[1633/6/77]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the decreet of reduction and declarator after-mentioned and contained therein, given and pronounced by the lords of council and session upon 25 July 1528, at the instance of the late Dame Mary Douglas, countess of Buchan, heir immediately by progress to the late James [Stewart], earl of Buchan, lord Auchterhouse, her great-great-grandfather's grandfather, and at the instance of his highness's right trusty cousin James, earl of Buchan, lord Auchterhouse, her spouse, who is heritably infeft in the earldom of Buchan, whole lands, lordships and baronies pertaining thereto, with the honours, dignities, titles and privileges of the same upon the resignation of the said late Dame Mary Douglas, countess of Buchan, his spouse, against Alexander [Montgomery], earl of Eglinton, lord Montgomery, James [Graham], earl of Montrose, lord Graham of Mugdock, John [Kennedy], earl of Cassilis, lord Kennedy, George [Sinclair], earl of Caithness, lord Sinclair, William [Sinclair], lord Sinclair of Berriedale, his eldest son and apparent heir, the late James [Cunningham], earl of Glencairn, lord Kilmaurs, and William [Cunningham], lord Kilmaurs, his eldest son and apparent heir, whereby the said lords of council and session, for the causes contained in the said decreet, have reduced, retreated and rescinded the pretended decreet given and pronounced by his majesty's late dearest father, King James VI of worthy and eternal memory, his commissioners for the time, regarding the placing and ranking of the nobility of this his highness's kingdom of the date 5 March 1606, by the which the said Alexander, earl of Eglinton, James, earl of Montrose, John, earl of Cassilis, George, earl of Caithness, William, lord Sinclair of Berriedale, his son, the late James, earl of Glencairn, and William, lord Kilmaurs, his son, and their predecessors have allotted to them the precedency and priority in place and dignity before the said late Dame Mary Douglas, countess of Buchan, and his highness's said right trusty cousin James, earl of Buchan, her spouse, together with all and whatsoever charters, infeftments, writs, evidents, creation of dignities and other testimonies and documents whatsoever made and granted by our said sovereign lord or his highness's predecessors kings and queens of Scotland to the foresaid persons above-named, their fathers, grandfathers, great-grandfathers, great-great-grandfathers or any other of their predecessors of the father or mother side, to whom they have succeeded or may succeed by right of blood, or conceived or introduced in their favour, whereby they or any of them claims or may claim the place, priority and precedency of rank or dignity before his highness's said right trusty cousin James, earl of Buchan and the said late Dame Mary Douglas, countess of Buchan, his spouse, of whatsoever date, tenor or contents the same be of; and has determined and declared the same to have been from the beginning, to be now and in all time coming null and of no value, force nor effect with all that has followed or may follow thereupon, in so far as the same or any of them may prejudice his highness's said right trusty cousin James, earl of Buchan and the said late Dame Mary Douglas, countess of Buchan, his spouse, in their right title and dignity of the said earldom of Buchan. And whereby the said lords have found and declared that notwithstanding thereof the said late Dame Mary Douglas, countess of Buchan, and his highness's said right trusty cousin James, earl of Buchan, her spouse, and their successors in the earldom of Buchan had, and have, good right to the place, priority and precedency in parliaments, general councils and other meetings and conventions whatsoever before the said Alexander, earl of Eglinton, James, earl of Montrose, John, earl of Cassilis, George, earl of Caithness, William, lord Sinclair of Berriedale, his son, the late James, earl of Glencairn, and William, lord Kilmaurs, his son, their heirs and successors, as the said decreet of reduction and declarator of precedency above-specified therein contained of the date foresaid at more length bears in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the form and tenor thereof in all points, likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants, and for his highness and his successors perpetually decrees and ordains that this present ratification of the said decreet of reduction and declarator of precedency is and shall be as valid, sufficient and effectual to his highness's said right trusty cousin James, earl of Buchan and his heirs and successors in the said earldom of Buchan as if the same decreet had been herein at length word for word, specially and particularly, inserted and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this ratification dispenses for ever.
[1633/6/78]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment granted by his majesty, with consent of his highness's principal treasurer, collector and comptroller of this kingdom of Scotland and of his majesty's treasurer depute in the said offices for the time and of the other lords, his highness's commissioners of the said kingdom, under his majesty's great seal, to his highness's right trusty cousin James, earl of Buchan, lord Auchterhouse, and the late Dame Mary Douglas, countess of Buchan, his spouse, and to the longest liver of the two, in liferent for all the days of their lifetimes, and to his highness's trusty cousin James [Erskine], lord Auchterhouse, their lawful son, in fee, and to his male heirs lawfully to be procreated of his body, which failing, to return to his highness's said right trusty cousin James, earl of Buchan and the male heirs then lawfully procreated, or to have been procreated, between him and the said late Dame Mary Douglas, countess of Buchan, his spouse, which also failing, to the nearest and lawful male heirs and assignees whatsoever of the said James, earl of Buchan heritably under the special conditions and with the particular reservations, restrictions and provisions respectively mentioned in the said charter, of all and whole the lands and earldom of Buchan, with the whole honours, dignities, titles and privileges pertaining thereto, comprehending also in the same the particular lordships, baronies, annualrents and others respectively and specially after-mentioned which are all proper parts and pendicles of the said earldom of Buchan, namely: all and sundry the lands and earldom of Buchan, with castles, towers, fortalices, woods, mills, multures, fishings, tenants, tenancies, service of free tenants, advocations and donations of kirks, benefices and chaplainries, and all their parts, pendicles and pertinents whatsoever; all and whole the lands and barony of the thanedom of Glendowachy, with woods, mills, multures, fishings, towers, fortalices, manor places, tenants, tenancies and service of free tenants of the same, and all their parts, pendicles and pertinents; all and whole the castle of Banff with the hill and yards of the same, together with the office of crownary within the sheriffdom of Banff, salmon fishings upon the water of Deveron called the Thane's Net, with the assize, lax and salmon fishings in the sea called the Craigschott beside Doune, with all and sundry other salmon fishings, as well in salt as fresh water, upon the said River Deveron, and through all the parts on both the sides of the same, with power and liberty of building and upholding of shelters and of drawing, spreading and drying of nets on every side of the said water, as also of taking of fishes, as well salmon as other fishes, at all times and occasions, by nets, boats and by all other instruments and engines not prohibited nor forbidden by the laws and practice of this realm; all and whole the lands and barony of Mountblairy, with towers, fortalices, woods, mills, mill lands, multures, fishings, tenants, tenancies, service of free tenants, salmon fishings of the same and all their privileges in the said River Deveron; all and whole the lands of Ryland, with mill, mill lands, multures and pertinents of the same; the lands of Culbirnie and Inchdrewer; the lands of Tullochs, with the mill, mill lands, multures and crofts of the same, with the pendicles of the said lands called Ovirtulloche, Haggieshall and Scheardly, with all others, their parts and pendicles as well not named as named; all and whole the lands of Todlaw with the pertinents and salmon fishings of the same; all and whole the lands of Whitefield with the pertinents; all and whole the town and lands of Boig, Smeddietown, Bredmyre, with the salmon fishings of the same in the said River Deveron and their pertinents; all and whole the lands of Blackton, Hairwodhill, Over Deuchries and Petgaries with all their parts, pendicles and pertinents; all and whole the town and lands of Scotstown, Nether Deuchries and Brumesyde with all their parts, pendicles and pertinents; all and whole the lands of Auchinbadie with the mill, mill lands, multures, salmon fishings and pertinents of the same; all and whole the lands of Staneley, Balgray and Knoknie with the pertinents; all and whole the lands of Fortree and Glenhouses with the mill, mill lands, multures and pertinents of the same; all and whole the lands of Minnonie and Draidland with the mill, mill lands, multures and pertinents of the same; all and whole the lands of Kinbeam with the pertinents; all and whole the town and lands of Auchmedden, Glencuthill, Lemnas and Tollie with the mill, mill lands, multures, sequels and two fishing boats, and all privileges and pertinents of the same; all and whole the lands of Pitnacalder and Inchbrek with the pertinents; all and whole the town and lands of Little Byth, Claverie Faulds and Little Balmakelly, with tofts, crofts, outsets and their pertinents; all and whole the lands of Melrose with the mill of the same, mill lands, multures, fishings, parts, pendicles and pertinents thereof; all and whole the town and lands of Collane and Silverford, with the mill, mill lands, multures, fishings, liberties, privileges, parts, pendicles and pertinents of the same whatsoever; all and whole the town and lands of Jackston, Hungryhills, Montbletton, Bruntyards, Meikle and [...] Dyehill, Myrehous, Auldailhous and Bairnehill with all their tofts, crofts, outsets, mills, multures, fishings, parts, pendicles and pertinents of the same; all and whole the lands of Gellyhill with the mill called Gellymill, mill lands, multures and sequels of the same; the lands of Tarlair and Gellymuir, with all their tofts, crofts, parts, pendicles and pertinents of the same; all and whole the town and lands of Doune with all tenements, houses, yards, buildings, acres, particats and crofts of the same within the territory and limits thereof with all their liberties and privileges and with all fishings, as well salmon as white fishings, and all fishing boats within the town of Doune as well being within the same as which shall happen to be within the same in any time coming, with all customs and privileges thereof; and with all mills, mill lands, multures, annexes, connexes, tofts, crofts, outsets, sands, cuningars, parts, pendicles and pertinents whatsoever; all and whole the lands of Newton of Mountblairy, mill of the same, mill lands, multures, sequels, tofts, crofts, outsets, parts, pendicles and all their pertinents; all and whole the lands and barony of Glencuthill with the tower, fortalice, manor place, wood, mills, multures, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Balmakelly, lands of Fetterletter and Lethenty, lands of Saltcoittes, lands of Goveny, Inchbrek, Little Methlick, with the corn and waulk mills of the same, mill lands, multures, sequels, annexes, connexes, tofts, crofts, parts, pendicles and pertinents of the same; all and whole the lands of Balmedie with the hill called Erlishilloch and lands of Carnetralyeane with the mill of the same, mill lands, multures, sequels, tofts, crofts, parts, pendicles and all their pertinents; all and whole the lands of Bildistoun with the salmon fishings of the same in the Water of Dowe and all their parts, pendicles and pertinents; all and whole the lands of Allachin and Nether Ardmor, with the mill, mill lands, multures, annexes, connexes, tofts, crofts, outsets, parts, pendicles and all their pertinents; all and whole the lands and barony of Grandoun with the tower, fortalice, woods, fishings, mills, annexes, connexes, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Presley with the waulk mill of the same and their pertinents; all and whole the lands of Auchmullen and Crabistoun with the pertinents; all and whole the lands and barony of Cancress commonly called Sincress within the parish of King Edward with all and sundry manor places, towers, fortalices, mills, multures, woods, fishings, tofts, crofts, outsets, annexes, connexes, tenants, tenancies and service of free tenants, parts, pendicles and pertinents of the same whatsoever; all and whole the lands of Glasgoforest and Glasgoego, with the woods, mills, multures, fishings, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same; all and whole a yearly annualrent of £3 Scots money yearly to be uplifted and taken at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions out of all and whole the lands of Kintore with the pertinents; all and whole the lands and barony of Auchterhouse, with castles, manor places, towers, fortalices, mills, multures, woods, fishings, tenants, tenancies and service of free tenants, parts, pendicles and pertinents, with the pendicles thereof respectively following, namely: Halton of Auchterhouse Loch, lands of Eastfield, lands of Cotton, mill of Auchterhouse, lands of Burn, head mains of Auchterhouse, lands of Bonnyton, with all their houses, buildings, tofts, crofts and pertinents which are proper parts and pendicles of the lands and barony of Auchterhouse, and with all and sundry annexes, connexes, parts, pendicles and pertinents of the said barony as well not named as named; all and whole the lands of Wester Keith with the manor place, houses, buildings, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same; all and whole the lands and barony of Eassie, with the manor place, tower, fortalice, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants and pertinents of the same whatsoever, with the lands of Glen Quharity and Halkerton, lands of Castleton, Ingliston, Dearlands and brewlands of Eassie, lands of Baldewgo and new mill of Eassie, which are all proper parts and pendicles of the said lands and barony of Eassie, and with all and sundry other annexes, connexes, parts, pendicles and pertinents of the said lands and barony as well not named as named; all and whole the lands and barony of Nevay with the manor place, tower, fortalice, mills, multures, woods, fishings and all other lands as well upon the south as north parts of the burn of Nevay, with all and sundry tofts, crofts, outsets, annexes, connexes, tenants, tenancies, service of free tenants, parts and pendicles of the said barony of Nevay whatsoever; all and whole the lands and barony of Kettins and Petdownie and lands called the Brodie Lands and Easter Kettins with the pertinents which are proper parts and pendicles of the said lands of Kettins and Petdownie, with the mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same whatsoever and with all and sundry annexes, connexes, parts, pendicles and pertinents of the said lands of Kettins and Petdownie as well not named as named; all and sundry the lands and barony of Kinalty with the manor place, tower and fortalice of the same, and with the manor place of Queich, houses, buildings, tofts, crofts, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same whatsoever, and with the pendicles of the same respectively following, namely: the lands of Nether Kinalty, mill of Kinalty, mill lands and multures of the same lands of Cossakes, Shirresbank, Auchleish, Tursauch, with the salmon fishings and cuningars of the same lands of Torrie lands and Inchewan and lands of Sheinhill with all their houses, buildings, tofts, crofts, outsets and pertinents, which are proper parts and pendicles of the said lands and barony of Kinalty, and all and sundry other annexes, connexes, parts and pendicles of the said barony as well not named as named, all lying within the sheriffdoms of Aberdeen, Banff and Forfar respectively, with the burgh of barony of Doune and all liberties and privileges pertaining thereto, and with the whole houses, buildings, acres, lands infield and outfield and all their pertinents, with all and sundry annualrents wherein his highness's right trusty cousin and councillor John [Erskine], earl of Mar and Mary [Stewart], countess of Mar, his spouse, (upon whose resignation the said charter and infeftment proceeds) stands infeft and seised, to be lifted and taken up out of the said earldom, lordship, baronies, lands and others above-expressed, and with all and sundry castles, towers, fortalices, manor places, houses, buildings, orchards, yards, dovecots, stanks, lochs, meadows, muirs, mosses, woods, forests, parks, fishings, mills, mill lands, multures, tenants, tenancies, service of free tenants, parts and pendicles of the forenamed whole lands, earldom, lordships, baronies and others respectively above-expressed lying respectively as said is; and in like manner of all and whole the advocation, donation and right of patronage of the kirk and parish of Auchterhouse, as well parsonage as vicarage of the same, with all profits pertaining thereto lying within the sheriffdom of Forfar, together with the new gift and disposition contained in the said infeftment, whereby our said sovereign lord has of new given, granted and conveyed to his highness's right trusty cousin James, earl of Buchan and to the said late Dame Mary Douglas, countess of Buchan, his spouse, and to the longest liver of them two in liferent during all the days of their lifetimes, and to his highness's said trusty cousin James, lord Auchterhouse, their son, and the male heirs lawfully to be procreated of his own body, in fee, which failing, to return to his highness's said right trusty cousin James, earl of Buchan, his male heirs and assignees foresaid under the special conditions and with the restrictions, reservations and provisions respectively at length mentioned and contained in the said charter; all and whole the lands and patrimony of the said earldom of Buchan above-mentioned, comprehending in the same the forenamed whole lordships, baronies, lands, castles, towers, fortalices, manor places, office of crownary, burgh of barony, mills, mill lands, multures, woods, fishings and others respectively and particularly above-written, all lying as said is, together with the said advocation, donation and right of patronage of the said kirk and parish of Auchterhouse, as well parsonage as vicarage of the same, with all profits and commodities belonging thereto, with all right, title, interest, claim of right, property and possession, which his highness, his predecessors or successors had has or in any way may have or claim, to the said lands and earldom of Buchan, lordships, lands, baronies and others respectively and particularly above-expressed; or to any piece, pendicle or portion of the same, or to the mails, ferms, kanes, customs, casualties, profits and duties of the same of whatsoever years or terms bygone or to come, by reason of ward, relief, non-entry, escheat, forfeiture, recognition, purpresture, disclamation, bastardy, liferent apprising, reduction of infeftments, sasines and retours or annulling of the same; or for whatsoever other cause, fact, deed or occasion bygone preceding the date of the said charter, whereby his highness has renounced and given over the same, with all action, instance and execution thereof, in favour of his highness's said right trusty cousin James, earl of Buchan and of the said James, lord Auchterhouse, his son, and their foresaids for ever with an agreement not to petition, and with supplement of all faults, defects, objections and imperfections whatsoever as well not named as named which his highness has held as for expressed in the said charter, together also with the new erection contained in the said charter and infeftment, whereby our said sovereign lord has of new united, erected, created, annexed and incorporated all and sundry of the foresaid lands of the patrimony of the said earldom of Buchan, with the whole particular lordships, baronies, lands, castles, towers, fortalices, manor places, office of crownary, mills, mill lands, multures, woods, fishings, and others respectively and particularly above-mentioned, with their whole pertinents in a whole and free earldom, with the whole honours, titles, dignities, pre-eminences, privileges, profits and casualties whatsoever to be called now and in all time coming the earldom of Buchan; to the which earldom there is united by the said infeftment the said advocation, donation and right of patronage of the said kirk and parish of Auchterhouse, parsonage and vicarage thereof, ordaining by the said infeftment the said castle of Banff to be the principal messuage of the said earldom with a dispensation contained therein for taking of sasine at the said castle of Banff, and that sasine taken and to be taken thereat in all time coming shall be a sufficient sasine for the said whole earldom of Buchan and for the whole particular lands, lordships, baronies, castles, towers, fortalices, mills, woods, fishings, annualrents and others respectively and particularly above-mentioned, and that notwithstanding the same lie in diverse sheriffdoms and parishes far distant from others, concerning which and with all others defects and objections which may be proposed or alleged in the contrary, our said sovereign lord for his highness and his successors by the said infeftment has dispensed for ever, all to be held of our said sovereign lord and his highness's successors in fee and heritage for ever for service of ward and relief as in the said charter and infeftment of the date at Edinburgh, 25 November 1625, at more length is contained, together likewise with the precept of sasine directed forth of his highness's chancellery under his majesty's quarter seal upon the said charter and infeftment of the date the said 25 November 1625, together with the instrument of sasine following thereupon of the date the [...] day of [...], 162[...], in all and sundry the heads, points, clauses, articles, circumstances and conditions of the said charter and infeftment, precept and instrument of sasine following thereupon and after the forms and tenors thereof in all points under the special conditions and with the particular reservations, restrictions and provisions respectively at length mentioned and contained in the said charter and infeftment only, and no otherwise. Likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants, and for his highness and his successors perpetually decrees and ordains that this present ratification is, and shall be, as valid, sufficient and effectual to his highness's said right trusty cousin James, earl of Buchan and to his highness's said trusty cousin James, lord Auchterhouse, his son, and their foresaids, as if the said charter and infeftment with the said precept of sasine and instrument of sasine following thereupon were herein at length word for word specially and particularly inserted and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this ratification dispenses for ever.
[1633/6/79]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened together in parliament, has ratified and approved and, by this act, ratifies and approves a charter made and granted by his majesty's late dearest father of eternal memory to and in favour of his highness's right trusty cousin and councillor Alexander, earl of Galloway, lord Stewart of Garlies, of the date 17 July 1523, of all and sundry of the lands and barony of Corswell, with castle, tower, fortalice, manor place, houses, buildings, yards, orchards, mills, multures, woods, fishings, tenants, tenancies, service of free tenants, whole parts, pendicles and pertinents of the same lying within the parish of Kirkcolm, parsonage and vicarage thereof, with liberty of free burgh of barony called the burgh of Stewarton, liberties and privileges thereof, united and annexed to the said barony, and with liberty to the heirs of the said earl to enter to the said lands, barony and others contained in the said charter the time of their minority, as in the said charter at more length is contained, together with the precept and instrument of sasine following thereupon and whole rights whereupon the same proceeded, together also with another charter made and granted by his majesty's said late dearest father to, and in favour of, the said earl of Galloway, designed therein Alexander, lord Stewart of Garlies, his male heirs and assignees whatsoever, of all and whole the lands of Grennan, extending to a twenty one merk land of old extent, with manor place, houses, buildings, yards, orchards, mills, mill lands, multures and sequels thereof, with tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents thereof whatsoever, lying within the parish of Dalry and stewartry of Kirkcudbright, as in the said charter of the date 28 July 1514 at length is contained, together with the precept and instrument of sasine following thereupon and whole rights whereupon the same proceeded in the whole heads, articles, clauses, circumstances and conditions thereof, of the same two separate charters and rights of the same. And our said sovereign lord, with advice and consent of the estates of this realm, decrees and ordains that the said infeftments and rights of the lands barony and others above-written granted to the said Alexander, earl of Galloway in manner foresaid are and shall be in all time coming sufficient rights, grounds and titles whereby he and his said male heirs and assignees shall hold, enjoy and possess the same in all time coming, and declares this present confirmation and ratification of the said infeftments to be as good, valid and effectual as if the same had been all at length inserted in this present ratification. And his majesty, with consent foresaid, dispenses hereby therewith forever and ordains this ratification to be a sufficient warrant for making of an act in the said parliament according to the order used in the like.
