[1633/6/124]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of commission of surrenders and teinds, of the date at Holyroodhouse, 18 March 1631, whereof the tenor follows: The which day Master Walter Buchanan, minister of Ceres, craved of the commissioners for the surrenders and teinds that seeing the lands and barony of Kininmonth and lands of Arnydie pertaining heritably to Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, were of old a part of the parish of St Andrews and were lately united to the kirk of Ceres, and the union thereof ratified in parliament, that the said Sir Thomas Hope, his heirs and successors might be tied for the said united lands and barony to contribute to the ordinary burdens due to a parish kirk for reparation thereof and building and repairing the kirk dykes, and that the vicarage teinds of the said barony, the rate whereof extends to £14 6s 8d, might be applied to the use of the said kirk of Ceres. With the which desire the said commissioners being well and ripely advised, and they having seen the warrant and act of the said union ratified in parliament, the said commissioners have therefore ratified, allowed and approved and, by this act, ratify, allow and approve the said union in all points and declare the said Sir Thomas, his heirs and successors to be free of all burden, tax or other contribution at the kirk of St Andrews and to be subject to the reparation of the kirk and kirkyard dykes of the said kirk of Ceres in all time coming; and ordain the rate and duty of the vicarage teinds of the said lands and barony of Kininmonth to pertain to the said kirk of Ceres in all time to come, to be applied to the maintenance of the reader and schoolmaster at Ceres. Whereupon the said Master Walter Buchanan, minister at Ceres, asked instruments. Extracted from the aforesaid books of the acts of the commission by me, James Primrose, clerk of the same, under my sign and subscription manual. And his majesty and estates foresaid will and ordain that the said Sir Thomas and his successors are, and shall be, free of all burden, tax or other contribution at the kirk of St Andrews and to be subject to the reparation of the kirk and kirkyard dykes of the said kirk of Ceres in all time coming; and ordain the rate and duty of the vicarage teinds of the said lands and barony of Kininmonth to pertain to the kirk of Ceres in all time to come, to be applied to the maintenance of the reader and schoolmaster at Ceres. And this act to take effect after the date hereof only.
[1633/6/125]*[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 highness's most noble progenitors by Sir James Lockhart of Castlehill, knight, gentleman of his majesty's privy chamber, and his predecessors, ordain an act to be made ratifying and approving and, for his highness and his successors, perpetually confirming that charter and infeftment and donation therein contained, granted by Sir James Lockhart of Lee, knight, in favour of the said Sir James, his son, and the late Elizabeth Fairlie, his spouse, the longer liver of them two, in liferent and to his male heirs and assignees therein mentioned, of the date 20 December 1617, of certain pieces and portions of the lands and barony of the Lee, and of the said Sir James and his foresaids of the whole remainder of the same lands and barony, extending in the whole to a twenty pound land of old extent, towers, fortalice, mills, multures and others contained therein, and of the fifty shilling land of Nemphlar, united thereto in a free barony, and of the ten pound land of Hewheids, the superiority thereof, together with the charter of confirmation of the foresaid infeftment granted by our late dearest sovereign lord, King James VI of blessed memory, under the great seal, of the date 29 June 1619, containing therein a new gift of the said lands and barony, and of the burgh of Cartland and lands of Hewheids, erecting thereby likewise the said lands of Lee, Nemphlar and Hewheids in a free barony and the burgh of Cartland in a new burgh, all incorporated in a free barony called the barony of Lee as said is; together with the ratification in parliament granted by our said last sovereign lord and estates of parliament in favour of the said Sir James Lockhart, elder, his male heirs and assignees of the lands, barony and others above and therein mentioned, of the date 23 October 1612, which are held hereby as engrossed word for word, with the not inserting of the which infeftments and act of ratification our said sovereign lord, with advice and consent foresaid, has dispensed and dispenses in all and sundry heads, articles, clauses, obligations, points, passes, circumstances, articles and conditions of the same whatsoever specified and contained therein. Likewise our said sovereign lord and estates foresaid of this present parliament will, grant, statute and ordain that the said Sir James Lockhart, his male heirs and assignees foresaid shall peaceably hold, enjoy and possess the foresaid lands and barony, burgh of barony and others respectively foresaid with the pertinents as their own proper heritage at their pleasure in all time coming, according to the tenor of the said infeftments in all points, without any stop, trouble or impediment, notwithstanding of any defect or infirmity (if any be) contained therein; concerning which, our said sovereign lord, for his highness and his successors, with advice and consent foresaid, 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 question whatsoever that can be made or moved in the contrary, ordaining the same act to be registered in the books of parliament as appropriate.
