie, and likewise of all and entire the superiority of these parts and portions of the lands of Innergelly, sometime pertaining to the abbacy of Dryburgh, and of the superiority of a house and three acres of land in Anstruther, sometime also belonging to the said abbacy, with the feu duties payable furth thereof, together with the patronage of the kirk of Kilrenny and kirklands thereof, and of several other lands, patronages and others specified in the foresaid charter, all lying within the sheriffdom and stewartry of Fife respectively. All which are, by the said charter, of new conveyed to the said Sir William and his foresaids, and of new united and erected in a whole and free barony to be called the barony of Anstruther, for which one sasine by deliverance of earth and stone at the manor places of Anstruther or Elie, or any other part of the said lands, is ordained to be sufficient in manner mentioned in the same charter, which contains a disposition and ratification of the offices of one of her majesty's carvers and masters of household to the said Sir William and his male heirs succeeding in his lands of Anstruther, and a gift of the office of heritable and perpetual searchers of prohibited and uncustomed goods within the burghs of Anstruther and Elie and ports of the same, with power to intromit therewith and of keeping courts for examining thereon, and also of having a cocket in the said burghs, with privilege of the seals of the same and of appointing keepers and clerks of the said cockets and seals, with the whole fees, casualties, privileges, casualties and powers belonging to the said several offices and expressed in the said charter, to be held of her majesty for payment of the feu duties of victual, capons and poultry or prices thereof specified therein of the other feu, blench and other duties mentioned in the same, whereby also the ward, non-entry, relief and marriage of the heirs which were due and payable for the foresaid lands and barony of Anstruther and the lands of Bruntshiels and Muircambus, with the pertinents, together with the respective duties to which the said ward, non-entry, relief and marriage were taxed, and all other profits and casualties of the same, are given and conveyed to the heirs, successors and assignees of the said Sir William Anstruther succeeding to him therein, and further the holding of the said lands is changed from taxed ward to blench, and the serving, retouring and infefting therein the heirs and successors of the said Sir William at any time of their age, notwithstanding of their minorities, is allowed and dispensed with, and also the several rights and conveyances of the lands and others foresaid are confirmed in manner fully therein set down. And her majesty, with consent foresaid, does also ratify, approve and perpetually confirm the precept of sasine contained in the foresaid charter, with the instrument of sasine following thereupon, in all and sundry points, articles, clauses and provisions of the said charter, precept and sasine. And her majesty, with advice and consent foresaid, statutes and ordains that the foresaid charter with the precept therein contained and infeftment following thereupon are and shall be conforming to the tenors of the same, good, valid and sufficient rights to the said Sir William Anstruther and his foresaids for possessing and enjoying the lands, offices and others thereby conveyed, without any impediment in so far as concerns the interest of her majesty or her royal successors, and declares that the same shall never be quarrelled nor revoked by her majesty or her foresaids and that this present ratification is and shall be as valid and effectual, to all intents, as if every word of the said charter, precept and sasine were at length inserted herein, with the which and with all other objections that may be proposed against the validity hereof or of the writs hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses forever. Extract.
Lord Archibald Campbell, in name of her majesty's commissioner the duke of Argyll, protested against the said ratification, that it should not prejudge him of his office of master of household to her majesty.
Sir Robert Forbes [of Learney], in name of the royal burghs, protested against the burgh of Elie having by the charter ratified the same privileges as royal burghs.
[1705/6/134]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratified, approved and perpetually confirmed and does, by these words, ratify, approve and perpetually confirm a charter under the great seal of the date at St James's, 12 May 1702, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, to Mr Robert Stewart of Tillicoultry, one of the senators of the college of justice, and his heirs and assignees whomsoever heritably and irredeemably, of all and entire the lands and barony of Tillicoultry, comprehending therein the several lands, teinds, acres, mill, burgh of barony, weekly markets, yearly fairs and others particularly expressed in the same charter, and of all and sundry the mines and minerals of gold, silver, copper, tin, lead and others whatsoever within the said lands, barony and others, and within all the bounds mentioned in the rights and infeftments thereof, as for the principal, and of the lands and barony of Duncrub and others particularly therein mentioned in special warrandice and security of the foresaid lands, barony, teinds and others principally conveyed, as said is, which charter proceeds on the several resignations, decreets of sale and adjudication, and other conveyances therein specified and contains a new gift and disposition of the same whole lands, baronies and others foresaid, principal and warrandice, with a confirmation of all contracts, dispositions, charters, sasines and other rights of the lands and others foresaid, generally and specially therein set down, made and granted in favour of the said Mr Robert Stewart and his foresaids, and of his predecessors and authors and a dispensation for taking one sasine of the whole lands and others foresaid, principal and warrandice, by delivery of earth and stone at the manor place, or any other part of the said lands and barony of Tillicoultry, which sasine is by the said charter declared as sufficient for the said whole lands, as well principal as warrandice, with the mills, woods, fishings, teinds, coals, coalheughs, mines, minerals, burgh of barony and others particularly therein mentioned, with the pertinents, as if a particular sasine were taken upon every part and portion of the same, notwithstanding that they lie discontigue, to be held of her majesty and her successors in manner expressed by the said charter, for payment of the feu, blench and other duties specified therein, whereby also the marriage of the heirs and assignees of the said Mr Robert Stewart payable for the said lands and barony of Tillicoultry, is given and conveyed to him and his foresaids for payment, to her majesty and her successors, of the sum of £200 Scots money† as often as the same shall fall, to which sum, her majesty did by the foresaid charter tax the said marriage in all time coming. And further, her majesty, with consent foresaid, did, by the same, declare and ordain that it should be rightful and lawful to the said Mr Robert Stewart, his heirs and assignees to alienate and convey irredeemably or under reversion the lands and others foresaid, as well principal as warrandice, or any part thereof, and to grant annuities and infeftments of annualrent without consent of her majesty or her successors, notwithstanding of any clauses for not alienating or any other prohibitory or irritant clauses and conditions contained in the rights and infeftments thereof, which clauses for not alienating and all others prohibitory and irritant services and performances, if any be, contained in the rights and infeftments of the said lands and baronies, with all casualties and other benefits which may in all time coming accrue and redound by virtue thereof to her majesty and her royal successors, are by the foresaid charter renounced in favour of the said Mr Robert Stewart and his foresaids, as is more fully expressed therein. And our said sovereign lady, with consent of the said estates, does hereby also ratify, approve and perpetually confirm the precept of sasine contained in the said charter and the instrument of sasine following thereupon, in all and sundry heads, points, articles and clauses of the said charter, precept and sasine, and wills and grants, statutes and ordains that the foresaid charter, with the infeftment thereon, are and shall be, conforming to the tenors of the same, good and sufficient rights to the said Mr Robert Stewart and his foresaids for possessing and enjoying the lands and others therein-mentioned, without any stop or impediment in so far as concerns the interest of her majesty or her royal successors, and declares that the same shall never be quarrelled by her majesty or her said successors. And also statutes and ordains that this present ratification of the same shall be, to all intents, as effectual as if the foresaid charter, precept and instrument of sasine hereby ratified were word by word inserted herein, with the which and with all other defects and imperfections that may be alleged against the validity of this present ratification or of the foresaid writs hereby confirmed, her majesty, with consent foresaid, did dispense and hereby dispenses for ever. Extract.
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Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms the commission and gift under her majesty's privy seal in favour of Daniel Stewart, brother german to Sir William Stewart of Castlemilk, whereof the tenor follows.
Anne, 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 great advantages which does accrue to our ancient kingdom of Scotland by a free coinage therein, and that, by the twenty-fourth act of the second session of the first parliament of the late King James VII, our royal father, there was granted to his said late majesty and forever annexed to our imperial crown of our said kingdom, 12s Scots in place of each ounce of bullion formerly imposed by the eighth act of the first session of the second parliament of King Charles II, upon the several commodities therein-specified, for defraying the charges of a free coinage, paying the salaries of the mint and other uses therein-mentioned, which imposition and grant is by the collectors, tacksmen, cash-keepers or receivers and their deputes to be kept apart by itself from all other customs and revenues in a secure chest, whereof the general or master of the mint is to have one key and the cash-keeper and receiver another, and not to be opened without the general or master of the mint aforesaid being present and to be applied to the use of the said mint only. And we, graciously considering that the foresaid imposition was promiscuously mixed with others of our revenues by the collectors thereof, and that considerable sums thereof were ordered to be paid for other uses and ends than it was appointed for by the said act, therefore, and for preventing the like misapplication hereafter, we thought not only convenient but necessary to appoint a general receiver, collector and cash-keeper of the said imposition for receiving of the same from the tacksmen, farmers and collectors of the customs and others liable in payment thereof who should keep the said money in a secure chest and also a key of the said chest, conforming to the method prescribed by law. And we, understanding that the said office of receiver-general, collector and cash-keeper of the said imposition is now vacant in our hands and at our gift and disposition through the decease of our royal brother King William, and we being sufficiently informed of the fidelity, loyalty and good qualifications of Daniel Stewart, brother german to Sir William Stewart of Castlemilk, and his fitness for discharging the said trust, therefore, witness you our own proper motive and with advice and consent of our right trusty and right well beloved cousins and councillors James [Ogilvy], earl of Seafield, lord high chancellor of our said kingdom, James [Douglas], duke of Queensberry, principal secretary of state for our said kingdom, Archibald [Campbell], [late] duke of Argyll, Hugh [Campbell], earl of Loudoun, Alexander [Montgomery], lord Montgomery, Adam Cockburn of Ormiston, lord treasurer depute, and Mr Francis Montgomery of Giffen, lords commissioners of our treasury, comptroller and treasury of new augmentations of our said kingdom, and also with advice and consent of the remaining lords and other commissioners of our exchequer within the same, to have nominated and appointed, moreover we, by these words, make, nominate and appoint the said Daniel Stewart receiver-general, collector and cash-keeper of the said imposition during our pleasure only, giving, granting and conveying to the said Daniel Stewart, during the space foresaid, the said place and office of receiver-general, collector and cash-keeper of the said imposition, with the yearly fee and salary of £50 sterling money to be paid to him out of the first and readiest of the fund appointed for paying the fees and salaries of the officers of our said mint, together also with the whole fees, profits, benefits, casualties, and privileges belonging or that shall be known to appertain and belong thereto, with all other freedoms, easements, emoluments, accommodations and immunities proportionally which are allowed to the other officers of our said mint, as well not named as named, excepting always what is prohibited and innovated by the standing laws relative to the mint, together also with convenient and suitable lodgings within the said mint house for the said Daniel Stewart and his family, to be assigned to him by the general thereof. And we command the said yearly fee and salary of £50 sterling money to be punctually paid to the said Daniel Stewart out of the foresaid fund yearly, termly and quarterly as is paid to the other officers of our said mint, the first term's payment thereof beginning at the feast and term of Candlemas [2 February] next to come and so furth to continue yearly, termly, quarterly and continually thereafter during the space foresaid, with full power to the said Daniel Stewart, as receiver-general, collector and cash-keeper of the said imposition, and to such as he shall appoint for whom he shall be answerable, to receive, intromit with and uplift the said imposition from the several tacksmen, farmers and collectors of our customs over all our said kingdom, and from all others liable in payment thereof, who are also hereby required to make payment of the same to the said Daniel Stewart, not only what is due and payable at the term of Martinmas [11 November] next but also of what is resting unpaid, and not yet put in the said chest, conforming to the act of parliament of all years and terms bygone and in time coming, and to put the same duly in a secure chest and to keep the key thereof, which was formerly kept by the general of the mint or by the said Daniel Stewart or Mr William Spence, former collectors of the said imposition, and that during the whole space and time of this present commission. Also, requiring hereby the said Daniel Stewart to observe and obey all such orders, directions and instructions which shall be given to him from time to time conforming to the tenor of the said act of parliament as to† receiving, bringing in and uplaying of all sums arising from the said imposition, and to make just account and reckoning of all his intromissions therewith to the said lords commissioners of our treasury, lord high treasurer and treasurer depute for the time, being yearly, termly, quarterly and so often as he shall be thereto required. Commanding, likewise, the general of our said mint to receive and admit the said Daniel Stewart in the usual manner, and to assign to him and his family convenient lodgings within our said mint house. And lastly, we declare that we will ratify and confirm this present gift in the first session of our parliament to be held within our said kingdom. Given under our privy seal at our court at St James's, 31 December 1702 and of our reign the first year. By a signature in the hand of our supreme lady the queen written below and in the hands of the commissioners of the treasury and exchequer written below.
