[1633/6/164]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, remembering the good, true and thankful service made and done to his majesty and his most noble progenitors by Master William Cunningham of Brownhill and his predecessors, with advice and consent of the three estates of this present parliament, has ratified, allowed, approved and confirmed and, by the tenor hereof, with consent foresaid, ratifies, allows, approves and confirms the charter and infeftment made, given and granted by Master Walter Whitford, minister of Failford, to the said Master William Cunningham of Brownhill, his heirs and assignees whatsoever heritably, of all and sundry the lands of Brownhill, Byrehill, Spittlesyd, Bourtrie, Mailling and of the other lands, teinds, office of bailiary and others expressed and set down in the said charter, which charter is of the date at Edinburgh, 19 December 1628, with the precept of sasine contained therein and instrument of sasine following thereupon, and with all other charters, infeftments, precepts, instruments of sasine, confirmations, new gifts and other rights, titles and securities whatsoever made and granted to the said Master William Cunningham of Brownhill, or to any of his predecessors or authors, of and concerning the lands and others contained in the said charter, with the pertinents or any part thereof, of whatsoever date or dates, tenor or contents the same be of, in all and sundry heads, articles, clauses, conditions and circumstances thereof whatsoever, willing and declaring this present general ratification to be as valid, effectual and sufficient to the said Master William Cunningham of Brownhill, his heirs and assignees, for their security of the lands and others contained in the said charter, as if the foresaid charters, infeftments, precepts, instruments of sasine, confirmations, new gifts and other writs, special and general, foresaid and every one of them, were at length herein inserted and hereby ratified in special; concerning which, his majesty, for himself and his highness's successors, with consent foresaid, has dispensed and, by this act, dispenses for ever.
[1633/6/165]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, has ratified and approved and, by this act, ratifies and approves the charter granted by his majesty, under his highness's great seal, to Master James Raith, advocate, and Eliza Fouller, his spouse, and to the longest liver of them two in conjunct fee, and to their heirs and assignees specified therein, of all and sundry the town and lands of Edmonstone, called the Mains of Edmonstone, with manor place, mansion houses, buildings, yards, orchards, meadows, dovecot, cuningars and all their pertinents; and also of all and whole the lands of Cauldcoats, with houses, buildings, yards, tofts, crofts, parts, pendicles and all their pertinents, lying within the regality of Musselburgh and sheriffdom of Edinburgh as principal, and of all and whole the third part of the lands of Niddrie-Marischal, with the third part of the mill thereof, and that in special warrandice of the said lands of Cauldcoats; and also of all and whole the aisle or burial place situated within the kirk of Natoune within the parish whereof the said lands of Edmonstone lies, with the seat and desk within the said aisle, built by the late Andrew Edmonstone of that Ilk and the late Sir John Edmonstone, his son, authors to the said Master James Raith and his spouse, of the date 15 July 1630, in all and sundry heads, clauses, articles and conditions contained therein after the form and tenor thereof. And his majesty, with consent foresaid, wills, grants, decrees and declares that the said charter and infeftment shall be good, valid and sufficient right to the said Master James Raith, his said spouse, their heirs and assignees for possessing and enjoying of the said lands and others above-written in all time coming.
[1633/6/166]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the late William Maxwell, apparent heir of Tinwald, in a justice court held within the town of Dumfries by the late George [Home], earl of Dunbar, upon 25 July 1609, was convicted and forfeited for the crimes of lese-majesty committed by him and particularly mentioned and contained in the process, sentence and doom of forfeiture led and deduced against him relating thereto; and that his highness's late dearest father, King James VI, of worthy memory, upon certain knowledge of the good gesture, fidelity and affection given by the late Edward Maxwell, son lawful to the said late William, towards his said late highness and peace of this his kingdom, of his grace and mercy, not being willing that the posterity of the said late William for the said offences should be further punished, therefore, his highness's said late dearest father, of his highness's authority, regal favour, clemency and kingly benevolence, restored and rehabilitated the said late Edward Maxwell, his heirs and successors and all others, the heirs and posterity of the said the late William, his father, against the said forfeiture and made and declared them worthy, able and capable to conquest, acquire, possess, enjoy and use benefices, teinds with whatsoever lands, heritages, steadings, possessions, honours, dignities and offices within the said kingdom of Scotland likewise and as freely as any other faithful and obedient subject, and as if the said process and doom of forfeiture had never been led and deduced against the said late William; and for the said late Edward and posterity of the said late William, their better security, his highness's said late father promised in the word of a king to ratify and approve to the said late Edward or posterity of the said late William the said letter of grace, favour and rehabilitation, as in the same under the great seal, of the date 29 April 1619, at more length is contained. And also our said sovereign lord, understanding perfectly that the crimes for the which the said late William Maxwell was convicted and forfeited was not against his majesty's said late father, his sacred person nor estate of the kingdom, but only committed upon a certain grudge against certain persons with whom he was standing in enmity, and that the same being well-known to his highness's said late dearest father, he did not only rehabilitate the heirs and successors of the said late William, but also did promise to do the same in this next parliament; and thereupon his majesty, being willing to follow that course intended by his highness's said late dearest father