Act in favour of Maister James Nicolsone of Colbrandspeth

Oure soverane lord, with advyse and consent of the thrie estates of this present parliament, be thir presents ratifies and approves the precept of sasing grantit be Williame, earle of Angus etc., commissioners for the tyme, for infefting of Maister James Nicolsone, now of Colbrandspeth, in all and haill the lands, lordschip and baronie of Colbrandspeth, with the tower, fortalice, houses, biggings, towne, maynes, schawes, wodes, mylnes, multors, fischings, coalles, coallheuches, salt pannes biggit and to be biggit thairupon, pairtes, pendicles and haill pertinents of the thmyne, togider with the lands of Bowscheill, Paddokcleuch, Rawchinsyde and Tourly, with all and sundrie outschottes, pairts, pendicles and haill pertinents of the samyne, annexis, connexis, tennents, tennandries, service of frie tennents thairof and all thair pertinents, lyand within the shirefdome of Bervick, as air to umquhile Maister Thomas Nicolsone of Colbrandspeth, comisir of Abirdeine, his father, of the dait the tuentie aucht and tuentie nyne dayes of October, jM vjC tuentie fyve yeirs, with the instrument of sasing following thairupon. And also the chartor of alienatioun of the lands and uthers forsaidis maid be Johne Arnot of Colbrandspeth and James Arnot, merchant burges of Edinburgh, his father, to the said umquhile Maister Thomas Nicolsone, his airs and assignais, of the lands and uthers abonespecifiet, to be haldine of the said Williame, earle of Angus, of the dait the penult day of August, jM vjC tuentie ane yeirs, and the precept of sasing thairin contenit and instrument of sasing following thairupon. And the chartor of confirmatioun maid be the said Williame, earle of Angus, of the dait the penult day of the said moneth of August, the said yeir of God jM vjC tuentie fyve yeirs, confirmand the chartor of alienatione abonespecifiet. As also the chartor of alienatione maid be umquhile Williame Arnot of Colbrandspeth to the said Johne Arnot, his sone, and Margaret Craig, his spous, of the lands and uthers abonespecifiet, wnder the reservationes and restrictiones thairin mentionat, to be haldine of the said Earle of Angus, daitit the tuentie sax day of May, jM vjC tuelff yeirs, the instrument of sasing following thairupon, of the dait forsaid of the samyne chartor, and the confirmatione of the chartor of alienatione immediatlie abonementionat maid be the said Earle of Angus, daitit the tuentie sax day of Marche, jM vjC and saxteine yeirs. And inlykmaner the chartor of alienatione of the lands and uthers forsaidis maid be James, lord Tarthorrald, and Elizabeth Gordoun, his spous, to the said umquhile Williame Arnot, to be haldine of the Earle of Angus for the tyme, daitit the auchteine day of Apryll, jM vjC nyne yeirs, and the precept of sasing thairincontenit, and instrument of sasing following thairupon, and the confirmatione of the chartor of alienatione immediatlie abonementionat maid be the Erle of Angus commissioners, daitit the thride day of Juni, in the said yeir of God jM vjC nyne yeirs. The chartor of alienation of the lands and uthers forsaidis maid be umquhile James Dowglas of Torthorrald to the said James, lord Torthorrald, then designit James Dowglas, his sone, and the said Elizabeth Gordoun, his spous, to be haldine of the Earle of Angus, daitit the auchteine day of July, jM vjC and four yeirs, and precept of sasing thairincontenit, and instrument of sasing following thairupon, and the confirmatione thairof grantit be the said William, now earle of Angus. As also the chartor grantit be Archibald, erle of Angus, to the said umquhile James Dowglas of Torthorrold of the lands and uthers forsaidis, to be haldine of the said Erle of Angus, of the dait the saxt day of Februar, jM vC fourscoor sevine yeirs, and the precept of sasing thairin contenit, and instrument of sasing following thairupon. And the chartor grantit be umquhile King James the Fyft to umquhile Archibald, earle of Angus, his airs and assignais thairinspecifiet, of the saidis lands, lordschipe and baronie of Colbrandspeth, to be haldine of his majestie, of the dait the [...] day of [...], the yeir of God jM vC and [...] yeirs, with the precept and instrument of sasing following thairupon. And inlykmaner the take and assedatioun sett be umquhile Dame Elizabeth Home, priores of the abbacie of Sanct Bothane, for hirselff and as commissionar for umquhile Adame, comendator of Bewlie, hir spous, and haiffand power of him to intromett with and uplift all and sundrie the fruites, rents, teinds and dewties of the said priores