[1633/6/80]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened together in parliament, has ratified and approved and by this act ratifies and approves a charter made and granted by his majesty to and in favour of his highness's trusty cousin Alexander, lord Garlies, of the date 26 March 1531, of all and whole the lands of Burrowmoss, Culquhirk, Braidfield, Clauchrie, Kirvennie, Gallowhill and meadow, called Phillip Meadow, with mills, woods, fishings, multures and sequels thereof and fishings in the flood of Bladnoch and pertinents of the same, lying within the parish and sheriffdom of Wigtown, together with the precept and instrument of sasine following thereupon and whole rights whereupon the same proceeded in the whole heads, articles, clauses, circumstances and conditions thereof. And our said sovereign lord, with advice and consent of the estates of this realm, decrees and ordains that the said infeftment and rights whereupon the same proceeded of the lands, mills, woods, fishings and others above-written, granted to the said Alexander, lord Garlies in manner foresaid are, and shall be in all time coming, sufficient rights and grounds and titles whereby he and his said male heirs and assignees whatsoever shall hold, enjoy and possess the same in all time coming, and declares this present confirmation and ratification of the said infeftment to be as good, valid and effectual as if the same had been at length inserted in this present ratification. And his majesty, with consent foresaid, dispenses hereby therewith for ever, and ordains this ratification to be a sufficient warrant for making of an act in the said parliament according to the order used in the like.
[1633/6/81]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves a charter made and granted by his highness under the great seal of the date at Oatlands, 13 July 1625, to and in favour of John, earl of Annandale etc., his male heirs and of tailzie therein specified of the earldom, lordship and barony of Annandale, comprehending all and sundry the lands, baronies, offices, teinds, patronages and others particularly and generally mentioned in the said charter, together also with the precept and instrument of sasine following thereupon in all and sundry points, articles and clauses therein contained after the forms and tenors thereof, and declares, statutes and ordains this present ratification thereof to be as sufficient, valid and lawful in all respects as if the said charter, precept and instrument of sasine following thereupon were at length, and word by word, inserted and engrossed herein, dispensing hereby with the not inserting thereof. And likewise his majesty, with advice and consent foresaid, by this act dissolves the whole lands and others specified in the said charter which are of his majesty's property from his majesty's crown and patrimony thereof, to the effect that the same may be of new conveyed to the said earl of Annandale and his foresaids to be held of his majesty and his successors for payment of the feu duties contained in the said charter. And likewise his majesty, with consent foresaid, finds, declares, statutes and ordains that the said charter and the precept and instrument of sasine following thereupon and this present ratification thereof are, and shall be, sufficient and valid lawful rights and securities to the said earl of Annandale and his above-specified for the peaceable possessing and enjoying in all time coming of the said earldom, lordship and barony of Annandale, comprehending the whole lands, baronies, offices, teinds, patronages and others particularly and generally mentioned in the said charter, ordaining this act to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due form.
[1633/6/82]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the letter of gift made and granted by his majesty under the privy seal of the date at Hampton Court, 2 October 1630, whereby his majesty gave, granted and conveyed to his highness's right trusty cousin and councillor John, earl of Annandale, viscount of Annan, lord Murray of Lochmaben, during all the days of his lifetime, and to James [Murray], lord Annan, his eldest lawful son, and to either of them successively during all the days of their lifetimes, the keeping of the hills and lomonds of Falkland, with the muir called the New Park adjacent thereto within the whole bounds, meiths and marches thereof, mentioned in the said letters of gift, together with the whole parts, pendicles and pertinents of the said hills and muirs lying within the sheriffdom of Fife, with the privileges and liberties therein mentioned in all and sundry points, heads, articles and clauses contained therein after the form and tenors thereof, and declares, statutes and ordains this present ratification thereof is, and shall be, as valid and lawful in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting thereof. And also finds, declares, statutes and ordains that the said letters of gift and this present ratification thereof are, and shall be, sufficient right and security to the said Earl of Annandale and his said son, the longest liver of them two, for the peaceable possessing and enjoying of the foresaid office, with the privileges and liberties thereof mentioned in the said letters of gift during the space above-expressed.
[1633/6/83]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened together in parliament, ordains an act of ratification to be made in this present parliament in favour of the right reverend father in God, his majesty's trusty and well-beloved councillor Patrick, archbishop of Glasgow, ratifying and approving, and for his majesty and his successors perpetually confirming, likewise his majesty by this act and tenor of the said act ratifies and approves, and for his majesty and his successors, with advice and consent foresaid, perpetually confirms the provision and gift granted under his majesty's great seal of the date at Whitehall, 16 April 1633, in favour of the said reverend father, whereby he is translated from the seat of the bishopric of Ross to the see of the archbishopric of Glasgow, and has given, granted and conveyed to him during all the days of his lifetime the said archbishopric of Glasgow and whole benefice thereof, with all and sundry lands, lordships, baronies, castles, towers, fortalices, manor houses, buildings, yards, orchards, mills, multures, woods, fishings, kirks, teind sheaves and other teinds, feu ferms and other ferms, kanes, customs, casualties, superiorities, tenants, tenancies, service of free tenants, advocations, donations and rights of patronages, kirks, benefices and chaplainries, fruits, rents, emoluments, profits and duties whatsoever pertaining to the said archbishopric, with privilege of free regality, free chaplainry and chancellery within the whole bounds of the said archbishopric, with all privileges, liberties, dignities and immunities whatsoever pertaining and belonging thereto, which the late James [Law], archbishop of Glasgow, or any of his predecessors in any time bygone from the first foundation thereof possessed or enjoyed or might have possessed and enjoyed or annexed thereto or which may be found or known to pertain to the said archbishopric in time coming, and chiefly with advocation, donation of kirks, parsonage and vicarage of Ancrum, Askirk, Stobo and Eddiston, which are kirks and lands pertaining to the said archbishopric, and with advocation and donation of kirks, parsonage and vicarage of Kilbride and Torrance, with all fruits, rents, emoluments, profits and duties whatsoever pertaining and belonging to the said archbishopric, with all privileges, liberties, commodities and immunities whatsoever pertaining and belonging thereto, with all and whole the foresaid parsonage and vicarage of the said parish kirk and parish of Glasgow, with all and sundry mansions, houses, buildings, yards, teind sheaves and other teinds, as well great as small, fruits, rents, casualties, profits, emoluments and duties whatsoever pertaining and belonging thereto wherever they lie within this realm, as in the said gift and provision at length is contained [...], with all decreets and sentences following thereupon in the whole heads, articles, clauses, circumstances and conditions of the same, admitted this present ratification to be as valid as if the said gift and provision and decreets following thereupon were particularly inserted herein, with the not inserting whereof his majesty, with advice and consent foresaid, dispenses hereby, and decrees and declares that the said gift and provision and others above-written are and shall be sufficient grounds, rights and titles, whereby the said right reverend father during all the days of his lifetime may possess and enjoy the said archbishopric with all teinds, fruits, rents, dignities and others belonging thereto in all time coming, and ordains this act to be a sufficient warrant for making of an act in the said parliament in favour of the said right reverend father in manner above-written.
[1633/6/84]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened in parliament, ordains an act to be made in this present parliament, making mention that forasmuch as his majesty's late dearest father of renowned memory in his parliament held at Edinburgh, 28 June 1617, with advice of the estates then convened, dissolved from the crown all and whole the abbacy of Fearn, with all and sundry lands, lordships, woods, mills, multures, fishings, as well superiority as property thereof, advocation, donation and right of patronage of kirks, chaplainries and altarages, and with all and sundry feu ferms, fruits, rents, kanes, customs and other duties of the said abbacy of Fearn wheresoever they lie; and to that effect retreated, annulled and abrogated the act of annexation of the temporality of benefices to the crown, made in the year of God 1587, in so far as may be extended or comprehend the said abbacy of Fearn, fruits and rents thereof. Likewise his majesty, with consent foresaid, of new united, annexed and incorporated all and whole the said abbacy and monastery of Fearn, house and precinct thereof, with all lands, lordships, mills, multures, fishings, as well superiority as property thereof, teinds, teind sheaves, advocation, donation and right of patronage of kirks, chaplainries, prebendaries and altarages with all feu ferms, annualrents, anniversaries, fruits, rents, kanes, customs and other duties pertaining thereto, declaring the name and memory thereof to be utterly extinguished and to be united and incorporated in and with the bishopric of Ross, to remain as a part of the patrimony thereof as the rest of the patrimony of the said bishopric without any other special denomination, to the effect that Patrick [Lindsay], then bishop of Ross and his successors may peaceably possess the said abbacy as being a proper part of the said bishopric, likewise his majesty ratified the several gifts mentioned in the said act; and his majesty calling to mind that by his highness's letters of gift and provision granted under the great seal of the date the [...] day of [...] last, his majesty had given, granted and conveyed during all the days of the lifetime of a reverend father in God, John, now bishop of Ross, the said bishopric of Ross and abbacy of Fearn annexed thereto with all and sundry lands, lordships, woods, mills, multures, fishings, as well spirituality as temporality, property as superiority, advocation, donation and right of patronage of kirks, chaplainries, prebendaries and altarages, feu ferms, annualrents, kanes, customs and duties pertaining to the said abbacy, to remain with the said reverend father John, bishop of Ross, and with the bishopric thereof as a part of the patrimony of the same in all time coming, as the said act and provision made to the said reverend father at length bears. Therefore his majesty, with advice of the said estates, ordains an act to be made in this present parliament ratifying and approving, likewise his highness, with consent foresaid, by this act and tenor of the said act ratifies and approves in favour of the said reverend father John, bishop of Ross and his successive bishops of Ross, the said act of dissolution, abrogation, new union and incorporation of the said abbacy of Fearn, spirituality and temporality, property and superiority thereof, to the said bishopric of Ross, with all and sundry former acts, gifts, provisions and rights made and granted of the same either in favour of the said Patrick, sometime bishop of Ross, the late David [Lindsay], bishop of Ross or any other of their predecessors, together with the said gift and provision made and granted in favour of the said John, now bishop of Ross of the said abbacy of Fearn, property and superiority thereof, spirituality and temporality of the same, and all that has followed or may follow thereupon. And his majesty and estates foresaid decree and declare that the several acts of dissolution, abrogation, new union and incorporation and other former and posterior gifts and ratifications made and granted of the said abbacy are and shall be sufficient grounds, rights and titles whereby the said John, now bishop of Ross and his successive bishops thereof may hold, enjoy and possess the said abbacy or monastery of Fearn, with all and sundry lands, lordships, mills, multures, fishings, as well spirituality as temporality thereof, as well property as superiority of the same, advocation, donation and right of patronage of kirks, chaplainries, prebendaries and altarages, feu ferms, fruits, rents, kanes, customs and duties of the said abbacy, to remain and abide inseparably in all time coming with the said John, bishop of Ross and his successive bishops of Ross, and with the benefice and bishopric thereof united and annexed thereto, likewise and in the same manner as if the same had never been annexed to the crown or as if the same had been specially excepted and reserved out of the said annexation, and as if the said abbacy, spirituality and temporality thereof, had been properly a part of the said bishopric at the time of the foundation and erection thereof, and as if the same had never been a separate or distinct benefice by itself, to the which his majesty and estates foresaid by this act fully consent and agree and ordain this act to be sufficient warrant for making an act in the said parliament.
[1633/6/85]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the gift made by his majesty's late dearest father under the great seal of the date at Belvoir Castle, 4 August 1619, in favour of a reverend father in God Andrew, bishop of Galloway, of the said bishopric of Galloway, comprehending therein the priory of Whithorn and abbacies of Tongland and Glenluce united and annexed thereto of before, with all and sundry lands, baronies, mills, fishings, kirks, teinds great and small, rents, emoluments, feu ferms, kanes, customs and others pertaining to the said bishopric, priory and abbacies, and whereof the bishops of the said bishopric, priors of the said priory and abbots of the said abbacies were in possession, as proper parts of the patrimony of the said benefices at any time of before and which pertains, or may be known to pertain, by any manner of way to the said bishopric, priory and abbacies, together with the former acts of parliament whereby the said priory of Whithorn and abbacies of Tongland and Glenluce were annexed, united and incorporated into and with the said bishopric of Galloway in all and sundry points, articles and clauses contained therein after the forms and tenors thereof, and declares, statutes and ordains that this present ratification thereof shall be as valid and lawful as if the same were at length inserted herein, dispensing hereby with the not inserting thereof. And further his majesty, with advice and consent foresaid, by this act of new unites, annexes and incorporates the said priory of Whithorn and abbacies of Tongland and Glenluce, with all lands, baronies, mills, fishings, kirks, teinds great and small, fruits, rents, emoluments and duties pertaining and belonging thereto, or to the spirituality and temporality thereof, into and with the said bishopric of Galloway, to remain in all time coming with the said bishopric as a proper part of the patrimony thereof, ordaining this act to be a sufficient warrant to the clerk register and his deputes for extending an act of parliament hereupon in due form.
[1633/6/86]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, has ratified and approved and, by this act, ratifies and approves the gift and mortification made by his majesty's late dearest father, King James of most worthy memory, under his great seal, of the abbacy of Dundrennan, with all lands, baronies, mills, woods, fishings, kirks, teinds, fruits and rents pertaining thereto, as well temporality as spirituality thereof, to the deanery of his majesty's chapel royal of Stirling in manner specified and set down in the said gift of mortification, as the same of the date at Theobalds, 16 July 1621 at more length purports, thereafter ratified in parliament held at Edinburgh, 4 August 1621. And also has ratified and approved and, by this act, ratifies and approves the act of parliament made likewise by his majesty's said late dearest father, with advice of his estates, annexing to the bishopric of Dunblane and patrimony thereof all and whole the abbacy of Crossraguel, as likewise the priory of Monymusk, as well temporality as spirituality of the same benefices, with all lands, kirks, teinds, teind sheaves, fishings, annualrents, profits, commodities and other casualties whatsoever as well not expressed as expressed pertaining or belonging or which in any time bygone pertained or belonged to the said abbacy or priory or any of them in any manner of way, in manner likewise set down in the said act of parliament, as the same act of parliament of the date 28 June 1617 also at more length purports in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained in the said mortification and ratification thereof in parliament and act of parliament respectively above-written made regarding the union and annexation of the said abbacy of Dundrennan to the said chapel royal, and of the said abbacy of Crossraguel and priory of Monymusk to the said bishopric of Dunblane as is above-rehearsed, with all that has followed or may follow thereupon. And his majesty and estates foresaid, by this act, declares, decrees and ordains that this present ratification and generality thereof shall be as valid, effectual and sufficient as if the said mortification and acts of parliament respectively above-written were at length word by word inserted herein, regarding the which and generality thereof and all other objections or imperfections which may be opposed or alleged against the same, his majesty and estates foresaid have dispensed and dispense by this act. And further his majesty and estates foresaid by this act declare the union and mortification of the said abbacy of Dundrennan to the said chapel royal and the union and annexation of the said abbacy of Crossraguel and priory of Monymusk to the said bishopric of Dunblane to be in no way of the nature and quality of such things which are contained in his majesty's revocation, and that the same benefices so united and annexed as said is, spirituality nor temporality thereof, nor gifts of mortification and union and annexation of the same, falls in no way within the compass of any of his majesty's revocations, nor within the act made in this present parliament regarding his majesty's revocation, nor yet within the acts likewise made in this present parliament regarding the superiorities of kirklands. Likewise his majesty and estates foresaid, in so far as it may appear that the same may fall within the compass of his majesty's revocations and acts of parliament made relating thereto and regarding the superiorities of the said kirklands, has excepted and by this act excepts the same thereof.
[1633/6/87]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of parliament, ratifies and approves all and sundry infeftments, gifts, mortifications, patronages, privileges, immunities and other evidents, rights, titles and securities whatsoever made and granted by his highness or any of his majesty's noble progenitors, or by the archbishops of St Andrews for the time, to the University of St Andrews and to the rectors, regents, masters, students, bursars, bedels and other servants of the same university, of whatsoever dates, tenors or contents the same be of, and specially without prejudice of the generality of the charter of confirmation granted by his highness's late dearest grandmother Mary, queen of Scots, of eternal memory, ratifying and confirming the charter granted by his highness's late dearest predecessor King James I of eternal memory, of the date at Perth, 20 March 1431, whereby the rectors, regents, masters, students, bursars, bedels and others within the said University of St Andrews, their lands, tenements, possessions and other goods, moveable and unmoveable, spiritual and temporal, as well within the city of St Andrews as in other places, are taken under the said King James I and his successors' protection, and whereby they are exempt from all tributes, taxations and collections, which charter of confirmation is dated 8 June 1555; and also the charter of confirmation granted by his highness's late dearest father, King James VI, of eternal memory, of the date 8 May 1579, ratifying and approving the charter above-written granted by his highness's said late dearest predecessor King James I of the date and contents above-specified, and all other exemptions, privileges and confirmations whatsoever made and granted by his highness's noble progenitors, kings James I, II, III, IV and V of worthy memory and by his highness's said dearest grandmother, Queen Mary, in all and sundry heads, clauses, articles and conditions contained in all and sundry of the said infeftments, gifts, mortifications, patronages and others respectively, specially and generally above-specified, after the forms and tenors thereof. And our said sovereign lord, with advice of the said estates of parliament, wills and grants, and for his highness and his successors, decrees and declares that the said infeftments, gifts, mortifications, patronages, immunities, privileges and others above-specified are good and valid rights to the said rectors, regents, masters, students and others above-written for possessing and enjoying of the lands, tenements, possessions, immunities, liberties, privileges and others above-specified in all time.