and to give the successors of the said late William occasion to continue in their dutiful service in time coming, therefore his majesty and estates foresaid of this present parliament ratify and approve the said letter of grace, favour, rehabilitation, restitution and restoration therein contained in all and sundry the heads, points, clauses, articles and conditions thereof, and after the form and tenor thereof in all points, so that it is or shall be rightful and lawful to the heirs and successors whatsoever of the said late Edward and posterity of the said late William whatsoever peaceably to hold, enjoy and possess all and whatsoever lands, heritages, places, offices and dignities whatsoever falling and pertaining, and which in any way may fall and pertain to them, to enter thereto, sell, use and convey thereupon at their pleasure likewise, as freely and in all respects and conditions as if the foresaid sentence, process and doom of forfeiture had never been led nor pronounced, nor the crimes specified therein had never been committed, or as if the said process, sentence and doom of forfeiture and causes whatsoever therein contained were lawfully reduced and taken away, notwithstanding of whatsoever other gift, presentation and right, if any be granted in favour of any other person or persons upon the forfeiture of the said late William Maxwell of whatsoever his lands or others pertaining to him, or whereto he was to succeed, and of whatsoever acts of parliament, secret council, other acts, statutes or constitutions, if any be, which may be extended in the contrary. And further, for the heirs and successors of the said late William Maxwell, their better security, his majesty and estates foresaid of this present parliament rehabilitates, restores and reintegrates and also accepts, receives and restores the said heirs and successors of the said late William Maxwell of new in and to his highness's mercy, favour and grace against the said process, sentence and doom of forfeiture, whole occasions and crimes contained therein, and in and to all and sundry lands, baronies, annualrents, tacks, steadings, rooms, possessions, goods, gear and others whatsoever from the which they were debarred or might have been debarred by the said forfeiture of the said late William Maxwell; and wills and grants that they, their heirs and assignees may enter thereto, pursue, therefore possess, enjoy, use and convey thereupon at their pleasure, and makes and declares the heirs of the said late Edward Maxwell and the posterity of the said late William able, worthy and capable to receive, possess, enjoy and use honours, dignities and offices in whatsoever judgments and outwith the same in all time coming, likewise and as freely in all respects and conditions as if the foresaid sentence, process and doom of forfeiture had never been led nor pronounced against him nor the crimes therein specified had never been committed by him, notwithstanding whatsoever acts of parliament, secret council and other acts, statutes and constitutions, if any be made, which may be extended or interpreted in the contrary thereof; regarding the which, his majesty, for his highness and his successors, with consent above-written, dispenses for ever, and for that effect declares the said process and sentence and doom of forfeiture to be null and of no value, force nor effect likewise and as if the same had never been led and deduced. With power to the heirs and successors of the said late William and of the said late Edward, his son, to raise brieves, proclaim the same and thereupon obtain themselves served and retoured heirs to their predecessors and infeft in their lands and others held of the immediate lawful superiors likewise and in the same manner and as freely in all respects as if the said late William Maxwell had never been forfeited, and as if there had never been gift, presentation, infeftment or other right granted upon his said forfeiture.
[1633/6/167]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the whole estates of parliament presently convened, has ratified, confirmed and approved and, by the tenor hereof, for his majesty and his successors, ratifies, confirms and approves a charter and infeftment under the great seal, of the date at Edinburgh, 20 February 1618, made, given and granted by the late King James, his majesty's father, of eternal memory, to the late John Erskine of Balhalgardy, his male heirs and assignees whatsoever, of all and whole the lands and barony of Balhalgardy, comprehending therein the particular towns, lands, mills, fishings, chaplainries, advocation, donation, right of patronage, with the teind sheaves of all and whole the lands of Balhalgardy, Pitscurry, three ploughlands of land of Drumdurno, with the whole crofts lying at the Chapel of Garioch, and of the lands of Dorlethen, Pittodrie, the croft of the mill of Inveramsay, and of the land of Knokinglas†, with their outsets and insets specified in the said charter, with the precept of sasine following thereupon and sasine of the same, together with the service and retour, precept of sasine following thereupon and instrument of sasine of the forenamed lands, teinds and others above-written, granted to his majesty's beloved Thomas Erskine, now of Balhalgardy, as eldest lawful son and heir to the said late John Erskine, his father; together also with all other charters, infeftments, rights, titles and securities whatsoever made and granted by our said sovereign lord or his highness's said late father or any of his majesty's predecessors or by any other person or persons to and in favour of the said Thomas Erskine, now of Balhalgardy, or of the said John Erskine of Balhalgardy, his father, or of his late grandfather, great-grandfather, great-great-grandfather on any other of his predecessors of the said lands and barony of Balhalgardy, teinds and others mentioned in the said charter, in the whole heads, articles, clauses, conditions and circumstances therein contained, admitting this present ratification to be as valid and sufficient in all respects as if the foresaid charter and infeftment and other rights and securities foresaid were at length engrossed herein; concerning which, his majesty, with consent of the said three estates of parliament, by this ratification, dispenses for ever, and ordains an act of parliament to be extended hereupon with all clauses needful, and this ratification to be a sufficient warrant relating thereto and for inserting thereof in the register and books of parliament.
