[1641/8/417]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament ratifies, approves and confirmes ane contract and appoyntment made betuixt umquhile Johne, erle of Rothes, lord Leslie and Bambreiche etc., and Johne, erle of Kinghorne, lord Lyoun and Glames etc., one the ane pairt, and his majesties trustie cousigne, James, lord Couper, and Dame Margaret Halyburtoune, his spous, one the other pairt, of the dait the ellevint [...] dayes of July, the yeere of God jM vjC threttie eight yeeres, anent the alienatione made be the saidis erles to the said James, lord Couper and his said spous, and the longest liver of them tua, in conjunctfie, and the aires laufullie to be procreat betuixt them, quhilkes failyieing, to the said James, lord Couper, his other aires whatsomevir laufullie to be gottine of his bodie, quhilkes also failyieing, to the said James, lord Couper, his nerrest and laufall aires maile and assigneyes whatsomevir heritablie but ony redemptioune, reversione or regres whatsomevir, off all and haill the landis of Castletoun and Inglistoun, with houss, biggingis, yairdis, toftes, croftes, outsettes, annexis, connexis, pairtes, pendicles and all ther pertinentes, togidder with the new mylne of Eissie, mylne landis and pertinentes thairof, quhilkis are all proper pairtes and pendicles of the landis and barrony of Eissie, lyand within the shereffdome of Forfarr, togidder with the astricted multoures of the landis of Nevay of sicke cornes as growes wpoun the saidis landis or that shall be inbrought, viz: a pecke for the boll of the saidis cornes according to use and wont and dooing of all other dewtie and service for menteaneing and wpholding of the said mylne according to use and wont, as for the principall; and alse of all and haill the barrony of Auchterhouse, with the castelles, toures, fortalices, maner places, mylnes, multoures, wodis, fishingis, tennentes, tennendries, service of free tennentes, pairtes, pendicles and pertinentes of the samene, with all the pendicles thairof falloweing, viz: Haltoune of Auchterhouse, the landis of Burneheed, the maynes of Auchterhouse, the landis of Bonytoun, with all thair houss, biggingis, toftes, croftes and pertinentes, quhilkis are proper pairtes and pendicles of the saidis landis and barrony of Auchterhouse, lyand within the said shereffdome of Forfare, and that in speciall clause of warrandyce of the saidis landis principallie disponit as said is, as the said contract, conteaneing many other conditiones and provisiones in favoures of the said James, lord Couper and his said spous, at lenth proportes, togidder with the chartouris, infeftmentes, seasingis that hes fallowed or may fallow thairwpoun; togidder with the contract and appoyntment made betuene James, erle of Buchane, deceased, one the ane pairt, and the saidis umquhile Johne, erle of Rothes and Johne, erle of Kinghorne one the other pairt of the dait the [...] day of [...] the yeer of God, jM vjC therttie [...] yeeres anent the alienatione made be the said umquhile James, erle of Buchane to the saides Erles of Rothes and Kinghorne, there aires and assigneyes, off the liveing and erldom of Buchane, lordshipe of Auchterhouse and barrony of Eissie, quhairof the saidis landis of Castletoun and Inglestoun are speciall pairtes and pertinentes; togidder with the chartour granted be his majestie wnder the great seale to the saidis Erles of Rothes and Kinghorne of the said erledome and with the precept and instrument of seasing falloweinge therwpoun, and with all contractes, chartours, infeftmentes, seasingis, procuratories and instrumentes of resignatione and all otheres writtis, rightes, tytles, evidentes and securities quhatsomevir mad to the said James, lord Couper, his authoris and predicessoures of and conserneing the saidis landis, with the pertinentes, in the haill heedis, articles, clauss, conditiones and circumstances whatsomevir, mentionat and conteanit therintill eftir the formes and tennoures therof. And sieing the said James, lord Couper and his said spous have right to the saids landis and mylne and landis foirsaid givine in warrandyce therof proceeding from the saidis umquile Johne, erle of Rothes and Johne, erle of Kinghorne, who