[1633/6/126]*[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 by Sir James Lockhart of Castlehill, knight, gentleman of his highness's privy chamber, ordains an act to be made ratifying and approving and, for his majesty and his highness's successors, perpetually confirming that charter and infeftment of the date at Whitehall, 15 March 1633, given and granted by our said sovereign lord in favour of the said Sir James Lockhart, heritable proprietor of the lands underwritten, and his male heirs and assignees whatsoever, heritably and irredeemably, of all and sundry the teind sheaves and parsonage teinds of all and whole the twenty pound land of Lee and fifty shilling land of Nemphlar, with parts, pendicles and pertinents whatsoever, lying within the parish of Lanark, called the out parish thereof, and sheriffdom of the same proceeding upon the resignation of John [Erskine], earl of Mar, lord Erskine, heritable proprietor and titular of the said teind sheaves of the said parish of Lanark, and James [Erskine], earl of Buchan, his son, and containing therein a new gift of the said parsonage teinds, with a union and incorporation thereof to the stock forth whereof the same is to be uplifted inseparably, as in the said charter and infeftment under the great seal at more length is contained, which is hereby held as engrossed word for word herein; with the not inserting whereof our said sovereign lord, with advice and consent foresaid, has dispensed and dispenses for ever in all and sundry heads, clauses, articles, obligations, points, passes, circumstances, and conditions of the same whatsoever specified and contained therein. Likewise our said sovereign lord and estates foresaid of this present parliament will, grant, declare, statute and ordain that the said Sir James Lockhart, his male heirs and assignees foresaid shall hold, enjoy and possess all and sundry the foresaid teind sheaves and parsonage teinds of all and whole the said twenty pound land of Lee and fifty shilling land of Nemphlar, with parts, pendicles and pertinents whatsoever inseparably, with the stock perpetually in all time coming, as their own proper heritage at their pleasure after the form and tenor of his rights and infeftments thereof above-written in all points, 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 or infirmity if any be contained in his said infeftments; 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 actions 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.
[1633/6/127]*[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 under his highness's great seal, of the date at Holyroodhouse, 13 July 1624, to and in favour of Sir Patrick Murray of Elibank, knight baronet, his male heirs and assignees whatsoever heritably, of all and whole the lands, place and steading of Williamhope, with the pertinents and commodities thereof whatsoever, lying within the lordship of Ettrick Forest and sheriffdom of Selkirk, and the new gift and feu therein contained for payment of the duty therein mentioned; and also the charter made and granted by his majesty under his highness's great seal, of the date at Holyroodhouse, 23 June 1632, to and in favour of the said Sir Patrick Murray, his male heirs and assignees heritably whatsoever, of all and whole the quarter or fourth part of the mains of Ballencrieff, called Lochhill, with houses, buildings and pertinents thereof whatsoever, lying within the constabulary of Haddington and sheriffdom of Edinburgh, as for the principal, and of the tenement of land and dwelling house pertaining to Master Robert Lindsay, second lawful son to the late Bernard Lindsay of Lochhill, then occupied by Gilbert Hunter, indweller in the town of Leith, with the close chambers and whole pertinents thereof lying in the said town of Leith within the King's Wark thereof; and of all and whole the said Master Robert Lindsay's dwelling house, under and above, with the pertinents, then occupied by Marjorie Dempster in Leith, lying in the said town of Leith within the said King's Wark thereof bounded in manner mentioned in the infeftment of the same made to the said late Bernard Lindsay, and that in special clause of warrandice and security to the said Sir Patrick Murray and his foresaids of the same quarter or fourth part of the said mains of Ballencrieff called Lochhill, with the pertinents; and the new gift and feu therein contained for payment of the feu duties therein contained, with the precepts and instruments of sasine respectively, following upon both the said charters in all and sundry heads, points, articles and clauses therein contained after the forms and tenors thereof. And declares, statutes and ordains this present ratification of the said two charters, with the precepts and instruments of sasine respectively following thereupon, to be as valid, effectual and sufficient in all respects, as if the same were at length and word by word engrossed and inserted herein, dispensing hereby with the not inserting thereof. Moreover, our said sovereign lord, with advice and consent foresaid, (for the said Sir Patrick Murray and his foresaids further security regarding the peaceable possessing and enjoying of the lands and others foresaid with the pertinents) has dissolved and by this ratification dissolves the whole lands and others contained in both the said charters from his majesty's crown and patrimony thereof, to the effect that his majesty may give, grant and convey to the said Sir Patrick Murray and his above-written heritably the lands and others respectively foresaid principally and in clause of warrandice in manner above-written, to be held of his majesty and his successors in feu ferm for the feu duties contained in the said two charters respectively. And further our said sovereign lord, with advice and consent foresaid, finds, declares, statutes and ordains that the foresaid two charters, with the precepts and instruments of sasine following thereupon and this present ratification thereof, either without the said infeftment to follow hereupon or with the same, are and shall be sufficient, valid and lawful rights and securities to the said Sir Patrick Murray and his foresaids for the peaceable possessing and enjoying in all time coming of the lands and others foresaid principally and in clause of warrandice in manner above-specified for the duty contained in the said charters, notwithstanding of whatsoever acts of parliament, other acts, laws or constitutions made or to be made in the contrary; concerning which, his majesty, with consent foresaid, by this ratification, dispenses in that part for ever, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending an act hereupon in due form.
