Act in favour of Master Andrew Aytoun of Logie, advocate

Our sovereign lord, with advice of the estates of this present parliament, considering that by contract and appointment passed between his majesty's late father and mother of happy and blessed memory, with advice and consent of the lords of council and officers of state for the time, taking the burden upon them for the late Mistress Margaret Wincester, servant to his majesty's said late dearest mother, and the said Mistress Margaret, for herself on the one part, and the late Andrew Wemyss of Myrecairnie, one of the senators of the college of justice, and the late John Wemyss, his eldest lawful son and apparent heir, upon the other part, of the date at Holyroodhouse and Edinburgh, 3 and 6 November and March 1593, regarding the marriage then contracted and thereafter solemnized between the said late John Wemyss and the said late Mistress Margaret, the said late Andrew Wemyss was astricted to infeft and seise the said late John Wemyss, his son, and the said late Mistress Margaret, then his future spouse, and the longer liver of them two in conjunct fee and the male heirs to have been procreated of their bodies, which failing, the nearest lawful male heirs of the said late John Wemyss whatsoever heritably, in all and whole the said late Andrew Wemyss's lands of Myrecairnie, with the mill, mill lands, multures and sucken, houses, buildings, yards, orchards, parts, pendicles and all their pertinents lying within the sheriffdom of Fife; and likewise to infeft and seise the said late John Wemyss, his said son and his foresaids in fee and heritage, in all and whole the lands of Wester Cruivie and Brighouse, with the pertinents, in all and whole the lands of Logie, with their mansion houses, buildings, yards, orchards and their pertinents, lying within the said sheriffdom of Fife, to be held of the said late Andrew Wemyss, his immediate superiors thereof, either by resignation or confirmation as best should please the said late John Wemyss and his heirs; which resignation his majesty's said late dearest father promised to receive for new infeftment to follow thereupon, and for to change the holding of the lands and others foresaid from ward to blench ferm, and the whole lands of estate of the said Andrew Wemyss to erect, unite and incorporate in a free barony, as in the said matrimonial contract of the date foresaid registered in the books of council upon 14 March 1594 at more length is contained; according to the tenor of the which contract, the said late John Wemyss and the said Mistress Margaret were infeft and seised in the lands and others respectively foresaid in manner above-expressed, held of his majesty's said late dearest father and his successors in free blench ferm and free barony, called the barony of Myrecairnie. Likewise the said late John Wemyss resigned the foresaid lands and barony in the hands of his majesty's said late dearest father for new infeftment thereof to be given to the said late Andrew Wemyss, according to the which resignation the said late Andrew Wemyss was infeft in the foresaid lands and barony by his majesty's said late dearest father held in free blench ferm of his majesty. Likewise the said late Andrew Wemyss sold, conveyed and alienated the foresaid lands and barony to the late John Wemyss of Craigton, who was also infeft in the foresaid lands and barony held of his majesty's dearest father in free blench ferm and free barony, which the late John Wemyss and the late Sir John Wemyss of Craigton, knight, one of the senators of the college of justice, having the full right of the foresaid lands and barony established in their persons by disposition and alienation of the said late Andrew Wemyss and of the late Sir John Wemyss, son to the said late John and grandson to the said late Andrew, for the sum of 50,000 merks money of this realm of Scotland, paid to the said late John Wemyss of Craigton by his majesty's well-beloved Master Andrew Aytoun of Logie, advocate, before the lords of council and session, they sold and conveyed the foresaid lands and barony of Myrecairnie comprehending all the foresaid lands to the said Master Andrew Aytoun, which Master Andrew Aytoun of Logie is likewise infeft in the same held of his majesty and his successors in free blench ferm and free barony. Likewise the said Master Andrew is infeft in the teinds, both parsonage and vicarage, of the said lands of Logie, Cruivie and Brighouse, upon resignation of John [Elphinstone], lord Balmerino. Likewise the said Master Andrew is infeft in the lands of Halton Hill, Murieriges, Craigend Meadow beside Abdie kirk, Clunie and others contained in his infeftment thereof, lying