have right thairto, and to the said haill erledome proceeding from the said umquhile James, erle of Buchane, who hade right thairto be ane double and tuofold progres first be his mariage with umquhile Marie, countes of Buchane, his spous, who was the only bairne and heretrix of the said erldome, procreat betuixt umquhile James, erle of Buchan that last deceist, and umquhile Dame [...] Ogilvie, his spous, quhilke umquhile James, erle of Buchane wes procreat betuixt umquhile Dame Christiane Stewart, countes of Buchane and umquhile Robert, erle of Buchane, hir spous, the quilke umquhile Dame Cristiane succeedit therto as the only dochter and air of umquhile Johne, maister of Buchan, hir father, who wes the eldest sone and air of umquhile Johne, erle of Buchane, his father, lykeas the said umquhile James, last erle of Buchane, had also right to the said erledome proceeding from umquhile Johne, erle of Marre, his father, who had right therto from umquhile James, last erle of Murray, who had right therto proceeding from umquhile James, erle of Murray, his father, who hade right therto from umquhile James, erle of Murray, regent, who hade righte thairto from his majesties umquhile darrest guddame of happie memorie Marie, queene of Scottes; and if be the frequent interchange of the right of the saidis landis that some of the ancient and originall writtis and evidentes of the saids landis, liveing and erldome are lost and miscaried, our said soverane lord, with consent of the estates of parliament, for reassonabll causes, findis and declaires that the right abovementionat sua made to the said James, lord Couper and his said spous and thair foirsaidis from the said umquhill Johne, erle of Rothes and the said Johne, erle of Kinghorne of the saidis landis and mylne principallie disponit, and of the landis and otheres foirsaidis givine in warrandyce therof with this present confirmatione therof, is, may and shall be ane valied and sufficient right to theme and there aires for bruikeing and joysing therof, notwithstanding of the wante and defectes of the ancient and originall writtes or other evidentes of the said erldome; quhairanent, and with all other objectiones, imperfectiones and defectes (if ony be) quhilkes may be proponit or alledged aganes the validitie and sufficiencie of the saidis rightes, infeftmentes and securities of the said erldome (quhairof the saidis landis prinicpall and warrandyce abovementionat ar proper pairt and pertinent), and of this present confirmatione thairof, our said soverane lord, with consent of the estates of parliament, have dispensit and dispenses be thir presentes.
[1641/8/418]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, wnderstanding that the burghe of Selkirke is the speciall and onlie burgh royall within the boundis of his majesties lordshipe of Ettrike Forrest and shereffdome of Selkirke, and that there is great quantities of nolt, sheepe and of woll, and of other bestiall and goodis to be sold in ther mercattes and faires, and that ane of there dayes appoynted for holding of ane of ther faires being in the middest of winter wpoun the eight day of December, neere Yule and the shortest day, is altogidder wnproffitable in respect of the shortnes of the day, foulnes of the weather that uses to be at that tyme, deepnes of the soill and greatnes of the watteres of Tueid, Ettrike, Yarrow and otheres rining neer the said burghe, quhilke hinderes baith the bestiall and goodes than to be transported to and fra the said burghe and the leiges to come and goe thairto without great hazard of the tinsall of the samene goodis and bestiall and the owneres and buyeres, ther lyves, sua that the inhabitantes not onlie of the said burghe, bot also of the haill shereffdome and boundis therabout and otheres haveing to doe in the faires therof, greatlie desyres and hes earnestlie supplicat his majestie and his hienes commissioner and estates of parliament that ther be ane fair and mercat holdine and keeped in the said burgh of Selkirke wpoun the fourt day of Julii, callit Saint Merteene of Bullione, his day, being in the middest of sommer when the bestiall, nolt, sheepe, wooll and otheres merchandice of that kind, whilkis are most