Written to the privy seal and registered 1 June 1703. Signed thus: William Alves, depute. Sealed at Edinburgh, 30 June 1703. Signed: Patrick Scott, in all and sundry the heads, points, articles and clauses thereof.
And her majesty, with consent foresaid, statutes and ordains the foresaid commission and gift to be, conforming to the tenor thereof, a good and sufficient right and title to the said Daniel Stewart for possessing and enjoying during the space therein-mentioned, the foresaid office of receiver-general, collector and cash-keeper of the above-written imposition, with the foresaid yearly fee and salary of £50 sterling, and all other fees, profits, casualties, freedoms, emoluments and immunities above-mentioned, together with the said lodgings in the mint house, as is above-expressed, dispensing hereby with all defects and imperfections of the said commission and gift and of this present ratification of the same. Extract.
[1705/6/136]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majesty, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of Scotland, dated at Kensington, 28 February 1695, granted by the deceased King William, with consent of the then commissioners of his treasury and exchequer, to Gideon Scott of Highchester, and the male heirs lawfully procreated of his body, which failing to the said Gideon Scott his other male heirs whatsoever, which also failing to his other heirs and assignees whatsoever, of all and entire the lands and barony of Minto, as well two parts as third part thereof, property and superiority of the same, with all and sundry castles, towers, fortalices, manor places, houses, biggings, yards, orchards, mills, mill lands, multures, woods, fishings, pasturages, annexes, connexes, tenants, tenantries and service of free tenants thereof, and of all and sundry the parts, pendicles and pertinents of the same whatsoever; and of all and whole the half of a merk land of the said lands of Minto, with houses, biggings, yards and pertinents thereof whatsoever, with the advocation, donation and heritable right of patronage of the parish kirk and parish of Minto and parsonage and vicarage teinds thereof, with the manse, glebe and kirklands of the same, and with the teinds, fruits, rents, emoluments and duties whatsoever pertaining and belonging thereto, with the power of presenting qualified and able persons to the said kirk and service of the cure thereof as often and so often as the same shall become vacant, in all time thereafter. And likewise, of all and entire the lands of Craigend and Deanfoot, with manor place, houses, biggings, yards, mosses, muirs, meadows, parts, pendicles and whole pertinents thereof, whatsoever with that piece of grass ground of the mains of Minto, lying between the dike called the Horseward and house of Craigend, together with the privilege of commonty and common pasturage and of casting, winning and leading away peats, fuel and divots furth and from the common moss and commonty of Minto, all lying within the barony of Minto and sheriffdom of Roxburgh, and all formerly united and incorporated in a whole and free barony called then and in all time thereafter to be called the barony of Minto, declaring that one sasine to be taken by the said Gideon Scott, his heirs and assignees foresaid, in all time thereafter at the said manor place of Minto should stand and be a sufficient sasine for all and sundry the said lands and barony of Minto and others above-written, with the pertinents, notwithstanding the same lie not contigue and together conforming to the charter granted by her majesty's said dearest brother the late King William to the said Gideon Scott thereupon. Which charter hereby confirmed proceeded upon the said Gideon Scott his own resignation and contains a new gift and disposition of the said lands and barony with a new erection of the said barony and a dispensation for taking one sasine therefore at the manor place of Minto, together with an erection of the town of Minto and pertinents in a free burgh of barony, with all the privileges, liberties and immunities whatsoever belonging to any burgh of barony within the kingdom of Scotland, with the power to the said Gideon and his foresaids of keeping thereat a weekly market every Wednesday, and two fairs yearly, one upon 14 June and the other upon 14 November, with the whole other privileges, rights and liberties, particularly and generally set down and contained in the said charter, to be held of his majesty and his successors in free heritage and free barony forever, as is fully expressed in the same charter, whereby the duties of ward, non-entry, relief and marriage formerly payable for the said lands and barony are taxed for payment of the sums respectively therein set down, and the heirs are allowed to enter thereto and be infeft therein, notwithstanding of their minorities. And also, ratifies and approves another charter under her majesty's great seal of Scotland, dated at Edinburgh, 4 August 1703, proceeding on the resignation of the said Gideon Scott and granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, to and in favour of Sir Gilbert Elliott of Minto, knight and baronet, one of the senators of the college of justice, then designed of Headshaw, in liferent during all the days of his lifetime and to Gilbert Elliott, his eldest son procreated between him and Dame Jean Carr, his spouse, and the male heirs of his body, which failing to the said Sir Gilbert himself and the male heirs to be procreated of his body, in this present or any other marriage, which failing to Robert Elliott of Midlem-mill and the male heirs of his body, which failing to such persons and heirs of provision one or more to be named by the said Sir Gilbert by a writ under his hand in liege poustie, and failing any such nomination or if the same be revoked, then to the said Sir Gilbert, his nearest heirs and assignees whomsoever, the eldest female heir always succeeding, without division, in fee heritably and irredeemably, and with and under the provisions, conditions, burdens, restrictions and irritancies particularly therein-mentioned, of all and whole the lands and barony of Minto, comprehending therein all and whole the lands of Minto, as well two parts as third part thereof, property and superiority of the same, with castles, towers, fortalices, manor places, houses, biggings, yards and others above-mentioned; all and whole the half merk land of the lands of Minto, with houses, biggings, yards, orchards and pertinents thereof, with the advocation, donation and heritable right of patronage of the parish kirk of Minto, with the teinds, parsonage and vicarage of the same, with the manse, glebe and kirklands thereof, and with the teinds, ferms, profits, rents, emoluments and other duties whatsoever belonging and pertaining thereinto, with power to present persons fit and sufficiently qualified to the said church and serving the cure thereof whensoever the same shall become vacant. And also, comprehending the lands of Craigend and Deanfoot, with the manor place, houses, biggings, yards, mosses, muirs, meadows, parts, pendicles and whole pertinents of the same whatsoever, with that piece of grass ground of the mains of Minto lying between the dike called the Horseward and the house of Craigend, together also with the town and burgh of barony of Minto, with the privilege of a weekly market every Wednesday, with two fairs yearly, the one upon 14 June and the other upon 14 November, to be kept and held thereat, with the whole tolls, customs, casualties and duties belonging thereto, and all rights, privileges, liberties and immunities of a free barony and burgh of barony mentioned and contained in the above charter in favour of the said Gideon Scott, to be held of her majesty and her highness's successors in manner above-specified, for payment of the taxed ward duties therein contained for the said lands, barony and others above-written during the time of the ward and non-entry thereof, and for the relief of the same and for the marriage so often as the same becomes vacant, together with the precepts of sasine contained in the said several charters and instruments of sasine respectively following thereon, in all and sundry the heads, clauses, articles, privileges, rights, circumstances and conditions therein-mentioned, as well expressed as not expressed, after the forms and tenors of the same in all points, with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and for her and her royal successors, statutes and ordains that the foresaid charters and infeftments thereon shall be good and sufficient rights conforming to the tenors of the same to the said Sir Gilbert Elliott, his son and their foresaids, for possessing and enjoying the said lands, barony and others above-written, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as valid, effectual and sufficient, to all intents and purposes, as if the foresaid charters, precepts and instruments of sasine following thereupon were herein word for word and at length inserted and engrossed, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.