[1633/6/88]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein making mention that his majesty, remembering and calling to mind the manifold acts of parliament made by his majesty's predecessors of worthy memory in favour of the old universities of this realm, which are the seminaries of the kirk and policy within the same, and his majesty being moved with fervent zeal of the propagation and advancement of religion and with an earnest love of increase of policy and having therewith a special regard to the education and upbringing of the youth within this kingdom in piety and learning, and specially within the north parts of this realm, whereof our sovereign lord's university and King's College in old Aberdeen have been special instructors for the space of 140 years or thereby since the first foundation of the same, and understanding that the said university and college was of old founded and erected by the late King James IV of worthy memory for serving the north parts of this realm and endued by him with most ample privileges of teaching and professing divinity, canon and civil laws, medicine, philosophy and all other lawful faculties and liberal sciences, and also giving of degrees of baccalaureate, licentiate and doctorate to those that are worthy and capable of the said degrees in all and sundry the faculties and sciences above-expressed, with full power and liberty to the persons promoted and graduated in the same to read, teach, do and exercise all things whatsoever the persons promoted to the same degrees within the University of Paris, in the University of Banonia or any other university whatsoever may do or exercise, both in the university where they received their degrees and also in whatsoever other university in whatever places, without any examination or approval, and generally with all and sundry whatsoever other rights, privileges, liberties, immunities and exemptions given and granted to the said Universities of Paris and Banonia, or to any university of this realm or pertaining and belonging to any university or general study, together with conservators specially ordained and constituted for conserving and maintaining of the said rights, privileges, liberties, immunities and exemptions of the said university and college, as is at greater length expressed and set down in the first foundations and erections of the said university and King's College of old Aberdeen of the dates 1494 and 1497 respectively; and that the said university and King's College of old Aberdeen were of old gifted and endowed by the said late King James IV of worthy memory and by the bishops of Aberdeen and certain other of his majesty's subjects, with the kirks and benefices, patronages, parsonages and vicarages thereof, lands and annualrents following mortified, united, annexed and incorporated thereto, namely: the parsonage and vicarage of Aberluthnot; the parsonage and vicarage of Glenmuick and Glengarden; the parsonage and vicarage of Slains; the parsonage and vicarage of Snaw; the parsonage and vicarage of Auchindoir; the vicarage of Tullynessle, together with the patronages of the said kirks, the half town and lands of Drumlugus; the town and lands of Adiel, Balnakettle, Collynie and Andet, Berryhill, Mundurno; certain crofts and tenements of land lying on the east and west territories of new Aberdeen; an annualrent of £20 out of the barony of Belhelvie; 19 merks out of the waters of Banff; £12 6s 8d yearly out of the lands of Ore, Moubrey, Blairshinnoch and Pittinbrunyeounes in Boyne; an annualrent of £5 out of the lands of Udoch; an annualrent of £4 yearly out of the lands of Petty; the lands of the hospital of St Germains, with the whole fruits, rents and duties whatsoever belonging thereto wherever the same be or lies within this realm; the lands whereupon the said college is founded, with the yards, crofts and whole precinct of the same, with the manses, yards and crofts of the professor of ecclesiastical law, professor of civil law, professor of medicine and grammarian of the said university and college and others particularly specified and contained in the old foundations of the said university and college, charters and donations of the same of several dates respectively; which privileges and liberties with the said old foundations and mortifications were afterward ratified and approved by the late King James V, of worthy memory, in the year of God 1527, and by his royal daughter, the late Queen Mary, of worthy memory, in the year of God 15[...], and lastly by his highness's late dearest father, King James VI, of worthy memory, by an act of his parliament held in the year of God 1617. As likewise that his highness's said late dearest father of worthy memory, having consideration and respect that the means of the said old rents and duties being greatly diminished and impaired by diverse alienations and impropriations and other dilapidations of the same was in no way able nor sufficient to maintain in any competent manner or measure the masters and members of the said university and college as the same were first founded, therefore his highness's said late dearest father of worthy memory, of his majesty's princely liberality, love and affection which he had to learning and virtue and to the maintenance and increase thereof within this realm, gave, conveyed, united and annexed to the said university and college of old Aberdeen, with special consent and assent of all having interest, the kirks, teinds, lands and annualrents after-specified, namely: all and whole the parsonage and vicarage of St Machar called the deanery of the cathedral kirk of Aberdeen, with the whole lands, teinds, fruits, rents, emoluments and duties pertaining and belonging thereto; all and whole the parsonage of Methlick, Fyvie, Peterkirk, called Spittal or the sub-chantry of Aberdeen, with the whole manses, glebes, lands, rents and duties of the said kirks respectively, all lying within the diocese of St Andrews and Aberdeen respectively; together also with all and sundry kirklands, teinds, annualrents, feu ferms, manses, glebes, houses, buildings, yards and other fruits, rents and emoluments which pertained of before to the friars Carmelite of Banff, the chaplainries of Westhall and Fallaroull, the chaplainries of St Magdalen's altar, with all and sundry kirklands, teinds, annualrents, feu ferms, manses, glebes, houses, buildings, yards and all other fruits, rents, emoluments and duties whatsoever, which pertained of before to the said chaplainries, or to the old chaplains of the said university and college of old Aberdeen; together with all other lands, houses, buildings, produce, teinds, annualrents, feu ferms, manses, glebes, titles, rights, jurisdictions and others whatsoever pertaining and due to the said college, masters, regents, bursars and members thereof, either given and granted by his highness's said late dearest father, King James VI, of worthy memory, or any other of his highness's most noble progenitors and predecessors, kings and queens of Scotland, their regents or governors for the time, or by the bishops of Aberdeen of good memory, or by any others at any time of before which the said college and university possesses, has possessed or in any way might possess, as in his highness's said late dearest father of worthy memory his donations, gifts, dispositions and mortifications thereof at more length is contained, which last mortifications and donations granted by his highness's said late dearest father of worthy memory to the said university and college were likewise ratified by him by an act of his said parliament held in the said year of God 1617. And our sovereign lord, following the worthy example of his highness's most noble progenitors in their good affection and love of learning and virtuous education of the youth within this kingdom, and being willing by all means possible so far as lies in his majesty's power to promote virtue, advance the said universities and college of old Aberdeen and corroborate the rights, titles and securities thereof so that the same may the more and more flourish in learning, discipline and good manners, therefore our sovereign lord, with advice and consent of the said estates and whole body of this present parliament, ratifies, allows, approves and for his highness and his successors perpetually confirms all and sundry the foresaid old foundations of the said university and college of old Aberdeen with the whole rights, titles, privileges, immunities, exemptions, jurisdictions, freedoms and liberties of the same and the whole foresaid donations and mortifications of kirks and benefices, patronages, parsonages and vicarages thereof, lands, feu ferms, annualrents and whatsoever other emoluments or duties gifted and granted to the said university and college, either by his highness's said late dearest father of worthy memory or any other of his highness's most noble progenitors, kings or queens of Scotland, their regents or governors for the time, or by the said bishops of Aberdeen, or any others in all and sundry the heads, points, articles, clauses, circumstances and conditions therein contained, and after the forms and tenors thereof in all points, and wills, grants and declares that the said university and college shall enjoy the same, intromit with and uplift the whole lands, teinds, fruits, rents, annualrents, chaplainries and others whatsoever above-specified pertaining and belonging thereto, and also all other privileges, immunities, freedoms and exemptions which at any time the said university and college, or any other university or college within or without this realm possesses and enjoys, or has possessed and enjoyed, in any time bygone, or may possess and enjoy, by virtue of their rights and donations granted to them heretofore, and that this present ratification of the said rights specially and generally above-written is and shall be of as great strength, force and effect as if the said whole rights were all at length specially and particularly herein contained and inserted, notwithstanding the same be not so done; concerning which, our said sovereign lord and estates of parliament have dispensed and by this act dispense for ever. And because the deanery and sub-chantry of Aberdeen, with the parsonage of Methlick, are united, annexed and incorporated to the said university and college, the said kirks and parsonages being benefices and members of the chapter of the cathedral kirk of Aberdeen, and his majesty being in no way willing that the said chapter be hurt, impaired or deprived of any of the old members and privileges thereof, therefore our said sovereign lord, with advice and consent foresaid, ratifies and approves the statute and ordinance made by his royal father of glorious memory in his said parliament held at Edinburgh, the said year of God 1617, ordaining that the said principal of the said college for the time shall in all time coming be dean of Aberdeen and that the subprincipal of the said college shall be sub-chanter of Aberdeen, and that the eldest regent of the said college shall be parson of Methlick, they representing at the least the said canons and having their places in chapter in giving votes and suffrages and subscribing of tacks, infeftments and other writs in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained, and after the form and tenor thereof in all points, providing always that the said college and members thereof make and provide sufficient stipends and provisions to the ministers actually serving the cure at the said kirks who are not already sufficiently provided, and that the said ratification be further extended in the best form with all clauses necessary.
[1633/6/89]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, with the declarations always underwritten, ratify, approve and perpetually confirm the charter and infeftment under the great seal dated at St James's, 28 June 1630, made and granted by his majesty to and in favour of the university and college of Glasgow, principal, masters, regents, whole members and incorporation of the same and their successors for ever of the foresaid university and college, mansions, manor places, houses, buildings, yards, orchards and others, as well lying within as without the precinct of the said college, and of all lands, tenements, kirks, teinds, rents, produce, emoluments, duties, privileges, liberties and immunities pertaining and belonging to the said university and college and generally and particularly expressed and set down in the foresaid charter and infeftment in all the heads, clauses and conditions thereof, with the precept and instrument of sasine following thereupon, together with the acts of parliament granted in 1617 in favour of the said college of Glasgow, together also with the consents granted by the late Master John Hay, parson of Renfrew, and Master John Hay, younger, his son, then minister at Killellan and now parson of Renfrew, regarding the annexing of the kirk of Renfrew to the said college of Glasgow, which consent is of the date 3 December 1632, registered in the books of council upon 6 December 1632; and with the contract and appointment made between the late James [Law], archbishop of Glasgow, and the rector, dean of faculty and masters of the said college on the one part, and the said late Master John Hay and his son on the other part, of the date 3 August and 9 November 1621, together likewise with the consent granted by Master David Sharp, chanter of Glasgow, parson and vicar and minister of Kilbride and Torrance, which consent is dated 23 November 1626; and with the contract and appointment of the same date made between the said late archbishop and the principal, regents and masters of the said college on the one part, and the said Master David Sharp on the other part, regarding the foresaid kirk of Kilbride and Torrance now united to the said college of Glasgow in all the heads, clauses, articles and conditions mentioned in the said several rights and securities, holding and admitting the same as for expressed and set down herein at length and word for word. And further our sovereign lord and estates of this present parliament, for great, weighty and seen causes tending to the honour, flourishing and benefit of the said college of Glasgow, university thereof and of the whole members and incorporation of the same have rescinded and annulled the act of parliament made in 1621, whereby that other act passed in 1617 annexing the said kirk of Renfrew to the said college of Glasgow was rescinded upon certain conditions therein specified. And for that effect his majesty and estates foresaid have ordained and ordain the said act of parliament passed in 1617 to stand in full force, strength and effect in favour of the said university of Glasgow, whole members and incorporation of the same as if the said other act of parliament passed in 1621 had never been made and granted; and also rescind and annul that act of parliament passed in 1617 regarding the restitution of chapters in so far only as may concern and be extended to the said kirks of Renfrew and Kilbride and Torrance and to the kirk of Govan, teinds, fruits, rents, emoluments and duties pertaining and belonging thereto (in so far as the same may be prejudicial to the said college of Glasgow), and now united and annexed to the said university and college of Glasgow. Moreover, our said sovereign lord and estates foresaid, for great and weighty causes and considerations moving them tending to the honour, good and flourishing of the said university and college of Glasgow, of new again by the voice, vote and suffrage of this whole parliament have mortified, endowed and conveyed and particularly confirmed to the said university and college of Glasgow, and to the principal, regents, masters, whole members, body and incorporation thereof and their successors for ever, all and sundry lands, teinds, kirks, tenements, houses, yards, privileges, liberties and immunities and others generally and particularly expressed and set down in the said charter and infeftment and declares the same to have been and to be a good, valid and perfect right and infeftment to the said university and college of Glasgow, whole members and incorporation of the same and to their successors for ever for their peaceable and free holding, enjoying and possessing of all and whatsoever expressed and set down in the said charter and infeftment in such form and manner as if the same had been particularly gifted, mortified and conveyed to the said university and college of Glasgow by our said sovereign lord and estates foresaid, by express words, voice and consent of this present parliament with express declaration always. Likewise our said sovereign lord and estates foresaid by this present act and with consent of the principal, masters, regents, whole members and incorporation of the said university and college of Glasgow, declares, statutes and ordains that the charter and infeftment above-written granted by his majesty to and in favour of the said university and college of Glasgow with this present ratification thereof shall in no way be hurtful nor prejudicial to his majesty's dearest cousin and councillor James [Stewart], duke of Lennox, his heirs and successors, regarding his infeftments and heritable rights of the office of bailiary and justiciary of the barony and regality of Glasgow and all the parts thereof, as well within as without the burgh of Glasgow held by him of the archbishop of Glasgow, nor to any other of his rights and infeftments whatsoever granted to him and his predecessors of any of his lands, mills, offices and others lying within this realm of Scotland, but that, notwithstanding of the charter and infeftment above-written and this present ratification thereof, his majesty's said dearest cousin and councillor James, duke of Lennox, and his foresaids shall possess, enjoy, use and exercise the said office of bailiary and justiciary of the barony and regality of Glasgow and all the parts thereof above-mentioned, and hold, enjoy and possess his mills, offices and others lying within this realm without any impediment, burden or opposition whatsoever, likewise and as freely in all respects as if the charter and infeftment above-written and this present ratification thereof had never been made nor granted. And further, with express declaration that notwithstanding this present ratification there is reserved to the provost, bailies and council of Glasgow the chaplainries of St John and St Mary pertaining to the burgh of Glasgow possessed by the said burgh and whereof they have been and are in present possession; as also the privileges of the meal market situated beside the Blackfriar kirk thereof; as also that the university of Glasgow shall be exempt for their own members resident within the same and their servants only and the houses, lands and tenements belonging to them in property but shall in no way exempt other tenants dwelling within the said houses in the said burgh of Glasgow from the taxations and other impositions due to be paid by them as burgesses of the said burgh, and that the said university's exemption granted to them by their late infeftment shall make no kind of derogation to the rights and liberties of the said burgh of Glasgow, whereof they have been in use and possession. And lastly with declaration that this present ratification shall not be prejudicial to the archbishop of Glasgow nor his successors regarding any right which they have to the tron, mets and measures of Glasgow nor to any other thing which lawfully does appertain to the said archbishop and his successors.
[1633/6/90]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the contract and appointment passed between our said sovereign lord on the one part, and his highness's right trusty cousin and councillor Archibald, lord Lorne, for himself and taking the burden upon him for his highness's right trusty cousin Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, his father, on the other part, of the date at Whitehall, 3 April, and at Holyroodhouse, 23 April 1628, whereby his majesty declared his gracious and sacred pleasure and promised in the first word that notwithstanding of the renunciation and surrender voluntarily offered and to have been made by the said Archibald, lord Lorne in favour of his majesty and his highness's successors of the office of justiciary general of the whole kingdom of Scotland in manner mentioned in the said contract, the said Archibald, lord Lorne, his male heirs and successors should have, hold and possess the heritable office of justiciary within the bounds after mentioned, namely: within the bounds of the sheriffdoms of Argyll and Tarbert and within the bounds of the whole isles of the said kingdom of Scotland (excepting Orkney and Shetland), and of the lands underwritten, namely: Morvern, Knoydart, Moidart and of the particular lands pertaining heritably to the said Archibald, lord Lorne, namely: the lands of Ardnamurchan, the lands of Lochiel, the lands and barony of the kirkton of Inchberry, with the pertinents, all lying within the sheriffdom of Inverness; the lands and baronies of Rosneath held of the house of Argyll, all and whole the twenty pound land of Duror, all and whole the twenty merk land of Glencran, with the pertinents, the lands of Dusslatter, Wedderglen, lying within the sheriffdom of Perth; and all other lands of the highlands of Scotland either held of the house of Argyll or belonging thereto, with all privileges, liberties, immunities, casualties, profits and duties pertaining and belonging to the said office within the bounds above-rehearsed, under the special provisions, limitations and with the declaration particularly mentioned in the said contract, together with the charter made and granted by his majesty under his highness's great seal of the date at Whitehall, 3 April 1628 foresaid, proceeding upon the said contract, containing a confirmation of all and sundry charters, precepts, instruments of sasine, gifts and all other evidents, titles and securities made and granted by his majesty or any of his highness's most noble progenitors or any other person or persons in favour of the said Archibald, lord Lorne, his said father or any other of his predecessors of the said office of justice general within the whole bounds of the said kingdom of Scotland or of whatsoever privileges, liberties, immunities, casualties, profits and duties pertaining and belonging to the said office or concerning the same in all points and that only in so far as the same concerns or may be extended to the foresaid heritable office of justiciary within the particular bounds above-rehearsed reserved to the said Archibald, lord Lorne and his foresaids by virtue of the said contract and to the whole privileges, liberties, immunities, casualties, profits and duties pertaining and belonging to the said office within the same bounds and no further, and under the provisions, restrictions and limitations mentioned in the said contract and charter, and likewise containing a new gift granted by his majesty to the said Archibald, lord Lorne and his foresaids of the said heritable office of justiciary within the bounds foresaid particularly repeated in the said charter, with the privileges, liberties and under the provisions and restrictions therein mentioned, to be held of his majesty in free blench for the blench duty and service therein specified, with the precept of sasine following thereupon under the quarter seal of the date foresaid of the said charter, and the instrument of sasine following upon the said precept of the date 14 May 1628 foresaid, in all and sundry points, heads, articles and clauses contained therein after the forms and tenors thereof, which contract, charter, precept and instrument of sasine following thereupon were all produced in parliament and shown to his majesty and the said three estates of this present parliament; and in respect thereof his majesty, with advice and consent foresaid, declares, decrees and ordains this present ratification of the foresaid contract, charter, precept and instrument of sasine to be as sufficient in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing with the not inserting thereof in this present ratification. Moreover, forasmuch as by the said contract and infeftment foresaid following thereupon it is provided that his majesty's justice clerk and his deputes shall be clerks in all the courts of justiciary to be held by the said Archibald, lord Lorne and his foresaids within the particular bounds above-specified, likewise his majesty and estates of this present parliament, understanding and considering that the said provision is not only needless but also may be hurtful and prejudicial to justice in respect of the far distance of the sheriffdoms and places above-written (within the bounds whereof the said office of justiciary is reserved and conveyed to the said Archibald, lord Lorne and his foresaids) and the burgh of Edinburgh, which is and should be the proper place of residence to the said justice clerk, by occasion whereof, for want and lack of a clerk justice, might be frustrated and delayed until the said justice clerk should be advertised of the diet and make and constitute deputes to attend the same; and his majesty and estates of this present parliament, also considering that the said reservation made regarding the said clerk was meant and intended only for general circuit courts which by act of parliament are appointed to be held twice in the year and not for particular diets wherein it is most proper and expedient for the advancing of justice that the said Archibald, lord Lorne and his foresaids (to whom the right of justiciary within the bounds above-written pertains by the said infeftment) shall have the undoubted and only right to create, install and eject clerks and other members of court of the said office of justiciary within the bounds above-mentioned in manner following, therefore frees and liberates the said Archibald, lord Lorne, his male heirs and successors to him in the right of the office of justiciary within the bounds above-mentioned of that head and clause of the foresaid contract and infeftment following thereupon, whereby the said justice clerk and his deputes are ordained to be clerks of the said courts of justiciary and that in so far as concerns particular diets and justice courts, and wills and declares that the said Archibald, lord Lorne, his male heirs and successors above-mentioned, shall have good and undoubted right in all time coming, to make, create, install and eject clerks of justiciary and other members of the said justice courts within the bounds of the lands above-specified in all time coming at their pleasure, for whom they shall be answerable to his majesty and his highness's successors, and without prejudice to that clause of the said contract and infeftment following thereupon regarding the said circuit courts to be held twice in the year according to the said act of parliament, wherein his highness said justice clerks or his deputes shall be clerks according to the tenor of the said contract and infeftment foresaid following thereupon, and reservation above-written therein specified. And further his majesty, with advice and consent of the said three estates of this present parliament, by this act, declares, statutes and ordains the foresaid contract, charter, precept and instrument of sasine following thereupon, and this present ratification thereof to be good, valid and sufficient rights and securities to the said Archibald, lord Lorne and his foresaids, whereby they may peaceably possess, enjoy, use and exercise the foresaid office of justiciary within the bounds above-mentioned with the whole privileges, liberties and immunities thereof and uplift the whole casualties and duties of the same contained in the foresaid rights. And furthermore, his majesty, with advice and consent foresaid for the better expedition of justice in the said office within the bounds above-mentioned, by this act, gives and grants full power, commission and liberty to the said Archibald, lord Lorne and his foresaids in their own names, as his majesty's justices within the said bounds, to direct forth summons, precepts and charges of horning against malefactors and delinquents within the bounds foresaid, for charging, warning and citing of them to find caution to underlie the law, and to compear at such convenient times and diets as are allowed by the laws of this country under the pain of rebellion and putting of them to his majesty's horn, and with command to denounce the parties to the horn in case of failure in finding of the said caution, or failure in compearance as said is, and also to direct precepts, letters and charges to denounce all persons to his majesty's horn who are declared fugitive or otherwise are ordained to be denounced his majesty's rebels by any lawful decreet or rollment of court of the said justice courts, and to escheat and bring in all their moveable goods, and to extend the same precepts and letters in ample form; and finds and declares that all precepts and letters of horning to be used in manner above-mentioned and duly registered according to the act of parliament are, and shall be, sufficient and lawful in themselves, and shall infer the escheat of the goods of the rebels according to the laws of this kingdom with all other effects, which letters of horning before the justice general infers in the like cases, and that the whole escheats of the said rebels and the whole financial penalties, amercements and escheats of the said justice courts shall be intromitted with and uplifted by the said Archibald, lord Lorne and his foresaids, the one half thereof for their own use and the other half of the same to the use of his majesty and his successors. And in like manner his majesty, with advice and consent foresaid, declares and ordains that in all patents and commissions to be granted by his majesty or his successors to any person or persons of the foresaid office of justiciary general or justiciary within any particular bounds within this realm, the foresaid office of justiciary within the bounds of the sheriffdoms and lands particularly above-mentioned contained in the said Archibald, lord Lorne's infeftment