[1633/6/128]*[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 Sir John Dalmahoy of that Ilk, knight, one of his majesty's master households in Scotland, ratifying, approving and, for his highness and his successors, perpetually confirming the charter made and granted by his majesty's late dearest father, James, then king of Scots, thereafter king of Great Britain, France and Ireland, defender of the faith, of worthy memory, to the late Alexander Dalmahoy, then of that Ilk, father to the said Sir John Dalmahoy, his heirs and assignees whatsoever heritably, of all and whole the lands and baronies of Dalmahoy and Over Liberton, with their pertinents, lying within the sheriffdom of Edinburgh, upon the said late Alexander Dalmahoy's own resignation thereof, made by him in the hands of his highness's said late dearest father, his superior thereof, and new gift contained therein, made and granted by his highness's said late dearest father of worthy memory to the said late Alexander Dalmahoy of that Ilk and his foresaids of the said lands and baronies, with the castles, towers, fortalices, manor places, houses, buildings, mills, woods, fishings, tenants, tenancies, service of free tenants and other pertinents thereof, and union of the same in a whole and free barony, to be called the barony of Dalmahoy in time coming, to be held of our sovereign lord and his highness's successors in fee heritage and free barony for ever, for payment of the rights and services used and wont, whereby the ward, relief and marriage are taxed and liquidated to the particular sums of money mentioned in the said charter, as the same under the great seal of the date 10 August 1598 at more length bears. As also the charter made and granted by the said late Alexander Dalmahoy to the said Sir John Dalmahoy, his son, his male heirs and assignees therein contained heritably, of all and whole the said lands and barony of Dalmahoy, comprehending the particular lands, baronies and others mentioned in the said charter, to be held from the said late Alexander and his heirs of our sovereign lord and his highness's successors in taxed ward as the said late Alexander held the same himself, in manner specified in the said charter of the date 10 June 1611, with all precepts and sasines following upon the said two charters or any of them. And also the charter of confirmation granted by his highness's said late dearest father of worthy memory, with advice and consent of his highness's lords of secret council of Scotland, his highness's commissioners and of his highness's treasurer depute for the time, under his highness's great seal, of the date at Edinburgh, 8 February 1614, confirming the said last charter granted by the said late Alexander Dalmahoy to the said Sir John Dalmahoy, his son, in manner foresaid 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, decree and ordain that this present ratification of the said charters, precepts and sasines following thereupon and confirmation above-written is, and shall be, of as great force, strength and effect to the said Sir John Dalmahoy, his male heirs, successors and assignees for possessing of the said lands, barony and others above-written, with the pertinents therein contained, according thereto in time coming as if the same were all at length specially and particularly herein contained, ratified and approved; concerning which, and with all other defects and imperfections which may be proposed against the said rights or any of them or this present ratification of the same and validities thereof, our said sovereign lord and estates of parliament have dispensed and, by this act, dispense forever, providing always that this present ratification is, nor shall, in no way be extended to the right of patronage of the prebendaries of Half Dalmahoy, Half Halton, Half Bonnington and Half Platt situated in the college kirk of Corstorphine, taking turns, conveyed by the said charter, but the said patronage of the said prebendaries to be expressly reserved and excepted out of this present ratification, and that the said ratification be further extended with all clauses necessary.
