[1633/6/155]*[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 or letters patent made and granted by his majesty, of the date at Whitehall, 10 May 1628, whereby, and for the causes onerous therein contained, his majesty separated, dismembered and divided in all time thereafter the lands of Portrie and Kinhilt and twenty merk land called Sorbie's Lands, lying within the sheriffdom of Wigtown, from the kirk and parish of Inch, within the which the same did lie of before, and erected the said lands and barony of Portrie and Kinhilt with the said twenty merk land called Sorbie's Lands and whole bounds within the same in a separate and distinct parish, and ordained the kirk then being built within the burgh of Portpatrick, alias Port Montgomery, to be the parish kirk thereof in all time thereafter, and ordained the said kirk to be planted with a sufficient pastor and minister to serve the cure thereat as a separate parish kirk, and ordained the whole inhabitants of the said burgh of Portpatrick, alias Port Montgomery, with all other inhabitants within the said lands and barony of Portrie and Kinhilt and twenty merk land foresaid called Sorbie's Land, to repair to the said kirk of Portpatrick, alias Port Montgomery, to the pious uses therein mentioned, and whereby his majesty erected the said kirk in a separate title and rectory to be called the rectory of Portpatrick and gave, granted and conveyed to Hugh [Montgomery], viscount of Montgomery of Airds, his heirs and successors, the advocation, donation and right of patronage of the said rectory, with the right of presentation and nomination of the ministers to serve at the said kirk in all time thereafter, and united and annexed the same advocation, donation and right of patronage of the said rectory to the foresaid barony of Portrie and Kinhilt pertaining heritably to the said Hugh, viscount of Montgomery. And also, by this act, ratifies and approves the charter of mortification made and granted by his majesty under his highness's great seal, of the date at Hampton Court, 25 October 1630, whereby his majesty suppressed and extinguished the name and title of the abbacy of Soulseat, to the effect that the whole teinds, fruits, rents and duties pertaining to the said abbacy might be mortified, united and annexed to the kirk of Portpatrick, under the reservations mentioned in the said charter of mortification, and whereby his majesty mortified, united and annexed to the said kirk of Portpatrick, and to the minister serving the cure thereat and his successors for ever, the whole teinds, parsonage and vicarage great and small, kirks, rents, profits, duties and emoluments pertaining of before to the said abbacy and spirituality thereof, reserving to his majesty and his successors the presentation of the ministers of the kirks of Soulseat and Kirkmaiden in the Rhinns, which were of before the only two kirks of the said abbacy, together with the whole local stipends and teinds of the said kirks paid to the ministers serving the cure at the same kirks and their successors already modified to them, and whereof they were in possession before the date foresaid of the said last charter, and whereby his majesty gave, granted and conveyed to the minister serving the cure at the said kirk of Portpatrick and his successors the whole rest and remaining teinds, parsonage and vicarage, fruits and rents of the said two kirks of Soulseat and Kirkmaiden (over and above the local stipends above-mentioned) to remain with the said kirk of Portpatrick as a part of the patrimony thereof for ever, and whereby his majesty gave, mortified and assigned to the said minister of Portpatrick and his successors the whole feu ferms and feu mails of the whole temporal lands of the said abbacy of Soulseat of the crop and year of God 1630, Whitsunday [16 May] and Martinmas [11 November] terms thereof, and of all years and crops thereafter under the declaration and provision mentioned in the said last charter in all and sundry points, articles and clauses contained in the said two charters, after the forms and tenors thereof. And declares and ordains that this present ratification of the said two charters, both under the great seal, is and shall be as good and sufficient in all respects as if the same two charters were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification. Likewise his majesty, with advice and consent foresaid, by this act statutes and ordains that the foresaid first charter or letters patent and this present ratification thereof are, and shall be, sufficient rights and securities to the minister of the said kirk of Portpatrick, alias Port Montgomery, and his successors for possessing and enjoying of the teinds thereof provided to him and to the said Hugh, viscount of Montgomery of Airds and his foresaids, for the peaceable possessing and enjoying of the said advocation, donation and right of patronage of the said parish kirk or rectory, and of the right of presentation and nomination of the ministers to serve the cure at the said kirk in all time coming. And likewise that the foresaid last charter and this present ratification thereof are, and shall be, a sufficient, valid and lawful right and security to the said minister of Portpatrick and his successors for holding, enjoying and possessing of the teinds, parsonage and vicarage, fruits, rents, emoluments, feu ferms, feu mails and others above-mentioned mortified to them by the said last charter perpetually in all time coming under the declaration and provision therein mentioned, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due and competent form, with provision always that this present ratification shall in no way be prejudicial to [Sir Robert Adair], laird of Kinhilt, his rights and infeftments, but that the same shall remain with him unhurt as of before.