plentifull and aboundis in these pairtes, are at the best and may most commodiouslie be transported to and from the said burghe and when the people may most saiflie and convenientlie repair thairto to sell and buy and without danger of the saidis many great wateres lying theraboute, quhilke his majestie and haill estates of parliament hes thought most reassonable and meit, therfore his majestie and estates of parliament hes givine and granted and be thir presentes grantes to the baillies, counsell, burgess, inhabitantes and commontie of the said burgh of Selkirke and to ther successoures ane new mercat and fair to be haldine and keeped be them in the said burghe of Selkirke wpoun the said fourt day of Julii, callit Saint Merteene of Bullioun, his day, and to continow for eight dayes thaireftir as use is yeerlie and perpetuallie in all tymecomeing, and therwith gives and grantes to them and ther successoures all tolles, customes, priviledges, immunities and liberties perteaneing to ane free fair of ane free burghe royall, to be bruikit, holdin, joysit, usite be the saidis baillies, counsell and commontie of the said burghe and ther successoures, sicklyke and als freelie as they bruike any other mercat or fair within the said burghe, and as any other burghe royall within this kingdome bruikis, holdis and uses the lyke fair and mercate and liberties therof therintill for evir. And our said soverane lord and estates of parliament ordeanes ane infeftment or gift, if need bees, to be past wpoun the said faire and mercat yeerlie to be holdine as said is, and liberties therof, tolles, customes, priviledges and immunities therof, to and in favoures of the saidis baillies, counsell and commontie of the said burghe of Selkirke and ther successoures aither per se or be conteanit in ony infeftment, gifte or signatour to be past in thair favoures, and in the meantyme, ordeanes this present act to be ane sufficient and lauchfull warrand to the saidis baillies, counsell, burgess and commontie of the said burghe and ther successoures for bruikeing and holding of the said mercate and fair the tyme foirsaid yeerlie, and for wptaking of the saidis customes, tolles and dewties therof and for using all otheres liberties and privileges perteaneing therto in maner foirsaid ay and whill the said infeftment, gifte or signatour be exped be his hienes or his successoures to them therwpoun wnder his hienes great seale in dew forme, notwithstanding that the samene be not conteanit in any sicke gifte or infeftment granted to them therwpoun; quhairanent his majestie and estates of parliament dispenses be thir presentes and declaires and ordeanes that this present mereat and fair, libertie and privilege therof heerby granted shall be but prejudice to the saids baillies, counsell and commontie of the said burghe and ther successoures anent ther holding and bruiking of all former faires and mercates granted to them and ther predicessoures at any tyme bygone and wherof they are in possessioun.
[1641/8/419]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the estates of parliament, hes ratified, approvine and confirmed and, be the tennour heerof, ratifies, approves and confirmes, ane chartour and infeftment of the dait at Edinburghe, the tuelffe day of Julii, the yeer of God jM vjC therttie four yeeres, granted in favoures of his majesties lovitt Sir James Ballfour of Kinnaird, knycht barronet, his hienes lyone king at armes, off all and haill the landis and barrony of Kinnaird, with the pertinentes, togidder with the precept and instrument of seasing falloweing therwpoun, in all and sindrie heedis, clauss, articles, poyntes, circumstances and conditiones thairof whatsomevir admittand. Lykeas our said soverane lord, with advyse and consent foirsaid, admittes the generalitie heerof to be alse good, valied and sufficient as if every heed, article, clause and conditione specified and conteanit in the said chartour, precept and instrument of seasing falloweing therwpoun wer at lenth and per expressum insert and sett doune heerintill; quhairanent our said soverane lord, with advyse and consent foirsaid of the saidis estates of parliament, hes dispensit and be thir presentes dispenses for evir.