foresaid, shall be expressly excepted and reserved to him and his foresaids and that the said patents and commissions shall in no way prejudice nor impair the foresaid heritable infeftment of justiciary granted to the said Archibald, lord Lorne and his foresaids, within the bounds above-mentioned, but that the same shall remain entire and in full force unprejudiced by the same patents and commissions, notwithstanding of the generality of the power and terms thereof wherein the same shall happen to be conceived, without prejudice to his majesty and his successors to appoint commissioners within the said bounds at two circuit courts in the year according to the said contract and infeftment following thereupon and under the restrictions therein contained only and no other way. And it is hereby ordained and declared that how often his majesty or his successors shall grant any commissions for holding of circuit courts, that the same commissions (in so far as they or any of them shall comprehend the bounds particularly above-mentioned or any part thereof contained in the said Archibald, lord Lorne's infeftment thereof foresaid) shall be restricted and ruled according to the tenor and provision of the said Archibald, lord Lorne's infeftment. Moreover our said sovereign lord, with advice and consent of the said three estates of this present parliament, by this act, ratifies and approves the acts and statutes after-mentioned made by the lords of his majesty's privy council of the dates after-mentioned, namely: an act made in presence of the said lords of his majesty's privy council of the date 4 September 1629, whereby and according to a warrant directed to the said lords of his majesty's privy council by his majesty for authorising of the said Archibald, lord Lorne and his deputes to hold his justice courts for the north islanders at Inverness, notwithstanding that the said burgh of Inverness be outwith the bounds of the said Archibald, lord Lorne's said grant and infeftment, leaving them to hold courts in any other place where by virtue of his said grant he might do the same, the said lords of his majesty's privy council gave full power and warrant to the said Archibald, lord Lorne and his deputes to hold the said justice courts of the north islanders within the said burgh of Inverness; and declared the justice courts to be held by them within the said burgh of Inverness to be as lawful as if the same burgh were within the bounds above-written whereof the justiciary is conveyed to the said Archibald, lord Lorne and his foresaids; an act made in presence of the said lords of his majesty's privy council of the date 26 August 1630, whereby they ordained that no commission should be granted to nor in favour of any of the islanders until the said Lord Lorne, his majesty's justiciar in the Isles, be first heard and his opinion craved in relation thereto; another act made in presence of the said lords of his majesty's privy council of the date 14 February 1632, whereby they declared that they would grant no commission to any person or persons whatsoever for trying, censuring or judging of any criminal matters within the bounds of the said Archibald, lord Lorne's commission or any part thereof until the said Archibald, lord Lorne be warned to the granting thereof and heard in relation thereto; and likewise, an act made in presence of the lords of his majesty's exchequer of the said kingdom of Scotland upon 23 September 1631, whereby the said lords of exchequer ordained that nothing concerning the said Archibald, lord Lorne, his justiciary within the bounds above-mentioned, neither by commission nor remission, should pass nor have way before them derogatory or prejudicial to the said Archibald, lord Lorne's commission or infeftment foresaid to such time as the said Archibald, lord Lorne should be lawfully warned thereto and heard to propose and object his lawful reasons and defences why nothing should be done in any sort prejudicial to his said commission and infeftment in all and sundry points, heads, articles and clauses therein contained after the forms and tenors thereof; and wills, declares and ordains that this present ratification of the acts and statutes above-specified is and shall be as valid and sufficient in all respects as if the same acts and statutes were at length and word by word inserted herein, dispensing with the not inserting thereof in this present ratification by these words for ever; and ordains the said acts and statutes to be observed and kept in favour of the said Archibald, lord Lorne and his foresaids in all time coming and to have the full force, strength and effect of acts and statutes of parliament. And also his majesty, with consent and advice foresaid, wills and ordains if need be a new infeftment to be passed and completed under the great seal in favour of the said Archibald, lord Lorne and his foresaids, of the said office of heritable justiciary within the bounds above-specified with the privileges above-mentioned according to the tenor of this present act of parliament. It is always declared that this act nor the foresaid infeftment appointed to follow hereupon shall in no way be hurtful to his majesty's right trusty cousin and councillor James [Hamilton], marquis of Hamilton etc., his heirs nor successors regarding their right of justiciary within the bounds of the earldom of Arran in so far as the same belongs to the said James, marquis of Hamilton, lying within the sheriffdom of Bute and within the bounds of the lands of Saddell in Kintyre, lying within the sheriffdom of Tarbert, wherein the said James, marquis of Hamilton is infeft upon the resignation of the said Archibald, lord Lorne, with all privileges, liberties, dignities, immunities, casualties, profits and duties pertaining and belonging to the said office of justiciary within the bounds above-mentioned contained in the said James, marquis of Hamilton's infeftment thereof, held of his majesty; and ordains this act to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/91]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the charter and infeftment made and granted by his majesty's late dearest father of worthy memory, for himself and as father, administrator and governor to the late Henry, prince of Scotland and Wales, duke of Rothesay, Albany, Cornwall and York, and stewart of Scotland etc., his majesty's eldest son for the time and who was therein designed Henry, duke of Rothesay, earl of Carrick, lord Ardmannock, baron of the barony of Renfrew and prince and stewart of Scotland, under the great seal of the date at Edinburgh, 16 March 1610, in favour of his majesty's right trusty cousin Archibald [Campbell], earl of Argyll, lord Campbell and Lorne etc., in liferent and of his majesty's right trusty cousin and councillor Archibald, lord Lorne, his son, in fee, his male heirs and of tailzie specified in the said charter and infeftment under the conditions, reservations, provisions and restrictions therein mentioned, of the earldom, lordship and barony of Argyll, comprehending all and sundry the lands, lordships, baronies, castles, towers, fortalices, mills, woods, forests, fishings, offices, privileges, casualties, patronages and others therein specified proceeding upon the resignation of the said Archibald, earl of Argyll, containing a new gift with supplement of all defects and imperfections with the precept and instrument of sasine following thereupon, together with the ratification and renunciation made and granted by the said Archibald, earl of Argyll, of the date 11 March 1631, whereby and for the causes onerous contained therein the said Archibald, earl of Argyll renounced and discharged in favour of the said Archibald, lord Lorne, his male heirs and of tailzie above-specified, the said Archibald, earl of Argyll's liferent, right and title and all other right and title competent or that might be competent to him of the lands, baronies, mills, woods, fishings, offices, patronages, superiorities and others particularly and generally mentioned in the said charter and infeftment and of his whole other lands, teinds, possessions, rents, and estate within the kingdom of Scotland and the whole provisions, restrictions and conditions conceived in favour of the said Archibald, earl of Argyll, contained in the said infeftment of fee made to the said Archibald, lord of Lorne of the said earldom, lordship and barony of Argyll, or contained in whatsoever infeftments, rights and securities conceived in favour of the said Archibald, lord Lorne of or concerning whatsoever other lands, superiorities, rooms, possessions, teinds or others which pertained to the said Archibald, earl of Argyll, within the said kingdom of Scotland, containing sundry other clauses therein mentioned in all points, articles and clauses therein contained, after the forms and tenors thereof; which charter, precept and instrument of sasine, ratification and renunciation foresaid were all produced in parliament and seen by his majesty and estates of this present parliament; and in respect thereof his majesty, with advice and consent foresaid, declares, decrees and ordains this present ratification of the said charter, precept, instrument of sasine, ratification and renunciation to be as sufficient and effectual in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing with the not inserting thereof in this present ratification. As also his majesty, with advice and consent foresaid, finds, declares, statutes and ordains the foresaid infeftment to be a sufficient, valid and lawful right and security to the said Archibald, lord Lorne and his foresaids, for possessing and enjoying of the whole lands, lordships, baronies, castles, towers, fortalices, offices, patronages and others specified in the foresaid charter in all time coming. Moreover, forasmuch as by the foresaid infeftment of fee of the said earldom, lordship and barony of Argyll the said Archibald, lord Lorne is infeft in the heritable offices of sheriffships of the sheriffdoms of Argyll and Tarbert, and that it is perfectly known to his majesty and the estates of this present parliament that the said two sheriffdoms lie contiguous and that the burgh of Inveraray lying within the said sheriffdom of Argyll is the most fit place to be the head burgh of both the said sheriffdoms for holding of the head courts thereof, and that there is no fit and proper place within the said sheriffdom of Tarbert for holding of the same courts, and that in respect thereof the head courts and other particular diets of the said sheriffdoms have for the most part in all time bygone been held at the said burgh of Inveraray, as well concerning the inhabitants of the said sheriffdom of Tarbert as the inhabitants of the said sheriffdom of Argyll, therefore his majesty, with advice and consent of the three estates of this present parliament, has united and by this act unites the said sheriffdom of Tarbert to the foresaid sheriffdom of Argyll, and ordains both the said sheriffdoms of Argyll and Tarbert hereby united as said is to be called in all time coming the sheriffdom of Argyll. And furthermore, forasmuch as the lands following, namely: Ardnamurchan and Sunart, Locheil, Ardgour, Kingairloch, Morvern and the isles of Canna and Rum which lie contiguous to the said sheriffdoms of Argyll and Tarbert and are distant from the burgh of Inverness (which is the head burgh of the sheriffdom of Inverness, within the which sheriffdom the lands and isles immediately above-written lie) by the space of 100 miles or thereby and the said lands and isles at the furthest are distant from the said burgh of Inveraray by the space of 30 or 40 miles, likewise the said whole lands and isles pertain to the said Archibald, lord Lorne heritably in property or tenancies (except the lands in Morvern and Kingairloch which pertain heritably to Sir Lauchlan MacLean of Morvern, knight, Murdoch MacLean of Lochbuie and [...] MacLean of Kingairloch, and who are willing that the said lands be joined to the said sheriffdom of Argyll and have given in their humble petition for that effect), therefore his majesty, with advice and consent of the said three estates of this present parliament, has dismembered and by this act dismembers the whole particular lands and isles immediately above-written from the said sheriffdom of Inverness and joined and united and by this act joins and unites the same lands and isles to the said sheriffdom of Argyll, and declares the inhabitants of the same lands and isles to be free of the jurisdiction of the sheriff of Inverness and to be liable to the jurisdiction of the said sheriff of Argyll in all time coming, and declares and ordains the foresaid burgh of Inveraray to be in all time hereafter the head burgh of the said united sheriffdom of Argyll, comprehending both Argyll and Tarbert and the other lands and isles above-specified now united thereto as said is, and declares that all citations, summons, denunciations of hornings, inhibitions, brieves and such other public citations and proclamations shall be made, used and executed at the market cross of the said burgh of Inveraray for the whole bounds of both the said united sheriffdoms of Argyll and Tarbert and of the other lands and isles above-specified now united to the said sheriffdom of Argyll as said is and for the whole inhabitants thereof and that no citations, summons, denunciations of hornings, inhibitions, brieves nor any other such public citations or proclamations shall be used at any time hereafter at the market cross or accustomed place of Tarbert, and likewise ordains the foresaid burgh of Inveraray to be the ordinary place for administration of justice to the whole inhabitants of the said sheriffdom of Argyll, comprehending the said sheriffdom of Tarbert and other lands and isles above-specified now united thereto as said is, as being the head burgh of the said united sheriffdom of Argyll as is above-mentioned; without prejudice always to the said Archibald, lord Lorne and his foresaids whenever occasion be offered to hold sheriff courts within any part of the bounds of the said united sheriffdoms of Argyll and Tarbert and other lands and isles above-specified now united to the said sheriffdom of Argyll as said is, for the ease and commodity of his highness's lieges, inhabitants thereof and others subject to the courts of the same and to cite them to compear before him or his foresaids or their deputes upon the ground of any part of any lands lying within the said united sheriffdoms of Argyll and Tarbert and other lands and isles above-specified united to the said sheriffdom of Argyll as said is, as they shall be cited and required; and ordains publication hereof to be made at the market crosses of Inveraray, Tarbert and Inverness to all and sundry of our said sovereign lord's lieges and others whom it pertains to the effect that none pretend ignorance thereof; and ordains this act to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/92]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the three charters after-mentioned, with the precepts and instruments of sasine following thereupon, namely: the first thereof made and granted by his majesty's late dearest father of eternal memory under his highness's great seal to Archibald, lord Lorne, his male heirs and assignees whatsoever, of the lands and others therein specified thereby united in a barony called the barony of Ardnamurchan, of the date at Stirling, 9 March 1625; the second of the said charters made and granted by his majesty under the great seal to the said Archibald, lord Lorne and his foresaids of the lands and others mentioned therein thereby united in a barony called the barony of Balavil, of the date at Holyroodhouse, 5 August 1630; and the third of the said charters made and granted by his majesty under his highness's great seal to the said Archibald, lord Lorne and his foresaids of the lands and others therein specified thereby united in a barony called the barony of Gigha, of the date at Holyroodhouse, 4 February 1632 in all and sundry points, articles and clauses therein contained after the form and tenor thereof, which three charters were all shown and produced before his majesty and the estates of this present parliament. Likewise his majesty, with advice and consent foresaid, declares, statutes and ordains that this present ratification of the said three charters and of the precepts and instruments of sasine following thereupon is and shall be as good and sufficient in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting thereof in this present ratification. And likewise that the said three charters or infeftments, with the precepts and instruments of sasine following thereupon and this present ratification thereof, are, and shall be, sufficient, valid and lawful rights and securities to the said Archibald, lord Lorne and his foresaids, for the peaceable possessing and enjoying of the lands and others above-specified, according to the tenors of the said charters and for the duties therein contained, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/93]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the commission granted by the lords of his majesty's secret council, of the date 21 April 1625, to Archibald, lord Lorne and certain of his friends therein nominated against the rebels therein named of the Clan Ian and all their assisters and accomplices; as also the act made in presence of the said lords of his majesty's secret council of the date 28 July 1625, whereby the said lords (in respect of a report in writing given in before them by the said Archibald, lord Lorne of his whole proceedings in the execution of the said commission) found and declared that the said Archibald, lord Lorne did very worthily and dutifully behave and carry himself in the execution of the said commission and thereby answered the trust and credit which was reposed in him and, therefore, ratified and approved and allowed the said Lord Lorne's whole proceedings in his service foresaid, and discharged him thereof in all points, articles and clauses therein contained, after the forms and tenors thereof, and declares and ordains this present ratification thereof to be as good and sufficient in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification. And likewise his majesty, with advice and consent foresaid, by this act of new, ratifies, approves and allows the said Archibald, lord Lorne and his said friends their whole proceedings in the service foresaid and exonerates and discharges him and his said friends of their whole proceedings in the said service and in the execution of the foresaid commission for now and ever, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form.
[1633/6/94]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his highness's whole estates of this present parliament, ordains an act to be made therein in favour of his highness's trusty cousin John, lord Hay of Yester, his male heirs, of tailzie and assignees whatsoever, ratifying and approving and, for his majesty and his successors, perpetually confirming, likewise his majesty, with consent foresaid, by this act, ratifies, approves and, for his majesty and his highness's successors, perpetually confirms the charter and infeftment made and granted by his majesty's late dearest father of worthy memory to the late William [Hay], lord Hay of Yester, his male heirs and of tailzie therein contained, of all and whole the lands and lordship of Yester, containing therein the lands, lordship, baronies, offices, mills, woods, fishings, advocation, donation and right of patronages of kirks, benefices, chaplainries, provostries and others therein mentioned to be held of his majesty and his highness's successors in fee and heritage of the date under his highness's great seal, 27 February 1590; the precept of sasine following upon the said charter under the testimonial of his highness's great seal for giving sasine to the late James [Hay], lord Hay of Yester, as male heir to the said late William, lord Hay of Yester, of the lands, lordship, baronies and others foresaid of the date 29 May 1591; the instrument of sasine given to him thereof according thereto of the date 7 June 1591, under the sign and subscription manual of the late James Gray, notary public; the service and retour of the said John, now lord Hay of Yester, whereby he is served and retoured son and male heir to the said late James, lord Hay of Yester, of the lands, lordship, baronies, offices and others above-written, of the date the [...] day of [...] 16[...]; the precept of sasine upon the said retour of the date 26 March 1610; the instrument of sasine following thereupon of the date 23 May 1610, under the sign and subscription manual of the late James Gray, notary public; the charter and infeftment under his highness's great seal made and granted by his majesty's late dearest father of worthy memory to the said John, lord Hay of Yester, his male heirs and assignees whatsoever of all and sundry of the lands of Achquhatmur, with the pertinents, lying within the sheriffdom of Lanark, the lands of Rodono, lying within the sheriffdom of Selkirk, and of seven acres of land of Floors, lying within the parish of Peebles at the east end of the burgh thereof, with their pertinents, to be held of his majesty and his highness's successors in feu and heritage, of the date at Holyroodhouse, 18 April 1599; the precept of sasine under the testimonial of his highness's great seal following thereupon of the date of the said charter and the instrument of sasine given to the said John, lord Hay of Yester thereof, according thereto, of the date 29 and 30 June 1599, under the sign and subscription manual of the late James Gray, notary public; the charter and infeftment made and granted by his highness's late dearest father of worthy memory to the said John, now lord Hay of Yester, his male heirs and of tailzie contained in his infeftment of the lordship of Yester of the benefice and tenancies of the crosskirk of Peebles, to be held of his majesty and his highness's successors, of the date under his highness's great seal at his highness's court of Newmarket in England 3 February 1624; the precept of sasine following thereupon under the testimonial of his highness's great seal of the date of the said charter; the instrument of sasine given to the said John, lord Hay of Yester thereof according thereto of the date 30 March 1624, under the sign and subscription manual of Patrick Veitch, notary public, with all and sundry other infeftments, charters, precepts, instruments of sasine, confirmations, services, retours, infeftments following thereupon, procuratories and instruments of resignation and infeftments following upon the same and all other writs, rights, titles and securities made and granted by our said sovereign lord or any of his highness's most noble progenitors to the said John, lord Hay of Yester, his ancestors, their heirs, successors and assignees of the lands, lordship, baronies, offices, tenancies and others therein mentioned of whatsoever date or dates, tenor or contents the same be in all and sundry points, passes, heads, articles, clauses, provisions and conditions whatsoever therein contained, according to the tenors thereof, with all that has followed or may follow thereupon, declaring this present general ratification of all and sundry the evidents and writs specially and generally foresaid to be as good, valid, effectual and sufficient to the said John, lord Hay of Yester and his foresaids for possessing and enjoying of the lands, lordship, baronies, offices, tenancies and others above-written therein contained as their heritage at their pleasure in all time coming, as if all and sundry of the same writs and securities specially and generally foresaid were at length and word by word engrossed herein; concerning which our said sovereign lord, with advice and consent foresaid, has dispensed and by this act, for his highness and his successors, with consent above-written, dispenses for ever. And also his majesty, with advice and consent foresaid, decrees and declares the said writs to be good and sufficient rights, titles and securities to the said John, lord Hay of Yester and his above-written, whereby he and they may hold, enjoy and possess all and sundry the lands, lordship, baronies, offices and others therein contained as their heritage at their pleasure in all time hereafter, and ordains this present ratification to be inserted amongst the other acts of his highness's parliament; concerning which, this ratification shall be a sufficient warrant.
[1633/6/95]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act, ratifies and approves the act of the commissioners for surrenders and teinds of the date 29 July 1631, whereby and for the causes onerous therein contained they found it fit and expedient, and concluded and ordained, that his highness's right trusty cousin John, lord Loudoun and his successors should have the right of patronage of the new erected kirk, called the kirk of the Muir, with the presentation of the ministers serving thereat, and humbly entreated and requested his majesty to approve the proceedings of the said commissioners and to erect the said kirk of the Muir in a separate kirk and parish and to convey the heritable right of the patronage, advocation and donation of the said kirk to the said lord Loudoun, his male heirs and successors. And likewise humbly requested his sacred majesty and estates of this present parliament to ratify and approve the said act with the right and infeftment of patronage to be given by his majesty in favour of the said Lord Loudoun, and to grant to the said Lord Loudoun and his foresaids such further warrant and security relating thereto as may stand with law and justice in all points, articles and clauses therein contained after the form and tenor thereof. And declares, statutes and ordains that this present ratification thereof is, and shall be, as sufficient in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting thereof. And likewise his majesty, with consent foresaid, by this act of new unites and erects the said kirk of the Muir and parish thereof in a separate and distinct parish kirk and parish by itself, and ordains an infeftment to be granted by his majesty under the great seal to the said Lord Loudoun, his male heirs and assignees of the advocation, donation and right of patronage of the said kirk of the Muir, to be held of his majesty and his successors in free blench for yearly payment of one penny Scots at the feast of Whitsunday [May/June] in name of blench ferm if it be asked only; and ordains this ratification to be a sufficient warrant to the clerk register and his deputes to extend an act of parliament hereupon in due form.
[1633/6/96]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the charter made and granted by his majesty's late dearest father of eternal memory under the great seal of the date at Edinburgh, 2 March 1622, to and in favour of Dame Margaret Campbell, lady Loudoun, therein designed eldest lawful daughter to the late George [Campbell], master of Loudoun, and spouse to John, lord Loudoun, who was therein designed Sir John Campbell, knight, eldest lawful son to Sir James Campbell of Lawers, knight, in liferent during the space therein mentioned, of the lands of Sorn, Blairmulloch and Blairkip and certain other lands and others therein contained; and to and in favour of the said John, lord Loudoun, his male heirs and assignees therein specified, of the lands and barony of Martinham and sundry other lands, baronies and others therein specified, with the precept and instrument of sasine following thereupon in all and sundry points, heads, articles and clauses contained therein, after the forms and tenors thereof and that only in so far as the said charter, precept and instrument of sasine following thereupon concerns or may be extended to the lands, baronies and others after-mentioned, namely: the said lands and barony of Martinham, the lands and barony of Tarrinzean, the lands of Dowchray, the kirk lands of Loudoun, and the patronages of the kirks of Auchinleck and Loudoun, parsonages and vicarage thereof. And also ratifies and approves the charter made and granted by his majesty (being designed for the time Charles, prince of Scotland and Wales, duke of Rothesay, Albany, Cornwall and Chester) under his highness's seal, which is of the date 26 July 1620, to and in favour of the said Dame Margaret Campbell in liferent during the space mentioned therein of the lands of Hoodston, Brydinstoun, Bogside and of certain other lands contained therein, and to and in favour of the said John, lord Loudoun, his heirs and assignees specified therein of the lands and baronies of Easter and Wester Loudouns, and of sundry other lands, baronies and others mentioned therein, with the precept and instrument of sasine following upon the same charter; and likewise a contract of wadset passed between his majesty, with consent of his highness's treasurer principal and treasurer depute and other lords of his majesty's exchequer of this realm on the one part, and the said John, lord Loudoun on the other part, of the date 13 April and 5 August 1630, together with the charter made and granted by his majesty under his highness's great seal proceeding upon the said contract, with the precept and instrument of sasine following thereupon in all and sundry points, articles and clauses therein contained after the forms and tenors thereof. Likewise his majesty, with advice and consent foresaid, wills, statutes and ordains that this present ratification of the whole charters, precepts, instruments of sasine and contract respectively above-mentioned is and shall be as good and sufficient in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification; and also for weighty and seen causes concerning the common good finds, declares and ordains the same infeftments, charters, precepts, instruments of sasine and contract above-mentioned to be good, valid and perfect rights and securities whereby the said John, lord Loudoun and his foresaids and his lady above-nominated may enjoy, hold and possess the lands and others contained therein, after the forms and tenors thereof, and this present ratification of the same in all points.