[1633/6/156]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of parliament presently convened, ratifies, approves and confirms a contract and appointment, of the date 25 May 1632, registered in the books of council and session upon 28 May 1632, made between Sir William Hamilton of Elieston, knight, son and heir served and retoured to the late Sir Claud Hamilton of Shawfield, knight, his father, on the one part, and Sir Arthur Douglas of Whittingehame, knight, designed therein Arthur Douglas of Whittingehame, on the other part, by virtue whereof, and for the causes therein contained, the said Sir William Hamilton, son and heir foresaid, has sold, assigned, transferred and conveyed to and in favour of the said Sir Arthur Douglas, his heirs and assignees the assignation and right made by Sir George Hamilton of Greenlaw, knight, to and in favour of the said late Sir Claud Hamilton, father to the said Sir William, of the tack and assedation of the teinds, parsonage and vicarage, of Whittingehame, with the parts, pendicles and pertinents thereof whatsoever, and the said tack and assedation assigned to the said late Sir Claud, by virtue thereof, of the dates, tenors and contents specified in the said contract, together with all other rights, tacks, assignations, dispositions and others whatsoever made and conceived in favour of the said Sir Arthur Douglas and his authors of and concerning the said teinds, parsonage and vicarage, of Whittingehame, parts, pendicles and pertinents thereof, in the whole heads, articles, clauses and conditions of the same, willing and declaring that the generality hereof shall be in no way prejudicial to the said Sir Arthur and his foresaids, but the same to be as valid and effectual to him and his foresaids as if the whole tenor and clauses thereof were particularly herein engrossed word for word. And declares the same rights to be good, valid and sufficient to the said Sir Arthur Douglas and his heirs, whereby they may possess the said teinds in all time coming during the time and years contained in the said tacks and rights of the said teinds.
[1633/6/157]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of 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 to Master William Drummond of Hawthornden, his heirs and assignees of all and whole that half of all and sundry the lands of Newton of Rires and whole portion thereof, with the manor place, houses, buildings, outsets, orchards, yards, dovecots, tofts, crofts, coals, coal pits, mills, multures, annexes, connexes, parts, pendicles, privileges, pastures and all their pertinents whatsoever, lying within the lordship and stewartry of Fife, which pertained of before to the late Sir William Scott of Elie, knight, one of the ordinary clerks before the lords of council and session, or to some others, his pretended intermediary or immediate authors thereof, held by him or them immediately of his majesty or his highness's predecessors, as being become in his majesty's hands at his highness's gift and disposition by diminution of his highness's rental thereof, and by omission by the said late Sir William Scott and by some of his pretended authors thereof, intermediary or immediate, at the least by the said late Sir William himself in his or their infeftments thereof granted by his majesty or his predecessors of the clause regarding the marriage of the feuars thereof contained in the original infeftment of feu ferm of the same therein specified in manner therein mentioned, which charter contains a new gift and feu of the lands and others foresaid made, granted and set by his majesty to the said Master William Drummond and his above-mentioned of the lands and others above-specified, with a supplement of all things lacking in ample form, and which charter is dated at Denmark House, 20 July 1629, with the precept and instrument of sasine following thereupon in all points, heads, articles and clauses mentioned therein, and decrees and ordains this present ratification thereof to be as sufficient in all respects as if the same were at length inserted herein. And for the said Master William Drummond and his foresaids, their better right and security of the lands and others above-specified, his majesty, with advice and consent above-written, by the tenor, hereof dissolves the lands and others above-written from his majesty's crown and patrimony thereof, to the effect that his majesty may give, grant, convey and set in feu ferm to the said Master William Drummond and his above-specified the lands and others above-mentioned as being become in his majesty's hands, at his highness's gift and disposition in manner above-written, to be held of his majesty and his successors in feu ferm for the yearly payment to his majesty and his successors, their comptrollers, collectors, chamberlains