within the regality of Lindores, sheriffdoms of Fife and Perth respectively, with sundry privileges and liberties specified in the said Master Andrew's infeftment of the same, together with the teind sheaves and vicarage teinds thereof upon resignation of Patrick [Leslie], lord Lindores, the late Robert Aytoun of Craigfoodie and Master Robert Aytoun, his son, and Master Andrew Murray of Balvaird. And also the said Master Andrew Aytoun is infeft in all and whole the lands called the Staine Halton, with the two deals of land lying between the lands of Grange and Halton Hill, with the lands called Richard's Inch beside the loch of Woodmill, together with the whole acres of land called the Crofts, with their pertinents, together with the teind sheaves of the particular lands above-written included, lying within the regality of Lindores and sheriffdom of Fife foresaid, by disposition and alienation of Master Harry Chap of Ormiston, advocate, and Rebecca Aisone, his spouse, with sundry liberties and privileges contained in the said Master Harry Chap's infeftment of the lands of Ormiston. Likewise the said Master Andrew has made resignation of all the foresaid lands and others particularly above-mentioned, which are all united and incorporated in a free barony called the barony of Myrecairnie, and that in favour of John Aytoun of that Ilk, and his male heirs to be procreated of his body, which failing to the nearest male heirs and of tailzie contained in his said infeftment, and that under certain provisions, conditions, reservations and reversions specially contained in the said procuratory of resignation made by the said Master Andrew in favour of the said John Aytoun and his foresaids, and partly specially and partly generally contained in the said infeftment upon the said resignation. Therefore our said sovereign lord, with advice and consent of the estates foresaid, ratifies, approves and confirms the foresaid contract of marriage above-written, and specially that part thereof regarding the changing of the holding of the said lands of Logie, Cruivie, Brighouse, Myrecairnie, mill and mill lands thereof, from ward in blench; and likewise ratifies and approves the whole infeftments above-written, granted by his majesty's father of blessed memory, and by his majesty himself, with the whole privileges, liberties, provisions, conditions, reservations and reversions contained in the said infeftments and procuratories of resignation whereupon the said infeftments have followed, together with all other infeftments, rights and securities made to the said Master Andrew, his authors and predecessors of the foresaid lands, barony, teinds and others contained in the said Master Andrew's infeftments in the whole heads, clauses, articles, conditions, provisions, reservations and reversions contained in the said infeftments generally and specially above-written, and in the procuratories of resignation whereupon the same proceeded; and declares the same ratification and confirmation to be as valid, good and effectual as if every particular were inserted and engrossed herein, with the which, our said sovereign lord, with the estates foresaid, has dispensed and by this act dispenses for ever. And also his majesty, with consent of the estates foresaid, declares the foresaid infeftments, rights and securities generally and specially above-written to be good, valid and sufficient rights and securities to the said Master Andrew and his successors, in the said lands, barony and others above-written, and confirmed in the rights and securities above-mentioned and also to be good rights to Elizabeth Lundie, spouse to the said Master Andrew, so far as she is provided to the said lands and barony, for possessing and enjoying of the foresaid lands, barony, whole privileges and liberties contained in the rights and securities thereof, and according thereto. And our said sovereign lord renounces all action competent or that may be competent to his majesty and his successors for reducing, annulling or in any way taking away of the foresaid contract of marriage, infeftments following thereupon or of the forenamed whole infeftments, rights and securities specially and generally above-written. And our said sovereign lord, with advice and consent of the estates foresaid, ordains a new infeftment to be passed and completed by the treasurer principal, treasurer depute and other lords of exchequer of the foresaid lands, barony, privileges and liberties thereof and others above-written, freely and without charge to the said Master Andrew and to his successors succeeding in the said lands, barony and others above-written.

  1. NAS, PA2/21, f.113r-114r. Back