Legislation: private acts
Act in favour of John Campbell, fiar of Cawdor

Our sovereign lord and estates of this present parliament, considering the many good and thankful services done by John Campbell, fiar of Cawdor, and Sir John Campbell, his father, and others of his predecessors to the king's majesty and his most royal predecessors, and for encouraging of the said John Campbell and his successors to continue in their loyalty to the king's majesty and his successors, therefore to have ratified and approved and, by this act, ratify and approve the charter and infeftment under his majesty's great seal, of the date at Edinburgh, 6 February 1623, made and granted to the said John Campbell, fiar of Cawdor, by his majesty's late father of all and whole the lands and barony of Cawdor and others mentioned therein, with all privileges, offices and jurisdiction therein mentioned, with the precept and instrument of sasine following thereupon, of the date 15 March 1623; also the procuratory of resignation whereupon the same proceeded, which is of the date 9 August 1622, with the instrument of resignation following thereupon of the date 6 February 1623; together also with all his authors' and predecessors' infeftments of all the foresaid lands and baronies above-specified. As also the charter and infeftment of the barony of Islay, granted to the said John Campbell upon the resignation of Sir John Campbell of Cawdor, his father, of the date 4 September 1627, with the whole privileges, liberties and offices therein contained, together with the precept and instrument of sasine following thereupon, of the date 10 November 1627; as also the procuratory and instrument of resignation whereupon the same proceeded, which are of the dates 29 July 1626 and 1 September respectively. As also the original infeftment granted to the said Sir John, his father, of all and whole the foresaid lands and barony of Islay and pertinents, with the whole privileges, office, liberties and others therein specified. Likewise also his majesty, with consent foresaid, ratifies the infeftment granted by the late James [Sandilands], lord Torphichen, to the late Master Thomas Rollock of all and whole the temple lands of Arderseir and others specified in the said infeftment, of the date 26 December 1611, with the precept and instrument of sasine following thereupon, of the date 26 January 1612. As also the charter granted by the late Master Thomas Rollock to the said John Campbell, of the date 13 August 1626, of all and whole the foresaid temple lands, with precept and instrument of sasine according thereto, with his majesty's late father of ever blessed memory, his confirmation thereof, of the date 15 February 1627. As also his majesty, with consent foresaid, ratifies and approves the infeftment, charter and precept, with the sasine following thereupon granted by the said Sir John Campbell to the said John, his eldest son and apparent heir, to be held of himself, of the date 9 August 1622, of all and whole the barony of Kilmachronnage, with all privileges, jurisdictions and offices therein mentioned, together with the infeftment granted to the said Sir John, his father, by his majesty's late father of happy memory of the foresaid barony of Kilmachronnage and whole pertinents thereof, in the whole heads, points, articles thereof, privileges, offices and jurisdictions, which is of the date 1 April 1606, with the precept and instrument of sasine following thereupon; together also with all procuratories of resignation granted by the said Sir John in favour and for infefting of the said John Campbell, his eldest son and apparent heir in all the foresaid lands and barony of Kilmachronnage; together also with all his authors' and predecessors' rights, infeftments and securities of the foresaid barony of Kilmachronnage and whole pertinents of the same, in all and sundry heads, points, articles, clauses, privileges, offices and jurisdictions contained in any of the whole foresaid infeftments, rights and securities. And his majesty, with advice of the said estates, statutes, decrees and ordains that the said John Campbell, fiar of Cawdor, his charters, precepts and instruments of sasine and confirmation thereof, together with this act of ratification, to be a valid and sufficient security to him, his heirs and assignees specified therein of the whole lands, baronies and others therein contained, whereby they may possess the same as their proper heritage in all time coming, without any question to be moved against him relating thereto, notwithstanding of any acts, laws or constitutions heretofore made, which may in any way be derogatory hereto, or of any other impediment whatsoever, or of any defect or infirmity which may be alleged against the same if any be; with which, his majesty, with express advice foresaid, dispenses and ordains this present act to serve for a sufficient supplement of all such defects and infirmities if any be.