and factors present and that shall be for the time of the sum of £13 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, 10 bolls of wheat, 12 bolls and 2 firlots of barley, 24 domestic fowl and 12 capons at the terms of payment used and wont, in name of feu ferm, and also the heirs of the said Master William Drummond doubling the said feu ferm the first year of their entry to the said lands, with the pertinents, as use is of feu ferm, and likewise building and upholding a sufficient mansion, with hall, chamber, kitchen, barn, byre, dovecot and other place necessary upon the ground of the said lands corresponding thereto, together with the marriage of the heirs of the said Master William Drummond and his foresaids when it shall happen, and paying all others duties and keeping and fulfilling all other clauses and conditions (if any be) contained in the old infeftments, tacks or rentals of the said lands, which are held as expressed in the said charter, ordaining this ratification to be a sufficient warrant to the clerk register and his deputes for extending of an act of parliament hereupon in due form.
[1633/6/158]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain a ratification to be made in favour of the deacon and other brethren, burgesses and freemen of the skinner craft within the burgh of Edinburgh and their successors, in due form, ratifying, approving and, for his highness and his successors, perpetually confirming the letters, act, decreet and ratification therein contained, made, given and granted upon 26 November 1630, by the then provost, bailies, dean of guild, treasurer and remainder of the council and deacons of crafts within the burgh of Edinburgh convened to council, upon supplication made to them by the deacon of the said skinner craft for the time, for himself and in name and on behalf of the other brethren, burgesses and freemen of the said craft within the said burgh, to the same deacon and other brethren, burgesses and freemen of the said skinner craft within the said burgh and their successors and in their favour, whereby the said provost, bailies, council and deacons of crafts of the said burgh have ratified and approved the particular articles specially and particularly expressed in the said letters and act made as well for observing of order and policy amongst the said deacon and other brethren, burgesses and freemen of the said craft, as for their liberation from the injuries from others, and great damage sustained by them by the great multitude of unfreemen of the said craft within the said burgh and outwith the same in the suburbs thereof, to the effect that good order and policy may be observed among the brethren of the said craft, and that they may be preserved from the injury and oppression which may befall to them by unfreemen and strangers who, without any warrant, usurp the liberty and privilege of the said craft, as the said articles at length inserted in the said letters and act bear. And all the clauses and circumstances of the said articles, as being found by the said provost and bailies, council and deacons of craft of the said burgh, after their reading, consideration, long conference and consultation thereupon, and therewith being ripely advised, to be most reasonable, lawful, and profitable for the honour, well and policy of the said craft, and the said provost, bailies, council and deacons of crafts have interposed their authority thereto, and decreed that they are to be kept and observed in all time coming, and have commanded the officers present and to come to put the same to due execution in all points against the contraveners and breakers thereof under the pains therein contained in manner therein mentioned, as in the said letters, act, decreet and ratification therein contained of the date foresaid, under the sign and subscription manual of the common clerk and seal of cause of the said burgh, at more length is contained; and the confirmation granted thereupon by our said sovereign lord the king's majesty, with advice and consent of his highness's principal treasurer, treasurer depute and other lords of his highness's exchequer of Scotland, his majesty's commissioners, to and in favour of the said deacon and other brethren, burgesses and freemen of the said skinner craft within the said burgh of Edinburgh, and their successors, under his majesty's great seal, of the date at the palace of Whitehall in England, 25 March 1631, as the same confirmation also bears in all and sundry the heads, points, clauses, articles and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of this present parliament will, grant, decree and ordain all the heads and articles contained in the said letters, act, decreet and ratification therein contained, confirmed as said is, made and granted in