[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.