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Our sovereign lady the queen's majesty, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of Scotland of the date at Kensington, 11 January 1700, granted by his late majesty King William, her majesty's royal brother, with consent of his commissioners of treasury and exchequer for the time, proceeding on the resignation of Sir Gilbert Elliott of Minto, one of the senators of the college of justice, then designed advocate and clerk to the privy council, to and in favour of the said Sir Gilbert Elliott, in liferent during all the days of his lifetime, and Gilbert Elliott, his lawful son, and the male heirs to be procreated of his body, which failing to the nearest and lawful male heirs of the said Sir Gilbert, which failing to the said Sir Gilbert his nearest and lawful heirs and assignees whatsoever, in fee heritably and irredeemably and under the conditions and reservations therein mentioned, of all and whole the lands of Headshaw, with manor place and dwelling house thereof, with the mill, mill lands, sequels and other duties of the same; and of all and whole the lands of Crawknow,† lands of Dryden and Clews,† houses, yards, orchards, mosses, muirs, meadows, outsets, insets, annexes, connexes and whole parts, pendicles and pertinents of the said lands respectively whatsoever, lying within the parish and barony of Ashkirk, regality of Glasgow and sheriffdom of Roxburgh. As also, her majesty, with advice and consent foresaid, ratifies and approves the new gift and disposition specified and contained in the said charter of the said entire lands and others above-written, together with the advocation, donation and right of patronage of the parish kirk and parish of Ashkirk, with all right his majesty or his predecessors had to the teinds, great and small, parsonage and vicarage of the said parish of Ashkirk, according to the laws and acts of parliament made anent patrons, gifted and conveyed by her majesty's said royal brother, in favour of the said Sir Gilbert and Gilbert Elliott and their foresaids, together also with the erection of the said whole lands, right of patronage and teinds in a free barony to be called, in all time coming, the barony of Headshaw, appointing the mansion house of Headshaw to be the principal messuage of the said barony, and that a sasine to be taken thereat shall be sufficient for the said whole lands and barony foresaid in favour of the said Sir Gilbert and Gilbert Elliott and their foresaids, with and under the provisions, conditions and reservations specified in the said charter, to be held of his majesty and his successors by the said Sir Gilbert and Gilbert Elliott and their foresaids, for payment of the sum of £15 6s 8d for the said lands of Headshaw, mill thereof and lands of Dryden, with the pertinents, and of the sum of 40s Scots for the lands of Crawknow and Clews in name of feu ferm, with 13s 4d in augmentation of the rental, and also for payment of 1d Scots money in name of blench ferm, if it be asked only, for the said barony and right of patronage of the said kirk of Ashkirk, and the teinds, parsonage and vicarage, of the parish thereof in manner fully expressed in the said charter, together with the precept of sasine therein contained and instrument of sasine following thereon, in all and sundry the heads, clauses, articles, privileges, rights, circumstances and conditions therein-mentioned, after the forms and tenors of the same in all points. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains that the foresaid charter and sasine thereon shall be good and sufficient rights conforming to the tenors of the same to the said Sir Gilbert Elliott, his son and their foresaids for possessing and enjoying of the said lands, barony and others above-written, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present ratification shall be as valid, effectual and sufficient, to all intents and purposes, as if the foresaid whole charter and precept with the instrument of sasine following thereupon, were herein word for word inserted and engrossed, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses forever. Extract.
[1705/6/138]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and confirms a tack expedited under her majesty's privy seal of the date at St James's, 15 May 1702, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, to David, earl of Leven, his heirs and assignees whatsoever, during the space of two nineteen years complete, beginning at the term of Whitsunday [15 May] 1702, of all and sundry the feu and teind duties payable to her majesty furth of all and whatsoever lands lying within the parishes of Dunfermline, Kinglassie and Newburn, which are parts and portions of the lordship and regality of Dunfermline, and which were formerly set in tack to the deceased Charles [Seton], earl of Dunfermline, which is now expired, excepting always the lands now belonging to [John Hamilton/Leslie], earl of Rothes in the parish of Kinglassie conforming to a tack set to him, and providing that the said tack hereby ratified shall not comprehend nor extend to the feu and teind duties that were possessed by the deceased John [Hay], marquis of Tweeddale as having right to a tack of the lordship and regality of Dunfermline set to the deceased earl of Dunfermline, of which feu and teind duties the said late marquis and John, now marquis of Tweeddale obtained a new tack from his deceased majesty. With full power to the said David, earl of Leven, during the foresaid space, to intromit with and uplift by himself and his factors in his name all and sundry the feu and teind duties thereby set, and to apply the same to his own proper use and behoof, and to raise and execute inhibitions for the said teinds yearly and, if need be, to call, follow and pursue therefore according to the law, with free ish and entry thereto, and with all other freedoms, commodities, easements, profits and righteous pertinents appertaining or that shall be righteously known to appertain thereto, as fully and amply as at any time before the said feu and teind duties were occupied and possessed by the said deceased earl of Dunfermline or any of his predecessors or successors by virtue of the tack therein mentioned, or any other tacks granted by her majesty's predecessors to them freely, quietly, well and in peace, without any revocation, obstacle or again calling whatsoever, providing that the granting of the foresaid tack hereby ratified, and the acceptation thereof by the said David, earl of Leven, shall in no way hurt, weaken or prejudge any former right or title which the said earl has to the parish kirk of Newburn as patron thereof or otherwise. But it shall be lawful to him to bruik and possess by virtue of both or either of the said rights at his pleasure, paying therefore yearly the said David, earl of Leven, his heirs and assignees foresaid, to her majesty and her successors and chamberlains in their names, the sum of £10 Scots money by name of tack duty at the term of Whitsunday yearly during the said tack, in manner more fully expressed therein, in all and sundry heads, articles and clauses thereof. And her majesty wills and grants, and for her and her royal successors statutes and ordains, the said tack to be a good, valid and sufficient right conforming to the tenor of the same to the said David, earl of Leven and his foresaids for possessing and enjoying the feu and teind duties thereby set during the space therein and above-mentioned, in so far as concerns the interest of her majesty, and with consent foresaid declares that the same shall never be quarrelled nor revoked by her majesty nor her successors in time coming, and that this present ratification shall be as valid and sufficient, to all intents, as if the said tack were word by word inserted herein, with the which and with all other defects and imperfections of this present ratification and of the said tack ratified hereby, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.
[1705/6/139]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, and estates of parliament presently convened by her majesty's special authority, have ratified and approved and hereby ratify and approve a charter expedited under her majesty's great seal, proceeding by warrant upon a signature under the hand of his majesty the deceased King William, of glorious memory, of the date at Kensington, 3 February 1702, granted with consent of the commissioners of treasury and exchequer for the time and proceeding upon the several decreets of adjudication, decreet of sale, resignations and other conveyances therein specified, in favour of lieutenant colonel, therein designed captain, William Maxwell of Brigadier Maitland's regiment, in liferent during all the days of his lifetime and William Maxwell, his eldest lawful son, and the male heirs to be procreated of his body, which failing to his other male heirs and of tailzie and provision, and to his other heirs and assignees respectively and successively therein mentioned, heritably and irredeemably in fee, with and under the provision, condition, power and faculty conceived in favour of the said Lieutenant Colonel William Maxwell and with and under the other conditions, provisions and restrictions respectively therein-expressed, of all and entire the lands and barony of Cardoness, comprehending the several towns, lands, mills, woods, fishings, rights of patronages, teinds, multures and others respectively therein-contained, and of the two merk and a half merk land of Killearn and the half merk land of Torr, with all their pertinents, all lying within the stewartry of Kirkcudbright as principal; and of the lands and baronies of Castle Stewart and Ravenstone, with their pertinents, in real warrandice. By which charter, their majesties, for the onerous causes and upon the considerations particularly and generally therein-expressed, were graciously pleased to erect these lands of the said barony called the Clachan of Anwoth and Marquocher,† with the crofts pertaining to the mains of Cardoness adjacent thereto, and the house of Cardoness called Ardwall or Bussavell,† adjoined with the whole houses, biggings, yards, tofts, crofts and other pertinents thereof belonging thereto, in a free burgh of barony to be called the burgh of Cardoness, at which they are empowered to keep a weekly market and four free fairs yearly on the days therein expressed, and to receive and dispose on the tolls and customs thereof, and also erected that part of the barony of Cardoness, lying upon the west side of the water of Fleet where the same falls into the sea, in a free port and harbour, giving to the said lieutenant colonel, his son and their foresaids, power to build the said harbour, with the several privileges and casualties therein specified. Which charter contains also a new gift and disposition of the said whole lands and baronies, principal and warrandice, and of the said burgh of barony, fairs, market and free port and harbour privileges and casualties of the same, with all right their majesties had or might pretend thereto, and a new erection of the said whole lands, burgh and others principally above conveyed, in a whole and free barony, to be called, as before, the barony of Cardoness, ordaining the castle and tower of Cardoness to be the principal messuage thereof, and one sasine to be taken thereat or upon the ground of any part of the said barony, by tradition of earth and stone, only to be sufficient for the entire foresaid principal lands, burgh of barony, free port and harbour, and also for the said lands and baronies, with the pertinents, conveyed in real warrandice, to be held of their majesties and their royal successors in free barony, burgh of barony, fee and heritage forever, for payment for the said principal lands of the taxed ward duties for the ward, non-entry, relief and marriage respectively contained in the former charter and infeftment thereof granted to the late Sir Godfrey MacCulloch of Myrton, taxing the said lands and whereby their majesties of new tax the same to the said former taxed duties, and dispenses with the entry of the heirs, notwithstanding of their minority, and for the said new erected burgh of barony, free port and harbour, fairs and markets, tolls and customs, a penny Scots money of blench duty yearly at the market cross of the said burgh, with due administration of justice; and for the warrandice lands, when the same shall fall in warrandice, the feu and blench duties and other duties and services contained in the former infeftments thereof in manner at length specified in the said charter and infeftment, together with the instrument of sasine following on the same, in the whole heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid will, grant and for them and their successors statute and ordain that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conforming to the tenors of the same, to the said Lieutenant Colonel William Maxwell, his son and their foresaids, for possessing and enjoying the said whole lands and barony principally conveyed and, in case of eviction, the said warrandice lands, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and that this present general ratification is and shall be as effectual and sufficient to the said Lieutenant Colonel William Maxwell, and his said son and their foresaids, in all time coming, as if the said charter under the great seal containing the foresaid erection had been duly passed and expedited under the great seal before the death of the late King William, and as if the same, with the instrument of sasine following thereupon, were herein particularly and word for word inserted and engrossed, with the which and with all other exceptions and objections that may be moved proposed or alleged against the validity of this present ratification, or rights thereby confirmed, her majesty and estates of parliament foresaid have dispensed and hereby dispense forever. Extract.