favour of the said deacon and other brethren, burgesses and freemen of the said skinner craft within the said burgh of Edinburgh and their successors, and for their good order, policy and utility in manner therein contained, to be duly observed, kept and obeyed in all time coming, and to be put to due execution in all points against the contraveners and breakers thereof, under the pains therein contained in manner therein mentioned in all points. As also our said sovereign lord and estates of parliament will, grant, declare and ordain that this present ratification of the said letters, act, decreet and ratification and articles contained therein, and of his highness's said confirmation thereof, is, and shall be, as valid and sufficient and of as great force, strength and effect to the said deacon and other brethren, burgesses and freemen of the said skinner craft within the said burgh of Edinburgh and their successors for possessing and using of the liberties therein contained in all time coming, as if the same letters, act, decreet, ratification and articles therein contained and his highness's said confirmation thereof were all at length word by word inserted and contained in the said ratification, notwithstanding the same shall not be so done; concerning which, 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 due form with all clauses necessary.
[1633/6/159]*[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 precept of sasine granted by William [Douglas], earl of Angus etc., commissioners for the time, for infefting of Master James Nicolson, now of Cockburnspath, in all and whole the lands, lordship and barony of Cockburnspath, with the tower, fortalice, houses, buildings, town, mains, copses, woods, mills, multures, fishings, coals, coal pits, salt-pans built and to be built thereupon, parts, pendicles and whole pertinents of them, together with the lands of Bowshiel, Paddokcleuch, Rawchinsyde and Tourly, with all and sundry outshots, parts, pendicles and whole pertinents of the same, annexes, connexes, tenants, tenancies, service of free tenants thereof and all their pertinents, lying within the sheriffdom of Berwick, as heir to the late Master Thomas Nicolson of Cockburnspath, commissioner of Aberdeen, his father, of the date 28 and 29 October 1625, with the instrument of sasine following thereupon. And also the charter of alienation of the lands and others foresaid made by John Arnott of Cockburnspath and James Arnott, merchant burgess of Edinburgh, his father, to the said late Master Thomas Nicolson, his heirs and assignees, of the lands and others above-specified, to be held of the said William, earl of Angus, of the date 30 August 1621, and the precept of sasine therein contained and instrument of sasine following thereupon. And the charter of confirmation made by the said William, earl of Angus, of the date 30 August 1625, confirming the charter of alienation above-specified. As also the charter of alienation made by the late William Arnott of Cockburnspath to the said John Arnott, his son, and Margaret Craig, his spouse, of the lands and others above-specified, under the reservations and restrictions therein mentioned, to be held of the said earl of Angus, dated 26 May 1612, the instrument of sasine following thereupon, of the date foresaid of the same charter, and the confirmation of the charter of alienation immediately above-mentioned made by the said earl of Angus, dated 26 March 1616. And in like manner the charter of alienation of the lands and others foresaid made by James [Douglas], lord Torthorwald, and Elizabeth Gordon, his spouse, to the said late William Arnott, to be held of the earl of Angus for the time, dated 18 April 1609, and the precept of sasine contained therein, and instrument of sasine following thereupon, and the confirmation of the charter of alienation immediately above-mentioned made by the earl of Angus's commissioners, dated 3 June 1609. The charter of alienation of the lands and others foresaid made by the late James Douglas of Torthorwald to the said James, lord Torthorwald, then designed James Douglas, his son, and the said Elizabeth Gordon, his spouse, to be held of the earl of Angus, dated 18 July 1604, and precept of sasine contained therein, and instrument of sasine following thereupon, and the confirmation thereof granted by the said William, now earl of Angus. As also the charter granted by Archibald [Douglas], earl of Angus, to the said late James Douglas of Torthorwald of the lands and others foresaid, to be held of the said earl of Angus, of the date 6 February 1587, and the precept of sasine therein contained, and instrument of sasine following thereupon. And the charter granted by the late King James V to the late Archibald [Douglas], earl of Angus, his heirs and assignees specified therein, of the said lands, lordship and barony of Cockburnspath, to be held of his majesty, of the date the [...] day of [...] 