[1633/6/97]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to and in favour of Archibald, lord Napier of Merchiston, ratifying and approving and, for his highness and his successors, perpetually confirming the decreet of valuation given at Holyroodhouse, 21 March 1628, by the commissioners nominated by the king's majesty for the treaty regarding the erections, surrenders and teinds, whereby the said commissioners validate and estimate the said Lord Napier's lands underwritten to be worth yearly in constant rent in stock and teind as follows, namely: the lands of Mayresyde to be worth yearly in constant rent in stock and teind five chalders, five bolls of barley and wheat; the lands of Gorgiemuir to be worth yearly in constant rent in stock and teind six chalders of barley; and the 33 acres of land possessed by William Hogg and Thomas Fairholm to be worth in constant rent yearly in stock and teind three chalders and eight bolls of barley; the lands possessed by Helen Tok, John Stevenson and John Jobe to be worth yearly in constant rent in stock and teind 20 bolls of barley; and the 46 acres of land occupied by John Brown to be worth yearly in constant rent in stock and teind four chalders, 12 bolls of barley; and the lands of Tipperline to be worth yearly in constant rent in stock and teind three chalders, eight bolls of barley; and the portion of the mains of Merchiston possessed by the said Lord Napier himself to be worth yearly in constant rent in stock and teind eight chalders of barley; and accordingly the whole lands of Merchiston to be worth yearly in constant rent in stock and teind 32 chalders of victual of the kinds above-written in manner specified in the said decreet, as the same in itself at more length bears; and also the decreet given by his highness's exchequer of Scotland upon 19 June 1632, proceeding upon a suspension obtained at the instance of the said Archibald, lord Napier of Merchiston, against his highness's principal treasurer, depute treasurer and their deputes having their power to receive the annuity of the teinds after-specified and their charges whereby they were charged for payment of the annuity of the teinds of the said lands therein mentioned yearly, the years of God 1628, 1629, 1630 and 1631, extending in the whole the said four years to the sum of £167 2s, by the which decreet the said lords of exchequer found the said letters raised at the instance of the said treasurers principal and depute against the said Lord Napier in the said matter to be orderly proceeded, and ordained the said sum of £167 2s consigned as the annuity of the said teinds the said years to be delivered up to William Butter, receiver of the annuity of the said teinds, in the said treasurers' names, upon a sufficient discharge, in recompense whereof the said lords ordained the said Lord Napier to have retention in his own hand of so much of the tack duty of £14 4s payable by him to John [Bothwell], lord Holyroodhouse for the said teinds of the crop and year of God 1631, as may be equivalent and answerable to the annuity thereof for the said four crops and years of God above-specified, for the reasons and causes contained in the said decreet, as the same also bears, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant, decree and ordain that this present ratification of the said decreets and either of them is and shall be of as great force, strength and effect to the said Lord Napier, his heirs and successors as if the said two decreets were all at length specially and particularly ratified, inserted and contained word for word in this present ratification; concerning which, our said sovereign lord and estates of parliament have dispensed and by this act dispense for ever.
[1633/6/98]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm an act dated at Holyroodhouse, 9 February 1631, granted by the lords commissioners for the surrenders and teinds, by the which act they have ratified, allowed and approved another act of the session of the kirk of Crail regarding the dividing of the rooms and houses particularly underwritten from the said kirk of Crail and adjoining and annexing of the same to the kirk and parish of Kingsbarns. Likewise the said lords commissioners by their said act of new dissolved and divided the lands and rooms particularly after-specified, they are to say: the lands of Pitmilly, Morton of Pitmilly, mills thereof, Kilduncan, Falside, Cookston, Grassmiston, Kingsbarns and barony of Kippo, Cambo, Belches and Muirhouse, Randerstone and Newton thereof from the said kirk and parish of Crail, and joined, united and annexed the same to the said kirk and parish of Kingsbarns, which kirk the said commissioners ordained to be the parish kirk of the lands particularly above-written and the inhabitants of the said lands to be the proper parishioners of Kingsbarns in all time coming, with conditions always that the said division shall not be prejudicial to such gentlemen within the parish of Kingsbarns as have right and privilege of proper and peculiar burial places within the kirk or kirkyard of Crail, but that they and their successors may enjoy the same right and privilege as freely and peaceably as if they yet remained parishioners of Crail in all and sundry heads, clauses and conditions expressed and set down in the foresaid act made and granted by the said lords commissioners relating thereto, together also with the said act of the session of the said kirk of Crail and all other acts presbyterial and synodical set down and concluded concerning the erection of the said kirk of Kingsbarns with the lands and rooms particularly above-specified, in a separate and particular parish by the self divided and distinguished from the said kirk and parish of Crail in manner before mentioned and declares all the said acts to be held as for expressed and set down herein at length and word for word. And further, our said sovereign lord and estates foresaid, for great and seen causes tending to the honour of God and his majesty and propagation and maintenance of religion, and for the good and well of the kingdom, has by express and plain vote, voice and suffrage of parliament of new divided the lands, rooms and others particularly above-written from the said kirk and parish of Crail, and has joined, united and annexed the same to the said kirk and parish of Kingsbarns, which is declared to have been since the first erection thereof and to be for ever a proper and peculiar parish kirk called and to be called in all time coming the kirk of Kingsbarns; which kirk his majesty and estates foresaid have ordained to be the parish kirk of the lands particularly above-written and the inhabitants thereof to be the proper parishioners of Kingsbarns in all time coming, and that they shall resort and repair thereto and to all sermons, preachings, sacraments and other ecclesiastic duties and offices. And notwithstanding thereof, his majesty and estates foresaid finds and declares that the said John, lord Lindsay, his male heirs and successors, has, and shall have, good and undoubted right, title and interest to the patronage of the said new erected kirk of Kingsbarns and to the teinds of the lands and others above-specified united and annexed thereto as said is, as if the same had not been dissolved, disjoined and separated from the said kirk and parish of Crail, whereof the said John, lord Lindsay, his predecessors and authors were constituted heritable patrons of before, and ratifies and approves all infeftments, rights and securities made and granted to them thereupon, and that the said John, lord Lindsay and his foresaids shall in all time coming abide and remain undoubted heritable patrons of the said new erected kirk of Kingsbarns, likewise and after the same form and manner as if the said kirk of Kingsbarns and lands above-written had not been separated nor disjoined from the said kirk and parish of Crail and that the said division shall not be prejudicial to such gentlemen of the said parish of Kingsbarns as have right and privilege of proper and peculiar burial places within the said kirk or kirkyard of Crail, but that they and their successors may and shall enjoy the same right and privilege as freely and peaceably as if they yet remained parishioners of Crail. And also, our said sovereign lord and estates foresaid find and declare that the minister now present and his successors serving the cure at the said kirk of Kingsbarns in all time coming has, and shall have, good right and interest to the yearly stipend of five chalders of victual endowed and allowed by the said John, lord Lindsay, patron and tacksman of the teinds of the said kirk and parish of Crail, out of his charitable disposition for maintenance of the minister serving the cure at the said kirk of Kingsbarns and his successors, and that without prejudice regarding the payment of another 10 chalders of victual yearly appointed and allowed to be paid to the ministers present and to come serving the cure at the said kirk of Crail. And ordains letters of horning upon a simple charge of 10 days to be directed hereupon at the instance of the minister present and to come serving the cure at the said kirk of Kingsbarns, or at the instance of the said John, lord Lindsay, his male heirs and successors, against all persons having interest for complying with and obeying of this present act and statute in all points; and ordains the same to be a sufficient warrant to the lord register for extending and extracting of an act of parliament hereupon, in due and ample form as appropriate.
[1633/6/99]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein in favour of his highness's beloved the provost, bailies, council and community of the burgh of Aberdeen and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming the charters made and granted by his majesty's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith etc., of eternal memory, with advice and consent of his highness's principal treasurer, treasurer depute and other lords of his highness's secret council of Scotland, his highness's commissioners for the time, under the great seal, of the date at Falkland, 17 July 1617, whereby our said late deceased sovereign lord of worthy memory, with advice and consent foresaid, for the causes therein contained, not only ratified, approved and confirmed all and whatsoever charters, infeftments, precepts, instruments of sasine, confirmations, acts, sentences, decreets, donations, exemptions, rights, titles, securities, letters, writs and evidents special and general mentioned in the said charter, grants, liberties, commodities, immunities and privileges contained therein, made, granted or confirmed by his highness's said late dearest father of worthy memory and his majesty's predecessor kings and queens of Scotland or by their governors, regents or lords of session for the time, to the said burgh of Aberdeen, provost, aldermen, bailies, dean of guild, treasurers, council, burgesses and community thereof, and to the kirks, ministers and hospitals of the said burgh and their successors of whatsoever form or forms, content or contents, date or dates the same respectively be of, of and concerning the erection of the said burgh of Aberdeen in a free burgh royal with all rights, titles and privileges belonging thereto by the laws and customs of this realm, and of all lands, tenements, forests, woods, muirs, mosses, community waters, salmon fishings, mills, astricted multures, castles, meadows, lochs, hills, greens, blockhouses, anchorages, small customs, bell customs and tron weights, measures and other profits, casualties and duties whatsoever which of before belonged to the said burgh of Aberdeen and which they and their predecessors or authors possessed and used at any time of before, but also his majesty's late dearest father of worthy memory, with advice and consent foresaid, of new gave, granted, erected and conveyed to the said provost, bailies, council, burgesses and community of the said burgh of Aberdeen and their successors for ever; all and whole the said burgh of Aberdeen, with the precinct walls, ditches, ports, ways, streets, passages and all and sundry houses, buildings, yards, tenements, crofts, acres and roads within the territory and liberty of the said burgh; and also all and sundry common lands and other lands, waters, salmon fishings, specially and generally mentioned in the said contract, inches, shiels† and other liberties thereof, ferry boats, fees, duties and commodities thereof, common mills of the said burgh, multures, sequels, castle hill, green meadow, suburb called Futtie, chapels thereof, boats and white fishings belonging thereto, bulwark, port and pier of Aberdeen, mill dams and passages thereof and liberties and privileges of the same and customs called bell customs, small customs and toll customs of the said burgh, tron weights of the said burgh, fees and duties belonging thereto, other weights, measures, liberties, privileges and immunities belonging to the said burgh in anyway specially and generally mentioned in the said charter; and of all and sundry annualrents, feu ferms, yearly duties, altarages, lands, fishings, teinds, houses, crofts and chaplainries which pertained of old to the chaplainries of St Nicholas, parish kirk of Aberdeen, with all tenements, crofts, mansions, dail-silver† and anniversaries whatsoever, which pertained of before to whatsoever chaplainries and altarages founded in whatsoever kirk, chapel or college within the liberty of the said burgh of Aberdeen by whatsoever persons or patrons; all and whole the mansion place, houses, buildings, yards and kirk which pertained of before to the grey friars of the said burgh; common loch, hills, greens and fields called the links of the said burgh, tenants, tenancies, service of free tenants of all and sundry the said lands and fishings, parts, pendicles and pertinents thereof; and with all and sundry other liberties, immunities, rights and privileges whatsoever belonging to the said burgh and whereof the said provost, bailies, council and community of the said burgh and their predecessors have been in possession in any time bygone, together also with as ample and great privileges and immunities as has been given, granted and conveyed by our said sovereign lord of worthy memory, or any of his ancestors, to the burghs of Edinburgh, Perth, Dundee or any other burgh royal within this realm of Scotland at any time bygone preceding the date of the said charter, all united, annexed and incorporated to and with the said burgh of Aberdeen, liberties and privileges thereof; and to the lands, possessions, fishings and others belonging thereto, specially and generally mentioned in the said charter, to be held by the said provost, bailies, council and community of the said burgh of Aberdeen and their successors, of our sovereign lord and his highness's successors, in fee heritage and free burgage for ever, as the said charter of the date foresaid in itself at more length bears, with the precept of sasine following thereupon under the testimony of the great seal, of the same date, and instrument of sasine following thereupon, of the date the [...] day of [...] 16[...], as also the act of dissolution made in the parliament held at Edinburgh, 28 June 1617, whereto the said charter above-mentioned is relative and whereon the same proceeds and follows in manner therein contained; as also the charter made by the late King Robert I to the said burgesses and community of the said burgh of Aberdeen of all the liberties, customs and immunities, wherein they were infeft by his predecessors of before in time bygone and giving full power to the said burgesses and community of the said burgh to take ward and punish all these that should come in arms within the said burgh against the statutes of his majesty and burghs of this realm in time coming, under the great seal of the date at Girvan in Carrick, 6 February 1328, in all and sundry the heads, points, clauses, articles and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for them and their successors, decree and ordain that this present ratification of the said charter, precept and sasine following thereupon and of the act of dissolution above-written, whereupon the same proceeded, and the other charter above-mentioned made by the said late King Robert I is, and shall be, as valid and sufficient and of as great force, strength and effect to the said provost, bailies, council and community of the said burgh of Aberdeen and their successors for possessing and enjoying of the said burgh of Aberdeen and all and sundry lands, heritages, forests, mills, woods, salmon fishings, casualties, liberties, privileges, immunities and others whatsoever contained in the said charters and either of them and otherwise belonging thereto as if the said two charters, precept, sasine and act of dissolution above-written were all at length inserted, engrossed and contained in this present ratification, concerning which and with all other defects and imperfections which may be proposed or alleged against the said two charters, precept, sasine and act of dissolution, or any of them and this ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever; and that the said ratification be further extended in the best form with all clauses necessary.
[1633/6/100]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, being sufficiently informed of the great charges and expenses that the provost, bailies, council and community of the burgh and city of Glasgow has sustained these many years bygone in making of the River Clyde, whereupon the said burgh and city is founded and situated, portable for ships, boats, barks and other vessels for importing and exporting of foreign and homeward commodities, to the great comfort of his majesty's lieges lying within the bounds and sheriffdoms next adjacent thereto, and for advancement and increase of policy of the common welfare of this his highness's kingdom of Scotland, and in mending, repairing and upholding of the bridge of Glasgow over the said river, which is a very profitable means for maintenance of commerce, as likewise of the great care, pains and charges sustained by them in upholding of the great kirk of Glasgow and edifice thereof after the ancient manner and first foundation of the same; and also calling to mind what great and sumptuous charges, care and expenses they have been at lately in building of a tolbooth for administration of justice and other affairs tending to the advancement of the common welfare and decoration of the said kingdom, and in building and repairing of churches within the said burgh and city with steeples answerable thereto, as also of the great care, diligence and expenses sustained by them in building and repairing of certain bridges over rivers and waters in sundry parts where strangers may have commodious travelling to and from his majesty's kingdom of Ireland and other parts within the kingdom of Scotland, not only to the comfort and profit of the lieges of all sorts of these his majesty's kingdoms, but likewise to the great comfort of all strangers and foreigners resorting in these parts. And his majesty, being mindful of these their commendable and common works tending to the common welfare of his majesty's kingdom, and to give them occasion to continue in prosecuting of their good intentions, and for the known good service done to his majesty and his most noble progenitors by the provost, bailies, council and community of the said burgh and city of Glasgow and their predecessors in time past, therefore our said sovereign lord, with consent and advice of the three estates of this present parliament, has ratified, approved and confirmed and, by the tenor hereof, ratifies, approves and confirms all and sundry charters, infeftments, confirmations thereof, gifts, donations, mortifications and all other evidents, writs and securities whatsoever of whatsoever nature, kind and quality the same be made and granted by his majesty or any of his most noble progenitors to and in favour of the provost, bailies, council, and community of the said burgh and city of Glasgow; and in special (without prejudice of the generality foresaid) his majesty, with advice and consent above-specified, has ratified and approved and, by this act, ratifies and approves a charter, gift or donation granted by his highness's most noble progenitor Alexander, king of Scots, of and concerning the liberties and privileges of the said burgh, burgesses and inhabitants thereof, of the date at Maden Castle, 18 June, the 26th year of his reign. Item, another charter granted by King Robert, his majesty's most noble progenitor, confirming the foresaid charter under the great seal, dated 15 November, the 23rd year of his reign. Item, another charter granted by King Robert to the provost, bailies, council and community of the said burgh of Glasgow, confirming the foresaid charter and granting certain new liberties thereto, dated at Scone, 28 July in the 18th year of his reign. Item, another charter granted by Mary, queen of Scots, his majesty's dearest grandmother, to and in favour of the provost, bailies, council and community of the said burgh of Glasgow of certain lands, tenements, kirks, chapels, chaplainries, prebendaries, altarages and others mentioned therein, dated 17 March 1566. Item, another charter granted by his majesty's dearest father of eternal memory under his great seal, ratifying all the former gifts, donations, privileges and others made in favour of the said provost, bailies, council and community, dated at Royston, 8 April 1611. Item, a decreet of parliament pronounced in favour of the said burgh of Glasgow, dated 29 November 1469. Item, his majesty's ratification of the said decreet dated 1 December 1479. Item, an act of secret council in favour of the said burgh concerning their liberties, dated 10 September 1600. Item, an act of interlocutor of the lords of session given in their favour upon 25 July 1607. Item, a decreet of the lords of council and session given in favour of the said burgh upon 4 June 1575 regarding a ladleful of all sorts of corns sold in their market, in all and sundry heads, articles, clauses, conditions and circumstances thereof whatsoever, willing, declaring and ordaining that this present ratification of the particular evidents and writs above-written and generality thereof is, and shall be, as valid, effectual and sufficient to the provost, bailies, council and community of the said burgh of Glasgow and their successors for ever in judgement and outwith as if they and every one of them were at length, word by word, engrossed and inserted herein. And further, our said sovereign lord, with advice and consent foresaid of his estates of parliament, ratifies and approves all and whatsoever gifts, rights and securities made and granted in favour of the provost, bailies, council and community of the said burgh by his majesty's predecessors or by whatsoever other person or persons of whatsoever kind and quality the same be of, of and concerning the tron of the said burgh, river and bridge of the same, tolls and customs thereof uplifted by them and whereof they and their predecessors are, and have been, in use and possession these many years past for maintenance of their bridge over the said River Clyde, and declares that their ancient possession of the customs thereof shall be as sufficient as if the gifts or donations granted to their predecessors of the same were produced in this present parliament, and generally ratifies and approves all and whatsoever other charters, infeftments, confirmations thereof, gifts, donations, mortifications and all other evidents and writs whatsoever made and granted by his majesty or any of his most noble progenitors, kings, queens, princes and stewarts of Scotland, their regents, governors and protectors of this kingdom for the time to, and in favour of, the provost, bailies, council and community of the said burgh of Glasgow, burgesses and inhabitants thereof, of and concerning all and whatsoever lands, houses, buildings, tenements, annualrents, dignities, offices, liberties, privileges, kirks, chapels, chaplainries, altarages, prebendaries, duties and annualrents whatsoever belonging thereto, trons, waters, rivers, bridges and customs belonging to the same, admitting, declaring and ordaining that this present ratification and generality thereof is, and shall be, as good, valid and sufficient to them and their successors in all time coming as if every particular writ and evident granted to them thereupon were particularly and at length word for word engrossed and inserted herein; concerning which, and with all that may be objected there against, his majesty and estates foresaid of this present parliament have dispensed and, by this act, dispense for ever, with express declaration always, likewise our said sovereign lord and estates foresaid by this present act declare, statute and ordain that the charters, infeftments, acts, decreets and other rights and securities, specially and generally above-mentioned, granted to the said burgh of Glasgow with this present ratification thereof, shall in no way be prejudicial nor hurtful to his majesty's dearest cousin and councillor James [Stewart], duke of Lennox, his heirs and successors, regarding the heritable right and infeftment of the office of bailiary and justiciary of the barony and regality of Glasgow and all the parts thereof, as well within as outwith the burgh of Glasgow, but that, notwithstanding of the said charters, infeftments and other rights specially and generally above-mentioned, and this present ratification thereof, his highness's said dearest cousin and councillor James, duke of Lennox, his heirs and successors shall possess, enjoy, use and exercise the said office of bailiary and justiciary of the barony and regality of Glasgow above-written and all the parts thereof as well within as outwith the burgh of Glasgow, and shall uplift and intromit with the fees, casualties, commodities and duties belonging to the said office of bailiary and justiciary of the said barony and regality of Glasgow likewise and as freely in all respects as if the charters, infeftments and other rights specially and generally above-mentioned, and this present ratification thereof, had never been made nor granted, as likewise with this express declaration: likewise our said sovereign lord and estates foresaid, by this present act, and also with consent of the provost and one of the bailies of the said burgh, in name of the remaining whole council and community of the said burgh of Glasgow, declares, statutes and ordains that the charters, infeftments, decreets, acts, possessions and other rights and securities specially and generally above-mentioned, granted to the said burgh of Glasgow with this present ratification thereof, shall in no way be hurtful nor prejudicial to the right reverend father Patrick [Lindsay], archbishop of Glasgow and his successors regarding his and their right of the election and nomination of the magistrates of the burgh of Glasgow, nor regarding the right of any lands, teinds, privileges, liberties or others whatsoever pertaining to the archbishop of Glasgow and his successors. And lastly with express declaration that this present ratification shall be in no way prejudicial to the liberties, privileges and immunities of the University of Glasgow, but that the same shall be reserved to them with the lands, tenements, yards and others appertaining thereto according to the ratification granted to them in this present parliament and to the declarations and reservations expressed in the same ratification and no otherwise.