[1633/6/168]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent and advice of his highness's three estates of this present parliament, ratifies and approves the charter and infeftment made and granted by his majesty's late dearest father, of most happy and eternal memory, with consent and advice of James [Douglas], earl of Morton, regent and governor of this realm for the time, under his majesty's great seal, to the late Archibald MacLauchlan of that Ilk, and the male heirs lawfully procreated of his own body, which failing to the late Lauchlan, younger, of MacLauchlan, his brother's son, and his male heirs lawfully procreated of his body, of all and sundry the lands underwritten, namely: all and whole the lands of Kilbride, with the castle and fortalice of the same, the lands of Kilmore, the lands of Portindryne, the lands of Letterkethen, the lands of Leaniche, the lands of Scrone and Foirling, the lands of Lephinmore, the lands of Leffenneryoch, the lands of Garwoill, the lands of Leffenkyboill, the lands of Leffendrysicht, the lands of Barnacarry, the lands of Kwnochane, the lands of Auchinelethame, the lands of Midewning, the lands of Ewningover, the lands of Callow, the lands of Overchirvane, the lands of Midchirvane, the lands of Kellenewchane, the lands of Struarthour, the lands of Dunoid, the lands of Barnakill, the lands of Dunmuk, the lands of Kilchoan, the lands of Auchnassallycht†, the lands of Nether Kames, the lands of Over Kames, the lands of Dirrelocht, the lands of Dowkennane, the lands of Drynelie, the lands of Gartingour, the lands of Nether Brancalyie and lands of Over Brancalyie, with mills, multures, woods, fishings, parts, pendicles, tenants, tenancies, service of free tenants of the same and all other pertinents, lying within the lordship of Cowal and sheriffdom of Argyll, of the date 24 February 1573, with the precept and instrument of sasine following thereupon. As also another charter and infeftment made and granted by his majesty's late dearest father to his highness's beloved Lauchlan MacLauchlan, now of that Ilk, as son and heir to the said late Lauchlan, younger, and his male heirs whatsoever, of all and sundry the forenamed lands, with their pertinents, and with the advocation, donation and right of patronage of the kirk of Kilmore, parsonage and vicarage of the same, of the date 10 November 1614, with the precept and instrument of sasine following thereupon in all and sundry heads, articles, clauses, conditions and circumstances thereof whatsoever. And wills and declares that this present ratification and generality thereof is and shall be as valid, effectual and sufficient to the said Lauchlan MacLean†, now of that Ilk, and his male heirs foresaid for possessing and enjoying of all and sundry the forenamed lands and others above-specified, with their pertinents, perpetually in all time coming, as if the foresaid charters, precepts and instruments of sasine following thereupon, whole heads, articles, and clauses thereof were at length word by word engrossed and inserted herein; concerning which, and with all that may be objected thereagainst, our said sovereign lord and his highness's estates foresaid have dispensed and by this act dispense for ever.
[1633/6/169]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and, by the tenor of this present act, ratify and approve the bond and obligation made and granted by the late Alexander [Erskine], lord Fentoun to the bailies and council of the burgh of Pittenweem, whereby he bound and obliged himself, his heirs and successors to perfect, subscribe and deliver to them or to the minister at the kirk thereof a sufficient security in such ample form as might stand by law, by the which he should provide the said minister serving the cure at the said kirk of Pittenweem and his successors to a yearly stipend of 400 merks and 500 merks money of this realm respectively to be uplifted out of the parsonage and vicarage teinds of the lordship of Pittenweem, or any part thereof, at the terms and in manner as is specified and set down in the said bond, which is of the date 6 June 1632, and registered in the books of council and session and a decreet of the lords thereof interposed thereto upon 1 January 1633, together with the contract and appointment made and perfected between the bailies and council of the said burgh of Pittenweem thereof, subscribers for themselves and taking burden on them for the community of the said burgh on the one part, and Master John Melville, minister at the said kirk of Pittenweem, on the other part, of the date 12 July 1632, and registered in the said books of council and session and a decreet of the lords thereof interposed thereto upon 26 February 1633, whereby the said bailies and council of the said burgh of Pittenweem provided the said Master John Melville and his successive ministers at the said kirk thereof to a yearly duty of 120 merks money foresaid further than the provision above-specified contained in the said bond, to be uplifted at the term of Martinmas [11 November] yearly out of the readiest of the grass, meals, customs and common good of the said burgh, and designed to him the glebe specified in the said contract bounded in manner therein contained; whereby the said Master John Melville, for him and his successors, accepted the provision foresaid contained in the said contract and bond, with the designation of the said glebe, in full satisfaction of all further stipend, manse or glebe that could be craved by him or his successors in any time thereafter, as the said bond and contract in themselves at length bears. Moreover, our said sovereign lord and estates of this present parliament statute and ordain the foresaid two provisions of money contained in the said bond and contract and designation of the glebe designed by the said contract to stand and be a perpetual and sufficient local stipend to the said Master John Melville and his successive ministers at the said kirk, and to serve him and them in payment and full satisfaction of their manse and glebe at the same kirk. And further, forasmuch as his majesty's late dearest father, King James VI, of eternal memory, by his letters of gift under the privy seal of the date 30 June 1589, gave, granted and conveyed to the late Master Nicol Dalgleish and his successive ministers at the said kirk of Pittenweem certain quantities of victual, silver and salt mentioned therein, and that for yearly provision and stipend to the said late Master Nicol, then minister at the said kirk, and his successive ministers thereat, which gift bears that the said kirk was then lately erected in a parish kirk and so ratified in the preceding parliament, likewise the said late King James VI, by his signature superscribed with his hand, bearing date 16 August 1611, ratified and approved the erection of the said kirk in a parish kirk, notwithstanding whereof, through negligence of the parties entrusted in the managing of the town's affairs, the said act of erection is missing, likewise the said signature, by the like slackness of those who were employed therein, was never prosecuted nor completed; whereto his majesty and estates of this present parliament, being most willing and careful to provide remedy, therefore they have of new erected, created and constituted and, by this act, of new erect, create and constitute the said kirk of Pittenweem in a separate parish kirk and design the bounds of the parish thereof to comprehend the burgh of Pittenweem and whole lands lying between the burgh of Anstruther Wester on the east, the lands of St Monance and Abercrombie on the west, and the lands of Balcaskie and Grangemuir on the north (excepting always 80 acres of land pertaining to the feuars of Anstruther and Mylnetown, with their commonty, to the east of the march stones which lie in the parish of Anstruther Wester); and to the effect that the said kirk of Pittenweem may be a separate parish kirk, our said sovereign lord and estates of this present parliament have disjoined and dissolved the said burgh of Pittenweem and whole lands lying within the bounds foresaid which are comprehended within the said parish of Pittenweem from the said kirk and parish of Anstruther Wester, to the effect they may remain in all time coming hereafter two separate and distinct parish kirks and parishes.