15[...], with the precept and instrument of sasine following thereupon. And in like manner the tack and assedation set by the late Dame Elizabeth Home, prioress of the abbacy of St Bathans, for herself and as commissioner for the late Adam [Cuming], commendator of Beauly, her spouse, and having power of him to intromit with and uplift all and sundry the fruits, rents, teinds and duties of the said prioress of St Bathans, and to set tacks long or short thereof and convey thereupon at her pleasure, of the date 27 July 1613, whereby she set in tack and assedation to the late Alexander [Home], earl of Home, his heirs and assignees therein mentioned, for the whole space of three lifetimes and three 19 years therein expressed, all and whole the teind sheaves of the towns, lands and mains of Cockburnspath and certain other lands therein expressed, lying within the parish of Cockburnspath and the said sheriffdom of Berwick, for payment of the yearly duty therein mentioned, in so far as the same tack and right thereof is assigned to the said Master James Nicolson in manner after-mentioned. Together with the contract passed between Mary [Sutton], countess of Home, and the late James [Home], earl of Home, her son, male heir of the said late Alexander, earl of Home, tacksman foresaid, both with one consent and assent, on the one part, and the said Master James Nicolson of Cockburnspath on the other part, of the date 25 June 1631, whereby the said countess and the late earl of Home made and constituted the said Master James Nicolson and his heirs cessioners and assignees in and to the foresaid teind sheaves of the said lands and mains of Cockburnspath, Chapelhill and Rawchinsyd, with all and sundry their outsets, annexes, connexes, parts, pendicles and pertinents thereof whatsoever of the crops and years of God 1630 and 1631, and of all years and crops thereafter during the lifetime, years and spaces contained in the foresaid tack and assedation to run, and in and to the same tack, clauses of warrandice therein contained and all other conditions, heads, articles and clauses specified therein conceived and set down or that may be interpreted in favour of the said late James, earl of Home, and all action, instance and execution competent or that may be competent to the said late James, earl of Home, his said mother or either of them, their heirs or assignees, by virtue thereof in all and sundry points, articles and clauses therein contained, after the forms and tenors thereof, and wills, declares, statutes and ordains that this present ratification of the same is and shall be as valid, effectual and sufficient in all respects as if the same were at length and word by word inserted therein, dispensing hereby with the not inserting thereof. And further his majesty, with advice and consent foresaid, decrees, declares and ordains that the said Master James Nicolson and his foresaids shall peaceably possess and enjoy the lands and others above-specified pertaining to him heritably as said is perpetually in all time coming, and the teinds foresaid during the whole lifetimes, years and spaces contained in the said tack and assedation thereof above-specified, according to the charters, precepts, sasines, confirmations, tacks and assedations thereto above-mentioned; and that notwithstanding of any restitution of any persons heretofore forfeited or yet by the forfeiture led and deduced against any superiors of the said lands or by any other laws, constitutions, revocations, dissolution or acts of parliament whatsoever whereby the said Master James or his authors' rights of the lands, teinds and others foresaid may be quarrelled or called in question, which his majesty, with advice and consent foresaid, holds here as expressed; and that this generality thereof shall be as sufficient as if every act, constitution, dissolution, forfeiture, restitution or revocation were herein expressed, and a special reservation and exception of the said John Arnott's rights of the lands and others above-specified excepted and reserved therein, discharging his majesty's treasurer, comptroller, advocate or any other having power or right of his majesty to quarrel, trouble or molest the said Master James Nicolson or his foresaids in the peaceable possessing and enjoying of the lands, teinds and others above-specified and every part thereof for any cause bygone. Whereof his highness, with advice foresaid, has declared and declares this present act to be a sufficient supplement of all faults, as well as if provisions and remedies necessary were specially mentioned and expressed herein, 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 and competent form.