[1633/6/129]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of parliament, has ratified and approved and, by this act, ratifies and approves the particular charters and infeftments respectively underwritten made and granted by his majesty and his highness's late dearest father of eternal memory to his highness's beloved Sir Colin Campbell of Glenorchy, knight, and the late Sir Duncan Campbell of Glenorchy, knight, his father, of the lands and others after-specified, namely: the charter of confirmation containing a new gift granted by his majesty's said late dearest father of eternal memory to the said Sir Colin Campbell of Glenorchy, knight, therein designed Colin Campbell, eldest son and apparent heir to the said late Sir Duncan, and the male heirs lawfully to be procreated of his body, which failing to his nearest and lawful male heirs bearing the arms and surname of Campbell and their assignees whatsoever, of all and whole the lands of Auchlyne, extending to a ten merk land of old extent, with mill, mill lands, multures and sequels thereof, parts, pendicles and pertinents whatsoever, lying in the lordship of Glendochart and within the sheriffdom of Perth, and also of all and sundry the lands, isle, fishings, mills, office of bailiary and others underwritten, namely: the three merk land of kirkton of Killin, the twenty shilling land of Badnacairne, the twenty shilling land of Craignavene, the six merk land of Kinaldie, with the isle called Ilanran, the two merk land of Ardnagald Easter, the two merk land of Auchacharne, one merk land of Ardnagald Wester, the twenty shilling land of Foy, the three merk land of Inchewan, one merk land of old extent of Clauchan of Killin lying at the port of Ilanran, and also of all and whole the lands of Ardtollonycht, with the mill thereof and fishing, as well of salmon as other fishes, in the water called Loch Tay and lands of Balnacraig, with all and sundry woods, mills, multures and sequels thereof, towers, fortalices, fishings, as well of salmon as other fishes, manor places, tofts, crofts, tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents of all and sundry the said lands and others above-specified, lying in the lordship of Glendochart and Discheor and Toyer within the said sheriffdom of Perth, together with the office of bailiary of all and sundry the said lands, isle, fishings, mills and others foresaid, and also of all and sundry other lands, mills, fishings and others whatsoever at any time pertaining and belonging to the prior and convent of Charterhouse, sometime founded and situated near the said burgh of Perth, lying in the said lordships, with all fees, duties and privileges pertaining and belonging to the said office of bailiary of the date 2 August 1591. Another charter granted by our said late sovereign lord to the said Sir Colin Campbell, therein designed Colin Campbell, apparent heir of Glenorchy, his heirs and assignees, of all and whole the five pound land of old extent of Murthly, with manor places, yards, orchards, dovecots, houses, buildings, tofts, crofts, mills, multures, woods, fishings, tenants, tenancies and service of free tenants, annexes, connexes, parts, pendicles and pertinents thereof, lying in the lordship of Coupar and within the said sheriffdom of Perth, and also of all and whole the five pound land of old extent of Dumsallandies, with manor place, yards, orchards, dovecots, houses, buildings, tofts, crofts, mills, multures, woods, the fishing called the ferry boat in the water of Tymbell, Portincraig, tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents thereof whatsoever lying in the lordship and sheriffdom foresaid, and also of all and whole the kirk of Inchechaddan, with advocation, donation and right of patronage of the parsonage and vicarage thereof, teinds, fruits, rents and emoluments pertaining and belonging thereto lying in the diocese of Dunkeld and within the said sheriffdom of Perth, of the date 10 December 1595. Another charter of confirmation granted by our said late sovereign lord to the said Sir Colin Campbell and his nearest and lawful male heirs bearing the arms and surname of Campbell, of all and whole the ten merk land of the port of Loch Tay, with the isle thereof and fishing of Loch Tay, the eight merk land of the east end or tail of Eddergoill lying near the lands of Balloch, and also of the four merk, six shilling, eight penny land of Callelochan, with all and sundry their pertinents lying in the lordship of Discheor and Toyer and within the said sheriffdom of Perth, and likewise of all and sundry the lands underwritten, namely: the lands of Dalgardie, the lands of Tullich, the lands of Terie, the lands of Correcharnuk without pasture or intromission with Mamlorne, alias Bamacane, the lands of Moytronich, the lands of Teirathour, the lands of Kiltyrie, the lands of Clocherane, the lands of Ardtollony, the lands of Eddergoill with the mill thereof, the lands of Anlekheth, the lands of Rawmony, the lands of Skeag, the lands commonly called Duncan Reochistoun, the lands of Croftnacaber and lands of Pitmikie, with all and sundry their pertinents lying within the said lordship of Discheor and Toyer and sheriffdom of Perth. And also of all and whole the lands of Drummoquheill and Drumquhassle and castle of Castlehill, with