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Act in favour of Sir John Spottiswood of Dairsie

Our sovereign lord and estates of this present parliament ratify and approve the charter made and granted by his highness's late dearest father to Sir John Spottiswood of Dairsie, knight, his male heirs and assignees whatsoever heritably of the kirklands of Dairsie and the parish kirk thereof, together with the parsonage and vicarage teinds of the same manse and glebe thereof, fruits, rents and emoluments whatsoever pertaining to the said kirk, lying within the regality of St Andrews and sheriffdom of Fife, together with the parish kirk and parish of Dalgarno, parsonage and vicarage thereof, with manse, glebe and kirklands of the same and other fruits, rents and emoluments belonging thereto, lying within the sheriffdom of Dumfries, by the which charter his highness's said late dearest father dissolved and dismembered the said two parish kirks of Dairsie and Dalgarno, with their foresaids, from the lordships of St Andrews and Holyroodhouse respectively, to the which they were annexed of before as a part of the patrimony and spirituality thereof, and erected the said two parish kirks in two separate and distinct benefices by themselves. And likewise ratify and approve the new gift and disposition therein contained made to the said Sir John Spottiswood and his foresaids of the said kirklands of Dairsie and the said parish kirks of Dairsie and Dalgarno, with advocation, donation and right of patronage of the said two kirks united and annexed to the said kirklands of Dairsie to be held of our said sovereign lord and his highness's successors in free blench ferm, as at more length is specified in the said charter under the great seal, of the date at Whitehall, 5 June 1621, with the precept of sasine and instrument of sasine following thereupon, procuratories and instruments of resignation and demission whereupon the said charter proceeded in all and sundry the heads, points, passes, clauses, articles circumstances and conditions therein contained. And our said sovereign lord and estates of parliament allow and grant and, for his highness and his successors, decree and ordain that this present ratification of the said infeftments, precept and sasine following thereupon, procuratories and instruments of resignation and demission whereupon the same proceeded, is and shall be of as great force, strength and effect to the said Sir John Spottiswood and his foresaids for possessing of the said kirklands, teinds, kirks and others foresaid, advocation, donation and right of patronage of the same as if the same whole charter were at length specially and particularly herein set down; concerning which, and with all other defects and imperfections that 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 ratification, dispense for ever, and that the said ratification be further extended in the best form with all clauses necessary.

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Act in favour of [Alexander Forbes], laird of Pitsligo

Our sovereign lord and three estates of parliament presently convened, considering that the parish of Aberdour lying within the diocese and sheriffdom of Aberdeen is so great and spacious that the whole parishioners thereof cannot conveniently resort to the parish kirk of Aberdour to get the comfort of the word preached and the sacraments ministered to them thereat, and considering likewise that Alexander Forbes of Pitsligo, patron of the said parish kirk and parish of Aberdour, out of the fervent zeal which he has to the glory of God and for the more ease to himself and other parishioners of the said parish who dwell beside him at the east end of the said parish (in respect their dwelling, residence and remaining is far distant from the said kirk of Aberdour) has not only upon his own proper charges and expenses built and constructed a new kirk upon his lands and barony of Pitsligo, lying within the said parish of Aberdour, but also with consent of [Patrick Forbes], bishop of Aberdeen, and of the present minister and parson of Aberdour, titular of the said benefice, and of the heritors within the said parish, has divided, at the least is to divide, the same parish in two separate distinct parishes, and has presented a qualified minister to the said new built kirk upon the said lands of Pitsligo. Therefore, and for diverse other good causes and considerations moving his majesty, his highness, with advice and consent foresaid of the said three estates of parliament, has ratified, approved and confirmed and, by this act, ratifies, approves and confirms all divisions, one or more, made, or to be made, of the said parish of Aberdour, between the said patron, with consent of the other heritors within the same parish, and the minister and parson present and to come serving the cure at the said kirk of Aberdour, in the whole heads, articles, clauses, conditions, bounds, limits, meiths and marches thereof, and also all resignations and modifications of stipends that are already, or shall happen to be, assigned and modified hereafter to the minister, present and to come, serving the cure at the said newly built kirk, with all manses, glebes and kirklands that are already, or shall happen hereafter, to be designed thereto, admitting hereby the said divisions, assignations, modifications and designations to be as valid and sufficient as if the same were expressly set down and engrossed herein; concerning which, our said sovereign lord and estates foresaid by this act, dispenses for ever. And further our said sovereign lord and estates foresaid have created and erected and, by this act, create and erect the said newly built kirk upon the said lands of Pitsligo in a separate parish kirk per se, and also the whole lands divided or to be divided from the said parish of Aberdour in a separate parish per se to be called in all time coming the parish kirk and parish of Pitsligo. And because the said Alexander Forbes of Pitsligo is undoubted patron of the said parish kirk and parish of Aberdour (whereof the said newly erected kirk of Pitsligo and parish thereof is a part), therefore our said sovereign lord and estates foresaid, by this act, declare that the said Alexander Forbes of Pitsligo, his male heirs and successors in all time coming, shall remain undoubted patrons of the said parish kirk and parish of Pitsligo and shall have the only undoubted right of presentation of the ministers present and to come serving the cure thereat in all time thereafter, as freely as if the same had not been divided and disjoined from the said kirk and parish of Aberdour in manner foresaid, without prejudice always of their right of patronage of the same parish kirk and parish of Aberdour, whereupon this act shall in no way be prejudicial. And that this present ratification, approbation and erection be extended in the best form with all clauses needful, and be inserted and registered in the books and registers of parliament, and this act to be a sufficient warrant for that effect.