[1633/6/170]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his highness's three estates of parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the letter and gift of dissolution and erection granted by our sovereign lord's late dearest father of eternal memory, under his highness's great seal, of the date 27 January 1618, whereby his majesty, with advice and consent of the lords of his highness's secret council of the kingdom of Scotland, dissolved and dismembered from the parish kirk and parish of Coldingham and foundation thereof all and whole the town of Eyemouth, with all lands, acres, tenements and cottages thereof, together with the mill of the same, with the lands now called Beinrighous lying within the territory of the said town of Eyemouth, together likewise with all other lands, parts, pendicles and pertinents whatsoever of the said town of Eyemouth within the bounds, jurisdiction and territory thereof, and then created and erected the kirk built in the said town of Eyemouth in a free parish kirk to be called in all time hereafter the parish kirk of Eyemouth, so that the indwellers and inhabitants thereof should in no way thereafter be astricted to the parish kirk of Coldingham nor discipline thereof in no time thereafter; and then willed, ordained and determined that the said kirk of Eyemouth should have, possess and enjoy the like privileges, liberties and immunities as the said parish kirk of Coldingham, from the which the same was dissolved, had and possessed by the foundation thereof in any time bygone, with power to the inhabitants and parishioners of the said kirk of Eyemouth and minister thereof, present and to come, to elect elders and deacons and to keep their sessions for conserving of discipline and good order in all things belonging thereto as freely in all respects as any other parish kirk has or may use in the like, and therefore discharging the minister, elders and deacons of the said kirk of Coldingham of all citing and convening before them of the parishioners and inhabitants of the parish of Eyemouth, or any of them, or in any way proceeding against them for their non-compearance, as the said letter and gift of dissolution and erection at more length bears, in the whole heads, articles, privileges and conditions of the same, according to the tenor thereof in all points. And also our said sovereign lord, with advice and consent of his majesty's estates of parliament foresaid, renounces simply all action and instance competent to his majesty or his highness's successors for reducing and annulling of the foresaid letter and gift of dissolution and erection of the said parish kirk of Eyemouth in any time coming. And further, our said sovereign lord and three estates of parliament foresaid, considering the necessity of the foresaid dissolution and erection of the foresaid kirk of Eyemouth in a separate and free parish kirk and cure from the said parish kirk and parish of Coldingham, whereof it was a pendicle of before in respect of the far distance of the said town of Eyemouth from the parish kirk of Coldingham, therefore, our said sovereign lord and three estates of parliament of new dissolves all and whole the foresaid town of Eyemouth and all lands, acres, tenements, cottages and mill of the same, with the lands now called Beinrighous lying within the territory of the said town, together with all other lands, parts, pendicles and pertinents thereof whatsoever lying within the bounds, jurisdiction and territory of the same from the foresaid parish kirk and parish of Coldingham and foundation thereof, and of new creates and erects the said kirk of Eyemouth in a free parish kirk to the inhabitants thereof to be called in all time hereafter the parish kirk of Eyemouth, with the whole privileges, immunities and liberties before rehearsed, contained in the former letter of dissolution and erection above-mentioned, and ordains this act to be enacted and registered in the books of parliament.