[1705/6/140]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Kensington, 28 April 1698, granted by the deceased King William, with consent of his commissioners of treasury and exchequer for the time and proceeding upon the resignation of the now deceased Thomas Forbes of Echt, in favour of Arthur Forbes, now of Echt, his eldest lawful son, in fee and to the male heirs of his body, which failing to return to the nearest and lawful male heirs of the said late Thomas, which all failing to his nearest and lawful heirs and assignees whatsoever, heritably and irredeemably under the provisions therein expressed, of all and whole the lands and barony of Echt, comprehending all and whole these six pound lands of old extent of Tillyfourie, old and new Wester Echts, with the mills of Tillyfourie, mill lands, multures, sequels and knaveships thereof, and the pendicles after-mentioned namely, Tillieoch,† Tilliboy, Wauchtundale,† Tilliechodie† and Broomhill, with the pertinents of the same, the ten shilling land of old extent called the West third part of the towns and lands of Finnercy, called the meikle and little Finnersies and Monecht,† with the pertinents, with the third part of the mill thereof, and third part of the mill lands, multures, sequels and knaveships of the same; the lands called Millhill of Echt, with houses, biggings, yards, tofts, crofts, parts, pendicles and their pertinents, all lying in the parish of Echt and sheriffdom of Aberdeen, with the mill, mill lands, multures, sequels and knaveships, houses, biggings, yards, outsets, insets, mosses, muirs, annexes, connexes, woods, fishings, tenants, tenantries, service of free tenants, parts, pendicles and whole pertinents of the said lands and others above-written, with free right of the forest where woods, parks and bogs were or shall happen to be within the said lands and barony, or any part thereof, together with the advocation, donation and right of patronage of the parsonage and vicarage of the kirk of Echt, and teinds, parsonage and vicarage, of the same, with the teinds, fruits, profits and duties belonging thereto and their pertinents. And also, all and entire that sunny third part of the towns and lands of Meikle and Little Finnercy and Monecht, with the pertinents, and the third part of the mill of meikle Finnersie, and of the mill lands, multures, sequels and knaveships thereof pertaining thereto, with all and sundry houses, biggings, yards, orchards, mosses, muirs, pasturages, tofts, crofts, outsets, insets, annexes, connexes, dependencies, parts, pendicles and all their pertinents, lying within the parish of Echt and sheriffdom of Aberdeen foresaid, and all united, erected and incorporated in a whole and free barony called the barony of Echt, conforming to the charter of erection thereof, granted to Arthur Forbes of Echt, deceased, in liferent and the said late Thomas Forbes, his son, in fee, under the great seal of this kingdom of the date at Edinburgh, 18 February 1676, whereby the manor place and house of Echt is ordained to be the principal messuage of the said barony and one sasine to be taken there is declared sufficient for the said whole barony, notwithstanding of its discontiguousness, in manner more fully specified in the said charter. All which lands, and others above-written, are by the foresaid charter hereby ratified of new, given and conveyed to the said Arthur Forbes in fee and to his heirs and others above-mentioned, heritably and irredeemably under the provisions therein specified, with all right, title and interest which her majesty, her predecessors or successors had, have or in any way may have thereto, or to any part thereof in manner more fully expressed in the said charter, whereby also the town of the mains of Echt, with all and sundry lands, tenements, cottages, houses, biggings, yards, orchards, muirs, meadows, marshes, tofts, crofts, parts, pendicles and pertinents, lying within the territory thereof, and built or to be built thereon, is erected in a free burgh of barony to be called the burgh of barony of Echt, with the powers, privileges and liberties expressed in the said charter, and particularly with power to the said Arthur and his foresaids of keeping a market weekly upon Thursday and two fairs yearly, one thereof to be called Thomas fair and to begin upon the first Tuesday of June, and the other to be called Kathrine's fair and to begin on the third Tuesday of August, each of them to continue three days, and of uplifting and receiving and employing, for their own use, the tolls, customs and casualties of the said fairs and weekly market. By which charter the said whole lands and barony of Echt, comprehending, as said is, and the said burgh of barony, with the whole liberties, privileges and immunities pertaining thereto, are of new united and erected in a whole and free barony to be called the barony of Echt, ordaining the new manor place or castle of Echt to be the principal messuage of the said barony, and that one sasine to be taken thereat should be sufficient for the said whole barony and others foresaid, to be held of his majesty and his successors in manner expressed in the said charter, whereby the said entire barony, united as said is, with dispensation for taking sasine at the manor place thereof lying in the shire of Aberdeen, is absolved from all other sheriffdoms and ordinary jurisdictions whatsoever by virtue of the said new union, and the ward, non-entry, relief and marriage of the heir or heirs one or more, with all the profits of the said marriages when the same shall fall respectively, are given and transferred of new to the male heirs, assignees and successors of the said Thomas and Arthur Forbes succeeding to them in the said lands and barony. And it's ordained that whensoever and as often as the said lands, barony and others foresaid, or any part thereof, shall fall in ward and non-entry and the relief and marriage of the said heirs and successors shall fall in the hands of his majesty and his successors, that then and as often the said male heirs, successors and assignees of the said Thomas and Arthur Forbes and their tenants for the time shall not only possess the same during the whole space of the ward and non-entry, with the whole profits thereof and the whole benefit of the relief and marriage, but also it shall be lawful to the male heirs and other successors and assignees of the said Thomas and Arthur Forbes to obtain themselves served, retoured, entered, infeft and seised at any time of their age, even though in minority, without any dispensation in the whole lands and barony of Echt, comprehending, as said is, notwithstanding that the same are held ward, for payment yearly at two terms Whitsunday [15 May] and Martinmas [11 November] by equal portions, of the sum of £160 Scots money for the ward and non-entry, or any of them, when they shall happen, and of the like sum for the relief of the said lands and barony, and of the sum of £320 for the said marriage or marriages of the heir or heirs, when the same respectively shall happen to fall, which sums his majesty, with consent foresaid did, by the said charter, hold reasonable for the values, profits and commodities of the said ward, non-entry, relief and marriage respectively, and every one of them. And his majesty, with consent foresaid did, by the said charter, also ratify and confirm the several rights and securities granted to the said deceased Arthur and Thomas Forbes of Echt, and to the said Arthur Forbes now of Echt, of the towns and lands of Culquhorsie,† Dumbreck, Kirkton of Echt, Hillside and Knockquharn, with the mills, mill lands and pertinents thereof, held of George [Gordon], duke of Gordon, his heirs and successors, in manner fully expressed in the said charter, together with the precept of sasine therein contained and instrument of sasine following thereupon, in all and sundry heads, articles, clauses, provisions and conditions of the same. And her majesty, with consent of the estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter, with the infeftment thereon, shall be good, valid and sufficient rights, conforming to the tenors of the same, to the said Arthur Forbes, now of Echt, and his male heirs and others foresaid, for possessing and enjoying the said whole lands and barony comprehending, as said is, and of new united in manner above-mentioned, without any stop or impediment in so far as concerns the interest of her majesty or her royal successors, and that the same shall never be quarrelled by her majesty or her said successors, and also that this present general ratification is and shall be as valid and effectual, to all intents, to the said Arthur Forbes and his heirs and others succeeding to him by virtue of the said charter, as if the same charter and sasine thereon were word by word inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this present ratification or rights thereby ratified, her majesty, with consent foresaid, has dispensed and hereby dispenses forever. Extract.
[1705/6/141]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, presently convened by her majesty's special authority, have ratified and approved and hereby ratify and approve a charter under the great seal bearing date at Kensington, 1 April 1701, granted by the deceased King William, with consent of the commissioners of his treasury and exchequer for the time and proceeding on the resignations of John Leith of Leithhall and of the late John [Erskine], earl of Mar, and the deceased William Gordon of Terpersie, John and Henry Gordon, his sons, and the late Mr James Leith of Leithhall, sometime designed of Newleslie, father to the said John Leith, assignees of the said John, earl of Mar, to and in favour of the said John Leith of Leithhall, he being on life during all the days of his lifetime, and to John Leith, his lawful son, and the male heirs lawfully to be procreated of his body, which failing to the other male heirs and of tailzie and provision respectively and successively therein-mentioned, and failing of them to the said John Leith, elder, and his heirs and assignees whomsoever, heritably and irredeemably in fee with and under the condition, provision, power and faculty conceived in favour of the said John Leith, elder, of all and whole the lands and barony of Leithhall, comprehending the several and particular towns, lands, manor places, mills, teinds, privilege of a yearly fair, customs and commodities belonging thereto, and others respectively therein-mentioned, lying within the parish of Leslie and sheriffdom of Aberdeen, and all formerly united, erected and incorporated in a whole and free barony called the barony of Leithhall. All which lands, barony and others mentioned in the said charter, with all right his majesty had or might pretend thereto or to the mails and duties thereof bygone, and in time coming, are thereby of new given and conveyed to the said John Leith, elder, during his lifetime and to the said John Leith, his son, and to the male heirs of his body, which failing to the said other male heirs and of tailzie and provision respectively therein-specified, heritably and irredeemably in fee under the foresaid provision and faculty conceived in favour of the said John Leith, elder, and fully expressed in the said charter, which contains also a new erection of all the foresaid lands and barony, privilege of a fair, teinds, mills and others therein-expressed, in a whole and free barony to be called as before the barony of Leithhall, ordaining the manor place of Leithhall to be the principal messuage thereof, and one sasine to be taken, in all time coming, thereat or upon any part of the said lands to be sufficient for the said whole barony united, as said is, and every part of the same, to be held of his majesty and his royal successors in taxed ward, feu and blench ferm respectively, free barony, fee and heritage forever, in manner fully expressed in the said charter, whereby also the duties of ward, non-entry and relief of the said lands and barony of Leithhall, and the marriage of the heir or heirs when and as often as the same shall fall out, are assigned and conveyed to the said John Leith, elder, his son and their foresaids, for payment of the sum of £86 Scots money yearly, at two terms in the year, Whitsunday [15 May] and Martinmas [11 November] by equal portions during the ward and non-entry, as much for the relief and of the sum of £163 for the marriage of the heir when and how often soever the same shall happen to fall, to which sums respectively the foresaid ward, non-entry, relief and marriage are taxed, and also the heirs are allowed to be entered, served, retoured and infeft in the said lands and barony, notwithstanding of their minority, in manner at length specified in the said charter, together with the precept of sasine therein contained and instrument of sasine following thereupon, in the whole heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid will and grant and, for them and their successors, statute and ordain that the foresaid general ratification is and shall be as valid, effectual and sufficient to the said John Leith, and his said son and his foresaids, in all time coming, as if the said charter under the great seal containing the said new gift, new erection and the taxing of the ward, non-entry, relief and marriage and instrument of sasine following thereupon, were herein particularly and word for word inserted and engrossed, with the which and with all other exceptions and objections that may be moved, proposed and alleged against the validity of this present ratification, her majesty, and estates of parliament foresaid have dispensed and hereby dispense forever. Extract.