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Act in favour of [David Lindsay], laird of Edzell

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's late dearest father of worthy memory under the great seal, of the date at Edinburgh, 17 August 1588, in favour of the late Sir David Lindsay of Edzell, knight, in liferent for all the days of his lifetime, and of David Lindsay, now of Edzell, his eldest lawful son, and his male heirs and of tailzie specified therein, of all and whole the barony of Glenesk, comprehending the lands, baronies, mills, woods, fishings, patronages, offices, mines, metals, burgh of barony and others mentioned in the said charter, together with the precept and instrument of sasine following thereupon; and also the charter made and granted by his majesty of the date 19 March 1632, in favour of Mistress Anna Wemyss, spouse to Alexander Lindsay, fiar of Edzell, eldest lawful son to the said David Lindsay of Edzell, under his majesty's great seal, of certain particular lands therein specified, and of the said Alexander Lindsay and his male heirs and of tailzie therein contained, of the barony of Glenesk, comprehending the lands, baronies, patronages, mines, metals, burgh of barony and others particularly mentioned and expressed in the said charter under the reservations, provisions, conditions and limitations particularly and generally therein mentioned, together also with the precept and instrument of sasine following thereupon, in all and sundry heads, points, articles and clauses contained therein, after the forms and tenors thereof, which charters were both shown and produced to his majesty and estates of this present parliament; and declares, statutes and ordains that this present confirmation of the two charters above-mentioned, and of the precepts and instruments of sasine following thereupon, is and shall be as valid, effectual 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. Likewise his majesty, with consent foresaid, wills, statutes and ordains that the said infeftments with this present ratification thereof are, and shall be, sufficient, lawful and valid rights and securities to the said David Lindsay and his said son, and to their heirs and successors, for the peaceable possessing and enjoying in all time coming of the lands, baronies, patronages, mines, metals, burgh of barony and others mentioned in the said charters, which are and shall be held as particularly inserted and repeated herein, ordaining this act to be a sufficient warrant to the clerk register and his deputes for extending of an act hereupon in due form.

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Act in favour of [James Sydserf], laird of Ruchlaw

Our sovereign lord, with advice and consent of the three estates of this present parliament, by the tenor hereof, ratifies and approves the feu charter made and granted by his majesty's late dearest father of worthy memory under his highness's great seal, of the date 16 October 1618, to and in favour of the late William Sydserf of Ruchlaw, his male heirs and of tailzie therein contained, of all and whole the lands of Ruchlaw and mill thereof, built by the said late William Sydserf, with the multures and sequels of the same, manor place, houses, buildings, yards, orchards, annexes, connexes, parts, pendicles and all their pertinents, and all and whole the lands of Howden, with the parts, pendicles, annexes, connexes and pertinents thereof whatsoever, together with commonty and common pasturage within the muir of Lammermuir used and wont and with privilege and liberty of casting and leading away of fuel, peats and heather within the same, all lying within the constabulary of Haddington and sheriffdom of Edinburgh, proceeding upon the forfeiture of the late George [Dunbar] and the late Alexander [Stewart], earls of March, or either of them, as being proper parts and pertinents of the said earldom of March, and pertaining to his majesty's said late dearest father, and being in his highness's and his predecessors' hands by reason of forfeiture through the process and doom of forfeiture, orderly led and deduced against the said late George, earl of March or the late Alexander, earl of March, for certain crimes of treason and lese-majesty committed by them, whereof they were convicted in parliament, as in the process and doom of forfeiture led and deduced relating thereto at more length is contained, to be held of his majesty's said late dearest father and his highness's successors in fee and heritage for yearly payment of the sum of 40 merks usual money of this realm of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, and also the heirs of the said late William Sydserf doubling the said feu ferm the first year of their entry to the lands and others foresaid, as use is, of feu ferm only, together with the precept of sasine following upon the said charter of the date foresaid thereof and the instrument of sasine given by virtue of the said precept in all points, heads, articles and clauses therein contained, after the forms and tenors thereof; and decrees and ordains this present confirmation of the said charter, precept and instrument of sasine to be as valid, effectual and sufficient 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 foresaid charter, precept and instrument of sasine following thereupon, and this present ratification thereof, with the infeftment and sasine of the lands and others foresaid made to Master James Sydserf, now of Ruchlaw, and his heirs and assignees therein mentioned, by disposition and resignation of his said late dearest father, are and shall be sufficient, lawful and valid rights and securities to the said Master James Sydserf and his foresaids for possessing and enjoying of the lands and others above-written according to their said infeftments thereof perpetually in all time coming, 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.