[1633/6/171]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the augmentation of the stipend after-mentioned is granted to Master Christopher Knowes, minister at Coldingham, and his successors, for their service of the cure at the said kirk, therefore they have ratified and approved and, by the tenor hereof, ratify and approve the letters of assignation and augmentation of the stipend underwritten made, given and granted by John Stewart of Coldingham, Alexander Cranston of Murieston and Robert Douglas of Blackerston, heritable proprietors and having sufficient right and title to the lands and lordship of Coldingham, kirk and teinds belonging thereto, with express advice and consent of John Home of Renton, proctor, factor and commissioner for the said John Stewart, for augmentation of the same stipend, as the procuratory, commission and power given by the said John Stewart to him relating thereto, of the date 19 July 1632, and registered in the books of council and session upon 19 July 1632, at more length bears. As also with advice and consent of Francis Stewart, son to the late Francis [Stewart], sometime earl of Bothwell, and of the other persons, subscribers of the said assignation and augmentation of the stipend after-specified, in favour of the said Master Christopher Knowes, minister at Coldingham, and his successive ministers at the said kirk, of the date at Blackerston, Edinburgh and Canongate, 9, 13, 17 and 18 July 1632, and registered in the said books of council and session and determined to have the strength of an act and decreet of the lords thereof upon 3 June 1633, by the which, for the causes specified therein, they condescended and agreed to give to the said Master Christopher Knowes and his successive ministers at the said kirk, in augmentation of their present stipend of two chalders of victual, half oats, half barley of the met and measure used of old in Duns, paid to him out of the teinds of the town of Coldingham and teind barnyard thereof, with the vicarage teinds of the said parish ipsa corpora yearly in time coming, all and whole three chalders of victual, half barley, half manured-land oats of the met and measure used of old in Duns, to be paid to the said Master Christopher and his successors out of the teinds of the said parish in manner after-specified, in addition to the said two chalders of victual of the said old met and measure of Duns which he has to be uplifted out of the teinds of the town of Coldingham and teind barnyard thereof and vicarage teinds of the said parish modified to the said minister of Coldingham by the infeftment of erection of the said lordship in manner specified in the said assignation and augmentation; and by the which, for the causes specified therein, they assigned the said three chalders of victual of augmentation to be locally paid to the said Master Christopher and his successive ministers at the said kirk out of the teinds underwritten lying within the said parish of Coldingham, according to the locality following, namely: out of the teind sheaves of the whole town and lands of West Reston, with their pertinents, lying within the said parish of Coldingham and sheriffdom of Berwick (except the teind sheaves of these five husband-lands and a half husband-land, with the pertinents, lying in the said town of West Reston pertaining heritably to Patrick Craw in Heughead and occupied by him and his tenants); and in case the said teind sheaves of the said town and lands of West Reston, with the pertinents (except before excepted), shall not extend to and be able and sufficient to pay the said three chalders of victual of augmentation yearly or in any year in time coming, then and in that case the surplus thereof which the said teinds of the said town and lands of West Reston (except before excepted) be not able to pay yearly or in any year in time coming, to be taken up out of the teind sheaves of these 14 husband-lands lying in Swinewood, with the pertinents, lying within the parish and sheriffdom foresaid pertaining to James Craw of Whitefield and Master Alexander Smith, minister at Chirnside, and the heirs and successors of the late William Craw of Fallobank for payment of the said three chalders of victual of augmentation above-written of the said old measure of Duns as said is, beginning the first year's payment thereof of the crop and year of God 1632, and so forth yearly in all time coming in manner specified in the said augmentation and assignation to the locality thereof, as in the same bearing consent to be ratified and allowed by the lords commissioners for the surrenders and teinds, and that decreet be given thereupon by them in favour of the said Master Christopher and his successors according to the locality foresaid in such due and sure form as appropriate. And also that the said augmentation and assignation to the locality thereof, and decreet to have followed thereupon, were ratified and approved in this his highness's present parliament, with sundry other heads, conditions, articles and clauses at more length is contained, together with the said lords of council and session, their decreet and authority interposed thereto, and with the said procuratory, commission and power given by the said John Stewart to the said John Home of Renton for agreeing and consenting to the said augmentation, with the decreet of the said lords interposed thereto, in all and sundry the heads, articles, clauses and conditions thereof respectively. And will and declare that this present general act, ratification and approbation thereof is and shall be as lawful, effectual and sufficient, as if the same were at length word by word herein expressed; regarding the which and all faults and imperfections thereof, if any be or that may be proposed or alleged against the validity thereof or this present act, ratification and approbation of the same, his majesty, for him and his successors, with advice and consent of the estates of this present parliament, has dispensed and, by the tenor of this present act, dispenses for ever; and statutes and ordains that the said augmentation of stipend and assignation to the locality thereof shall stand as a perpetual law and act of parliament and have full execution for payment thereof in all time coming.
[1633/6/172]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present 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 letters of gift and mortification made, given and granted by his majesty's late dearest father of eternal memory James, king of Great Britain, France and Ireland, defender of the faith etc., with consent of the late Master John Preston of Penicuik, then his highness's collector general of the thirds, surplus and omitted benefices within the realm and kingdom of Scotland, and also treasurer to his majesty of his highness's new augmentations of the kirklands of the said realm of Scotland to the crown, under the privy seal, of the date at the court at Royston, 12 October 1609, whereby his highness's said late dearest father, with consent foresaid, for his highness and his successors, gave, granted, assigned, conveyed and mortified to the new parish kirk of Burntisland therein mentioned and to the minister serving the cure thereof then present, and who should happen to be for the time perpetually in all time coming, the sum and yearly stipend of 500 merks money of this realm of Scotland, to be paid to them yearly out of the readiest and best payment of his highness's said thirds, surplus and omitted benefices within the said realm of Scotland, and of the feu mails, ferms, rents and duties of the kirklands annexed to the crown by his highness's said late dearest father and his successors, and by their general collectors, treasurers of their augmentations and other intromitters therewith, and due in payment thereof then present and that should happen to be for the time yearly at the term of Martinmas [11 November], beginning the first year's payment at the term of Martinmas next thereafter, the said year of God 1609, and so forth yearly thereafter at the term foresaid perpetually in all time coming, as the said letters of gift and mortification made thereupon of the date foresaid in themselves at more length bears in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions contained therein, and after the form and tenor thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, perpetually decree and ordain that this present ratification of the said letters of gift and mortification above-written is and shall be of as great strength, force and effect to the said minister of Burntisland, present and to come, for possessing of the said yearly sum and stipend of 500 merks to be paid yearly out of the said readiest and best payment of the said thirds, surplus and omitted benefices within the said kingdom of Scotland, and of the said feu mails, ferms, rents and duties of the said kirklands annexed to the said crown by his highness and his successors, their collectors, treasurers of their augmentations and other intromitters therewith, and due in payment thereof, present or that shall happen to be, for the time yearly at the said term of Martinmas perpetually in all time coming, as if the said letters of gift and mortification above-written were all at length word for word herein engrossed and contained; 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 as appropriate.