of Sanct Bothanes, and to sett takes long or schort thairof and dispone thairupon at hir pleasure, of the dait the tuentie sevint day of July, jM vjC and thretteine yeirs, quhairby schoe sett in tak and assedatioun to umquhile Alexander, earle of Home, his airs and assignais thairin mentionat, for the haill space of thrie lyftymes and thrie nynteine yeirs thairin exprest, all and haill the teindscheives of the townes, lands and maynes of Colbrandspeth and certane uthers lands thairin exprest, lyand within the parochine of Colbrandspeth and the said shirefdome of Bervick, for payment of the yeirlie dewtie thairin mentionat, in suafar as the samyne tak and richt thairof is assignit to the said Maister James Nicolsone in maner eftermentionat. Togider with the contract past betuix Marie, countes of Home, and umquhile James, earle of Home, hir sone, air maill of the said umquhile Alexander, earle of Home, takisman forsaid, baith with ane consent and assent, one the ane pairt, and the said Maister James Nicolsone of Colbrandspeth one the uther pairt, of the dait the tuentie fyft day of Junii, jM vjC threttie ane yeirs, quhairby the said countes and umquhile Earle of Hume maid and constituit the said Maistir James Nicolsone and his airs cessioners and assignais in and to the forsaidis teindscheaves of the saidis lands and maynes of Colbrandspeth, Chappelhill and Rawchinsyd, with all and sundrie thair outsetts, annexis, connexis, pairts, pendicles and pertinents thairof quhatsumever of the cropes and yeirs of God, jM vjC threttie and jM vjC threttie ane yeirs, and of all yeirs and cropes thaireftir during the lyftyme, yeirs and spaces contenit in the forsaid tak and assedatione to rinn, and in and to the samyne tak, clauses of warrandice thairin contenit and all uther conditiones, heads, articles and clauses thairinspecifiet conceavit and sett downe or that may be interprett in favours of the said umquhile James, earle of Home, and all actione, instance and executioun competent or that may be competent to the said umquhile James, earle of Home, his said mother or ather of thame, thair airs or assignais, be vertew thairof in all and sundrie pointes, articles and clauses thairin contenit, efter the formes and tennors thairof, and wills, declairs, statuites and ordaines that this present ratificatioun of the samyne is and sall be als valeid, effectuall and sufficient in all respects as if the samyne wer at lenth and word be word insert thairintill, dispensing heirby with the not inserting thairof. And farder his majestie, with advyse and consent forsaid, decernes, declairs and ordaines that the said Maister James Nicolsone and his forsaidis sall peaciblie bruik and joyse the lands and uthers abonespecifiet perteining to him heretablie as said is perpetuallie in all tyme coming, and the teinds forsaidis during the haill lyftymes, yeirs and spaces contenit in the said tak and assedatioun thairof abonespecifiet, conforme to the chartors, precepts, sasings, confirmationes, takes and assedationes thairto abonementionat; and that notwithstanding of any restitutione of any persones heirtofoir forfaltit or yett be the forfaltor led and deduicit againes any superiors of the saidis lands or be any uther lawes, constitutiones, revocationes, dissolutiones or actes of parliament quhatsumever quhairby the said Maister James or his authors richtes of the lands, teinds and uthers forsaidis may be quarrellit or callit in questioun, quhilkes his majestie, with advyse and consent forsaid, halds heir as exprest; and that this generalitie thairof sall be als sufficient as if everie act, constitutione, dissolutione, forfaltor, restitutione or revocatione wer heirine exprest, and ane speciall reservatione and exceptione of the said Johne Arnotes richts of the lands and uthers abonespecifiet exceptit and reserved thairintill, dischargeing his majesties thesaurar, comptroller, advocat or any uther having power or richt of his majestie to quarrell, trouble or molest the said maister James Nicolsone or his forsaidis in the peacible bruiking and joysing of the lands, teinds and uthers abonespecifiet and everie pairt thairof for any caus bygaine. Quhairof his hienes, with advyse forsaid, hes declarit and declares this present act to be a sufficient supplement of all faults, alsweill as if provisiones and remeids necessar wer speciallie mentionat and exprest heirine, ordaining thir presents to be a sufficient warrand to the clerk of register and his deputtes for extending of ane act of parliament heirupon in dew and competent forme.

  1. NAS, PA2/21, f.121v-122v. Back