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Act in favour of John Sinclair of Stevenson

Our sovereign lord and estates of parliament ordain an act to be made therein in favour of his majesty's beloved John Sinclair of Stevenson, ratifying, approving and, for his highness and his successors, perpetually confirming the alienation, disposition and vendition made to him, his heirs and assignees whatsoever by John [Erskine], earl of Mar, lord Erskine and Garioch etc., with advice of Dame Mary Stewart, countess of Mar, his spouse, lady conjunct fiar of the same, for themselves and taking the burden upon them for John and Charles Erskine, their sons; and also the said John and Charles, for themselves, with express advice and consent of the said John, earl of Mar, their father and administrator, and also with advice and consent of John, lord Erskine and James [Erskine], earl of Buchan, lord Auchterhouse and Glendowachie, and John Erskine of Little Sauchie, their curators, for their interests, of all and whole the kirklands of Pencaitland, with the mansion houses, buildings, yards, orchards, barns, barnyards, tenants, tenancies and service of free tenants, feu ferms, parts, pendicles and pertinents thereof, and also of all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, of the said kirklands with the pertinents, and also of all and sundry the teind sheaves, as well great as small, as well vicarage as parsonage, of all and whole the said John Sinclair's lands and barony of Wester Pencaitland and steads and possessions thereof called Foulstruther, Broomrigg, Magrye, Mylnetown, mill and mill lands of Mylnetown, Crinshburne and Woodhall, with all their parts, pendicles and pertinents of the said lands of Wester Pencaitland and of all other lands, steads and possessions, as well not named as named, lying within the parish of Pencaitland pertaining of before in property to John Sinclair of Hirdmestoune and to Sir John Sinclair, his son, fiar thereof, and now to the said John Sinclair, lying within the constabulary of Haddington and sheriffdom of Edinburgh, which disposition and alienation is of the date the [...] day of [...] 16[...], together with the procuratory of resignation therein contained and instrument of resignation following thereupon; together also with the charter given by our said sovereign lord to the said John Sinclair of the same kirklands and teinds respectively above-written, of the date 9 August 1630, and precept and instrument of sasine given according thereto, together with the tack and assedation set by the said noble earl and other persons above-named to the said John Sinclair and his foresaids of the said whole teinds, both parsonage and vicarage, of the lands and others above-written of certain years therein mentioned, of the date the [...] day of [...] 16[...]; together with the decreet of valuation led and deduced before the sub-commissioners of Haddington regarding the teinds of the said lands of Wester Pencaitland, of the date [...] day of [...] 16[...], together with the act of mitigation made of the same valuation by the lords of his majesty's commission, of the date the [...] day of [...] 16[...], together with all others charters, infeftments, tacks, assedations, rights, titles and securities made to the said John Sinclair, his authors and predecessors, of and concerning the lands and others above-written or any part thereof of whatsoever date, tenors or contents the same be of, or bears, in the whole heads, clauses and conditions thereof. And will and grant and, by this act, expressly declare that this present ratification of the premises in general, without prejudice of the speciality foresaid, be as sufficient to the said John Sinclair and his foresaids as if all the same rights were herein specially inserted, ratified and approved, and find and declare that the same rights generally and specially above-written, together with this present act of ratification, be good and sufficient rights to the said John Sinclair and his foresaids for possessing and enjoying of the said kirklands and teinds, both great and small, parsonage and vicarage thereof, and of the other lands of Wester Pencaitland, comprehending as said is, without any obstacle, impediment or contradiction whatsoever to be made and moved against him and his foresaids thereof.

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Act in favour of Thomas Crombie of Kemnay