[1633/6/101]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his highness's late dearest father, King James VI, of worthy and eternal memory, upon diverse good causes and considerations moving him, with advice of the lords of his secret council, did create and erect the burgh of Culross, being a free burgh of barony of before, in a free burgh royal and endowed the same with diverse and sundry privileges, liberties and freedoms mentioned in the charter and infeftment of the said burgh under the great seal of the date 5 June 1592, and thereafter that same day in the parliament then held at Edinburgh, his highness's said late dearest father and estates of that parliament, in consideration thereof and seeing the said erection and creation of the said burgh as said is in a free burgh royal was done upon good considerations tending to the increase of policy and augmentations of his highness's patrimony, ratified and approved the said infeftment and whole privileges, conditions, clauses and provisions thereof, determining and declaring the same infeftment to be as valid and sufficient as if the said burgh, lands and others specified therein had been specially dissolved in the act of the annexation of the kirklands to the crown, and further dissolved the said burgh, lands, acres, tenements and all other privileges, liberties and pertinents thereof and others specified therein to the effect the same, if need be, might of new have been erected in a free burgh royal by his majesty and an infeftment granted thereupon after the form and tenor of the infeftment above-specified, providing always that the said ratification was not hurtful or prejudicial to Robert Bruce of Blairhall and Walter Callander of Boildy, as in the said infeftment and ratification thereof respectively at more length is contained. Therefore, and for the well of the said burgh, privileges, liberties and freedoms thereof whatsoever thereto appertaining, our said sovereign lord and estates of this present parliament ratify and approve the said infeftment of erection of the said burgh of Culross, which sometime was a burgh of barony, in the said free burgh royal and all and sundry privileges, liberties and freedoms therein granted for the well of the said burgh and tending to the increase of policy and augmentation of his highness's patrimony and the said ratification thereof above-mentioned, decerniture, declaration and dissolution above-written contained therein, and new erection of the said burgh in a free burgh royal if any be granted or to be granted thereupon, and infeftment following or to follow upon the same after the form and tenor of the infeftment above-specified and upon the provision above-written in all and sundry the heads, points, clauses, articles and conditions thereof, and after the forms and tenors of the same in all points. And in like manner our said sovereign lord and estates foresaid of this present parliament ratify and approve the demission, resignation and relinquishment made, given and granted by the late Alexander [Colville], commendator of the abbey of Culross and convent of the same, of the date 2 [...] 1588, whereby the said commendator and convent, upon the good considerations therein contained, by themselves or their procurators therein contained, in their name, demitted, resigned and gave over the whole final teinds appertaining of before to the vicarage of the abbacy and benefice of Culross, such as teind lambs, teind wool, teind lint, teind leiks† and other small teinds and duties used to be paid of before, and that in favour of the late Master William Home, then schoolmaster of the grammar school within the said abbey of Culross, and his successors that should happen to occupy the said office for the time, and the gift, donation and disposition therein contained granted thereupon by his said late dearest father of worthy and eternal memory in favour of the said late Master William Home and his successive masters of the said grammar school, making continual residence within the foresaid abbey or burgh of Culross in time coming, of the said vicarage teinds, dated 1 April 1589, under the privy seal, and the other gift, donation and disposition therein contained made, given and granted by his highness's said late dearest father of worthy memory, under the privy seal, of the date 2 February 1603, whereby his said late highness, upon the good considerations therein contained, gave, granted and conveyed to Master John Fairfoul, then master of the said grammar school within the said abbey during his lifetime, and to his successive masters of the said grammar school, all and sundry the said vicarage teinds of the said parish kirk of Culross pertaining to the said abbey thereof, with all and sundry teinds, emoluments, rents and duties whatsoever pertaining and belonging thereto, such as teind lamb, teind wool, teind lint, teind leiks and other teinds and duties whatsoever used to be paid thereof of before, then vacant in his said late highness's hands by the decease of the late Master David Ewing, then last schoolmaster thereof, or by whatsoever other manner of way the same became vacant or fell in his said late highness's hands, in all and sundry the heads, points, clauses, articles, provisions, conditions and circumstances therein contained, and after the forms and tenors thereof in all points but contradiction. And also, our said sovereign lord and estates foresaid of this present parliament, considering the great hurt and prejudice heretofore sustained by his majesty's lieges who poind and apprise any goods or gear within the parish and lordship of Culross through their being forced according to the laws of this realm to carry and transport the same to the market cross of Perth, head burgh of the sheriffdom within the which the said lordship and parish lies, and so [...] miles distant between the said burgh of Perth and them, by the which poindings and apprisings of the goods and gear within the said parish and lordship at the said market cross of Perth, his majesty's lieges, users thereof, so far distant are put to exorbitant and extraordinary charges and expenses and the goods thereto carried and transported to be poinded are wrecked and made of no or little value, through which not only the persons, users of the said poindings, are heavily hurt through their travail and extraordinary charges, but also the persons from whom the said goods are poinded are heavily damnified in carrying and transporting of the said goods so far, destroying and abusing them in their travel and so thereupon apprising the same within the value. And therefore, our said sovereign lord and estates foresaid, for the well of his majesty's said lieges, considering the burgh of Culross to be a burgh royal and very near and commodious for poinding of any goods or gear which shall happen to be poinded within the said parish and lordship of Culross at the market cross of the said burgh of Culross in time coming, ordains that whatsoever goods or gear shall happen to be poinded within the said parish and lordship of Culross and bounds thereof in time coming, that the same shall be carried and transported to the market cross of Culross and poinded and apprised thereat, according to the order and laws of this realm, and in no way hereafter at the said market cross of Perth. Declaring, likewise by this act our said sovereign lord and estates foresaid declare, that the poinding of any goods or gear within the said parish and lordship of Culross at the said market cross of the said burgh of Culross shall be as valid, effectual and sufficient as if the same were made and done at the said market cross of Perth, head burgh of the sheriffdom wherein the said parish and lordship lies, notwithstanding the same be not so done; concerning which, our said sovereign lord and estates foresaid have dispensed and by this act dispense for ever, and that publication be raised hereupon and published and used at the said market cross of Perth and other places needful that his majesty's lieges pretend no ignorance hereof in time coming. Moreover, our said sovereign lord and estates foresaid of this present parliament, considering that the abbey kirk of Culross has been the kirk wherein the cure has been served by preaching of the word of God, celebrating the holy communion and exercising and using of other ecclesiastical discipline since the reformation, and that the kirk, called the parish kirk of Culross, is an old kirk wherein service is not, nor has not, been used since memory of man and is altogether ruinous, decayed and fallen down in diverse parts, so that the said abbey kirk of Culross is the most apt and fit kirk for serving of the cure thereat in time coming, and be reputed and held the ordinary parish kirk for that effect in all time hereafter, therefore our said sovereign lord and estates foresaid in this present parliament have erected and by this act erects the said kirk called the abbey kirk in a free parish kirk to the said burgh of Culross, parishioners and inhabitants within the said parish thereof, to be called in all time coming the parish kirk of Culross, so that the inhabitants within the bounds thereof shall in no way be astricted hereafter to the said old kirk, called the parish kirk of Culross, nor discipline thereof, and upheld the same to that effect, but shall only be subject to the discipline to be used at the said abbey kirk of Culross, now to be called the parish kirk thereof in all time coming, and wills and grants and for his highness and his successors decrees and ordains that the said abbey kirk, now to be called the said parish kirk of Culross, shall have, possess and enjoy the like privilege, immunity and liberty as the said old kirk, called the parish kirk, had at the foundation thereof or granted thereto in any time bygone, with the stipend due to the said old parish kirk to be paid to the minister present and to come serving the cure at the said new erected kirk and other freedoms, liberties, easements and privileges whatsoever, such as manse and glebe appertaining to the said old kirk, in time coming for now and ever, without contradiction or impediment.
[1633/6/102]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament ordain a ratification to be made therein to, and in favour of, his highness's beloved provost, bailies, council and community of the burgh of Haddington and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm, the infeftment and charter made and granted by his majesty's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, of eternal memory, with advice and consent of his highness's principal treasurer, treasurer depute and other lords of secret council, his highness's commissioners appointed for governing of his highness's rents and casualties of this realm for the time, to, and in favour of, the said provost, bailies, council and community of the said burgh of Haddington and their successors, whereby our said deceased late sovereign lord, his highness's dearest father of worthy memory, with advice and consent foresaid, for the causes therein contained, has not only ratified, approved and, for his highness and his successors, perpetually confirmed all and sundry all infeftments, erections, mortifications, charters, donations, titles, licences and privileges whatsoever made and granted by his majesty's said late dearest father and his most noble progenitors to the said burgh of Haddington, burgesses and inhabitants thereof and their predecessors and successors, with all lands as well property as commonty, kirklands, annualrents belonging to them, privileges and immunities contained therein and whole contents therein contained, and all privileges, immunities, fairs, markets and other liberties which they then, or of old, had and whereof they were in possession of whatsoever date or dates, tenor or contents the same be of which are held as for expressed in the said charter. But also our highness's said late dearest father of worthy memory, with advice and consent foresaid, had of new made, constituted, created, erected and incorporated all and whole the said burgh of Haddington, with all and sundry lands, houses, buildings, yards, acres, wastes and others lying within the burgh ruids and territory of the said burgh, with all and sundry other lands, muirs, lochs, meadows, acres and others pertaining to the said burgh, as well in property as commonty, in a whole and free burgh royal to be called in all time coming, as of before, the burgh of Haddington. And whereby his highness's said late dearest father of worthy memory, with consent foresaid, has given, granted, and for his highness and his successors perpetually confirmed to the said provost, bailies, council and community of the said burgh and their successors present and being for the time heritably all and whole the Muir of Gladsmuir, with the pertinents and common gate leading thereto, lying near the liberty and territory of the said burgh, within the sheriffdom of Edinburgh and constabulary of Haddington (excepting and reserving always to and in favour of Thomas [Hamilton], then earl of Melrose, now earl of Haddington, lord Byres and Binning, then president of the college of justice and secretary to his highness's said late dearest father, his male heirs and successors, these parts of the said Muir of Gladsmuir specially mentioned in the said charter pertaining to him heritably, and thereby excepted and reserved to him and his foresaids in manner therein contained). As also gave, granted and conveyed to the said provost, bailies, burgesses, council and community of the said burgh and their successors present and being for the time, all and whole these acres of land called Ranfeglenis Acres, and two acres of land called Hangman's Acres, and all and whole the two corn mills of the burgh of Haddington, with the multures and sequels thereof, mill haughs and mill lands of the same, and all and whole the port of Aberlady lying in the bosom of Peffer Water and common gate leading to the said port, together with the house of the said burgh situated by the said port and shore thereof, commonly called the town of Haddington's house, with the anchorage monies and other privileges, customs, profits and duties of a free port, with the market weekly upon Saturday and two public free yearly fairs, the one thereof to be held yearly in the feast of St Peter [29 June] next and immediately following the feast of St John the Baptist [24 June], called Midsummer, and thereafter continuing by the space of eight days, and the other of the said three fairs to be held yearly within the said burgh and all other places thereabouts used and wont, beginning yearly 29 September and thereafter to continue and endure for the space of another eight days, to be called Michaelmas Fair in all time coming, with all tolls, customs and other privileges, liberties and immunities of old belonging to the said burgh of Haddington, together with all and sundry lands, annualrents and possessions whatsoever pertaining to the said burgh of before, and with the office of sheriffship within the said burgh, liberty and territory thereof, which burgh of Haddington and the said tenements, acres, annualrents, free port, anchorage, tron house, office of sheriffship and others above-written pertained of before to the said burgh of Haddington, and which Muir of Gladsmuir pertained of before to the said burgh of Haddington, and to the said Thomas, now earl of Haddington, and were lawfully resigned by them and their procurators in their names in the hands of his highness's said late dearest father and his commissioners in his majesty's name, in favour and for the said infeftment thereof to be made and given by his highness's said late dearest father to the said provost, bailies, burgesses, council and community of the said burgh of Haddington and their successors, in manner therein contained. And whereby his highness's said late dearest father of worthy memory, for the causes therein contained, of new gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Haddington, and their successors present and to come, all and whole the said burgh of Haddington, and all and whole the said Muir of Gladsmuir, with the pertinents lying as said is (excepting and reserving to the said Thomas, earl of Haddington and his foresaids the parts and portions of the said muir therein excepted and reserved as said is), and also all and whole the said acres called Ranfeglenis Acres, the said two acres called Hangman's Acres, and all and whole the said two corn mills of the said town of Haddington, with the multures and sequels thereof, mill haughs and mill lands of the same, and of all and whole the said port of Aberlady in the said bosom of the said water of Peffer and common way leading thereto, together with the said burgh house, called the town house, situated beside the said port and shore of the town of Aberlady, commonly called the house of the burgh of Haddington, with the anchorage monies and other privileges, customs, profits and duties of a free port, together also with all and sundry other privileges, annualrents and possessions whatsoever pertaining and belonging to the said burgh in any time bygone, and making, constituting and ordaining the said provost and bailies of the said burgh of Haddington and their successors sheriffs of Haddington within the burgh, liberty and territory thereof, with ample powers and privileges to the said provost, bailies, council and community of the said burgh and their successors regarding the said burgh and others above-written in manner contained in the said charter, to be held of his highness's said late dearest father and his successors in free burgage, fee and heritage for ever, as the said charter under the great seal of the date 30 January 1624 at more length purports, with the precept of sasine following thereupon, under the testimony of the said great seal of the same date, and instrument of sasine following thereupon of the date [...] day of [...] 162[...], in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the form and tenor thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present general ratification of the said infeftment, charter, precept and sasine above-written is, and shall be, of as good force, strength and effect to the said provost, bailies, council and community of the said burgh of Haddington and their successors for possessing and enjoying of the said burgh lands, muir, acres, mills, mill lands, mill haughs, office of sheriffship, port, harbour, anchorage, money, townhouse, gates, passages and all other privileges, liberties, immunities, customs, commodities, casualties and others foresaid pertaining and belonging to the said burgh, with all other lands and annualrents pertaining and belonging to the said burgh and whole privileges and liberties thereof specially and generally contained in the said infeftment, and others whatsoever pertaining and belonging to a free burgh royal, as if the said charter, precept and sasine were all at length word for word engrossed, inserted and contained in the said ratification; concerning which, and with all other defects and imperfections which may be proposed against the said charter, precept and sasine or any of them or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever. And because by the said infeftment there is only power and privilege given and granted to the provost, bailies, council and community of the said burgh of Haddington and their successors to have and to have had therein a market day weekly upon Saturday, which weekly market is not able to furnish the said burgh and his highness's lieges resorting thereto in fresh meat and other necessary commodities from the one market day to the other, being eight days between, specially in the summer season, the said burgh of Haddington, being a burgh that lies in the highway between London and Edinburgh, in which has countrymen and strangers going and coming continually now repairs, therefore, and for the better furnishing of the said burgh and enabling of them to serve his majesty and lieges dwelling therein and resorting thereto at all times, our said sovereign lord and estates of parliament give and grant power and liberty to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh of Haddington and their successors to have and to have had another market weekly in the said burgh on Wednesday in all time coming, in addition to the said market which they have weekly on Saturday, and that also as freely and in the same manner as the said market is held weekly within the said burgh on Saturday, and to receive and collect the tolls, customs and other duties and commodities of the said Wednesday market and to use all the privileges of the said Wednesday market likewise and as freely as they do on the said Saturday market; concerning which, this act shall be a sufficient warrant to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh and their successors and all other persons resorting and frequenting to the said burgh and markets thereof in all time coming, and ordains publication to be granted hereupon to that effect in due form as appropriate.
[1633/6/103]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament ordain a ratification to be made therein to and in favour of the provost, bailies, council and community of the burgh of Burntisland and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming the infeftment and charter made, given and granted by our said sovereign lord, for himself and as now lord of the lordship of Dunfermline, and having undoubted right to the whole lands and rents belonging thereto, with advice and consent of his highness's principal treasurer, treasurer depute and other lords and others of his highness's exchequer of Scotland, his majesty's commissioners, to and in favour of the said provost, bailies, council and community of the said burgh of Burntisland and their successors, whereby our said sovereign lord, with advice and consent foresaid, for the causes contained therein, has not only ratified, approved and confirmed all and sundry infeftments, erections, gifts, acts of parliament, rights, titles and securities whatsoever with all and sundry privileges, liberties, easements, commodities and immunities whatsoever therein contained made and granted by his highness's late dearest father James, king of Great Britain, France and Ireland, defender of the faith, of worthy memory, the late Mary, queen of Scots, his grandmother, and the late King James V, his great-grandfather, or any of them, their regents or governors for the time, or by any other of his highness's predecessors, or by any of the abbots of Dunfermline for the time, to and in favour of the said burgh of Burntisland, provost, bailies, council and community thereof, to remain with them and their successors perpetually in all time coming, but also our said sovereign lord, for himself and as now lord of the said lordship of Dunfermline, of his highness's kingly power and authority regal, with advice and consent foresaid, has of new given, granted and conveyed to the said provost, bailies, council and community of the said burgh of Burntisland and their successors heritably all and whole his highness's said burgh of Burntisland, whole lands, tenements, burgh ruids and commonties thereof and all their pertinents lying within the sheriffdom of Fife, bound and limited in manner specially and particularly specified and set down in the said charter, together with the port and harbour of the said burgh of Burntisland, called the Port of Grace, with the indraught thereof and primegilt of all ships coming to the said port and liberty of the said burgh to be taken up and collected by the provost and bailies of the said burgh in all time coming, together with the [...] tolls, customs, fees, bolls and others whatsoever pertaining to a free burgh royal and all their pertinents; as also of new erecting the said burgh of Burntisland, with the port and harbour thereof foresaid, and all and sundry the commodities and pertinents thereof in a free burgh royal, and making and constituting the said provost and bailies of the said burgh of Burntisland and their successive provost and bailies thereof, water bailies within all the bounds, limits, liberty and jurisdiction of the said burgh for administration of justice in all and whatsoever causes and actions which in time coming, either by sea or land, shall occur within the bounds and limits foresaid, concerning as well the inhabitants of the said burgh as strangers, with ample power and privilege of buying and selling of all sort of merchandise, staple goods, fairs, markets and other liberties and privileges at length specified and set down in the said charter, to be held by the said provost, bailies, council and community of the said burgh of Burntisland and their successors, of our said sovereign lord and his highness's successive kings of Scotland, in free burgage and free burgh royal for ever, as the said charter of the date 19 February 1632 at more length purports, with the precept of sasine following thereupon under the testimony of his highness's great seal of the same date, and the instrument of sasine following thereupon of the date 27 July 1632, under the sign and subscription of Master Andrew Wilson, notary public, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, perpetually decree and ordain that this present ratification of the said infeftment, charter, precept and sasine following thereupon is and shall be as effectual and sufficient and of as great strength, force and effect to the said provost, bailies, council and community of the said burgh of Burntisland and their successors for possessing of the said burgh lands, tenements, burgh ruids, commonties, tolls, customs, fees, bolls, port, harbour, office of water bailiary, markets, fairs and whole other privileges and liberties therein contained and pertaining to a free burgh royal, as if the said charter, precept and sasine were all at length word for word engrossed, inserted and contained in the said ratification, notwithstanding the same shall not be so done; concerning which, and with all other defects and imperfections of the said ratification, our said sovereign lord and estates of parliament shall dispense and, by this ratification, dispense for ever, and that the said ratification be further extended in the best form with all clauses necessary.
[1633/6/104]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment, ratification and new erection therein contained granted by our sovereign lord's late dearest father, King James VI, of happy and blessed memory, under his highness's great seal, to the provost, bailies, council, community, burgesses and inhabitants of the burgh of Banff and their successors, of the said burgh of Banff, with all and sundry houses, tenements, buildings, yards, acres, wastes, tofts, crofts and others lying within the burgh ruids and territory of the same, with the fishings, weekly markets, free fairs, tolls, customs, privileges, liberties, immunities, casualties and other immunities specially and particularly at length mentioned, inserted and contained in the said charter and infeftment, as the same of the date at Edinburgh, 5 July 1592, together with the precept of sasine directed forth of his highness's chancellery under his highness's quarter seal of the date of the said charter, with the instrument of sasine following thereupon of the date 23 December 1592, in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained and after the forms and tenors thereof in all points. Likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants and, for his highness and his successors, perpetually decrees and ordains that this present ratification is and shall be as valid, sufficient and effectual to the said provost, bailies, council, community, burgesses and inhabitants of the said burgh of Banff and their successors as if the said charter and infeftment, ratification and new erection therein contained, with the whole privileges, liberties and immunities therein mentioned, with the said precept and instrument of sasine following thereupon, were all herein at length word for word specially and particularly engrossed and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this act dispenses for ever.