[1705/6/142]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, presently convened by her majesty's special authority, have ratified and approved and hereby ratify and approve a charter under the great seal of the date at Kensington, 3 February 1702, granted by the deceased King William, with consent of the commissioners of treasury and exchequer for the time, and proceeding on the resignation of John Forbes of Balflug, to and in favour of the said John Forbes, he being on life, during all the days of his lifetime, and of George Forbes, his eldest lawful son, and the male heirs lawfully to be procreated of his body, which failing to Alexander Forbes, his second lawful son, and the male heirs lawfully to be procreated of his body, which failing to John Forbes, his third lawful son, and the male heirs lawfully to be procreated of his body, which failing to the said John Forbes, elder, his other male heirs therein-mentioned, and failing of them his heirs or assignees whatsoever, in fee heritably and irredeemably, with and under the condition, provision, power and faculty therein mentioned, conceived in favour of the said John Forbes, elder, of all and entire the lands and barony of Alford, comprehending the several and particular towns, lands, mills and others respectively therein-specified and specially of a little fair or market called St Andrew's fair held yearly at and upon the town of the mains of Alford, with the tolls, customs, privileges and liberties whatsoever belonging to the said fair or market, all lying within the parish of Alford and sheriffdom of Aberdeen, and all formerly united, erected and incorporated in a whole and free barony called the barony of Alford, which charter contains a new gift or disposition to and in favour of the said John Forbes, elder, during all the days of his lifetime and to the said George Forbes, his son, and the male heirs of his body, which failing to the other male heirs and of tailzie and provision above-mentioned, heritably and irredeemably, under the provision therein specified, of the said lands, barony and others foresaid, with all right his majesty had or could pretend thereto or to the mails and duties thereof bygone or in time coming, and a new erection of the foresaid lands and others therein-specified, in a whole and free barony to be called, as before, the barony of Alford, whereof the manor place of Balflug is ordained to be the principal messuage and one sasine to be taken thereat, or any part of the said lands, is declared to be sufficient for the whole barony and every part thereof, in all time coming, to be held of his majesty and his royal successors in free barony, fee and heritage forever, for payment of the rights and services used and wont. By which charter also, the duties of ward, non-entry, relief and marriage payable for the said barony are taxed for payment of the sum of £246 13s 4d Scots money yearly, during the ward and non-entry as much for the relief, and of the sum of £493 6s 8d money foresaid for the marriage of the heir, when and how often soever the same shall happen to fall, in all time coming, and the heirs are allowed to be served, retoured, infeft and seised in the said lands, barony and others foresaid, notwithstanding of their minorities, in manner at length specified in the said charter, together with the precept of sasine therein contained and instrument of sasine following thereupon, in the whole heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow on the same. And her majesty and estates of parliament foresaid will and grant, and for them and their successors statute and ordain, that the foresaid general ratification is and shall be as valid, effectual and sufficient to the said John Forbes, and his said sons and their foresaids, in all time coming as if the said charter under the great seal containing the said new gift, new erection and taxing of the ward, non-entry, relief and marriage and the instrument of sasine following thereupon, were herein particularly and word for word inserted and engrossed, with the which and with all other exceptions and objections that may be moved, proposed or alleged against the validity of this present ratification, her majesty, and estates of parliament foresaid, have dispensed and hereby dispense forever. And her majesty and estates of parliament, considering that by the rights and infeftments formerly granted to the predecessors of the said John Forbes there was given to them the right and privilege of keeping a weekly market and yearly fair on the days following at the town and lands of Endovie, which is a part of the said barony of Alford, lying in manner foresaid, and that it is very fit for the good of the inhabitants of the said place and of her majesty's other lieges dwelling near thereto to revive and renew in manner underwritten the said weekly market and yearly fair which is now become in desuetude, therefore, her majesty and the said estates of parliament do, by these words, without prejudice of the said other fair granted by the said charter called St Andrew's fair, of new appoint a weekly market to be kept in all time coming at the said town and lands of Endovie upon every Thursday and a fair to be held thereat yearly in all time coming upon the third Tuesday of May, and to continue four days, called St John's fair,† and have given and granted and hereby give and grant to the said John and George Forbes and their foresaids, in liferent and fee respectively as said is, the right and privilege of keeping the said weekly market and yearly fair for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the right of keeping fairs and markets within this kingdom. Extract.
[1705/6/143]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a gift under the privy seal of the date at Windsor Castle, 5 August 1702, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, in favour of James, earl of Morton, his heirs and successors, by which gift her majesty, in consideration of the recommendations therein-mentioned from the parliament in favour of the said earl for an allowance to him to prosecute a reduction of the decreet and act of parliament therein-expressed, and for a provision to him in the meantime until the said cause were finally discussed did, with consent foresaid, give and grant to the said earl and his foresaids an annuity of £1,000 sterling, or £12,000 Scots, to be paid to him and them yearly out of the first and readiest of the rents, duties, profits and casualties of the earldom and lordships of Orkney and Shetland, including always and in full satisfaction of all former settlements made to him out of the foresaid lands or any other manner of way on the foresaid account, beginning the first term's payment of the foresaid £1,000 sterling at the term of Martinmas [11 November] then next to come and so furth yearly and termly, until his foresaid cause be of new tried and finally discussed. And for the said earl and his foresaids their more sure payment, her majesty, with advice and consent foresaid, assigned and made over to him and them yearly as much of the said yearly rents, duties, profits, casualties and first and readiest thereof as will yearly pay and clear the foresaid annuity, and further, in respect that the rents, duties and casualties of the foresaid earldom and lordship were then in collection, her majesty nominated and appointed the said James, earl of Morton and his foresaids and their deputes, for whom they should be answerable, her majesty's chamberlains and collectors of the said whole rents, duties and casualties, and that as fully and effectually as if a special and ample letter of chamberlainry with all clauses ordinary had been given to them for that effect, with provision always that, after payment to himself and them in the first place of the foresaid free annuity, he and they should be accountable to the commissioners of the treasury for the remaining surplus of the said rents, duties and casualties when required and should find good and sufficient security for that end. As also, that if the said lords commissioners of the treasury should think fit rather to set the said earldom and lordship in tack than continue it in collection they might freely do the same, providing nevertheless, also her majesty by the said gift expressly ordained, that when the said commissioners should think fit to set the foresaid tack they should take the tacksmen one or more expressly obliged in the body of their tack to pay to the said earl and his foresaids or their order the foresaid annuity yearly and termly in the first end of their tack duty, and to be allowed to the said tacksmen on his or their receipt, without any necessity of any intervening precept and order of treasury for that effect, and so as the said earl and his foresaids may have immediate diligence on the said registered tack against the said tacksmen for recovering payment of the said annuity in the beginning of the said tack duty without any delay, as the said gift bears, in all and sundry heads, articles and clauses thereof. And her majesty, with advice and consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid gift is and shall be conforming to the tenor of the same a good, valid and sufficient right and title to the said James, earl of Morton for possessing and enjoying, without stop or impediment, the foresaid annuity in manner and during the space above-mentioned, and declares that the same shall never be quarrelled or revoked by her majesty or her successors in time coming, and that this present ratification is and shall be as valid and sufficient, to all intents, as if every word of the said gift were inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity hereof or of the said gift hereby confirmed, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.
[1705/6/144]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at St James's, 31 March 1704, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, to James, earl of Morton, and the male heirs lawfully to be procreated of his body, which failing his male heirs whatsoever, which failing his heirs and assignees whatsoever, heritably and irredeemably, of all and sundry the lands, lordships, baronies, regalities, annualrents, teinds, patronages, earldom and others underwritten: the lands, lordship and barony of Aberdour, with castle, tower, fortalice, manor place, mills, fishings, towns, woods, parks, yards, orchards, dovecots, cuningars, outsets, parts, pendicles and pertinents, tenants, tenantries and service of free tenants, advocations, donations and rights of patronage of the kirks and chaplainries thereof, and all their pertinents, with the burgh of barony and regality of Aberdour, with the port and harbour of the same, and full right, privilege and liberty of repairing the said harbour of Aberdour, or of building, making and erecting a free sea port and harbour for ships in any other part of the said barony of Aberdour, as the said James, earl of Morton shall think fit, and all other bulwarks and other works necessary thereto, with full power and privilege to them of making, creating and appointing bailies, burgesses, clerks, officers, sergeants and other necessary officers within the said burgh of Aberdour for the government thereof, and of choosing, changing and renewing the said bailies, clerks and other officers yearly, as they shall think fit, and with power to the said burgesses of the foresaid burgh of Aberdour, in all time coming, to buy and sell wax, wine, lint, wool, broad and narrow cloth, and all other merchandise and staple goods, without any obstacle, disturbance, molestation or impediment whatsoever, and also of having, admitting and receiving within the same burgh of Aberdour bakers, maltsters, fishers, butchers, souters, tailors, weavers, barbers, smiths and all other necessary artists pertaining to the liberty of a free burgh of barony and regality, and of building, having and keeping within the said burgh a tolbooth, a market cross, a market weekly upon Friday, with two free fairs yearly, one upon 24 January, to be called the first fair, and the other upon 27 September, to be called the latter fair, with power of keeping the said weekly market, and the said two free fairs yearly for the space of three days, and of collecting, uplifting and intromitting with the customs and other duties of the said market and fairs for the proper use of the said James, earl of Morton and his foresaids, and also with special and full power of receiving resignations of all lands, tenements, annualrents and others within the said burgh of Aberdour, and of conveying the same with all infeftments, charters, sasines and other evidences necessary, to any person or persons in whose favour the said resignations shall be made, of affixing, fencing, keeping and continuing, as often as need be, baron courts and regality courts within the said burgh of Aberdour, and liberty thereof and of creating clerks, sergeants and other necessary members of court, of fining the absents, punishing the transgressors conforming to the laws of this kingdom of Scotland, and of craving, uplifting, receiving and applying to their own use the fines and amercements of the said courts and of doing therein as freely as is granted to any other burgh of barony and regality within the said kingdom, and of uplifting all and sundry the small customs, anchorages, docksilver and ground-leif, and all other duties and emoluments of the said port and harbour of Aberdour, and of applying the same to their own use or otherwise conveying thereupon at their pleasure, as freely as the same are uplifted by any others of her majesty's vassals, heritable proprietors of any other free port or harbour within the said kingdom of Scotland, with full power also of loading and unloading at the said sea port and harbour the whole ships, boats and barges coming thither or going from thence and of enjoying, using and exercising all other privileges, liberties and immunities and uplifting all other duties and casualties of the said sea port and harbour in the same manner, and as freely, in all respects, as any other heritable proprietors of any other free sea ports within this kingdom, in all time bypast have done or in any time to come may lawfully do, all lying within the lordship and regality of Aberdour and sheriffdom of Fife. The lands, earldom and barony of Morton, with tower, fortalice, manor place, yards, orchards, mills, woods, fishings, tenants, tenantries and service of free tenants, with the advocation and donation of the kirks thereof, annexes, connexes of the said earldom and barony, and specially with full right of presenting four poor scholars called bursars in the college of Glasgow to the principals, regents and masters thereof, conforming to the tenor of the foundation and mortification granted thereupon, with all their pendicles and pertinents. Also, the lands of Bonnington, the lands of Barns, the lands of Kincavil, the lands of Drumcross, the lands of Gallowhill, the lands of Williamcraigs, with all their pertinents, lying within the sheriffdom of Linlithgow. An annualrent of £40 sterling money yearly to be uplifted and taken furth of the lands of Newby, with the pertinents, lying within the sheriffdom of Peebles. Also, the lands and barony of Edmonston, with manor place, fortalice, mills, fishings, outsets, yards, orchards, parts, pendicles, tenants, tenantries, service of free tenants, with advocation and donation of the kirks and chaplainries of the same, and all their pertinents lying within the barony of Biggar and sheriffdom of Lanark. The lands and barony of Borgue, and the lands and barony of Buthill, with castles, manor places, mills, fishings, yards, orchards, woods, parts, pendicles, annexes, connexes, tenants, tenantries, service of free tenants, with the advocation and donation of the kirks and chaplainries of the said lands and baronies, and all their pertinents, lying within the sheriffdom of Kirkcudbright. Which charter proceeds on the several apprisings, resignations and other conveyances therein-mentioned and contains a new gift or disposition of the whole lands and others therein and above-specified, with all right and title which her majesty, her predecessors or successors, had, has or in any way may have, claim or pretend thereto, or to any part thereof or to the rents and duties of the same bygone and to come, in favour of the said James, earl of Morton and his foresaids, and a new erection of the foresaid whole lands, lordships, baronies and others above-written, in a whole and free earldom to be called the earldom of Morton, ordaining the castle of Aberdour to be the principal messuage thereof, and one sasine to be taken thereat or on any part of the said barony of Aberdour, by delivery of earth and stone, to be sufficient for the whole, to be held of her majesty in free blench, for payment yearly of a penny Scots money in name of blench ferm if required at the principal messuage or manor place of Aberdour, as is fully expressed in the said charter, whereby also the rights of the two several annualrents therein mentioned furth of the said lands and barony of Aberdour, and the conveyances thereof in favour of the said James, earl of Morton, are confirmed. And her majesty, with advice and consent of the said estates of parliament, ratifies, approves and confirms the precept of sasine contained in the said charter and instrument of sasine following or competent to follow thereupon, in all and sundry heads, articles and clauses thereof. And her majesty, with consent foresaid, wills and grants and, for her and her royal successors, statutes and ordains that the foresaid charter and sasine hereby confirmed are and shall be, conforming to the tenors of the same, good, valid and sufficient rights to the said James, earl of Morton and his foresaids for possessing and enjoying in time coming, without stop or impediment, the foresaid lands, lordships, baronies, regality, earldom and others foresaid, and declares that the same shall never be quarrelled or revoked by her majesty or her successors in time coming, and that this present ratification is and shall be as sufficient, to all intents, as if every word of the foresaid charter and sasine were inserted herein, with the not inserting whereof and with all other defects and imperfections of the said charter and sasine and of this present ratification of the same, and with all objections that can be proposed against the same, her majesty, with consent foresaid, dispensed and hereby dispenses forever.
