Ratificatione in favores of the Erle of Mortoune

Our soverane lord, with advyse and consent of the estates of this present parliament, ratifies and approves the three chartoures and contract respective efterspecified, viz: the chartour made and granted be his majestie under his hienes great seale of the date at his hienes court of Quhythall, the sexteene day of Merche the yeer of God jM vjC therttie eight yeeres, to his majesties right trust cusigne and counsellour Williame, erle of Mortoun, lord Dalkeith, ane of the most honourable order of the knytes of the gairter, his aires maill and assigneyes, of the barrony, lordshipe, regaitie and erldome of Mortoun to be holden comprehending the landis, barronyes, burghs of barrony, regalitie, rightes of patronages, seaports and otheres mentionat in the said chartour, all to be haldine of his majestie and his successours in frie blensche, fie heritadge, frie barrony and regalitie for evir, for payment of ane penny usuall money of this realme of Scotland at the principall messuage, maner place of Aberdour, at the feist of Whitsonday, in name of blensch ferme, if it bees askit allenerlie, notwithstanding that sume of the landis, barronyes and otheres therinspecified wer formerlie halide be the said Williame, erle of Mortoun and Robert, lord Dalkeethe, his sone, or ather of them, of his majestie and his most noble progenitoures be service of waird and releefe or be some other maner of way. The contract and appoyntment past betuixt his majestie, with consent of his hienes trustie counsellour Sir James Carmichaell of that ilke, knyght, his majesties deputie thesaurer, comptroller, collectour and thessaurer deput of his hienes new augmentations of the said kingdome of Scotland, and of the remanent lordis of his majesties excheker of the said kingdome, his hienes commissioneres, and of Johne, erle of Traquair, lord Lintoun and Caverstoun, and the said Erle of Traquair, for his owne right and entres in and to the landis and otheres therinmentionat, one the one pairt, and the said Williame, erle of Mortoun one the other pairt, of the dait at Knytsbridge, Whythall and Halyrudhous respective, the tuentie fourt day of Junii and fyfteene day of September, the yeer of God jM vjC fourtie one yeeres, quhairby his majestie, with consent foirsaid, renunced the band of alienatione and contract therin insert, made be the said Williame, erle of Mortoun and his said sone and ther spouss in favoures of his majestie and his hienes successoures of the landis and barrony of Dalkeith, Lugtoune and Shereffhall therinmentionat, with the teyndis and perinentes therof therinspecified and the procuratories of resignatione ad remanentam respective therinconteyned, and instrumentes of resignatione falloweing therwpone, with all infeftmentes and otheres securities falloweing or appoynted to fallow wpoun the samene, and be the quhilke last contract his majestie, with consent foirsaid, hes promitit to pase new infeftmentes in favoures of the said Erle of Mortoun, his aires maill and assigneyes off the landis, teyndis and otheres foirsaidis formerlie disponit be him to his majestie in forme and maner mentionat in the said contract. And the two charters falloweing wpoun the said contract wnder his hienes great seale, baith in favoures of the said Erle of Mortoun and his abovewrittin, the ane thairof of the landis, lordshipe, barrony and regalitie of Dalkeith comprehending the landis, lordship, barronyes, regalitie, patronage and otheres particularlie therinspecified, to be holdine of his majestie and his hienes successoures in fie heritadge, frie blensch, free lordshipe, free barrony and free regalitie for evir, for yeerlie payment to his majestie and his hienes successoures of ane penny usuall money of the said realme of Scotland at the principall messuage of Dalkeeth at the feist of Whitsonday, in name of blenshe ferme, if it bees askit allenerlie, and alse for yeerlie payment to the minister of the kirke of Dalkeith and his successoures ministeres therat for the teyndis therinmentionat of the dueties presentlie due and auchtand and vsit to be payed to them forth of the saidis teyndis, notwithstanding that some of the saidis landis, lordshipe, barronys and regalitie wer formerlie holdine of his majestie be some other maner of way of holding and wer not formerlie erected in free regalitie; and the other of the landis and barrony of Shereffhall therin conteyned, with the teyndes and pertinentes thairof therinspecified, to be holdine of his majestie and his successoures in fie heritadge, free blensh and free barrony for evir, for yeerlie payment to his majestie and his successours as lordis of the lordshipe and regalitie of Dumfermeling, for the landis and barrony of Shereffhall, of old unite in the said barrony of Shereffhall, off tuo pund of peppir at the feist of the Nativitie of our Lord in name of blenshe ferme allenerlie, and for the teyndis mentionat in the said chartor off ane pennie usuall money of the said realme of Scotland wpoun the ground of ony pairt of the saidis landis at the feist of Whitsonday, in name of blenshe ferme, if it bees askit allenerlie, quhilkis tuo chairtoures are both daited at Halyrudhous, the said fyfteene day of September jM vjC fourtie ane yeeres foirsaid, in all poyntes, articles and clauss thairin conteint efter the formes and tennoures therof. And declaires this present ratificatione of the saids contract and chartoures respective to be alse sufficient in all respectes as if the samene were at lenth and word be word insert and ingrossit heerintill, dispensand be thir presents with the not inserting therof. And farder declaires, statutes and ordeanes that the contract and chartours respective abovespecified, with the said Erle of Mortoun his former rightes, securities and infeftmentes of the landis and otheres foirsaidis, are and shall be sufficient and valied rightes and securities to the said Erle of Mortoun and his foirsaidis for bruiking and enjoying of the landis and others thairin exprest, to be holdine in maner thairin conteyned, notwtstanding that some of the landis and otheres conteyned in the saidis chartores and infeftmentes therby appoynted to be holdine heereftir in free blenshe and regalitie were formerlie haldine be service of waird and releefe or some other maner of halding, and notwithstanding all other objectiones, impedimentes and defectes that may be proponit or alledged aganes the validitie therof, quhairanent, his majestie, with consent of the estates of parliament, hes dispensit and, be thir presentes, dispenses for evir. And lykewayes his majestie, with consent of the saidis estates, willis and declaires that this present ratificatione of the saidis contract and chartoures shall be alse valied and effectuall to the said Erle of Mortoun and his foirsaidis as if the samene had bene granted be his majestie with consent of the saidis estates fra the begineing.

  1. NAS, PA2/22, f.265r-266v. Back