[1633/6/105]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified, approved and confirmed and, by the tenor hereof, ratify, approve and confirm the charter and infeftment of erection of the town and lands of Pittenweem, with the pertinents, lying within the sheriffdom of Fife, in a free burgh regal granted by his majesty's late dearest great-grandfather, King James V, of happy and blessed memory, to the late John, prior of Pittenweem and convent thereof, under the great seal, of the date at St Andrews, 24 February 1[540], and of his highness's reign the 28th year, together with the two charters and infeftments granted by the said late John, prior of Pittenweem and convent of the said priory, to the provost, bailies, council, community, burgesses and inhabitants of the said burgh of Pittenweem, of all and whole the said burgh of Pittenweem as the same was then built, or to have been built, and was created to the said prior and convent in the said burgh regal as said is, and of the roadstead, port, shelter and harbour thereof, and all and sundry muirs, mosses, waste ground, common ways, lones and other commonties, liberties, immunities, customs, anchorages, privileges and commodities pertaining and belonging thereto at length expressed and set down in the said charters, which are of the date 12 February 1547, with the precepts and instruments of sasine respectively following thereupon, together also with the charter and infeftment granted by his majesty's late dearest father, King James VI, of happy memory, to the bailies, council, burgesses and community of the said burgh of Pittenweem and their successors, of all and whole that great house or lodging of the monastery of Pittenweem lying within the burgh thereof foresaid, at length designed in the said charter, which is of the date 25 July 1593, with the precept and instrument of sasine following thereupon, in all and sundry heads, points, articles, clauses, circumstances and conditions of the said charters, infeftments, precepts and instruments of sasine respectively; and will, grant and declare that this present general ratification and approbation thereof is, and shall be, as valid, effectual and sufficient to the said provost, bailies, council, community, burgesses and inhabitants of the said burgh of Pittenweem and their successors as if the same charters, infeftments, precepts and instruments of sasine respectively, and every one thereof, were at length word by word engrossed and set down therein, regarding the which and all faults and imperfections thereof, or that may be proposed or alleged in the contrary, or of this present general ratification and approbation of the same, his majesty and estates foresaid have dispensed and, by this ratification, dispense for ever. Moreover, forasmuch as the priory of Pittenweem was erected by his majesty's said late dearest father to the late Frederick Stewart, lord Pittenweem, in a temporal lordship called the lordship of Pittenweem, which thereafter was conveyed by the said late Frederick to Thomas [Erskine], earl of Kellie, who was infeft therein, held of our said sovereign lord, which Thomas, earl of Kellie since, according to the general submission regarding the superiorities of erection, with consent of the late Alexander [Erskine], lord Fentoun, his son, at the least they both resigned and surrendered the superiority of the said erected lordship of Pittenweem in the hands of our said sovereign lord, to remain perpetually, so that his highness is now become in place of the old priors and of the late lords of erection of Pittenweem, and thereby has good and undoubted right to the superiority thereof. And now his majesty and estates foresaid, considering that the said burgh of Pittenweem bears burden with the burghs royal of this his majesty's kingdom of Scotland, and that it is most fit and expedient that the same be also erected in a burgh royal in respect the same is very populous, and has a good and safe harbour already built upon the charges and expenses of the inhabitants of the said burgh, therefore our said sovereign lord and estates of this present parliament have erected, constituted, created and ordained and, by the tenor hereof, erect, constitute, create and ordain the said burgh of Pittenweem comprehending the whole houses, tenements, lands and commonties lying between the burgh of Anstruther Wester on the east, the lands of St Monance and Abercrombie on the west, and the lands of Balcaskie and Grangemuir on the north (excepting always the commonties on the east of the march stones pertaining to Anstruther Wester and mill town), in a whole and free burgh royal, to be called now and in all time coming hereafter the burgh of Pittenweem; and declare, statute and ordain the said burgh of Pittenweem, comprehending the houses, tenements, lands and commonties foresaid, now to hold immediately of our said sovereign lord and his highness's successors likewise and as freely in all respects as any other burgh royal within this kingdom are held, and to have vote in parliament, conventions of estates and general councils and commissions of burghs and in all other lawful meetings and assemblies where burghs royal of this kingdom have place of sitting and voting; and, if need be, ordain a charter and infeftment to be completed thereupon under his highness's great seal in such due, large and ample form and manner as is requisite and as has been in use to be granted to any other burgh royal within this realm containing all privileges, freedoms, liberties and immunities due thereto. In the parliament held at Edinburgh, 28 June 1633, compeared by their procurators Thomas, earl of Kellie and Thomas [Erskine], now lord Fentoun, and protested that neither the signature and right granted or to be granted by our sovereign lord in favour of the town of Pittenweem for erecting of the same in a free burgh nor the ratification passed or to be passed by his majesty at this present parliament in favour of Sir William Anstruther of that Ilk, knight, of and concerning the Mill of Pittenweem, shall in no way be hurtful and prejudicial to them or any of them regarding the rights and securities made and granted by his majesty and his predecessors of before in favour of the said Thomas, earl of Kellie and the said Thomas, now lord Fentoun, of the lands and lordship of Pittenweem and Anstruther Wester. Which protestation our said sovereign lord and estates of this present parliament have admitted and by this act admit.
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Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to, and in favour of, his highness's beloved bailies, council and community of the burgh of Selkirk and their successors, ratifying, approving and for his highness and his successors perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament by this act ratifies, approves and, for his highness and his successors, perpetually confirms the particular and separate charters underwritten, namely: one thereof made, given and granted by the late King James V of worthy memory to the burgesses and community of the said burgh of Selkirk, under the great seal, of the date at St Andrews, 4 March 1535, whereby the said late King James V, for the reasonable causes therein contained, of new infeft, gave, granted and for ever confirmed to the said burgesses and community of the said burgh of Selkirk the same burgh of Selkirk in a free burgh as the same was of before in manner mentioned in the said charter in all time coming, with all and sundry common lands and possessions whatsoever pertaining to the said burgh with ample liberties and privileges contained therein, to be used and possessed by the said burgesses and community of the said burgh as freely and in the same manner as any other burgh within the kingdom of Scotland exercises and possesses the liberties thereof, to be held of the said late King James V and his successors in free heritage and free burgage for payment of the burgh mails and duties used and wont to be paid out thereof of before; another of the said charters, likewise made, given and granted by the said late King James V of worthy memory to the said burgesses and community of the said burgh of Selkirk, under the great seal, of the date at Edinburgh, 8 April 1538, ratifying and approving therein the said former charter specially above-mentioned, and also thereby the said late King James V has of new infeft, given and conveyed to the said burgesses and community of the said burgh of Selkirk the same burgh of Selkirk in a free burgh as of before for ever, with all and sundry common lands, privileges and possessions whatsoever belonging thereto, and at length specified in the said former charter above-written; and another charter also made, given and granted by the said late King James V of worthy memory to the said bailies and community of the said burgh of Selkirk and their successors, under his highness's great seal, of the date at St Andrews, 2 October 1540, whereby the said late King James V gave, granted and committed to the said bailies and community of the said burgh present and to come and their successors certain liberties, licences and privileges mentioned in the said charter, as the said three separate charters of the dates respectively foresaid in themselves more amply purport, with all and sundry precepts of sasine and instrument of sasine following upon the said charters or any of them of whatsoever date, tenor or contents the same be of, and all and whatsoever other charters, infeftments, precepts, sasines, confirmations, acts, sentences, decreets, exchequer rolls, rights, titles and securities, letters, writs, evidents, donations, gifts, liberties, commodities, immunities and privileges therein contained made, granted or confirmed by his highness's late dearest father of worthy memory or any other of his majesty's most noble progenitors, kings or queens of Scotland, their regents or governors for the time, to the said burgh of Selkirk, bailies, burgesses and inhabitants of the same, their predecessors or successors, of, upon and concerning the said burgh of Selkirk, lands, rents, possessions, mills, multures, commonties, markets, fairs, customs, office of sheriffship, privileges and liberties whatsoever pertaining and belonging thereto, or of any of them or any part thereof of whatsoever form or forms, content or contents, date or dates the same be of, in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that the generality of the said ratification is, nor shall be, in no way hurtful nor prejudicial to the speciality thereof above-specified, nor by the contrary the said speciality in no way to be prejudicial to the generality foresaid; as also will, grant, decree and ordain that this present ratification is and shall be of as great force, strength and effect to the said bailies, council, burgesses, and community of the said burgh of Selkirk and their successors for possessing and enjoying of the said burgh of Selkirk and all and sundry the lands, possessions, mills, multures, markets, fairs, tolls, customs and all other liberties, privileges, immunities and others belonging thereto, as if the said whole infeftments and other rights specially and generally above-written made to them and their predecessors thereupon were at length word for word specially and particularly herein inserted and contained, notwithstanding that the same be not so done; concerning which, our said sovereign lord and estates of parliament have dispensed and, by this act, for his highness and his successors, dispense for ever, and that the said ratification be further extended in due form with all clauses necessary with special provision always. Likewise it is hereby specially provided that this present ratification nor no head nor condition hereof shall in no way be hurtful nor prejudicial to [Robert Ker], earl of Roxburghe and his tenants, nor to the heritors and possessors of any part of the lands belonging to the sometime abbacy of Kelso, as also Andrew Riddell of Haining regarding their right and possession of any part of the common called the common of Selkirk, but that the said rights and possession shall be specially reserved according to the law. And likewise that the same shall in no way be hurtful or prejudicial to William [Douglas], marquis of Douglas, nor to Sir [James] Murray of Philiphaugh, knight, their tenants, heritors and possessors of any part of the lands called the common of Selkirk, but that the said rights and possession shall be reserved to them as of before notwithstanding of the said ratification.
[1633/6/107]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having consideration of the true and thankful service done to his majesty and his most noble progenitors of most blessed memory by the burgh and town of Ayr, ordain an act to be made ratifying and approving and, for his highness and his successors, perpetually confirming that charter and infeftment of the date at Whitehall, 15 March 1621, given and granted by his majesty's late dearest father, King James VI, of blessed memory, in favour of the provost, bailies, councillors and community of the burgh of Ayr and their successors, confirming to them their first original charter granted to them by his highness's most noble predecessors the late William, king of Scots, of most blessed memory, of the town and burgh of Ayr, whole privileges and immunities therein contained, as likewise that charter and infeftment granted to them by the late Robert [III], king of Scots, whereby he has conveyed to the burgesses and inhabitants of the said burgh of Ayr and their successors the same burgh of Ayr, with all and sundry lands pertaining thereto, and with the port or harbour thereof and fishings of the same, customs, mills, multures, free fairs, market days and others therein contained, of the date 12 September 1400, together with all and sundry other infeftments, charters, donations and dispositions whatsoever made and granted by his majesty's said late dearest father, or any of his most noble progenitors, to the said burgh of Ayr of all and whatsoever lands, baronies, mills, multures, free port customs, fishings, offices, free fairs, market days, liberties and privileges whatsoever contained therein, bearing likewise a dispensation touching the generality and determining the same to be as valid as if every particular charter and writ had been at length word for word inserted therein; and containing likewise therein a new gift by his majesty's said late father in favour of the said town of Ayr of the same burgh, with all and sundry lands, baronies, mills, multures, customs, fishings, annualrents and other rights, privileges and pertinents whatsoever pertaining thereto and specified in their whole former infeftments and writs, and making them and their successors heritable sheriffs and justiciaries of peace within the said burgh and whole bounds and marches thereof for ever in all time thereafter, conveying to them the whole liberties and privileges belonging to the said offices, as in the said charter under the great seal containing diverse other heads and conditions at more length is contained, together with all and sundry other charters, infeftments, gifts, dispositions and others whatsoever made and granted by our said sovereign lord or by his highness's said late dearest father or any other of his majesty's most noble progenitors, kings and queens of Scotland, to and in favour of the said burgh and inhabitants thereof of the same or of whatsoever lands, baronies, mills, multures, free ports or harbours, customs, fishings, annualrents, offices of sheriffship and justiciary, other offices whatsoever, free fairs, market days, liberties, privileges, escheats, amercements and others whatsoever pertaining and belonging thereto, or whereof they or their predecessors have been or may be in possession or in any way set down and contained in their or any of their infeftments of the said burgh of whatsoever dates, tenor or contents the same be of, in all and sundry heads, clauses, articles, obligations, points, passes, circumstances, articles and conditions of the same whatsoever specified and contained therein, dispensing with the generality above-written, and admitting, determining and declaring the same to be as valid and sufficient and of as great force and strength in all respects as if every particular charter and infeftment or other writ were specially at length word for word inserted herein. Likewise our said sovereign lord and estates foresaid of this present parliament will, grant, declare, statute and ordain that the said provost, bailies, council and community of the said burgh of Ayr and their successors shall peaceably hold, enjoy and possess the foresaid burgh, with all and sundry lands, baronies, mills, multures, free ports or harbours, customs, tolls and others particularly and generally above-mentioned, pertaining or that in any way may be known to pertain and belong thereto at their pleasure as their heritage as freely in all respects as any other burgh within this realm, after the form and tenor of the infeftments particularly and generally above-written, granted to them and their predecessors relating thereto perpetually in all time coming, without any stop, trouble or impediment whatsoever to be made or moved in the contrary by any person or persons whatsoever, notwithstanding of any defect and infirmity if any be contained in the said infeftments and donations or either of them; concerning which, our said sovereign lord, for his highness and his successors, with advice and consent of the said estates of parliament, has dispensed and dispenses, ordaining the foresaid act to be a sufficient supplement of all faults and defects if any be contained in the said infeftments and against all action and questions whatsoever that can be made or moved in the contrary. And our said sovereign lord, with advice and consent of the said estates, decrees and ordains this present act to be inserted and registered in the books of parliament, and to have the strength, force and effect of a law and statute of parliament with all execution to follow thereupon in the appropriate form, and letters of horning if need be are to be directed upon a simple charge of 10 days only.
[1633/6/108]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by the tenor hereof, ratifies and approves the charter made and granted by his majesty's late dearest father of worthy memory, under his highness's great seal, of the date at Holyroodhouse, 1 January 1591, containing a ratification of all and sundry charters, infeftments and confirmations, rights, titles, securities, letters, writs and evidents, donations, concessions, liberties, immunities and privileges therein contained, made, given and granted by his majesty's said late dearest father and his highness's most noble progenitors, kings and queens of Scotland, to the burgh of Inverness, provosts, aldermen, bailies, council and community thereof and their successors particularly and generally mentioned in the said charter, and by the which charter his majesty's said late dearest father of new set in feu ferm to the said provost, bailies, council, burgesses, and community of the said burgh of Inverness and their successors for ever, all and whole the foresaid burgh of Inverness, lands, territories and commonties thereof; and all and sundry the lands, tenements, houses, buildings, kirks, chapels, chaplainries, orchards, yards, acres, tofts, crofts, mills, mill lands, fishings as well of salmon as other fishes, as well in the salt as in the fresh waters, annualrents, fruits, rents, places, mansions, manors, woods, duties, profits, emoluments, kirkyards, ferms, alms, obituaries, anniversaries, commonties, liberties, immunities and others whatsoever, as well ecclesiastic as secular, as well contained and mentioned in the said former charters, infeftments, confirmations, rights, titles, securities, letters, writs, evidents, donations and concessions respectively as lying in the said burgh of Inverness, or in the territories, parish, commonty and liberty thereof, with all and sundry their tenants, tenancies, service of free tenants, fruits, commodities, annexes, connexes, parts, pendicles, privileges and pertinents whatsoever; as also all and sundry the lands of Drakies and forests thereof, the lands of Merkinch with the common pasturage pertaining thereto, called of old Burghaugh, lying between the mount and the water, with the wood park between the height of the said mount and the said haugh, together with all the lands of the said burgh of Inverness called the Barnhills, Claypots and Millfield, and common lands called the Carse, the lands called the Cairnlaws bounded and marched in manner specified in the said charter; as also all and whole the common muir of the said burgh and all and whole the water of Ness, and whole parts on both the sides thereof, between the stone called Clachnaharry and the sea, with all fishings, as well of salmon as white fishes, ports, harbours and cruikes†, privileges, profits and commodities of the said water and of, in and upon the same water on both the sides thereof from the said stone to the sea wherein the said water runs at the fishing called the Stell, and with the fishing of the pool called the Redpool on the west part of the ferry of Kessock, and with all and sundry fishings, as well of salmon as white fishes, and all the ports, harbours, shelters and cruikes, privileges and commodities of the mouth of the said water of Ness, and of, in and upon the said mouth on both the parts and sides thereof, with certain privileges and liberties mentioned in the said charter; and all and whole the ferry of Kessock and landing places thereof, on both the parts and sides of the said ferry and of the said water of Ness and privileges thereof mentioned in the said charter; and likewise all and sundry the mills of the said burgh called the King's Mills, mill lands, sequels and sucken thereof, with the astricted and dry multures of the castle lands and other lands which pertained of old to the said mills, being of old upon the said water of Ness, on the south part of the castle called Canakhilmilne mentioned in the said charter, and the thirlage therein contained. And whereby likewise his majesty gave and granted to the said provost, bailies, council, community and burgesses of the said burgh of Inverness and their successors that they shall be within themselves crownars and shall have within the said burgh the liberty and jurisdiction in all justice ayres and justice courts and other courts whatsoever of crownars to be elected of their fellow burgesses, inhabitants of the same burgh, by the provost, bailies and council thereof and their successors at their pleasure yearly and for so long time as they shall think expedient; and likewise that they shall have within themselves a sheriff of their fellow burgesses, inhabitants of the same burgh, to be elected and chosen by the provost, bailies and council thereof and their successors at their pleasure yearly and for so long time as they shall think expedient, which crownars and sheriffs and their successors, who for the time shall be crownars and sheriffs of the said burgh of Inverness, by the said charter, his majesty's said late dearest father gave full power to have his highness's and his successors' full liberty, power and authority to administrate, rule, exercise and govern offices of crownary and sheriffship within the said burgh of Inverness and liberty thereof, and within the lands, places, waters and others belonging to the said burgh by any manner of way; which charter contains likewise diverse and sundry other heads, donations, concessions, gifts, privileges and immunities at length specified therein in all and sundry heads, points, articles, clauses and conditions thereof whatsoever, after the form and tenor of the same, and declares, statutes and ordains this present confirmation of the charter above-written is and shall be as valid, effectual and sufficient in all respects as if the same charter had been at length and word by word inserted herein, dispensing hereby with the not inserting thereof. Likewise his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the foresaid charter granted by his majesty's said late dearest father with this present ratification thereof are and shall be sufficient, lawful and valid rights and securities to the said provost, bailies, council, burgesses, community and inhabitants of the said burgh and their successors for possessing and enjoying perpetually in all time coming of the whole lands, tenements, fishings, ports, harbours and others privileges and pertinents particularly and generally mentioned and expressed in the said charter, which are and shall be held as particularly repeated and inserted herein, dispensing hereby with the not repeating and inserting thereof in this present ratification. It is always provided that this present ratification shall in no way be prejudicial to Alexander Baillie of Dunain, his heirs and assignees regarding their infeftments and rights of the mosses and muirs pertaining to his part of the castle lands of Inverness, and namely his part of the mosses and muir of Cappulleach which are declared by this present act to be reserved to the said Alexander Baillie and his foresaids in their own full strength, force and integrity as they were held and possessed by him, his authors and predecessors of before. And ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act hereupon in due form, with provision likewise that the same ratification shall in no way be prejudicial to [James Stewart], earl of Moray, nor to [George Gordon], lord Gordon, their rights and infeftments granted to them and their predecessors, but that the same shall remain to them unhurt or prejudiced by this present ratification passed in favour of the said burgh of Inverness.
