[1706/10/372]*[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 kingdom of Scotland of the date at St James's, 19 January 1706, granted by her majesty, with consent of the lords and other commissioners of her treasury and exchequer of the said kingdom, and proceeding on the resignation of Robert, lord Colville and the deceased Sir David Barclay of Collairney respectively, in favour of the said Robert, lord Colville and the male heirs of his body, which failing to the female heirs of his body, the eldest female heir always succeeding without division, which failing to any other person or persons to be named and appointed by a writ under his hand at any time in his life, even on deathbed, with and under the conditions, provisions, reservations, failures and irritant clauses to be therein contained, which are held for repeated in the said charter, and failing of such destination to Dame Margaret Colville, lady Aytoun, sister of the said Robert, lord Colville, and the male heirs of her body, which failing to the female heirs of her body, the eldest female heir always succeeding without division, which failing to the nearest and lawful heirs and assignees whatsoever of the said Robert, lord Colville, heritably and irredeemably without any reversion, redemption or regress, and under the provisions, conditions and irritant clauses after-specified, which are particularly condescended upon and expressed in the said charter above-mentioned, of all and whole the lands and barony of Cleish, comprehending therein the lands and others underwritten as follows. The lands of Middle Cleish, Wester Cleish and Dollylands thereof; the lands of Halton of Cleish, with tower, fortalice and parks of the same and the lands of Borelands of Cleish, Nivingston easter and wester, with the mill and mill lands of Cleish and Brewstead thereof, tenants, tenantries and service of free tenants, dependencies and whole pertinents of the said lands. All and whole the lands of Blair of Crambeth† and pertinents thereof, and all and whole a yearly annualrent of 10 merks, 10s 8d Scots money to be uplifted furth of the said lands of Crambeth. All and entire the lands of Blackfawling,† with woods thereof and whole pertinents of the same and all lying in the sheriffdom of Kinross and united, erected and incorporated in a whole and free barony called the barony of Cleish. And also all and entire the lands of Dunduff, with houses, biggings, yards, tofts, crofts, outsets, annexes, connexes, dependencies, parts, pendicles and pertinents thereof whatsoever, lying within the parish of Dunfermline, regality thereof and sheriffdom of Fife. All and whole the lands of Outh, with houses, biggings, yards, tofts, crofts, coal and coalheugh, annexes, connexes, outsets, parts, pendicles and pertinents, with the loch called Loch Glow, and all other lochs, fishings, muirs, marshes and pertinents thereof whatsoever lying within the said parish and regality of Dunfermline and sheriffdom of Fife. All and whole the lands of Lathalmond, with houses, biggings, yards, tofts, crofts, outsets, annexes, connexes, dependencies, parts, pendicles and pertinents, lying within the said parish and regality of Dunfermline and sheriffdom of Fife foresaid. All and whole the lands of North Lethans, with houses, biggings, yards, tofts, crofts and whole pertinents thereof whatsoever, lying in the said parish and regality of Dunfermline and sheriffdom of Fife foresaid. And also all and whole the lands of Over and Nether Auchlinsky, with houses, biggings, tofts, crofts, outsets, parts, pendicles and whole pertinents, lying within the stewartry of Strathearn and sheriffdom of Perth. And also all and entire the half of the lands of Kinnaird with houses, biggings, yards, tofts, crofts, parts, pendicles and pertinents of the same whatsoever, lying of old within the barony of Collairney and sheriffdom of Fife foresaid, and now by annexation within the sheriffdom of Kinross. Providing that if daughters or female heirs shall happen to succeed to the said estate and fortune, in that case the eldest daughter, or female heir, shall succeed thereto without division and the said daughters or female heirs so succeeding shall be obliged to be married to a gentleman of the name of Colville, or of any other surname agreeable to their rank and degree, and the heirs of tailzie above-mentioned, as well male as female and the husbands of the female heirs succeeding to the said lands and estate, shall be bound and obliged to assume, keep and retain the surname of Colville, and to use and bear the name and arms of the family of Colville, declaring always, as also by the said charter, it is specially provided and declared that if the heirs of tailzie above-mentioned shall not happen to be married as is above provided, and shall not assume and retain the said name and arms of the Lord Colville, in that case the person so contravening shall for themselves only, without prejudice of the other heirs included in the said tailzie, shall lose and amit their right of succession to the said lands and estate, and the infeftments and other rights in their persons shall ipso facto from thenceforth be void, null and extinct by way of exception or reply, without any declarator to follow thereon. And it shall be lawful to the next heir of tailzie existing for the time, who is appointed to succeed to the said lands and estate by virtue of the tailzie and substitution above-mentioned, to succeed or obtain themselves served and retoured heirs in special in the said lands to those who were last vested and seised therein before the contravener, and to procure themselves infeft thereon, or to obtain the right of the said land established any other ways as appropriate in their persons and in the persons of the other heirs of tailzie above-mentioned, and to be in no way subject and liable to the debts or deeds of the contraveners as is fully expressed in the said charter, whereby her majesty, with consent foresaid, has given and conveyed to the said Robert, lord Colville, and the male heirs to be procreated of his body, which failing to the [...]†