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 Thomas Crombie of Kemnay and Margaret Kerr, his spouse, their heirs and assignees underwritten, 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 majesty and successors, perpetually confirm the charter and infeftment of the date at Holyroodhouse, 1 July 1624, made, given and granted by his highness's late dearest father James, king of Great Britain, France and Ireland, defender of the faith, of worthy memory, with advice and consent of his majesty's principal treasurer, treasurer depute and other lords of secret council, his majesty's commissioners for the time, to the said Thomas Crombie, then designed writer to his majesty's signet, now of Kemnay, and to his heirs and assignees therein mentioned, of all and whole the lands and barony of Kemnay, with manor place, mills, multures, orchards, yards and salmon fishings upon both the sides of the River Don, cruives, privileges, liberties, casualties, commodities, profits, duties and others at more length specified and contained in the said charter and infeftment, containing therein a particular part and portion of the said lands and barony conveyed expressly to the said Margaret Kerr, spouse to the said Thomas, in liferent, with a new gift and disposition of the said whole lands and barony proceeding upon the resignation of Sir William Douglas of Glenbervie, knight, and with the teind sheaves of the town and lands of Inverurie, mill lands and [...] lands proceeding upon the resignation of Sir Alexander Irvine of Drum and of Dame Margaret Scrymgeour, his spouse, and the late Alexander Irvine of Drum, his father, united and annexed in a whole and free barony called the barony of Kemnay, to be held of our sovereign lord and his majesty's successors in fee and heritage, taxed ward and free barony for ever; together with another charter and infeftment made, given and granted by his majesty's said late dearest father of worthy memory, with advice of his principal treasurer and lords of secret council, his majesty's commissioners for the time, of the date at Newmarket, 3 December 1622, to the said Sir William Douglas of Glenbervie, knight, author to the said Thomas, and to his male heirs and assignees whatsoever, of all and whole the said lands of Kemnay, with the mills thereof and their pertinents, lying within the sheriffdom of Aberdeen, proceeding upon the resignation of William [Douglas], now marquis of Douglas, then styled earl of Angus, lord Douglas and Abernethie etc., containing also therein a new gift and disposition of the said lands, mills, salmon fishing, cruives, ferry boat, privileges, liberties and others at length specified in the said charter, all united, erected and incorporated in a free barony, to be held of his highness's said late dearest father and his majesty's successors in fee heritage, taxed ward and free barony for ever, with the precepts of sasine and instruments of sasine respectively following upon the said two charters and each one or either of them in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions contained in the said two charters, precepts and instruments of sasine and each one of them, and after the form and tenor thereof in all points. Likewise our said sovereign lord and estates of parliament will and grant and, for his majesty and successors, perpetually decree and ordain that this present ratification of the said two charters, precepts and instruments of sasine following thereupon is and shall be of as great strength, force and effect to the said Thomas Crombie and to his heirs and assignees contained in the said infeftment, and also to the said Margaret Kerr, spouse to the said Thomas, in liferent for her part and portion for possessing, enjoying, assigning and conveying upon the said lands and barony of Kemnay, salmon fishings, cruives, ferry boat, mills, multures and others specified in the said infeftments conforming and according to the conditions and provisions therein mentioned, as if the said charters, precepts and sasines were all at length word by word herein inserted and engrossed, and notwithstanding thereof and of whatsoever objection, question, defect or imperfection that may be alleged or proposed in the contrary, his majesty and estates of parliament have and, by this act, dispense for ever. And further our said sovereign lord, with consent foresaid, gives full power and liberty to the said Thomas Crombie and his foresaids to intend, prosecute and pursue all actions and causes which are, or in any way may be, competent to his majesty regarding the said lands and barony, salmon fishings, ferry boat, cruives, privileges and commodities thereof and others above-written contained in the said two infeftments, or either of them, by virtue of any right which his majesty has or may pretend thereto against whatsoever person or persons, and to prosecute and pursue the said actions to the final end and decision thereof, likewise and as freely as his majesty might do himself.

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Act in favour of Sir Patrick MacKie of Larg, knight

Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm a charter and infeftment under the great seal, dated 2 February 1619, granted by our said sovereign lord's late dearest father of eternal memory, for himself and as father and administrator for the time to his majesty that now is, his highness's dearest son, to and in favour of Sir Patrick MacKie of Larg, knight, and to the male heirs lawfully procreated or to be procreated of his body, which failing to his nearest and lawful eldest female heir without division, of all and whole the lands and barony of Larg, comprehending the particular lands, mills, woods, fishings, burgh of barony of Minnigaff, fairs, markets, privileges, liberties, immunities and all others generally and particularly expressed and set down in the foresaid charter and infeftment, together with the instrument of sasine following thereupon, in all and sundry heads, points, clauses and conditions mentioned and expressed in the said charter and infeftment, which his majesty and estates foresaid declare to be held as for expressed and set down herein at length and word by word. And further, our said sovereign lord and estates foresaid declare and ordain the foresaid charter and infeftment to have been and to be a good, valid and perfect right and security to the said Sir Patrick MacKie, his heirs and successors for their heritable and perpetual holding, enjoying, using and possessing of the foresaid lands, barony, burgh of barony, fairs, markets, privileges, liberties and immunities thereof and all other lands, heritage, mills, woods, fishings and others generally and particularly contained in the said charter and infeftment after the form and tenor thereof in all points.

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