[1633/6/109]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the charter made and granted by his majesty under his highness's great seal of the date 6 February 1630, to and in favour of the bailies, councillors and community of the burgh of Crail and their successive bailies, councillors and community of the said burgh, containing a ratification of a charter granted by his majesty's late dearest father in favour of the bailies and councillors of the said burgh of Crail therein nominated, for themselves and in name of the other councillors, inhabitants and community of the said burgh, of the college kirk and place called the Provostry of Crail, with the advocation, donation and right of patronage of the said college kirk, provostry and prebendaries thereof, with all and sundry chaplains, choristers and prebendaries of the foresaid college kirk and others therein mentioned, of the date at Holyroodhouse, 10 May 1587, together with the letters of ratification and resignation made by John [Lindsay], lord Lindsay, with consent of his curators, of the dates 5, 9, 20 and 25 January and February 1630, containing a ratification of the foresaid charter granted by his majesty's said late dearest father to the said bailies and councillors of the said burgh of Crail of the foresaid college kirk, provostry and prebendaries thereof and others therein mentioned and of certain other rights and titles made in their favour relating thereto mentioned in the said ratification, and also constituting certain of his procurators to resign the foresaid provostry of the said college kirk, advocation, donation and right of patronage of the foresaid provostry and prebendaries thereof, orchards, yards, manses, glebes, houses and buildings of the same with all teinds, fruits, rents, emoluments and duties of the same pertaining and belonging thereto, and of all other rights and infeftments of the same made to the said John, lord Lindsay and his predecessors and authors; and which charter granted by his majesty likewise contains a disposition made by his majesty to the said bailies, councillors and community of the said burgh and their successive bailies, councillors and community thereof, of all and whole the foresaid college kirk and place called the college of Crail, provostry thereof, with the foresaid advocation, donation and right of patronage of the said college kirk, provostry and prebendaries thereof, with all and sundry chaplains, choristers and prebendaries of the said college kirk, yards, orchards, houses and buildings thereof and situated within the same, with all and sundry teinds, fruits, rents, emoluments, profits, duties and annualrents, as well within as outwith the said burgh, pertaining and belonging to the said college kirk, chaplainries, choristers, and prebendaries thereof, and with all and sundry casualties, duties, privileges and pertinents of the same, whatsoever known, or that shall happen to be known, to pertain and belong to the said college kirk and provostry thereof with their pertinents foresaid, to be held of his majesty and his successors in free burgage with the precepts and instruments of sasine following upon the said two charters, and also the letters of ratification and procuratory of resignation therein contained made by Master Patrick Myretoun, provost of the said college kirk of Crail, with consent of the prebendaries of the said college kirk, of the date 31 and 14 January and March 1632, whereby the said provost ratified the foresaid charter granted by his majesty's said late dearest father; and likewise the foresaid charter granted by our said sovereign lord himself and the infeftments granted to the said John, lord Lindsay, his predecessors and authors therein mentioned, of the advocation, donation and right of patronage of the said provostry and prebendaries thereof, and whereby the said provost, with consent foresaid, constituted procurators for resigning of the said college kirk and place called the college of Crail and provostry thereof, with the patronage of the same and others above-specified, in the hands of his majesty or his commissioners, in favour and for new infeftment of the same to be made and granted by his majesty to the said bailies, councillors and community of the said burgh of Crail and their successors foresaid, and likewise the instrument of resignation following upon the said procuratory of the date 24 March 1632, in all and sundry points, heads, articles and clauses therein contained, after the forms and tenors thereof. And declares, statutes and ordains this present ratification of the foresaid two charters, precepts and instruments of sasine following thereupon, and of the foresaid letters of ratification and procuratory of resignation made by the said provost, with consent foresaid, and of the said instrument of resignation following thereupon is, and shall be, as valid, sufficient and lawful in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof. And also finds, declares, statutes and ordains that the rights and securities above-specified, with this present ratification thereof, are, and shall be, sufficient, valid and lawful rights and securities to the said bailies, councillors and community of the said burgh of Crail and their successors foresaid for the peaceable possessing and enjoying in all time coming of the foresaid college kirk and place called the college of Crail, provostry thereof and the foresaid patronage of the said college kirk, provostry and prebendaries of the same and others above-specified, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes to extend an act of parliament hereupon in due form; with provision and under protestation that this present ratification nor no part of the same shall be hurtful or prejudicial to Alexander Cunningham, elder, of Barns, and John Cunningham, fiar thereof, of the tacks, dispositions and other rights granted to them by the said Lord Lindsay and Master Patrick Morton, or by any other persons whatsoever, of the vicarage and third fishes of the said burgh and parish of Crail, but that the same shall remain with the said Alexander Cunningham and John Cunningham unhurt or prejudiced by the said ratification granted in favour of the said burgh of Crail; and likewise that the same ratification shall be without prejudice to Sir James Learmonth of Balcomie, knight, his rights and infeftments which he has of the lands and others contained in the said ratification, but that the same shall remain with him as of before, notwithstanding of the said ratification.
[1633/6/110]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and confirms the charter made and granted by his majesty's late dearest father of worthy memory, under his highness's great seal, of the date at Edinburgh, 12 December 1611, containing a confirmation of all charters, infeftments, sasines, confirmations, erections, donations, titles, licences and privileges whatsoever made and granted by his majesty's said late dearest father or by the late King Alexander, or by the late King David, or by the late King James V, or by any other of his majesty's progenitors to the burgh of Kinghorn, burgesses and inhabitants of the said burgh and their predecessors and their successors of the same burgh, and of all lands, shelters, harbours, mills, lochs, watercourses, annualrents and others belonging to the said burgh or possessed by them, their tenants and vassals in their name, at any time preceding the date foresaid of the said charter, with all privileges and immunities therein contained and whole contents thereof, and containing a new erection and incorporation of the said town and burgh of Kinghorn with all and sundry houses, buildings, lands, tenements, yards, acres, wastes, tofts, crofts, ruids, mills and others lying within the burgh ruids and territory thereof and others therein mentioned, in a free burgh royal called the burgh of Kinghorn. And likewise containing a new gift, assignation and disposition and incorporation to the said burgh, provost, bailies, council and free burgesses thereof and their successors of all and sundry houses, buildings, tenements, yards, acres, ruids, wastes, tofts, crofts and others lying within the said burgh ruids and territory thereof, together with the mill lying within the said burgh, called the Nether Mill, mill lands, multures and sucken thereof, with the Loch of Kinghorn and water going thereof from the said loch to the said Nether Mill of Kinghorn, as also all and sundry the lands called the Gallowhill, with the loning and passage leading from the said burgh to the said Loch of Kinghorn and from the said loch to the said Gallowhill, with the pertinents, the lands and mire called Kethy Mire, with the pertinents, the lands called Roddenbraes, with the pertinents, the lands called Kirksteads, with the pertinents, the lands called the common of Kinghorn, with the pertinents, the lands called the Easter and Wester Mires, with the pertinents, the lands and mire called the Bow Butts, with the pertinents, the lands and mire called the Mylnemire, and with all and sundry other lands, infield and outfield, far and near, parts, pendicles and pertinents thereof, with the haven and harbour of the said burgh of Kinghorn and cocket thereof, and the haven and harbour called Pretty Cur beside the said burgh, with all and sundry customs, harbouring silver, anchorages and other duties and casualties whatsoever pertaining and belonging thereto, and the two yearly free fairs mentioned in the said charter and sundry other privileges and liberties therein specified, to be held of his majesty and his successors in feu ferm, free burgage and free ports and harbours for ever for payment of the duties therein mentioned, with the precept of sasine following upon the said charter and instrument of sasine given by virtue of the said precept in all points, articles and clauses therein contained, after the form and tenor thereof. And declares, statutes and ordains this present ratification of the said charter, precept and instrument of sasine is, and shall be, as sufficient in all respects as if the same were inserted herein and that the same shall be sufficient rights, titles and securities to the provost, bailies, council and burgesses of the said burgh and their successors for possessing and enjoying of the said burgh with the foresaid houses, buildings, lands, tenements, yards, acres, wastes, tofts, crofts, ruids, mills, multures, shelters, harbours, fairs, privileges, liberties and others particularly and generally above-mentioned contained in the said charter.
[1633/6/111]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his majesty's three estates of parliament, ordains an act of parliament to be made ratifying, approving and, for his highness and his successors, perpetually confirming, likewise his majesty, by the tenor hereof, with advice and consent of his highness's three estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the charter and infeftment made and granted at Greenwich, 10 June 1618, by his majesty's late dearest father, King James VI, of worthy and eternal memory, under the great seal, with advice and consent of his highness's treasurer principal of Scotland and treasurer depute for the time therein nominated, and of the other lords commissioners then appointed by his majesty for giving infeftments within the kingdom of Scotland, to, and in favour of, the provost, bailies, council, and community of the said burgh of Dumbarton and their successors, by the which his majesty's said late dearest father, with consent foresaid, gave, granted and conveyed to, and in favour of, the provost, bailies, council and community of the said burgh and their successors forever heritably the advocation, donation and right of patronage of the parish kirk and parish of Dumbarton, with all teinds, great and small, as well parsonage as vicarage thereof, and with all fruits, rents, emoluments and duties pertaining and belonging to the said kirk, together with certain chaplainries, altarages, anniversaries and others nominated and contained in the said charter and infeftment, with all and sundry lands, tenements, annualrents, profits, emoluments and duties pertaining and belonging to the said altarages, chaplainries and others foresaid, together also with the tolbooth, custom house or weigh house of the said burgh of Dumbarton and all and sundry little customs, tolls, casualties and others duties pertaining and belonging to the said burgh, and also certain tenements of land mentioned in the said infeftment, with diverse and sundry other privileges, liberties, immunities, casualties and others particularly set down in the said infeftment, together with the precept of sasine thereof under the quarter seal and instrument of sasine following thereupon, in all and sundry heads, points, articles, clauses, privileges, immunities, circumstances and conditions specified and contained therein. And his majesty, with advice and consent foresaid of his highness's three estates of parliament, wills and grants and, for his highness and his successors, decrees and ordains this present confirmation to be of as great value, force, strength and effect to the said provost, bailies, council and community of the said burgh of Dumbarton and their successors as if the foresaid charter, infeftment, precept and instrument of sasine were word by word engrossed, expressed and set down herein, regarding the which, and with all defects and inconveniences that may follow thereupon, his majesty, with advice and consent foresaid of his highness's three estates of parliament, has dispensed and, by this act, dispensed for ever. And his majesty, with advice and consent foresaid of his highness's three estates of parliament, statutes and ordains that the foresaid charter and infeftment is and shall be a good, valid, effectual and sufficient security to the said burgh of Dumbarton, magistrates, burgesses and inhabitants thereof and their successors for holding, enjoying, using and possessing in all time coming of the said patronage, and of all and sundry lands, gifts, liberties, privileges and others mentioned in the said infeftment after the form and tenor thereof in all points. And his majesty, with advice and consent foresaid of his highness's three estates of parliament, ordains this ratification to be a sufficient warrant to the clerk register for extending an act of parliament hereupon in due form, and for inserting the same with the rest of the acts of parliament to be made and set down in this parliament held within the said kingdom of Scotland.
[1633/6/112]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act, ratifies and approves the charter and letter of patent made and granted by his majesty under the great seal, of the date at Holyroodhouse, 19 November 1630, erecting that part and portion of the lands of Roddings bounded in manner therein mentioned, lying in the barony of Kenmoir and stewartry of Kirkcudbright, with the whole tenements, lands, houses, buildings, yards and outsets built, and to be built, thereupon in a whole and free burgh royal, to be called in all time coming the burgh of Galloway, with the whole liberties, privileges and immunities of the said burgh, and of the provost, bailies, burgesses and inhabitants thereof particularly and generally mentioned in the said charter or letters patent, together with the precept and instrument of sasine following thereupon in all and sundry points, articles and clauses therein contained after the forms and tenors thereof; and declares, statutes and ordains this present ratification thereof is, and shall be, as valid and sufficient in all respects as if the same were at length inserted herein, dispensing hereby with the not inserting hereof. And also his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the foresaid charter or letters patent of erection of the said burgh royal, with this present ratification of the same, are, and shall be, sufficient, valid and lawful rights and securities to the provost, bailies, treasurer, dean of guild, burgesses and inhabitants of the said burgh and their successors for ever, for the peaceable possessing and enjoying of the same burgh royal, weekly markets and free fairs thereof with the whole privileges, liberties, immunities, tolls, customs, casualties, profits and duties of the said burgh royal, weekly markets and free fairs thereof, particularly and generally mentioned in the said charter or letters patent, which are, and shall be, reputed and held as at length repeated and inserted herein, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due form, with provision always that this present ratification shall in no way be hurtful or prejudicial to the infeftments, rights and securities granted by his majesty and his most noble progenitors to the provost, bailies, council and community of the burgh of Kirkcudbright, but that the same shall remain with them as of before unhurt or prejudiced hereby.
[1633/6/113]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain a ratification to be made therein to, and in favour of, the bailies, council, burgesses and community of the burgh of Lauder and their successors, ratifying, approving and, for his highness and his successors, perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm, the charter made, given and granted by the late King James [IV], his highness's [great-great-grandfather] of worthy memory, to the burgesses and community of the said burgh of Lauder under his majesty's great seal, of the date at Stirling, 21 December 1502, whereby the said late King James [IV] of worthy memory, considering and understanding that the charters, evidents and rights of the first foundation and infeftment of the said burgh of Lauder and liberty thereof, made and granted by his majesty's most noble progenitors to the burgesses and community of the said burgh, were destroyed and burnt by war, assaults and fire, through which merchandise ceased among them to the great hurt, decay and prejudice of the common good and liberty of the said burgh and great damage of his majesty regarding his customs, burgh mails and duties due to be paid to him out of the said burgh if timely remedy were not provided; therefore his majesty, moved of piety and justice and willing the reformation of the premises, with advice of his highness's secret council, of new infeft, gave, granted and, for his highness and his successors, perpetually confirmed to the burgesses and community foresaid the said burgh of Lauder in a free burgh for ever, with all and sundry lands, annualrents and possessions whatsoever pertaining thereto, with diverse ample powers, privileges, markets, fairs, tolls, customs and others specially and particularly mentioned in the said charter, to be possessed, used and exercised by the said burgesses and community of the said burgh likewise and as freely as any other free burgh within this realm possesses, uses and exercises their burgh lands and liberties thereof, and with all and sundry liberties and privileges of free burgage for ever to be held of his majesty and his highness's successors in free burgage, fee and heritage for ever, for payment of the burgh mails and other duties used and wont to be paid to his majesty out of the said burgh, as the said charter of the date foresaid at more length bears, with the precept of sasine and instrument of sasine following thereupon, and also all and sundry other infeftments, charters, precepts, sasines, confirmations, gifts, donations, ratifications, grants, erections, foundations, acts, decreets, sentences, liberties, privileges and immunities therein contained made, given and granted by any of his majesty's most noble predecessors and progenitors, kings and queens of Scotland, their regents or governors for the time, or by any others to, and in favour of, the said burgesses and community of the said burgh of Lauder, their predecessors or successors at any time bygone, of whatsoever dates, tenors and contents the same be of, in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, perpetually decree and ordain that this present ratification of the said infeftments and rights of the said burgh specially and generally above-written is, and shall be, of as great strength, force and effect to the said bailies, council, burgesses and community of the said burgh of Lauder and their successors for possessing of the said burgh lands, annualrents, possessions, markets, fairs, tolls, customs, liberties, privileges, duties and immunities therein contained and pertaining to the said burgh, and whereof the said burgh, bailies, council, burgesses and community thereof or their predecessors are, and have been, in possession, as if the said whole charter, precept and sasine specially above-mentioned, and all other charters, infeftments and other rights generally above-mentioned were all at length inserted and contained in this present ratification; concerning which, and with all other defects and imperfections which may be proposed or alleged against the said rights specially and generally above-written, or any of them, or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament, for his highness and his successors, have dispensed and, by this act, dispense for ever and that the said ratification be further extended with all clauses necessary.
[1633/6/114]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the many singular, good and thankful services done to his majesty and to the late Henry, prince of Wales, duke of Cornwall and York, his dearest brother of happy memory, and to his majesty's late dearest father of eternal memory, by his highness's trusty and well-beloved councillor Sir Robert Douglas of Spott, knight, has ratified and approved and, by the tenor hereof, ratifies, approves and confirms the charter and infeftment of feu ferm made, given and granted by his majesty under his highness's great seal, of the date at Greenwich, 29 June 1631, to the said Sir Robert Douglas, his heirs and successors specified and contained in his infeftment of the lands and barony of Spott, of all and whole the lands and that part and portion of the lordship of Dunbar bounded, meithed and marched as after follows, namely: between the burn called the Boundslie Burn on the east and therefrom passing towards the west by the arable and cornfield lands of the lands after-specified belonging to the persons after-mentioned, namely: of the lands of Kirkclaugh pertaining to [...] Cockburn of Ormiston; of the lands of Easter Galashiels pertaining to Sir Patrick Hepburn of Waughton, knight; of the lands called Wester Galashiels and Millknowe pertaining to [...] Home of Galashiels and therefrom passing toward the north to the arable and cornfield lands of Johnscleugh pertaining to Sir John Home of Blackadder, knight; and of the lands of Stonypath pertaining to Master William Douglas, minister at Spott, and therefrom passing toward the east by the arable and cornfield land of the lands of Deuchrie, sometimes pertaining to George Lauder of the Bass; and of the lands of Spott pertaining to the said Sir Robert Douglas of Spott, knight, until it come to the burn called Boundslie Burn, which divides the said part and portion of the foresaid lands of the said lordship of Dunbar from the commonty called the commonty of Innerwick, where the said marches began, lying within the constabulary of Haddington and sheriffdom of Edinburgh. Which lands and part and portion above-written of the said lordship of Dunbar, lying bounded, meithed and marched in manner foresaid, pertained to our said sovereign lord and became in his highness's hands and at his majesty's gift and disposition as a part of the annexed property of the earldom of March and lordship of Dunbar to the patrimony of his highness's crown, to be held of our said sovereign lord and his successors in feu ferm, fee and heritage for payment yearly of the sum of 10 merks usual money of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions in name of feu ferm, which nor no other duty the said lands never paid, with special provision and condition always contained in the said charter that the same charter shall in no way be prejudicial to any of his majesty's lieges regarding any former lawful infeftments or yet to come granted or competent to them of any part or parts of the foresaid part and portion of the lordship of Dunbar or any privilege within the bounds thereof, as at more length is contained within the said charter, together with the precept and instrument of sasine following thereupon in all and sundry heads, clauses, articles and circumstances thereof. And seeing the foresaid lands and part and portion of the said lordship of Dunbar bounded, meithed and marched in manner foresaid are a part of his majesty's property and patrimony of his highness's crown which was never rented nor paid any duty before the granting of the said charter, therefore, and for the said Sir Robert Douglas and his foresaids better right and security thereof, our said sovereign lord, with advice and consent of the estates of this present parliament, in consideration of the said Sir Robert's many good and thankful services above-written, has dissolved and, by virtue of this present act, dissolves the forenamed lands and part and portion above-written of the said lordship of Dunbar, bounded and meithed as is particularly contained before, from his majesty's crown and patrimony thereof, and from all acts of annexation of the same to the effect that the charter and infeftment thereof above-written may not only be valid and effectual and a sufficient right, title and security to the said Sir Robert Douglas and his foresaids for their peaceable holding, enjoying and possessing of the said lands with the pertinents as their heritage at their pleasure in all time coming, but likewise to the effect the same lands may be of new granted and given in feu ferm heritably by our said sovereign lord to the said Sir Robert Douglas and his foresaids for payment of the duty foresaid in manner specified and contained in the said feu charter, with the provision and condition above-written contained therein in due and competent form, and ordains this ratification to be a sufficient warrant to the clerk register and his deputes for extending an act of this present parliament thereupon in due form as appropriate.
[1633/6/115]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of three estates of this present parliament, ratifies and approves the charter made and granted by his majesty after his highness's lawful and perfect age of 25 years complete, and after resignation and demission made by Thomas [Erskine], earl of Kellie etc. and the late Alexander [Erskine], lord Fentoun, his son, of the lordship and barony of Pittenweem, comprehending the lands and others united and annexed in the said lordship and barony which pertained of old to the priory of Pittenweem in the hands of his majesty, their immediate lawful superior thereof, to remain perpetually under the great seal, of the date at Greenwich, 16 June 1631, in favour of his highness's trusty servant Sir William Anstruther of that Ilk, knight, one of his majesty's master households within this realm of Scotland, his heirs and assignees whatsoever heritably, of all and whole the mill called the Mill of Pittenweem, with the mill lands thereof and acres adjacent thereto, extending to 18 acres of land or thereby, with houses, buildings, yards, tofts, crofts, outsets and all their pertinents as the same were occupied and possessed of old by the late John Scott and Euphame Clephane, tenants and tacksmen thereof, together with the whole astricted and free multures, sucken and knaveship pertaining to the said mill and chiefly with the astricted multures, knaveship and sucken of all and whole the lands and barony of Pittenweem; and also of all and sundry the acres of land underwritten, namely: six acres of land called Steill and Wacheland then possessed by Walter Airlie; four acres of land possessed by the heirs of the late William Foullar; three acres of land and a half possessed by the heirs of the late David Robertson; one acre of land possessed by the heirs of the late David Anderson; two acres of land possessed by the heirs of the late Thomas Cook; 12 acres of land possessed by James Scott in Mylnetown; two acres and a half possessed by the heirs of the late Simon Gray; one acre of land possessed by the heirs of late Margaret Wilson; four acres of land and a half possessed by the heirs of the late George Smith; three acres and a half of land possessed by the heirs of the late John Gibson; all and whole that house lying within the town of Anstruther Wester back and fore, with the yards and pertinents of the same, called Fishhouse, then possessed by William Strang; all and whole these houses, with the yards and pertinents thereof, lying within the town of Mylnetown then possessed by the said James Scott, with that piece of arable land called Pardykis, with the pertinents, then occupied and possessed by the said James Scott, with tenants, tenancies and services of free tenants of the lands and others above-written, all lying within the said lordship and barony of Pittenweem and sheriffdom of Fife; as also of the office of bailiary of the whole lordship and barony of Pittenweem, with all and sundry privileges, fees, profits, casualties and duties whatsoever pertaining and belonging to the said office particularly and generally mentioned in the said charter, containing a new gift with supplement of all defects in ample form to be held of his majesty and his successors in feu ferm, fee and heritage for the yearly payment of the feu duty mentioned in the said charter under the deduction therein specified, after the forms and tenors thereof. And wills, declares, decrees, statutes and ordains that this present confirmation thereof is, and shall be, as valid, effectual and sufficient in all respects as if the same were at length and word by word inserted herein, dispensing with the not inserting thereof. As also that the charter, precept and instrument of sasine and this present ratification thereof are, and shall be, sufficient and valid rights and securities to the said Sir William and his foresaids for possessing and enjoying of the lands and others above-written with the pertinents in all time coming, according to the said charter and for payment of the feu duty therein contained under the deduction therein specified, with provision always that this present ratification nor no part of the same shall in no way be prejudicial to Thomas, earl of Kellie etc., his rights and infeftments which he has granted to him or whereof he or his predecessors have been in possession, but that the same shall remain and have that same force and effect as of before.