[1641/8/420]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the estates of this present parliament, ratifies and approves the chartours mad and granted be his majestie wnder his hienes great seale to and in favours of Thomas MacKeinzie of Pluscardine, therin designit brother germane to George, erle of Seaforth, lord MacKeinzie of Kintaill, and Jeane Grant, his spous, the longest liver of them tua, in conjunctfie, and to ther aires maill and of tailyie therinspecifiit, off all and haill the mylnes of Elgine, callit the mylnes of Mostowie and Kingis Mylne, with the mylnelandis, astricted multores and otheres dewties and priviledges therof usit and wont, and to the said Thomas McKenzie and to his aires maill and of tailyie therinmentionat off all and sindrie the landis, teyndis and otheres eftirspecifeit, viz: the maynes of Pluscardeine, the landis of Quhytruise, Barnehill, Overtoun, Drinkinghill, Corsleyes, Auchtertyre, Forresterseat, Netherbyre and Eisterhill, with all and sindrie the teyndshaves of the landis particularlie abovewrittin includit, whilkes wer never wont to be separat from the stoke, with castelles, toures, fortalices, maner places, pairtes, pendicles, annexis, connexis, orchyairdis, parkes, midowes, wairdis, wodis, mylnes, fishingis, tennentes, tennendries and service of free tennentes of the landis and others abovewrittin; and alse of all and sindrie the teyndshaves of the landis eftirmentionat, viz: of the landis of Westertoune, Inchellane, Incharnoch, Croy, Westerhillis, Reiddavie, Balleloun, Aplewaird and of the mylnelandis of the mylne of Pluscardine, with all thair annexis, connexis, pairtes, pendicles and pertinentes whatsomevir, lyand in the Glene of Pluscardine and within the shereffdome of Elgine and Forres, conteaneing ane new gifte, made and granted be his majestie eftir his hienes laufall aige of tuentie fyve yeeres compleet, and eftir all his majesties revocationes generall and speciall, and eftir his hienes parliament haldine at Edinburghe upon the tuentie eight day of Junii, the yeere of God jM vjC therttie three yeeres, and eftir dissolutioun thairinconteyned, off all and haill his majesties propertie and proper landis for setting therof in few ferme to and in favoures of the said Thomas McKeinzie and his said spous and ther foirsaidis in maner abovedevydit, off the landis, mylnes, teyndis and otheres abovespecifeid, all therby unit in ane barrony callit the barrony of Pluscardeine, to be haldine of his majestie and his successoures for payment of the few and blenshe dewties therinexprest, off the dait at Edinburghe, the tuentie fyfte day of Julii, the yeir of God jM vjC therttie sex yeeres, with the precept of seasing and instrument of seasing falloweing upoun the said chartour in all poyntes, articles and clauss thairinconteanit eftir the formes and tennoures therof. And declaires this present ratificatione of the saidis chartour, precept and seasing to be alse valied, effectuall and sufficient in all respectes as if the samene wer at lenth and word be word ingrossit and insert, heirintill dispensand with the not inserting therof. Lykeas his majestie, with consent foirsaid, findis, declaires, statutes and ordeanes that the samene chartour, precept and instrument of seasing with the remanent writtis, rightes and securities mad to the said Thomas MacKeinzie and his said spous and ther authoures and predicessoures are, and shall be, sufficient and valied rightes and securities to them and to ther aires of tailyie and assigneyes foirsaidis for bruiking and joysing of the landis, teyndis, mylnes and otheres abovespecifeid perpetuallie in all tymecomeing for payment of the dewties particularlie mentionat in the said chartor.
[1641/8/421]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament ratifies and approves the chartour wnder his majesties great seale granted to umquhile Johne, erle of Marre, his aires maill and assigneyes, off the dait at Theobaldis, the fourteene day of Julii jM vjC therttie four yeeres, by the quhilke his majestie hes ratified and approvine the chartoures and infeftmentes of erectione granted be his majesties umquhile father of blissed memorie to and in favoures of the said umquhile Johne, erle of Marr, his aires maile and assigneyes, erecting the abbacyes and pryories of Dryburghe, Cambuskenneth and Inchmahomo to the said Johne, erle of Mare and his foirsaidis in ane temporall lordshipe, to be callit the lordshipe of Cardrois, with all rightes and dispositiones mad be the said erle in favoures of his bairnes and childrine or in favoures of any of his majesties subjectes of whatsomevir kirkes and teyndis perteaneing to the said new erected lordshipe in the haill heedis and articles therof. And willis and declaires that this present ratificatioune shall be alse effectuall as if the samene wer heerin insert de verbo in verbum, and willis and declaires that the benefit of the said chartour is and shall be extendit to and in favoures of David, lord Cardros, oy to the said erle and successour to him in the right of the said lordshipe of Cardros, quhairin the said David standis infefte as sone and air to umquhile Hary Erskeene, lord Cardrois, his father.