[1705/6/145]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under her majesty's great seal of the date at St James's, 30 November 1703, granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer for the time, and proceeding upon the several resignations, decreet of sale and other conveyances therein mentioned, to and in favour of Sir William Maxwell of Monreith, knight and baronet, and his male heirs and of tailzie and other heirs and assignees therein-specified, with and under the provisions, conditions, restrictions, limitations and irritancies therein expressed, heritably and irredeemably, of all and whole the lands and barony of Monreith, the lands, barony and tenantry of Appleby, the lands and barony of Myrton, the barony of Mochrumloch, the lands and barony of Longcastle, forty merk lands of the barony of Ardwell and Killaser, and the said barony of Killaser, comprehending therein respectively the several lands, mills, castles, towers, manor places, houses, biggings, yards, orchards, lochs, fishings, teinds, rights of patronage and others therein-mentioned, and of the five pound land of Gairngairy† and several other lands therein expressed. Which charter contains a confirmation of several rights and infeftments of the foresaid lands and others therein-mentioned, with a new gift and disposition thereof and a union of the said whole lands, baronies and others therein specified, extending to a three hundred and thirty four merk land of old extent, with all and sundry their houses, biggings, yards, orchards, tofts, crofts, annexes, connexes, woods, lochs, fishings, parts, pendicles and all their pertinents, all lying within the sheriffdom of Wigtown, in an entire and free barony and forestry to be called, in all time coming, the said three hundred and thirty four merk land of old extent and barony and forestry of Monreith, ordaining the manor place of Monreith to be the principal messuage of the said barony and giving to the said Sir William, and his foresaids, all the liberties, privileges, emoluments, jurisdictions and casualties belonging to a free barony and forestry, ordaining also one sasine to be taken at the said manor place of Monreith, by deliverance of earth and stone, without the necessity of any other symbol, to be sufficient for the whole lands, mills, woods, fishings, patronages, office of forestry and others particularly mentioned in the said charter, and erected, as said is, in the said barony of Monreith, to be held of her majesty for herself and as come in place of the bishops respectively and of her royal successors for payment of the feu duties of victual and capons, or prices thereof mentioned in the said charter, and of the other feu, blench and taxed ward duties specified therein, whereby also the duties of ward, non-entry, relief and marriage payable for several of the said lands and others are taxed to the several sums therein-expressed. And it is declared lawful to the male heirs, of line, assignees, successors and others foresaid of the said Sir William, to obtain themselves infeft and seised in the lands, teinds, fishings and others mentioned in the said charter, notwithstanding of their minorities. And as such, the several feu charters therein specified granted to the said Sir William and his foresaids and to his authors by Sir James Dunbar of Mochrum of the lands of Arrialand,† Chang,† Glentriploch† and Barrachan, lying in the said sheriffdom, with the conveyances and the several adjudications and apprisings thereof, are confirmed in manner fully expressed in the foresaid charter together with the precept of sasine therein contained and instrument of sasine following thereon, in all and sundry heads, articles, clauses, provisions and contents of the same with all that has followed or may follow thereupon. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conforming to the tenors of the same, to the said Sir William Maxwell and his male heirs and of tailzie and other heirs and assignees therein-specified, for possessing and enjoying of the said whole lands, mills, woods, fishings, teinds, patronage, office of forestry and others therein expressed united, as said is, without stop or impediment, and that the same shall never be quarrelled by her majesty or her successors, and also that this present general ratification is and shall be as effectual and sufficient to the said Sir William Maxwell and his foresaids as if the said charter, with the instrument of sasine following thereon, were word by word inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this present ratification or rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.
[1705/6/146]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at St James's, 21 December 1702, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, proceeding on the resignation of Mr Thomas Thomson of Auchquittrie,† to and in favour of Sir Alexander Ogilvie of Forglen, as having right to the said Mr Thomas his procuratory of resignation in manner therein-mentioned, and to his heirs and assignees whomsoever, heritably and irredeemably, of all and whole the town and lands of Todlaw, with houses, biggings, yards, tofts, crofts, outsets, insets, annexes, connexes, parts, pendicles and whole pertinents whatsoever thereof, with the salmon fishing in the water of Deveron, lying within the parish of Forglen and sheriffdom of Banff. Which lands and others foresaid, with all right and title her majesty had or might pretend thereto are, by the said charter, of new given and conveyed to the said Sir Alexander Ogilvie and his foresaids, in manner fully expressed therein, whereby also all the writs, rights and securities of the same lands and others above-mentioned conceived in favour of the said Sir Alexander, his authors and predecessors, are ratified and confirmed and the foresaid lands, fishing and others above-written are disjoined from all other baronies to which they were formerly united and of new incorporated and united to the lands and barony of Forglen, to remain inseparably therewith as a proper part and pertinent of the same, with all jurisdictions, privileges and immunities belonging thereto, as fully as if they had been at the beginning annexed with the same, and one sasine to be taken at the manor place of Forglen as the principal messuage of the said barony, or upon any part of the ground of the said lands, is ordained to be a sufficient sasine for the said lands, fishings and others above-specified, to be held of her majesty and her successors, in manner expressed by the said charter, by which the whole ward and non-entry duties of the lands and others foresaid, and the relief thereof and marriage of the heirs of the said Sir Alexander Ogilvie and his foresaids, as often as the same respectively shall fall, with all the profits and emoluments thereof, are given and conveyed to him and his foresaids for payment yearly at two terms Whitsunday [15 May] and Martinmas [11 November] by equal portions during the whole space of the ward and non-entry or either of them the sum of £30 Scots money, as much for the relief and of the sum of £60 money foresaid for the marriage of the said heirs, as often and whensoever the same respectively shall fall, to which sums above-written the said ward, non-entry, relief and marriage, so often as the same shall fall, are taxed by the said charter, whereby also the heirs of the said Sir Alexander and his foresaids are allowed to be served, retoured, infeft and seised in the said lands and others above-mentioned, notwithstanding of their minority, as the said charter fully bears, together with the precept of sasine therein contained and instrument of sasine following thereon, in all and sundry heads, articles and clauses thereof. And her majesty, with consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid charter with the infeftment thereon shall be good, valid and sufficient rights, conforming to the tenors of the same, to the said Sir Alexander Ogilvie and his foresaids for possessing and enjoying the lands, fishing and others above-written, without stop or impediment, in so far as concerns the interest of her majesty, and declares that the same shall never be quarrelled by her majesty or her said successors, and also that this present ratification is and shall be as effectual and sufficient, to all intents, as if the said charter and sasine were word by word inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification or rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.