[1633/6/173]*[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 act made before the lords and others of his majesty's commission appointed for surrenders and teinds and dissolving and uniting of kirks, of the date 8 February 1632, whereby they suppressed, extinguished and dissolved the parish kirk and parish of St Andrews mentioned therein, and dismembered, dissolved and disjoined the towns and lands of Lugton and Melville, with their pertinents, whole lands, teinds, fruits, profits and emoluments thereof from the said kirk of St Andrews, and united, annexed and incorporated the said whole teinds, parsonage and vicarage, of the said town and lands of Lugton to the parish kirk of Dalkeith to remain therewith in all time coming inseparably, and astricted and ordained the whole inhabitants of Lugton and their successors to repair and resort to the said parish kirk of Dalkeith in the same form and manner as they ought and should have done at any time bygone before the said dissolution at the foresaid kirk of St Andrews and to be subject to the discipline thereof; and also united, annexed and incorporated the said whole teinds, parsonage and vicarage, of the said town and lands of Melville to the parish kirk of Lasswade to remain therewith in all time thereafter inseparably, and astricted and ordained the whole inhabitants of Melville and their successors to repair to the said parish kirk of Lasswade in the same form and manner as they ought and should have done before the said dissolution at the said kirk of St Andrews, and to be subject to the discipline thereof, under the reservation and provision after-mentioned therein contained, in all and sundry points, heads, articles and clauses therein contained after the form and tenor thereof; and wills and grants and, for his majesty and his successors, with consent foresaid, decrees and ordains that this present ratification of the foresaid act is and shall be as valid, effectual and sufficient in all respects as if the same act were at length inserted herein, dispensing hereby with the not inserting thereof in this present ratification. And also his majesty, with advice and consent foresaid, has suppressed, extinguished and dissolved and, by the tenor hereof, suppresses, extinguishes and dissolves the said parish kirk and parish of St Andrews in all time coming, and has dismembered, disunited and disjoined and, by this act, dismembers, disunites and disjoins the foresaid towns and lands of Lugton and Melville, with their pertinents, whole lands, teinds, fruits, profits and emoluments thereof from the said kirk of St Andrews, and unites, annexes and incorporates the said whole teinds, parsonage and vicarage, of the said town and lands of Lugton to the said parish kirk of Dalkeith, to remain therewith in all time coming inseparably; and astricts and ordains the whole inhabitants of Lugton and their successors to repair and resort to the said parish kirk of Dalkeith in the same form and manner as they ought and should have done at any time bygone before the said dissolution at the said kirk of St Andrews and to be subject to the discipline thereof, and also unites, annexes and incorporates the said whole teinds, parsonage and vicarage, of the said town and lands of Melville to the said parish kirk of Lasswade, to remain therewith inseparably in all time coming, and astricts and ordains the whole inhabitants of Melville and their successors to repair to the said parish kirk of Lasswade in the same form and manner as they ought and should have done before the said dissolution at the foresaid kirk of St Andrews and to be subject to the discipline thereof; reserving always to Master James Porteous, minister at Lasswade and St Andrews, titular during his lifetime, the teinds, rents, fruits, mails and duties therefore, and providing that William [Douglas], earl of Morton etc., his heirs and assignees, relieve him of his majesty's ordinary taxation of the teinds of the lands of Lugton above-specified, with the pertinents. And ordains 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.
[1633/6/174]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and the three estates of this present parliament, considering that the teinds of the town, lands, lordship and barony of Dalkeith, the fruits, rents and emoluments thereof, have been dissolved from the deanery of Restalrig, whereof the said teinds were a part of old, and have been erected in a separate parsonage, called the parsonage of Dalkeith, and that the dissolution and erection are ratified in the parliament held at Edinburgh on 5 June 1592, and that notwithstanding thereof, the parsons of the said parsonage of Dalkeith have been stented by the deans of Restalrig to the third part of the taxations imposed on the said deanery of Restalrig, and have paid the same third part of the said taxations in time bygone to the said deans of Restalrig and parsons of Lasswade, whereas of equity the said parsons of Dalkeith should have paid the taxation of the said parsonage of Dalkeith to his majesty's collector, in respect of the dissolution of the said parsonage of Dalkeith from the said deanery of Restalrig and erection thereof in a separate parsonage by itself. Therefore, our sovereign lord, with advice and consent of the three estates of this present parliament, statutes and ordains that the parsonage of Dalkeith in all time coming shall pay to his majesty's collector general and his deputes the just third part of the taxation imposed and to be imposed on the said deanery of Restalrig, and that the said parsons of Dalkeith shall not be subject to pay the third part of the said taxation of the said deanery of Restalrig, neither to the said deans of Restalrig nor no other person nor persons, except only his majesty's collector general and his deputes.