mills, multures, houses, buildings, fishings, woods, orchards, outsets, parts, pendicles and pertinents thereof whatsoever lying in the said sheriffdom of Perth. And also of all and whole the lands of Fintalich and two part of all and whole the lands of Dalmarkglen, with all their manor places, houses, buildings, outsets, tofts, crofts, annexes, connexes, parts, pendicles and pertinents whatsoever lying within the lordship of Strathearn, stewartry thereof and the said sheriffdom of Perth. And likewise of all and whole the kirklands or glebe called the Ibert of the parish kirk of Monzie, with all buildings, tofts, crofts and pertinents thereof whatsoever, lying in the parish of Monzie, diocese of Dunblane and within the said sheriffdom of Perth. And in like manner, of all and sundry the lands and barony of Finlarig, with towers, fortalices, woods, mills, fishings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents united and annexed of before, in a free barony lying in the bailiary of Discheor and Toyer and within the said sheriffdom of Perth. And also of all and whole the lands of Couldars and Tennaffis, with all their pertinents, outsets, cottages, tofts, crofts, woods, fishings, mills, forests and pendicles thereof, lying in the barony of Glenfalloch within the said sheriffdom of Perth, of all and sundry the lands of Ewer and Loragane, with the office of bailiary of all and sundry the lands of Discheor and Toyer, Glenlyon and barony of Glendochart, with their pertinents, lying within the said sheriffdom of Perth; of all and sundry the lands of Bowane, Ardchalyie, Easter Dounie, with their pertinents, lying in the lordship of Glendochart and sheriffdom foresaid; of all and whole the forty shilling land of Wester St Wicks with woods, fishings, houses, buildings, outsets, schelings, annexes, connexes, parts, pendicles and their pertinents lying in the earldom of Atholl within the said sheriffdom of Perth; of all and whole the fourth part of all and sundry the lands of Monzie, with mills, multures, woods, fishings, outsets, manor place, orchards, yards, tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents lying in the stewartry of Strathearn within the said sheriffdom of Perth; of all and sundry the lands of Emyrcreachane and Costinterrie, now called Easter and Wester Creachans, with all their woods, fishings, pastures, parts, pendicles and pertinents lying in the stewartry of Menteith and within the said sheriffdom of Perth. And also of all and sundry the lands of Strounielaquhane, with manor place, mills, fishings and their pertinents and lands of Edindonich with the mill thereof, the lands of Larachfulyie, the lands of Craig, the lands of Candroquhat, the lands of Castle, the lands of Tullich, the lands of Dulletter, the lands of Myane, with woods, fishings, mills, manor places, tenants, tenancies, service of free tenants of all and sundry the same lands, with the pertinents, lying in the earldom of Argyll and sheriffdom thereof, of the date 24 March 1602. Another charter of confirmation containing a new gift granted by his highness's said late dearest father of eternal memory to the said late Sir Duncan Campbell in liferent and to the said Sir Colin Campbell, his son, and his male heirs bearing the arms and surname of Campbell and their assignees whatsoever, of all and whole the lands of Morinche, Edrmuke, the lands of thanage of Cranyk, called Cramyk, Auchmar and Kandknop, with the office of toscheochdoraschip†, and Artholony, with all and sundry manor places, houses, buildings, outsets, orchards, yards, outsets, mills, multures and sequels thereof, woods, lochs, annexes, connexes, parts, pendicles and pertinents thereof whatsoever, lying in the barony of Wemyss and within the said sheriffdom of Perth, of the date 22 February 1604. Another charter granted by his highness's said late dearest father of eternal memory to the said Sir Colin Campbell of Glenorchy, knight, his male heirs and assignees whatsoever, of all and whole the eight merk land of Edinkip, alias Eddnix, with houses, buildings, tofts, crofts, outsets, schelings, grassings, pasturages, meadows, commonties, privileges, parts, pendicles, annexes, connexes, dependents and all their pertinents whatsoever, lying in the lordship of Balquhidder and within the said sheriffdom of Perth. And also of all and whole the eight merk land of Kingarth, with all and sundry houses, buildings, yards, tofts, crofts, outsets, parks, meadows, mills, fishings, woods, pasturages, commonties, privileges, parts, pendicles and pertinents thereof whatsoever, lying in the stewartry of Strathearn and within the said sheriffdom of Perth, of the date 13 September 1620. Another charter granted by his highness's late dearest father of eternal memory to the said late Sir Duncan Campbell in liferent and to the said Sir Colin Campbell, his son, his male heirs and assignees whatsoever in fee of all and whole the lands called the Large, with the isle called Ylemillocho and fishing of Loch Katrine, the lands of Branquhalyie, Eddrelechabeth, Strongarwald and Ardmokmonane, with the mill of the said lands of Strongarwald, mill lands, multures and pertinents thereof, with all and sundry houses, buildings, yards, tofts, crofts, outsets, parks, meadows, pasturages, woods, fishings, pastures, commonties, privileges, parts, pendicles and pertinents whatsoever, of all and sundry the