[1641/8/422]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament ratifies and approves the chartour made, givine and granted be our soverane lord, with consent of his hienes thesaureres principall and deputie and remanent lordis of his hienes exchequer of Scotland, his majesties commissioneres, to his hienes lovit Sir Thomas Stewart, feare of Gairnetullie, knycht, eldest lauffull sone to Sir Williame Stewart of Gairnetullie, knycht, his father, his aires maile and assigneyes therinconteanit heritablie, off all and haill the barrony of Strabrawin, conteaneing and comprehending all and sindrie the tounes and landis of Innerchohill, Cablea, Ballinreich, Tomnagreive, Tomnagarne, Borlicke, Tombane, Drumore, Sallachar, Pitcleoch, Tulloch, Cartarune, Bullichchlachaine, Baldinlone, with the mylne, mylnelandis therof, Smiddie Croft, Ballinlicke, Meikle Logie, Middlelogy, Eister Logy, Alloquhy, Ballintume, Candnacalyee, alias Wodend, Tonmagarve, Turrisewake, Litletrochrie, Meekle Trochrie, turrim et fortalicium de Trochrie, Glenshee, Glenfindore et Meikle Finduie, with all and sindrie mylnes, mylnelandis, multoures, sequelles, wodis, fishingis, greenes, forrestes, gersumes, houss, bigingis, yairdis, orchyairds, offices, priviledges, dignities, annexis, connexis, outsettes, tennentes, tennendries, service of free tennentes, pairtes, pendicles and pertinentes quhatsomevir off all and sindrie the saidis landis and barrony, lyand within the sherreffdome of Pearth, reserveand to the said Sir Williame Steweart his franke tenement or lyferent of the samene, dureing all the dayes of his lyfetyme, proceeding wpoun the resignatione of the saids Sir Williame Stewart and Sir Thomas Stewart, his sone, with the new gifte and dispositione therinconteaned, and unioune of the saidis landis and otheres abovewrittin in ane haill and frie barrony callit the barrony of Strabrawin, to be haldine of our said soverane lord and his hienes successoures in fewferme, fie heritadge, free barrony for payment of the yeerlie fewdewtie and fullfilling of the other conditiones conteanit in the said chartour, as the samene wnder his majesties great seale off the dait the last day of Julii, the yeer of God jM vjC therttie eight yeires at maire lenth beeres, with the procuratorie and instrument of resignatione wherone the said chartour proceedit, precept of seasing and instrument of seasing falloweing therwpoun, off whatsomevir daites, tenuoures or contentes the samene be of, in all and sindrie the heedis, poynts, clauss, articles, circumstances and conditiones therincontenit, and eftir the formes and tennoures therof in all poyntes. And our said soverane lord and estates of parliament willis and grantes and, for his hienes and his successoures, decernes and ordeanes that this present ratificatione of the said chartour, procuratorie and instrument of resignatione wheron the samene proceedit, precept and instrument of seasing falloweing therwpon is and shall be of als great force, strenth and effect and alse valied and sufficient to the said Sir Thomas Stewart and his foirsaidis for bruiking of the saidis landis, barrony and otheres abovewrittin, as if the said chartour and rightes abovewrittin heerby ratified were all at lenth de verbo in verbum heerinconteanit and insert, notwithstanding the samene be not sua done; quhairanent, and with all other defectes and imperfectiones that may be proponit or alledged aganes the saidis chartour and rightes and validities of the samene, or this present ratificatione of the samene, our said soverane lord and estates of parliament hes dispensit and be thir presentes dispenses for evir. And farder, our said soverane lord and estates of parliament willis, grantes, decernes and ordeanes that the said chartour and otheres rights foirsaidis and this present ratificatione thairof is and shall be good, valied and sufficient rightes in themselffes to the said Sir Thomas Stewart, his aires maile and assigneyes foirsaidis for bruikeing of the forsaidis landis, barrony and otheres foirsaidis, with the pertinentes, heritablly and perpetuallie in all tymecomeing, without ony objectione or exceptione to be made, proponit or alledged in the contrair, quhairanent also our said soverane lord and estates of parliament hes dispensit and be thir presentes dispenses for evir.