[1705/6/147]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Bath, 17 September 1703, granted by her majesty, with consent of her commissioners of treasury and exchequer for the time, proceeding on the several resignations and conveyances of the same mentioned therein, to and in favour of Mr James Naismith of Dawyck, advocate, and the male heirs lawfully to be procreated of his body, which failing to the female heirs lawfully procreated or to be procreated of his body, which failing to his other heirs of tailzie therein mentioned, and failing of them to his nearest heirs and assignees whatsoever, the eldest female heir succeeding always without division, heritably and irredeemably, and with and under the provisions and restrictions therein set down to which the said heirs of tailzie shall be obliged in manner therein-mentioned, of all and whole the lands and barony of Dawyck, comprehending the lands of Easter and Wester Dawyck, the lands of Lower Mains of Dawyck, with mill and mill lands thereof, yards, parks, houses, and pertinents of the same, with the right of patronage of the parish kirk of Dawyck, and whole superiorities of the said barony, with the teinds, parsonage and vicarage, of the said kirk and parish kirklands of the same, and forty-eight sums of beasts, lying in the parish of Dawyck and sheriffdom of Peebles. And of all and entire the lands of Crookston, also lying in the parish and sheriffdom of Peebles. And all and whole the lands of Wrae, with all and sundry houses, biggings, tofts, crofts, mosses, muirs, meadows, pasturages, parts, pendicles and pertinents thereof whatsoever, lying in the parish of Manor and sheriffdom of Peebles foresaid. And of the forty shilling land called Wester Smellhope,† with houses, biggings, parts, pendicles and pertinents of the same, lying within the parish of Glenholm and sheriffdom of Peebles. And all and whole that part and portion of the lands of Smelhope, and a sum of beasts upon the said lands, sometime possessed by William Grieve, miller at the mill of Uriesland.† And of all and whole that part and portion of land called Urrisland, with the mill thereof, mill lands, multures, sequels and pertinents of the same, whatsoever with the multures of the lands of Stanhope, and of the lands called the fourth part of Rachan, with all and sundry houses, biggings, yards, parts, pendicles and pertinents of the same, lying in the parish and sheriffdom foresaid, with the liberty of pasturage in the commonty of Whomhope† and other liberties used and wont, with necessary fuel upon the lands of Smelhope to the tenants of the said lands of Urrislands, and mill of the same according to the usual custom. Which whole lands and others foresaid, with all right and title that her majesty her predecessors or successors had or could pretend thereto, or to any part thereof or to the mails and duties of the same are, by the foresaid charter, of new conveyed to the said Mr James Naismith and his foresaids in manner fully expressed therein, whereby also the same whole lands and others above-mentioned are united and erected in a whole and free barony to be called, in all time coming, the barony of Dawyck, and one sasine to be taken at the manor place of Dawyck which is thereby appointed to be the principal messuage of the said barony, or upon the ground of any part of the said lands and barony, is ordained to be sufficient for all the foresaid lands, mills, teinds, patronage, superiorities and others above-specified, with the pertinents united, as said is, to be held of her majesty and her royal successors for payment of the blench, feu and taxed ward duties particularly mentioned in the said charter. By which also the duties of ward, non-entry, relief and marriage due and payable for the said lands and old barony of Dawyck, comprehending the lands, barony and others particularly above-specified and for the said lands of Cruikstoun and Wrae, are taxed to the several sums therein-expressed, for payment whereof the same are conveyed to the said Mr James, his male heirs successors and assignees foresaid, in manner mentioned in the said charter. And likewise, the male heirs and of tailzie, successors and assignees foresaid of the said Mr James Naismith are allowed, notwithstanding of their minority, to be served, retoured, infeft and seised in the said lands and barony. And further, the contract of marriage between the said Mr James and Mistress Barbara Pringle, eldest lawful daughter of Andrew Pringle of Clifton, with consent of her father on the one and other parts of the date 15 June 1702, together with the precept of sasine therein contained and instrument of sasine following thereupon in favour of the said Mistress Barbara, are approved and confirmed in manner fully expressed in the charter above-mentioned, the precept of sasine contained in which charter and instrument of sasine thereon her majesty, with advice and consent of the said estates of parliament, does also ratify, approve and perpetually confirm, in all and sundry heads, articles and clauses of the said charter, precept and sasine, and wills and grants and, for her majesty and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conforming to the tenors of the same, to the said Mr James Naismith and his foresaids for possessing and enjoying the lands, mills, teinds, patronages, superiorities and others above-mentioned with the pertinents united in one barony in manner above-written, without any stop or impediment, in so far as concerns the interest of her majesty or her successors, and declares that the same shall never be quarrelled by her majesty or her said successors, and also that this present ratification is and shall be as effectual and sufficient, to all intents and purposes, as if the said charter and sasine thereon were word by word inserted herein, with the not inserting whereof and with all other objections that may be proposed against the validity of this ratification or of the rights hereby ratified, her majesty, with consent foresaid, dispensed and hereby dispenses forever. Extract.
[1705/6/148]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and also to increase trade and commerce in the nation, and that it is very fit for these ends to authorise two yearly fairs upon the days following at the town of Huntly, lying in the shire of [Aberdeen], and belonging to George, duke of Gordon, do therefore, by this act, appoint two fairs to be kept yearly in all time coming at the said town of Huntly, one thereof upon the third Tuesday of August, and the other upon the first Tuesday of October, and each of them to continue four days; and have given and granted and hereby give and grant to the said duke, his heirs and successors, the right and privilege of keeping the said yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, with all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/149]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two yearly fairs upon the days following at the town of Turriff, in the parish of Turriff and sheriffdom of Aberdeen, and regality of Slains, belonging to Charles, earl of Erroll, do therefore, by this act, appoint two fairs to be kept yearly in all time coming at the said town of Turriff, one thereof upon the last Tuesday of March to be called St Anne's fair,† and the other upon the first Tuesday of December, to be called St John's fair,† and each to continue four days; and have given and granted and hereby give and grant to the said earl, his heirs and successors, the right and privilege of keeping the said yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/150]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise a weekly market and four yearly fairs, upon the days following, at the Kirk of Denny belonging to John, earl of Wigtown, and lying within the shire of Stirling, and two yearly fairs on the days following at the Newton of Cumbernauld, lying in the said shire and belonging to the said earl, do therefore, by this act, appoint a weekly market to be kept in all time coming at the said Kirk of Denny upon every Wednesday, and four fairs to be held at the same place yearly in all time coming, one thereof upon the last Wednesday of April, another upon 22 June, another upon 4 August and the other upon 5 November, and also appoint two fairs to be kept yearly in all time coming at the said Newton of Cumbernauld, one thereof upon the first Friday of February, and the other on 29 October; and have given and granted and hereby give and grant to the said earl, his heirs and successors, the right and privilege of keeping the said weekly market and yearly fairs at the said respective places for all kinds of merchandise, with all the tolls, customs and casualties thereof and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom. Extract.
[1705/6/151]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and also to increase trade and commerce in the nation, and that it is very fit for these ends to authorise three yearly fairs, upon the days following, at and upon the west end of the foot of the hill of Tyrebagger, which is a part of the lands and barony of Caskieben, lying in the shire of Aberdeen, and belonging to Sir John Johnston of Caskieben, do therefore, by this act, appoint three fairs to be kept yearly in all time coming at and upon the said west end of the foresaid foot of the hill of Tyrebagger, one thereof upon the Tuesday immediately preceding Easter, to be called Pasch fair, another upon the first Tuesday of July, to be called Martin Bullion fair, and the other upon the third Thursday of August, to be called Tyrebaggar fair; and have given and granted and hereby give and grant to the said Sir John Johnston, his heirs and successors, the right and privilege of keeping the said yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom. Extract.
[1705/6/152]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise a weekly market to be kept on Tuesday at the town of Inveresk, lying in the shire of Edinburgh, belonging to Sir Robert Dickson of Inveresk, and two yearly fairs to be held, upon the days following, at the said town, do therefore, by this act, appoint a market to be kept weekly on Tuesday in all time coming at the said town of Inveresk, and also two fairs to be held yearly thereat, one thereof to begin upon the second Tuesday of July and the other upon the first Wednesday of October, and each of them to continue from the respective days of their beginning to the Saturday of that week; and have given and granted and hereby give and grant to the said Sir Robert Dickson, his heirs and successors, the right and privilege of keeping the said weekly market and yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/153]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise a weekly market to be kept every Tuesday in all time coming within the burgh of barony of St Monans and Newark, in the shire of [Fife], and belonging to Sir Alexander Anstruther of Newark, and that in place of the weekly market formerly appointed to be held there on Friday, and two fairs to be kept within the said burgh on the days following, do therefore, by this act, appoint a weekly market to be kept every Tuesday in all time coming within the said burgh of barony, in place of the said former weekly market, and also two fairs to be kept within the said burgh yearly, in all time coming, one upon the second Tuesday of July and the other on the second Tuesday of September; and have given and granted and hereby give and grant to the said Sir Alexander Anstruther, his heirs and successors, the right and privilege of keeping the said weekly market and yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/154]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament do, by this act, appoint and ordain a weekly market to be kept upon each Wednesday, in all time coming, at the Clachan of Fintry, in the shire of Stirling, and belonging to John Napier of Culcreuch, and two fairs to be held there yearly, in all time coming, one upon the last Thursday of June and the other upon the second Thursday of December; and do hereby give and grant to the said John Napier, his heirs and successors, the right and privilege of keeping the said weekly market and yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/155]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, does, by this act, appoint and ordain a market to be kept weekly upon Thursday, and two fairs to be held yearly, one upon the first Tuesday of July and the other upon the second Tuesday of October, in all time coming, at the burgh of Anstruther Wester, and that in place of the weekly market formerly appointed to be held there on Sabbath, and of the yearly fairs, one in March and the other in December formerly kept at the said burgh; and does hereby give and grant to the magistrates and council of the foresaid burgh, and their successors in office, for the behoof of the community thereof, the right and privilege of keeping the said weekly market and yearly fairs on the said respective days for all kinds of merchandise, in place of the said other market and fairs formerly held at the said burgh in manner above-mentioned, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/156]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise a weekly market and two yearly fairs, on the days following, at the Kirkton of Fyvie, in the shire of Aberdeen, and at that part thereof which belongs to the Mains of Fyvie, whereof two third parts pertain to John, marquis of Tweeddale and the other third part to Jean [Gordon], countess of Dunfermline in liferent, and to the heirs and donators of Dunfermline in fee, do therefore, by this act, appoint a market to be kept weekly upon Thursday, and two fairs yearly, one thereof to begin upon the second Tuesday of October, to be called St John's fair,† and the other to begin on the second Tuesday of August, to be called St Peter's fair,† and each of them to continue three days, in all time coming, at the said Kirkton of Fyvie, and at that part thereof which belongs to the said Mains of Fyvie; and have given and granted and hereby give and grant to the said John, marquis of Tweeddale, his heirs and successors, and to the said countess and heirs and donators of Dunfermline in liferent and fee respectively, the right and privilege of keeping the said weekly market and yearly fairs for all kinds of merchandise, and hereby give and grant to the said marquis, and his foresaids two third parts, and to the said countess in liferent and to the foresaid heirs and donators of Dunfermline in fee the other third part of, all the tolls, customs and casualties thereof and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/157]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints a market to be kept weekly on Friday and two fairs yearly, one upon the last Tuesday of March and the other on the last Tuesday of September, in all time coming, to be held at the town of Currie, in the barony of Riccarton and shire of Edinburgh, and belonging to Robert Craig of Riccarton; and does, by this act, give and grant to the said Robert Craig, his heirs and successors, the right and privilege of keeping the said weekly market and yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/158]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints two fairs, one upon the first Tuesday of December and the other on the last Tuesday of January to be held yearly, in all time coming, at and within the burgh of Stirling; and gives and grants to the magistrates and council of the said burgh, and their successors in office, for the behoof of the community of the same, the right and privilege of keeping the said fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/159]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints a new fair to be held yearly in all time coming upon 29 July at the town of Dunning, in the shire of [Perth], and belonging to Robert, lord Rollo; and gives and grants to him, his heirs and successors, the right and privilege of keeping the said fair yearly for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all the other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/160]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with the special advice and consent of the estates of parliament, ordains and appoints three fairs to be kept yearly in all time coming, one thereof to begin on the last Tuesday of July, another to begin on 18 October and the other to begin on 14 April, and each of them to continue two days, and a weekly market on Tuesday, in all time coming, at the Kirkton of Muthill, in the stewartry of Strathearn and shire of Perth, and belonging to John Drummond of Pitkellony; and gives and grants to the said John Drummond, his heirs and successors, the right and privilege of keeping the said yearly fairs and weekly market for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/161]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise a weekly market on the day following at the town of Ludquhairn, in the shire of Aberdeen, belonging to Alexander Forbes of Ludquhairn, do therefore, by this act, appoint a market to be kept weekly on Thursday, in all time coming, at the town of Ludquhairn above-mentioned; and have given and granted and hereby give and grant to the said Alexander Forbes, his heirs and successors, the right and privilege of keeping the said weekly market for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties and advantages used and wont to belong to any having the privilege of keeping weekly markets within this kingdom. Extract.