said lands, mills, fishings and others above-specified, lying in the lordship of Stragartney and within the said sheriffdom of Perth. And also of all and whole the lands of Letter, with houses, buildings, yards, schelings, tofts, crofts, outsets, privileges, pasturages, commonties, parts, pendicles, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and all their pertinents, lying in the barony of Kippenross, stewartry of Menteith and within the said sheriffdom of Perth, of the date 17 December 1618. Another charter granted by his majesty's said late dearest father of eternal memory to the said Sir Colin Campbell, his male heirs and assignees whatsoever, of all and whole the lands of Nether Tullybannocher, with houses, buildings, yards, tofts, crofts, outsets, woods, fishings, muirs, mosses, pasturages, grassings, annexes, connexes, parts, pendicles and all their pertinents whatsoever, lying within the stewartry of Strathearn and within the said sheriffdom of Perth. And also of all and whole the lands of Over Tullybannocher, with houses, buildings, yards, tofts, crofts, woods, schelings, muirs, mosses, meadows, mounts, pasturages, grassings, annexes, connexes, parts, pendicles and all their pertinents whatsoever, lying within the stewartry and sheriffdom foresaid, of the date 25 November 1623. Another of the said charters granted by our said sovereign lord to the said Sir Colin Campbell of Glenorchy, knight, his male heirs and assignees whatsoever, of all and whole the lands and barony of Glenlochay and others after-specified, namely: all and whole the lands of Mourlyinch, all and whole the lands of Corriecharnuk, all and whole the lands of Dalgardie, all and whole the lands of Tullich, all and whole the lands of Teray, the lands of Teirarthor, the lands of Clochrane, the lands of Pitmikie, the lands of Kiltyrie, the lands of Eddergoill, with the mill of Eddergoill, the lands of Ardincollanie, with the mills and fishings thereof, the lands of Anlekith, the lands of Ramony, the lands of Skeag, the lands called Duncan Rochstounes, the lands of Croftnacaber, with manor places, towers, fortalices, mills, multures, fishings upon the River Dochart and other fishings, as well of salmon as other fishes, advocation and donation of kirks and chaplainries of the said lands and all other parts, pendicles and pertinents thereof, all lying within the lordship of Discheor and Toyer and within the said sheriffdom of Perth of the date 9 June 1632. Another of the said charters made and granted by his highness's said late dearest father of eternal memory to the said late Sir Duncan Campbell of Glenorchy, knight, his heirs and assignees, of all and whole the twenty shilling land of Stukhabill, the twenty shilling land of Beneglas, the twenty shilling land of Tullequharrie, the twenty shilling land of Clochinbratan, the two merk land of Cullietermen, the half merk land of Innerymeren, the half merk land of Nether Tullyter, the one merk land of Taryark, the two merk land of Inverhaggernie, the merk land of Little Inverhaggernie, the three merk land of Innerchytill, the merk land of Portnillan, the merk land of Innerardair, the five pound land of Ardchythell, the half merk land of Conendach, with manor places, houses, buildings, isles, woods, forests, mills, fishings, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of all and sundry the foresaid lands and others respectively above-specified, extending in the whole to one twenty six merk land of old extent, lying within the barony of Glenfalloch and the said sheriffdom of Perth, and erected in a free barony called the barony of Glenfalloch, of the date 17 February 1598. And the last of the said charters made and granted by his highness's said late dearest father of eternal memory to the said late Sir Duncan Campbell of Glenorchy, knight, his male heirs and assignees, of all and whole the lands of Arichandnaquhan, extending to a four merk land of old extent with their foresaids, and of all and whole the forty penny land of Carndewer, with their pertinents, lying within the stewartry of Menteith and within the said sheriffdom of Perth, of the date 5 March 1595, together with the retour whereby the said Sir Colin Campbell is served and retoured heir to the said late Sir Duncan, his father, of the said lands and barony of Glenfalloch, and of the said lands of Arichandnaquhan and lands of Carndewer, of the date 26 August 1631, and instrument of sasine given to the said Sir Colin of the same lands and barony, according to a precept directed forth of his highness's chancellery upon the said retour in all and sundry heads, clauses, articles and conditions contained in all and sundry the said charters and infeftments respectively after the forms and tenors thereof. And further, for the good, true and thankful service done to his majesty and his highness's predecessors by the said Sir Colin Campbell and his predecessors, his majesty, with consent of the said estates of parliament, wills and grants and, for his highness and his successors, decrees and declares that the particular charters and infeftments respectively above-specified are good and valid rights whereby the said Sir Colin Campbell of Glenorchy, his heirs and successors may peaceably and freely possess and enjoy the lands, baronies and others respectively above-written in all time coming.