[1633/6/160]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the contract made at St James's beside London, 8 November and at Edinburgh, 24 December respectively, 1631, between his majesty, with consent of his highness's treasurer principal, treasurer depute and others of his majesty's exchequer of this kingdom, on the one part, and his highness's right trusty cousin Charles [Seton], earl of Dunfermline, with consent of his curators James Richardson of Smeaton, Robert Douglas, Robert Vernor, William Marston, Thomas Foreman, Robert Mason, William Henderson, Thomas Smith, James Robertson, Robert Strachan, John Vernor, Richard Allan, Walter Smart, James Duncan, Archibald Hislop, George Anderson and Robert Penman and other feuars of the lands of Inveresk, lying within the lordship of Musselburgh, regality of Dunfermline and sheriffdom of Edinburgh, specially designed and set down in the said contract, on the other part, registered in the books of exchequer of the said kingdom at Edinburgh, 6 January 1632, whereby his majesty, with consent foresaid, faithfully promised to make and perfect to the said heritors respectively, their heirs and successors in the right of their said lands respectively all lawful and valid securities for possessing of the teind sheaves of their said lands respectively, perpetually and for ever in all time coming; and for that effect willed and declared that the said teind sheaves should be united and incorporated to the said lands, each one of them for their own parts respectively, according to the proportion of the property thereof, and to grant passes and complete and issue to the said heritors and their foresaid infeftments of their said lands with the teinds included to the effect the said lands may be possessed jointly in stock and teind by the heritors of the same for ever, to be held of his majesty and his highness's successors in feu ferm and heritage for the yearly payment of the feu ferm duty contained in the several infeftments of the said feuars, their said lands, and also for payment of the rental bolls, every one of them for their own parts, to be added to the said feu mails in manner particularly set down in the said contract and with declaration that the said rental bolls shall not be doubled at the entry of the heirs, but only the old feu ferm duty contained in the said heritors' infeftments of the said lands, and the other conditions whatsoever contained in the said contract expressed, set down and conceived in favour of the said heritors, their heirs and successors, with the infeftments whatsoever following or to follow thereupon, and all that has followed or may follow upon the same in all and sundry the heads, points, clauses, articles, circumstances and conditions thereof, and after the forms and tenors of the same in all points, so that it is and shall be rightful and lawful to the said heritors, and each one of them, to pass and issue infeftments by resignation or otherwise in favour of themselves, their heirs, assignees or successors, each one of them of their own lands, with the teinds included, for payment of the duties contained and mentioned in the said contract in all time coming, and to secure themselves therein for their possessing of the said teinds with the stock heritably and irredeemably for ever, without contradiction.