[1633/6/175]*[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 of blessed memory by Sir Richard Murray of Cockpool, knight baronet, 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 of feu ferm granted by our late sovereign lord, King James VI, of blessed and eternal memory, under the great seal, of the date at Edinburgh, 15 March 1614, to and in favour of the late Sir James Murray of Cockpool, knight, brother-german to the said Sir Richard, his heirs and assignees whatsoever, of all and sundry the lands and others particularly underwritten, namely: the forty shilling land of Searigg of old extent, with the Forester Meadow possessed for the time by Alexander Cairlell and his subtenants; the half merkland of Howthat, lying within the parish of Mousewald; the two merk land and half merk land of the town and lands of Ruthwell, with the salt-house, sandy ground and house stead thereof; the ten shilling land of Kirkstyle, lying within the said parish; the twenty shilling land of Lochmaben called Lambertlands; and the forty shilling land of Innerfield, lying between the Castlehill and Marjoriebanks, within the parish of Lochmaben, all lying within the stewartry of Annandale and sheriffdom of Dumfries, all united and erected by the said infeftment in a tenancy, called the tenancy of Searigg, with the precept and instrument of sasine following thereupon, together with a decreet of improbation recovered at the instance of his majesty's advocate for the time. And the said late Sir James Murray, before the lords of council and session upon 23 March 1616, against John Carruthers of Howmains, George Carruthers, his son, John Ferguson in Ruthwell, John Paterson there, John Clerk there, Cuthbert Gask in Kirkstyle, John Gask there and Wilkeine Johnston of Elshieshields, determining and ordaining all and sundry pretended infeftments, charters, rentals and other writs particularly and generally mentioned in the said decreet made and granted to the forenamed persons, or any of them, or their late fathers, grandfathers or any other of their predecessors to whom they might succeed by right of blood, of the lands and others particularly above-written or of whatsoever parts or portions thereof, or of whatsoever annualrents or pensions forth thereof by the forenamed persons, their authors and predecessors, or any of them, to make no faith in judgment nor outwith in time coming; together also with the submission and decreet arbitral following thereupon set down between the said Sir Richard on the one part, and Dame Janet Douglas, widow of the said late Sir James, Margaret, Elizabeth and Marion Murray, their lawful daughters, on the other part, of the date 29 June 1621, whereby the said parties submitted them and all lands and heritages which the said daughters as heirs of line to the said late Sir James might claim, pretend or have right to by succession or otherwise, and regarding what sums of money the said Sir Richard should pay to them, therefore to the decision of John [Murray], earl of Annandale etc., then designed John Murray of Lochmaben, as only judge arbitrator commonly chosen by both the said parties, who, by his said decreet arbitral pronounced therein by virtue thereof, and of a prorogation of the same submission granted by the said parties, determined and ordained the said Margaret, Elizabeth and Marion Murray to renounce, convey and give over to and in favour of the said Sir Richard Murray, his male heirs and successors all and sundry lands, baronies, mills, woods, fishings, advocations, donations and right of patronage of the kirks, benefices, chaplainries, tenants, tenancies, service of free tenants, annexes, connexes, parts, pendicles and pertinents of the same, steadings, tacks of lands and teinds, as well parsonage as vicarage, reversions, rooms and possessions whatsoever which pertained to the said late Sir James Murray, their father, the late Charles Murray, their grandfather, or any other of their predecessors to whom they might succeed by right of blood, as the same, containing diverse other heads, set down in favour of the said Sir Richard, of the date 19 November 1622, which, with the said submission and prorogation whereupon the same proceeded, were upon 1 February 1623 registered in the books of council and session, more amply purports. And in like manner that charter and infeftment under the great seal, granted by our said late sovereign lord, King James VI, of blessed memory, in favour of the said late Sir James Murray, his male heirs and assignees whatsoever, of the date 30 January 1607, of all and whole the salmon fishing and other fish within the water of Annan, between the march of Brydekirk and the foot of the said water of Annan running into the water of Solway under the Barnkirk, comprehending the garths† and pools underwritten, namely: the King's Garths, Black Pool, Pool under Gallobank, Brig Pool and Mot Pool, together with all other garths, pools, holds, lakes and nets within the bounds foresaid, lying within the stewartry of Annandale and sheriffdom of Dumfries; as also of all and whole the salmon fishing and other white fish of the banks and coups of Cummertrees, between the burn called the Meirbank of Newby running into the said water of Solway, and the scar called the Brewing Scar pertaining to [James Douglas], lord Torthorwald, comprehending the scars underwritten, namely: the Hall Garth Scar, Little Hall Scar, Duchall Scar, Pow Scar, New Scar and Watt Scar, with all other scars, draughts, holds, lakes and nets within the bounds above-written, lying within the parish of Cummertrees and stewartry foresaid of Annandale, with all and sundry other parts, pendicles, privileges, commodities, easements and righteous pertinents whatsoever pertaining and belonging to the said fishings, with the precept and instrument of sasine following thereupon, together with the service and retour whereby the said Sir Richard is served and retoured male heir to the said late Sir James, his brother, in the said fishings, with the pertinents, with the precept directed forth of the chancellery for infefting of him therein, of the date 2 April 1621, with the instrument of sasine given according thereto; together also with that act of parliament of the date 24 June 1609, ratified to the said late Sir James, his male heirs and assignees the first infeftment above-written granted to him by our said late sovereign lord of the said fishings particularly above-mentioned in all and sundry heads, articles, clauses, obligations, points, passes, circumstances, articles and conditions of the same whatsoever specified and contained therein, dispensing with the generality foresaid, and admitting, determining and declaring the same to be as valid and sufficient in all respects as if every particular charter, infeftment or other written were specially at length word for word inserted herein. Likewise our said sovereign lord and estates of this present parliament will, grant, declare, statute and ordain that the infeftments and other rights particularly and generally above-mentioned, already granted and which are to be obtained by the said Sir Richard and his foresaids from the said heirs of line and others having interest, of the lands, fishings and others above-written, with the pertinents, are and shall be a valid and sufficient heritable right and security to the said Sir Richard Murray, his male heirs and assignees foresaid for holding, enjoying and possessing of the same lands, fishings and others above-written, with the pertinents, peaceably in all time coming, as their own proper heritage, without any stop, trouble or impediment whatsoever to be made or moved in the contrary by any person or persons, notwithstanding of any defect or infirmity (if any be) contained in the said infeftments and writs; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, 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 questions whatsoever that can be made or moved in the contrary; and to be registered in the books of parliament to have the force of a law and statute in all time coming.