[1633/6/130]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the letters of gift and pension made and granted by his majesty under the privy seal, of the date at Whitehall, 29 December 1627, whereby his majesty gave and conveyed to Sir James Scott, now of Rossie, knight, in yearly pension during his lifetime all and whole the feu ferms, feu mails, kanes, customs and duties of the lands of Kingsbarns, with the pertinents, lying within the stewartry of Fife and sheriffdom thereof, extending yearly to 20 chalders of victual, wheat and barley, £48 money and 100 capons or thereby; and likewise the letters of ratification and gift of pension granted by his majesty under the said privy seal, of the date at Holyroodhouse, 30 July 1631, whereby his majesty ratified the assignation made by the said Sir James Scott to David Beaton, physician to his majesty, and after failing, his spouse, to the said first letters of gift and pension, of the date 4 May 1631, and of new granted, assigned and conveyed to the said David Beaton and his said spouse in yearly pension the said feu ferms, feu mails, kanes, customs and duties of the said lands of Kingsbarns, with the pertinents, extending yearly to 4 chalders of wheat, 11 chalders of barley, £48 money and 100 capons to be uplifted by them of the crop and year of God 1631, and so forth to continue during the lifetime of the said Sir James Scott, according to his said gift and assignation thereto above-mentioned, and likewise during all the days of the lifetimes of the said David Beaton and his said spouse, the longest liver of the two, and all decreets following thereupon, as well before the lords of council and session as the lords of exchequer, in all points, articles and clauses therein contained, after the forms and tenors thereof; and declares, statutes and ordains this present ratification of the said two letters of gift of pension respectively and decreets following thereupon to be as sufficient and valid in all respects as if the same were at length and word by word inserted herein, dispensing hereby with the not inserting thereof; and likewise statutes and ordains the said letters of gift and pension and assignation above-specified and decreets following thereupon, and this ratification of the same, to be sufficient rights and securities whereby the said David Beaton and his said spouse, the longest liver of the two, their heirs, executors and assignees may peaceably possess and enjoy the pension above-mentioned during all the days of the lifetimes of the said Sir James Scott and of the said David Beaton and his said spouse, and of the longest liver of the three.
[1633/6/131]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ordain a ratification to be made therein to and in favour of his highness's beloved Henry Nisbet, portioner of Restalrig, his heirs and assignees whatsoever, ratifying, approving and for his highness and his successors perpetually confirming the decreet of valuation led and deduced at the instance of his majesty's procurator fiscal before the sub-commissioners of the presbytery of Edinburgh, upon the [...] day of [...] 16[...], whereby the teinds of the said Harry Nisbet, his five rooms of land in Restalrig, with their pertinents, are valued to extend to 90 bolls of victual, whereof 12 bolls wheat, 42 bolls barley, 24 bolls of oats and 12 bolls of beans and peas by year. And also the decreet given by the lords commissioners for surrenders and teinds, of the date at Holyroodhouse, 21 July 1630, whereby the said commissioners have found and declared that the said sub-commissioners had lawfully and orderly proceeded in the said valuation and had judged rightly, and that the said John [Elphinstone], lord Balmerino, titular of the said teinds against whom the said valuation and decreet was deduced, had wrongfully appealed from the said sub-commissioners in manner mentioned in the said decreet; and in respect thereof, the said commissioners sustained the valuation foresaid whereby the teinds of the said Henry Nisbet's lands foresaid are valued to extend to the said 90 bolls of victual of the qualities above-rehearsed, whereof the ease granted by the king's majesty by his decreet and sentence being deducted there will rest of clear teind of wheat, nine bolls, two firlots, one peck, two lippies, half lippie and four quarters of one half lippie; of peas, nine bolls, two firlots, one peck, two lippies, half lippie and four quarters of one half lippie; of barley, 33 bolls, two firlots, one peck, two lippies, half lippie, four quarters, half lippie; and of oats 19 bolls, three pecks, two lippies and four quarters of one lippie, the prices whereof (if the teind should be bought by the said Henry Nisbet) the said commissioners modified and set down as follows, that is to say: £7 10s for the boll of wheat; £6 5s for the boll of barley, beans and peas; and 7 merks for the boll of oats; and therefore the said commissioners allowed and gave power and warrant to the said Henry Nisbet to collect, lead and intromit with the said teinds of his said lands of Restalrig, the said crop and year of God 1630, and thereafter for the reasons and causes contained in the said decreet. And also another decreet given by the said commissioners of surrenders and teinds upon 9 December 1630 whereby the said lords and others of the said commission allowed and ordained the said Henry Nisbet to consign the sums of money and prices of the said teinds therein mentioned as they were modified and set down by the said commissioners in the hands of James Primrose, one of the clerks to the said commission, to be given up to the said John, lord Balmerino upon his acquittance and sufficient security to be made to the said Henry Nisbet and Marion Arnott, his mother, of the said teinds at the sight of the said commissioners; which teinds and the said Lord Balmerino's right thereof, the said commissioners determined to pertain to the said Henry Nisbet and Marion Arnott, his mother, and they to be free to intromit with the said teinds, lead, use and convey thereupon at their pleasure; and the said Lord Balmerino to deprive himself of whatsoever right he had or might pretend to the said teinds in