[1705/6/162]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that the changing and altering to Wednesday a weekly market formerly appointed to be held on Friday at the town of Kincardine O'Neil, in the shire of Aberdeen, belonging to Sir Robert Forbes, advocate, will tend much to the good and advantage of the inhabitants thereof, and to the ease and benefit of her majesty's other lieges dwelling near thereto, do therefore, at desire of the said Sir Robert Forbes, by this act, appoint a weekly market on Wednesday, in all time coming, to be kept at the said town of Kincardine O'Neil, and that in place of the said market formerly held there every Friday; and have given and granted and hereby give and grant to the said Sir Robert Forbes, his heirs and successors, the right and privilege of keeping the said weekly market on the foresaid day for all kinds of merchandise, with all the tolls, customs and casualties thereof and all other liberties and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom. Extract.
[1705/6/163]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two fairs yearly, on the days following, upon the lands and barony of Balquidrock,† in the shire of Stirling, and belonging to John Murray of Touchadam, do therefore, by this act, appoint two fairs yearly, one upon the first Tuesday of July and the other on the second Thursday of November, to be kept in all time coming, upon the said lands and barony of Balquidrock; and have given and granted and hereby give and grant to the said John Murray, his heirs and successors, the right and privilege of keeping the said yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantage used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
There was a protestation against the said fair of Balquidrock granted to the laird of Touchadam, taken by the commissioner after-named for the burgh of Stirling, who gave in the same in writing of the tenor following.
I, Colonel John Erskine, lieutenant governor of the castle of Stirling, commissioner to the parliament for the burgh of Stirling, do, in name of the said burgh, protest against the fairs craved by John Murray of Touchadam to be kept within the barony of Balquidrock belonging to him, lying within two miles of the said burgh of Stirling, in respect the said burgh has a charter from King Charles II bearing that his majesty, nor his successors, should not erect a burgh of barony or regality nor grant a privilege of weekly markets or yearly fairs within two miles of the said burgh, and upon the said charter the said town has a decreet of declarator and, thereupon, I ask and take instruments, that the said burgh may not be prejudiced of their rights and privileges, in the hands of Sir James Murray of Philiphaugh, one of the senators of the college of justice and lord clerk register, in witness whereof I have written and subscribed these words. At Edinburgh, 14 September 1705. Signed thus: John Erskine. And thereupon took instruments. Extract.
[1705/6/164]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two yearly fairs, on the days following, to be kept at the burgh of barony of Glenluce, in the shire of Wigtown, and belonging to John, earl of Stair, do therefore, by this act, appoint two new fairs to be kept and held yearly, in all time coming, one upon the third Tuesday of August and the other on the second Tuesday of October, at the said burgh of barony of Glenluce, without prejudice to the other fairs formerly appointed to be kept at the said burgh; and have given and granted and hereby give and grant to the said earl, his heirs and successors, the right and privilege of keeping the said two new yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom, and also have allowed and hereby allow and empower the said earl, and his foresaids, to change the place of execution and gibbet from the abbey of Glenluce and to erect and continue the same near the tolbooth of the said burgh.
[1705/6/165]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two fairs yearly, on the days following, at the Kirkton of Weem, in the shire of Perth, belonging to Sir Alexander Menzies of that ilk, and another fair yearly on the following day at the town of Dull, in the said shire and belonging to the said Sir Alexander, do therefore, by this act, appoint two fairs to be kept yearly, in all time coming, one upon the third Tuesday of January and the other upon the second Tuesday of October at the said Kirkton of Weem, and another fair to be held yearly in all time coming upon the last Tuesday of May at the said town of Dull; and have given and granted and hereby give and grant to the said Sir Alexander Menzies, his heirs and successors, the right and privilege of keeping the said yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/166]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two fairs yearly, on the days following, at the Crosstoun of Aberlemno, in the shire of Forfar, and belonging to Sir Alexander Murray of Melgum, do therefore, by this act, appoint two fairs to be kept yearly, in all time coming, one upon the first Tuesday of April and the other on the first Tuesday of September, at the said Crosstoun of Aberlemno; and have given and granted and hereby give and grant to the said Sir Alexander Murray, his heirs and successors, the right and privilege of keeping the said yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/167]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and the estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two fairs yearly, on the days following, at the town of Lochgelly in the shire of Fife, and belonging to Mistress Grissel Kininmonth of that ilk, do therefore, by this act, appoint two fairs, one on the third Tuesday of May and the other upon the third Tuesday of September, to be kept yearly, in all time coming, at the said town of Lochgelly; and have given and granted and hereby give and grant to the said Mistress Kininmonth, her heirs and successors, and to Sir Alexander Murray of Melgum, her husband for his interest, the right and privilege of keeping the said fairs yearly for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/168]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two yearly fairs and a weekly market, on the days following, to be kept upon the common green of Monzie, in the shire of [Perth], and belonging to Patrick Campbell of Monzie, do therefore, by this act, appoint two fairs yearly to be kept, in all time coming, one thereof to begin upon the first Tuesday of April, to be called [...], and the other to begin on 13 October, to be called [...], and each of them to continue two days, and a weekly market to be held, in all time coming, on every Tuesday, upon the said common green of Monzie; and have given and granted and hereby give and grant to the said Patrick Campbell, his heirs and successors, the right and privilege of keeping the said two yearly fairs and weekly market for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/169]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise four yearly fairs and a weekly market, on the days following, at the town of Kilmichael-Glassary, lying in the shire of Argyll, and belonging to Sir James Campbell of Auchinbreck, do therefore, by this act, appoint four fairs to be kept yearly, in all time coming, one thereof to begin on 15 May, another on 22 July, another on Michaelmas day [29 September] and the other to begin on 20 October, and each of them to continue two days, and a weekly market to be kept, in all time coming, every Tuesday, at the said town of Kilmichael-Glassary; and have given and granted and hereby give and grant to the said Sir James Campbell, his heirs and successors, the right and privilege of keeping the said yearly fairs and weekly market for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/170]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise four yearly fairs and a weekly market, on the days following, at the town of East Tarbert, in the shire of Argyll, belonging to Archibald MacAlister of Tarbert, do therefore, by this act, appoint four fairs to be kept and held yearly, in all time coming, one thereof to begin upon 10 May, another to begin on 16 July, another to begin upon 19 August, and the other to begin upon 16 October, and each of them to continue two days, and a weekly market to be held, in all time coming, every Tuesday, at the said town of East Tarbert; and have given and granted and hereby give and grant to the said Archibald MacAlister, his heirs and successors, the right and privilege of keeping the said yearly fairs and weekly market for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and immunities and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
[1705/6/171]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise a weekly market and four yearly fairs, on the days following, at the East Craigs of Ogilface, lying within the parish of Torphichen and shire of Linlithgow, and belonging to Alexander Livingstone of Bedlormie, do therefore, by this act, appoint a market to be kept and held weekly on Tuesday, and four fairs yearly, in all time coming, to be kept one upon 12 February, another on 11 June, another on 22 August and the other on 2 November, at the said East Craigs of Ogilface; and have given and granted and hereby give and grant to the said Alexander Livingstone, his heirs and successors, the right and privilege of keeping the said weekly market and yearly fairs, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom. Extract.
[1705/6/172]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two fairs yearly, on the days following, upon the lands of Swanford within the lands of Greens, in the parish of Monquhitter and shire of Aberdeen, belonging to Sir Samuel Forbes of Foveran, do therefore, by this act, appoint two fairs, one upon 1 July, to be called St Margaret's fair,† and the other on the first Thursday of November, to be called William's fair, to be held yearly, in all time coming, upon the lands of Swanford foresaid; and have given and granted and hereby give and grant to the said Sir Samuel Forbes, his heirs and successors, the right and privilege of keeping the said two yearly fairs for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the right and privilege of keeping fairs and markets within this kingdom.
[1705/6/173]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that fairs and markets in convenient places tend much to the good and advantage of the inhabitants thereof and of her majesty's other lieges dwelling near thereto, and that it is very fit for these ends to authorise two fairs yearly, on the days following, and a weekly market in manner after-mentioned, at the town of Dyke in the shire of Elgin and Forres, and belonging to James Brodie of that ilk, do therefore, by this act, appoint two fairs to be kept yearly, in all time coming, one thereof to begin on the first Wednesday of May and the other to begin the third Wednesday of November, and each of them to continue two days, and a weekly market on Wednesday at the said town of Dyke; and have given and granted and hereby give and grant to the said James Brodie, his heirs and successors, the right and privilege of keeping the said yearly fairs and weekly market for all kinds of merchandise, with all the tolls, customs and casualties thereof, and all other liberties, privileges and advantages used and wont to belong to any having the privilege of keeping fairs and markets within this kingdom.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Tuesday next 10 o'clock.