[1633/6/161]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this parliament ordain a ratification to be made therein ratifying, approving and, for his highness and his successors, perpetually confirming, likewise by the tenor hereof our said sovereign lord and estates of parliament ratify, approve and, for his highness and his successors, perpetually confirm the charter made, given and granted by our said sovereign lord, with advice and consent of his principal treasurer, treasurer depute and other lords of his highness's exchequer of Scotland, his highness's commissioners, to and in favour of his highness's beloved James Scott, eldest lawful son to Hugh Scott of Deuchar, procreated between him and Jean Pringle, his spouse, daughter to Sir James Pringle of Galashiels, knight, his male heirs and assignees whatsoever heritably, of all and whole the lands and barony of Galashiels, comprehending the particular towns, lands, burgh of barony, advocation, donation, right of patronage and others underwritten, namely: all and whole the lands and steadings of Galashiels and Mossilee, with the pendicles thereof called Nether or Easter Mains; of Boleside Stobrig, with the tower, fortalice, mansion, manor place, houses, buildings, woods, corn mills and waulk mills thereof, and with the fishings of salmon and other fishings upon the River Tweed on both the sides thereof between the bridge of Melrose and lands of Southerlandhall, where the River Ettrick runs into the said River Tweed, with all and sundry the annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents thereof whatsoever, with the burgh of barony of Galashiels, and with all and sundry markets, fairs, liberties, privileges, immunities, profits, commodities, easements and righteous pertinents pertaining and belonging thereto; together with the advocation, donation and right of patronage of the vicarage of the kirk of Lindean, with all privileges, benefits, liberties and commodities thereof, lying within the lordship of Ettrick Forest and sheriffdom of Selkirk, upon the resignation of the said Sir James Pringle of Galashiels, knight, made by him, with consent of John and Master George Pringle, his sons, and of the said Hugh Scott and Jean Pringle, his spouse; and also the new gift and disposition contained in the said charter made by his majesty to the said James Scott, his male heirs and assignees foresaid heritably, of all and whole the said lands and barony of Galashiels, comprehending the particular towns, lands, fishings, mills, woods, burgh of barony, advocation, donation, right of patronage and others above-written, with their pertinents, and of all right, title, interest, claim of right, property and possession whatsoever which his highness, his predecessors or successors had, has or in any way may claim, pretend or have thereto or any part thereof, with the union, annexation and incorporation of the same in a whole and free barony, to be called now and in all time coming, as of before, the barony of Galashiels, whereof the tower, fortalice and manor place of Galashiels is ordained to be principal messuage, and there a sasine to be taken in all time coming to stand and be sufficient for the whole in manner specified in the said charter, as the same bearing the said lands and others foresaid, to be held of our sovereign lord and his highness's successors in fee heritage, free barony and burgh of barony for ever in manner specified in the said charter, which is under his majesty's great seal, of the date at Holyroodhouse, 9 June 1632 at more length bears, with the precept of sasine following thereupon under the testimony of the said great seal of the same date, and instrument of sasine following thereupon, of the date the [...] day of [...], 163[...], in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions contained therein, 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 infeftment, charter, precept and sasine is and shall be of as great force, strength and effect to the said James Scott and his foresaids for possessing and enjoying of the said lands and barony of Galashiels, burgh of barony, advocation, donation, right of patronage and others above-written therein contained, with all their privileges, liberties and pertinents in all time coming, as if the same infeftment, charter, precept and sasine were all at length word by word inserted and contained in this present ratification; concerning which, with all other defects and imperfections which may be proposed or alleged against the said infeftment, charter, precept and sasine or this present confirmation thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and, by this act, for his highness and his successors, dispense for ever; and that the said ratification be further extended with all clauses necessary, with provision always that this present ratification granted in favour of the said James Scott of Galashiels nor no part of the same should be hurtful or prejudicial to Robert [Ker], earl of Roxburghe, nor to the sheriff of Selkirk, their heirs nor successors, in their right and title of the teinds, parsonage and vicarage, of the kirk of Lindean as titulars of the same or otherwise howsoever, but that the same should remain to them as of before unhurt or prejudiced hereby.