favour of the said Henry Nisbet and Marion Arnott, his mother. And also the act of consignation whereby the said Henry Nisbet, upon the said 9 December 1630, consigned the prices of the said teinds in the hands of the said James Primrose to be given up to the said Lord Balmerino upon his acquittance and sufficient security to be made to the said Henry Nisbet of the said teinds in manner specified in the said act. As also the decreet of suspension given by the lords of council and session upon 24 January 1632, finding the letters raised at the instance of the said Henry Nisbet against the said lord upon the said last decreet and act of consignation to be orderly proceeded until the said lord made to the said Henry Nisbet a sufficient security of the said teinds at the sight of the said commissioners, and deprived himself of whatsoever right he had or might pretend thereto, in favour of the said Henry Nisbet according to the said commissioners' decreet above-written in all points. And also another decreet given by the said commissioners for surrenders and teinds upon 7 March 1632, determining and ordaining the said Lord Balmerino to make, subscribe and deliver to the said Henry Nisbet and Marion Arnott, his mother, a sufficient temporary right and security of the said teind sheaves of their said lands, both for his liferent and 19 years tack in manner underwritten, and to uplift the said sum consigned and to be obliged to deliver the same to them, their heirs, executors and successors at the expiring of the said temporary right, in manner specified in the said decreet, as the said several decreets and act of consignation in themselves respectively at more length bears. As also the contract and appointment made at Edinburgh, 13 March 1632, between the said John, lord Balmerino, tacksman of the teinds of the parish kirk and parish of Restalrig, whereof the said teinds of the said lands underwritten are a part, and also now undoubted patron of the parsonage and vicarage of the said parish kirk, on the one part, and the said Henry Nisbet, heritor of the said lands, on the other part, registered in the books of council and session 14 March 1632, whereby the said John, lord Balmerino made, constituted and ordained the said Henry Nisbet, his heirs and assignees, his very lawful, undoubted and irrevocable cessioners and assignees, donators and procurators to set out the arguments of his case freely in and to the letters of tack and assedation made, set and granted by the late Master David Lindsay, minister at Leith, parson and vicar of the said parish kirk and parish of Restalrig, with express advice, consent and assent of Sir Alexander Drummond of Midhope, knight, one of the senators of the college of justice, then undoubted patron of the said parsonage and vicarage, to the said John, lord Balmerino, therein then styled John, master of Balmerino, for all the days, time, years and space of his lifetime, and after his decease to his nearest and lawful male heirs and of tailzie specified and contained in his infeftment, of the lands and barony of Restalrig for all the days, years and terms of 19 years next and immediately following the said lord's decease whensoever it should happen, all and sundry the teind sheaves and other teinds, fruits, rents, emoluments, profits and duties whatsoever of the said whole kirk and parish of Restalrig, both parsonage and vicarage thereof, the entry thereof beginning at the entry and date of the said tack, and thereafter to continue and endure during the said lord's lifetime and 19 years thereafter following for payment of a certain yearly duty mentioned in the said tack and assedation, of the date 7 September 1610, whole heads, tenor, contents, force, strength and effect thereof and all that has followed or may follow upon the said tack in so far as the same tack concerns and may be extended to all and sundry the teind sheaves and parsonage teinds of all and whole these three rooms and lands of the said town and lands of Restalrig, with the outsets, insets, parts, pendicles and pertinents thereof, pertaining heritably to Henry Nisbet, then occupied by him and the said Marion Arnott, his mother, Master Lewis Stewart, advocate, her spouse, for his interest, and their tenants lying within the said town and territory of Restalrig, barony thereof and sheriffdom of Edinburgh of the crops and years of God 1630 and 1631, and of all years and crops to come during the years to come and run of the said tack and assedation above-written, and in and to all right, title and action which the said lord, his heirs or assignees had, has or in any way might claim, pretend or have in time coming to the said teind sheaves and parsonage teinds of all and whole the said three rooms and lands above-written, with the pertinents, pertaining to the said Henry Nisbet occupied as said is, the said crops and years of God 1630 and 1631 or in time coming, and transferred the whole right thereof in the person of the said Henry Nisbet and his foresaids in ample form, in manner specified in the said contract, as the same contract, containing diverse other heads, articles, clauses and conditions made, set down and conceived in favour of the said Henry Nisbet, of the date foresaid, and registered as said is at more length 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 and, for his highness and his successors, decree and ordain that this present ratification of the said decreets, act of consignation of the prices of the said teinds, discharge given by the said Lord Balmerino thereon and contract containing the assignation foresaid is and shall be of as great strength, force and effect to the said Henry Nisbet and his foresaids for possessing of the said teind sheaves of his said lands above-specified, with the pertinents according thereto, as if the same whole rights were all at length specially and particularly herein contained, ratified, and approved; concerning which, and with all other defects and imperfections which may be proposed or alleged against the same or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and, by this act, dispense for ever, and that the said ratification be further extended in the best form.