[1641/8/423]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of this present parliament hes ratified and approvine and, be thir presentes, ratifies and approves the chartour granted be his majestie, with consent of his hienes thesaurer, thesaurer deput and remanent lordis of his majesties exchekker, wnder his hienes great seale, of the dait the tuentie ane day of Januar, the yeere of God jM vjC therttie tuo yeeres, to his majesties lovit Sir Johne Wauchope of Niddriemershell, knycht, therin designit Johne Wauchope, his aires maill and assigneyes whatsomevir, off all and haill the landis and barrony of Nidriemershell, alsweell the tua pairt as third pairt therof, with maner places, houss, biggingis, yairdis, orchyairdis, mylnes, multoures, coalles, coallheuches, annexis, connexis, parts, pendicles and all ther pertinentes, with the advocatione, donatioune and right of patronage of the kirke or chappell of Niddriemershell, and alse of all and haill the landis of Pillmure, with the pertinents, all lyand within the shereffdome of Edinburghe; and alse conteaneing ane ratificatione of tua infeftmentes, ane thairof made be umquhile Sir James Sandilandis of Slamano, knycht, to Maister James Sandilandis, comissaire of Abirdene, his aires and assigneyes of the saidis landis and barrony of Nidriemershell, with ther foirsaidis and right of patronage abovespecified, and the wther therof made be the said Maister James Sandilandis, with consent of Katherine Patersone, his spous, and Maister Thomas Sandilandis, his eldest sone, to the said Sir Johne Wauchope, his aires maile and assigneyes of the lands, barrony and otheres abovespecified; and sicklyke conteaneing ane new gifte granted be his majestie, with consent foirsaid, to the said Sir Johne Wauchope and his foirsaidis, off the samene landis, barrony and wtheres respective abovespecified. And lykewayes ratifies and approves ane other chartour made be his majestie, with consent foirsaid, wnder his hienes great seill, of the dait the third day of Julii, the yeere of God jM vjC therttie sevine yeeres, to the said Sir Johne Wauchope, his aires maile and assigneyes whatsomevir, off all and haill the toune and lands of Ravellrige, with houss, biggingis, yairdis, orchyairdis, toftes, croftes, onsettis, outsettes with commontie, commoun pasturage, mures, moss, midowes and all ther pairtes, pendicles and pertinents of the said toune and landis of Ravillrige, with the priviledge, within the haill commontie of Balerno, with the pertinentes, alsweell for pasturage as for wining and transporting of peites, fewell, faill and devot and turves, conforme to old use and wont allenerlie, lyand within the barrony of Balerno and shereffdome of Edinburghe, as baith the saidis chairtoures of the daits respective foirsaidis in themsellfes mor fullie proportes, togidder with the preceptes and instrumentes of seasing falloweing upoun the saidis chartours, togidder with all and sindrie otheres infeftmentes, chartoures, seasingis, confirmationes and otheres evidentes, rightes and securities made to the said Sir Johne Wauchope, his predicessoures and authores, off and conserning the landis, barrony, right of patronage and otheres respective abovespecified, off whatsomevir daites, tennores or contentes the samene be of, in all and sindrie heedis, clauss, articles and conditiones conteanit therintill, and eftir the formes and tennoures therof in all poyntes. And his majestie and estates of this present parliament willes and grantes that this present ratificatione sall be alse good, valied and sufficient as if the saidis chartoures, infeftmentes and otheres speciallie and generallie abovementionat were heerin speciallie ingrossit and insert, quhairanent our said soverane lord and estates foirsaidis hes dispensit and dispenses be thir presentes.