[1633/6/162]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of parliament, ratifies and approves the charter granted by his majesty, under his highness's great seal, for himself and as father, tutor, guider and lawful administrator to his highness's dearest son, the prince of Great Britain, France and Ireland, and prince and stewart of Scotland, to his highness's beloved John Brisbane, elder, of Bishopton, in liferent, and to John Brisbane, younger, of Bishopton, his male heirs and assignees heritably, of all and whole the six pound land lying on the north side of the water of Gogo, of the ten pound land of old extent of Killingcraig and Gogoside, with their pertinents, and of all and whole the other four pound land of the said ten pound land of Killingcraig and Gogoside, with mills, multures, woods, fishings, parts, pendicles and pertinents thereof, together with the common pasture of goods in the commonty commonly called the Common Muir of Largs; and also of all and whole that equal and just third part of the said commonty called the Common Muir of Largs, lying nearest and contiguous to the said lands of Killincraige and Gogoside, and of the green where the common market now is held at the kirk of Largs, lying between the water of Gogo and the muir called Muirburn, with their pertinents; and also of all and whole the town and burgh above the said lands, called the Newton of Gogo, with all privileges and liberties of the said burgh of barony, all erected in a free barony, called the barony of Gogoside; and also of all and whole the thirteen shilling, four penny land of Hangandheuch, with tenants, tenancies and service of free tenants thereof, with common pasture, common privilege and liberty in the commonty and muir of Largs, annexes, connexes, parts, pendicles and pertinents thereof, extending in the whole to a sixteen merk land, all lying in the bailiary of Cunninghame and sheriffdom of Ayr; and also of all and whole that part and portion of land called the Largs and Largs Muir, with the town of Largs, harbour place, lands, muirs, coals, hills, mosses and commonties belonging thereto, or possessed therewith, or being proper parts, pendicles, and pertinents thereof, as well above the earth as under the earth, lying in the said bailiary of Cunninghame and sheriffdom of Ayr, and that in so far as answers to the proportion of the property of the lands, barony and others above-specified contained in the old infeftments thereof of the said John Brisbane, elder, of Bishopton, extending to the said sixteen pound land lying as said is, and to Jean Chalmers, spouse to the said John Brisbane, younger, of Bishopton, in conjunct fee, with the said John Brisbane, her spouse, of all and whole the said four pound land of Killingcraig, with the corn mill, multures and sequels thereof, with manor place, houses, yards, orchards of the said four pound land, with all parts, pendicles and pertinents thereof, proceeding upon the resignation of the said John Brisbane, elder, and William [Alexander], viscount of Stirling, secretary to his majesty, containing a ratification of all other infeftments granted to the said John Brisbane and his predecessors of the lands, barony, burgh of barony and others above-specified, and of new erecting the same in a free barony, called the said barony of Gogoside, to be held of his majesty's dearest son, the prince, and his successors, princes and stewarts of Scotland, in fee heritage and free barony for ever, for yearly payment of service used and wont, of the date 11 August 1631, together with all and sundry other charters, infeftments, rights and securities made and granted to the said John Brisbane, elder, and John Brisbane, younger, their predecessors and authors of the lands, barony and others respectively above-written in all and sundry heads, clauses, articles and conditions contained therein after the forms and tenors thereof. And further his majesty, with advice of the said estates of parliament, for the good, true and thankful service done to his highness by the said John Brisbane, elder, and John Brisbane, younger, and for diverse other good respects and considerations moving his highness, wills and grants, and for his highness and his successors, decrees and declares that the said charters, infeftments and other rights and securities above-written are good and valid rights to the said John Brisbane, elder, and John Brisbane, younger, and their foresaids for possessing and enjoying of the lands, barony, burgh of barony and others respectively above-specified in all time coming. And further his majesty, with consent foresaid, has dissolved, and by this act dissolves, the lands, barony and others respectively above-specified, with the pertinents, from all acts of annexation whatsoever made of the lands within this realm to his highness's crown by any of his highness's predecessors and estates of parliament in any time bygone, to the effect his majesty, for himself and as father, tutor, guider and lawful administrator to his highness's said dearest son, the prince, may grant and convey heritably to the said John Brisbane, elder, of Bishopton, in liferent, and the said John Brisbane, younger, of Bishopton, his male heirs and assignees heritably, the lands, barony and others foresaid to be held of his majesty's said dearest son, the prince, and his successors, princes and stewarts of Scotland, in fee heritage and free barony for yearly payment of the duties contained in the foresaid infeftments, and ordains charters to be passed and issued hereupon under his majesty's great seal in such due form as appropriate.