[1641/8/424]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament hes ratified and approvine and, be thir presentes, ratifies and approves the letters of gifte granted be his hienes darrest umquhile father, of eternall memorie, with consent of his hienes thesaurer, thesaurer deput and lordis commissioneres for the tyme, wnder his hienes great seale, to his majesties lovitt Sir William Seatoun of Grange, eldest laufull sone to umquhile Sir Williame Seatoune of Kylsmure, knycht, dureing all the dayes of his lyftyme, quhairby the said Williame is made, constitute and ordeanit his majesties first and cheefe postmaister of all his hienes postmaisteres and of all postmaisteres, jornay maisteres and keeperes of jornay houss†, alsweell ordeanit as to be ordeaned within this kingdome of Scotland; and hes givine the said office to the said William with all fies, liberties, casualities and dewties perteaneing or that shall be dew and perteene therto dureing all the dayes of his lyftyme; and hes givine, assignit and disponit to the said William dureing his said lyftyme ane fie of fyve hundreth pundis yeerlie to be wplifted at Whitsonday and Mertimes be equall portiones forth of the reddiest of his hienes rentes and casualities of this kingdome of Scotland, and to be received fra his hienes thesaurer, comptroller and collectoures of his majesties new augmentatiouns and thair deputes, as in the saidis letters of gifte granted be his hienes said umquhile darrest father of eternall memorie, of the dait at Theobaldis, the second day of Apryle, jM vjC tuentie three yeeres, at lenth beeres, in all and sindrie heedis, clauss, articles and conditiones contenit thairintill, eftir the forme and tennor therof, provyding allwayes that the said patent of the said Williame Seatoune of the generall postmaistershipe of this kingdome nor the ratificatione heerof in this present parliament shall be nowayes prejudiciall to the freedome, liberties and priviledges of the burghes of Bruntyland and Kinghorne anent ther jurney maisteres and journey horses for serveing of the leiges, and that the samene patent is nowayes to be extendit againes them nor ther saidis jurney maisters within the samene burghs, neither now nor at any tyme heereftir (and that be the speciall assent and consent of the said Williame Seatoun) conforme to ane decreet of absolvitour of the lordis of secreet counsell granted in favoures of the saidis burghes, aganes umquhile Sir William Seattoun of Kylsmure, knycht, father to the said Williame, off the dait at Edinburgh, the nynteene day of December, jM vjC and tuent yeeres; declaireing lykewayes be thir presentes that the foirsaid decreet shall stand in the full vigour and force thairof in all tymecomeing.
[1641/8/425]*[print] [email] [cite] [preceding] [following]
Our soverane lord, calling to mynde that his majesties umquhile great grandfather, King James the Fourt of blissed memorie, in his fourt parliament and threescoir ane chapter therof, for menteaneing of justice within the cuntrie of Caithnes to all his majesties leidges within the same, and in respect of the farre distance betuixt Caithnes and Innernes, quhilkes wer all wnder ane shereffdome at that tyme, callit the shereffdome of Innernes, and for the bettir ease to his majesties leiges within the cuntrie of Caithnes in all tymecomeing, with advyse of his majesties estates of parliament, disjoyned the cuntrie of Caithness fra the shereffdome of Innernes, and statute and ordeaned that ther should be ane shereff made who should be callit the shereff of Caithnes and to have full jurisdictione of shereffshipe of all the diocie of Caithnes, and that he should sit and have a place for administratione of his office within the toune of Weeke, as the said act of parliament at mair lenth proportes. Lykeas umquhile King James the Sext of blissed memorie, his majesties darrest father, be his letters of patent wnder the great seale of Scotland off the dait the tuentie fyfte day of September, jM vC fourscoire nyne yeeres, erected the burghe of Weeke in ane burghe royall with the lyke priviledge and liberties as any other royall burghe within this kingdome hes, as the saidis letters patent of the dait foirsaid lykewayes beeres, in regaird wherof the said burghe of Weeke is the heed burghe of the shereffdome of Caithnes, and haveing ane sufficient tollbuith and mercat croce within the same, and being situat in the middle place of the said shereffdome of Caithnes and is most commodious for his majesties leiges within the said shereffdome for holding of sherreff courtes within the samene burghe of Weike, and that all proclamationes, denunciationes, inhibitiones and comprysingis be usit onlie at the mercat croce therof in all tymecomeing, as place most convenient for that effect, conforme to ane testificat subscryved be the most pairt of the noblemen and barones within the said shereffdome of Caithness, directed to our soverane lord and estates of parliament for verificatione of the conveniencie of the said burgh of Weeke to be the heed burghe of the said shereffdome of Caithnes and for holding of the shereffe courtes therof, and for useing off all letters and proclamatiouns at the mercat croce of Weeke in all tymecomeing, as the same testificat of the dait the tent day of October, jM vjC fourtie ane yeeres, produced in parliament in presence of his majestie and estates, lykewayes proportes. In consideratione of the whole premiss, and for the bettir ease of our soverane lordis leiges within the said shereffdome of Caithnes, and that the said burgh of Weeke may encrease and florishe in the liberties therof in tymecomeing, therfore our said soverane lord, with advyse of the estates of this present parliament, ratifies and approves the said act of parliament made be umquhile King James the Fourt, with advyse of his estates, anent the erecting of the said shereffdome of Caithnes and ordeaneing the toune of Weeke to be the place wher the shereffe of Caithnes and his deputes and clerkes shall hold there courtes in all tymecomeing, and sicklyke ratifies and approves the letters patent granted be umquhile King James the Sext in favoures of the proveest, baillies, counsell and burgess of the toune of Weeke, erecting the same in ane free burghe royall, with all priviledges and liberties belonging to ony other royall burghe, as the said act of parliament and letters patent of the daits foirsaid beeres, in the haill heedis, articles, clauss and circumstances thairinconteanit, eftir the forme and tennour therof in all poyntes. Lykeas his majestie, with advyse foirsaid, ordeanes the said burghe of Weeke to be the heed burghe of Caithnes, and ordeanes the shereffe of Caithnes and his deputes and clerkes to sit and hold ther haill courtes in all causes, both civile and criminall, within the tolbooth of Weike and direct preceptes to his majesties leiges to compeir ther for all causes in all tymecomeing, and sicklyke ordeanes all proclamationes, denunciationes, inhibitiones, comprysingis and otheres letters and citationes to be usit at the mercate croce of Weeke in all tymecomeing as place most convenient for that effect. Lykeas his majestie, with advyse of the saidis estats of parliament, declaires that all services, decreetes and otheres that shall not be done and pronunceit be the said shereffe of Caithnes and his deputes within the said burghe and tolbooth of Weeke and all denunciationes, proclamationes, inhibitiones, comprysingis and otheres letters and citationes quhatsomevir that shall not be usit at the mercate croce of Weeke in all tymecomeing, shall be null and of none availl, force nor effect, with all that may fallow therwpoun bot ony decreet or declarator to be givine wpoun the samen, bot onlie be way of exceptione, and sicklyke ordeanit the shereffe clerke of Caithnes present and to come to have his actuall duelling in the burghe of Weeke in tymecomeing, otherwayes to loose his office. And our said soverane lord, with advyse foirsaid, dischairges the proveest, baillies and burgess of the burgh of Weicke of the soume of ten merks yeerlie since the dait of thir letters patent of the erectione thairof in a royall burghe as said is, appoynted to have bene payed be them for the dewties of the said burgh, and dischairges his majesties thesaurer and deputes fra asking the samene heerefter; quhairanent thir presentes shall be to them ane sufficient warrand and exoneratione.