[1633/6/176]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves the act or decreet pronounced and made by the lords and others of the commission for surrenders and teinds regarding the plantation of the kirk of Cockburnspath, of the date 28 January 1631, whereby they modified the sum of £100 to be paid by [James Home], earl of Home, to the minister of the said kirk of Cockburnspath and his successors as a part of the stipend of the said kirk; which sum of £100 thereby augmented, being joined to the former stipend of the said kirk whereof Master George Sydserf, minister thereat, was in possession of before, extending to four chalders of victual and £100 of silver, whereof 23 bolls of oats, 19 bolls of barley and 4 bolls of wheat paid by the said earl of Home, and 18 bolls of victual, whereof 9 bolls of barley and 9 bolls of oats, with £100 of silver, paid by the parson of Oldhamstocks, beside the small teinds called the vicarage teinds estimated to be worth yearly 100 merks, which the said minister intromits with and uplifts, will make the stipend of the said kirk to be four chalders of victual and 400 merks of silver, comprehending therein the vicarage teinds which are estimated to be 100 merks, in all points, articles and clauses therein contained, after the form and tenor thereof, except in so far as the same is altered and discharged in manner following; and declares and ordains this present ratification thereof to be as sufficient in all respects as if the same were at length and word by word inserted and engrossed herein. And forasmuch as by the said decreet the making of a particular local assignation for payment of the said sum of £100 augmented as said is, and the directing of letters and charges for payment of the same, was superseded and continued until the acts and proceedings of the said commissioners in execution of the commission granted to them were exhibited to the estates of parliament and approved by them, against the which suspension and continuation there was a protestation made in presence of the said commissioners, of the date 9 February 1631, by John [Guthrie], bishop of Moray, Adam [Bellenden], bishop of Dunblane and John [Abernethy], bishop of Caithness, in their own name and in name of the other bishops and ministers throughout this kingdom, and appellation made to his majesty for redress, as the protestation made in relation to bears at length. And his majesty and estates of this present parliament, being willing that the said whole stipend, as well old stipend as augmentation thereof foresaid, be paid to the said minister and his successors, as well of the said crop and year of God 1631 as of all years and crops since and perpetually in all time coming, therefore his majesty, with advice and consent foresaid, by this act, rescinds, annuls and discharges the foresaid superseding and continuation contained in the said decreet or act regarding the plantation of the said kirk, and decrees and ordains the said whole stipend, as well old stipend as augmentation thereof above-specified, to be paid to the said minister and his successors according to the said decreet of plantation, as well of the said crop 1631 and of the crop 1632 as of this instant crop 1633, and in all time coming. And ordains the said decreet of plantation and this present ratification thereof to be sufficient right and security to the said minister and his successors for possessing and enjoying of their said stipend, both old stipend and new augmentation thereof foresaid, perpetually in all time coming, 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.
[1633/6/177]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament presently convened, ratifies, approves and perpetually confirms the charter underwritten made, given and granted to Sir John Charteris of Amisfield, son to the late Sir John Charteris of Amisfield, knight, styled in the said charter John Charteris, eldest lawful son and apparent heir to the said late Sir John Charteris of Amisfield, knight, his father, and his male heirs, by his majesty's late dearest father, King James VI, of eternal memory, of the date at Edinburgh, 17 March 1613, of all and whole the lands and barony of Amisfield, comprehending the particular lands and others mentioned in the said charter, together with the burgh of barony, erection thereof, whole liberties, freedoms and privileges of the same, with the union and erection of the said lands and others above-written in a free barony, to be called in all time coming the barony of Amisfield, and the town and village of Amisfield to be the burgh of the said barony, with sasine to be taken at the manor place of Amisfield for the said whole lands, barony and others foresaid to be held of our said sovereign lord and his highness's successors in free heritage and free barony for ever, together with the castles, towers, fortalices, manor places, houses, buildings, dovecots, yards, orchards, parks, meadows, muirs, mosses, marshes, commonties, pasturages, privileges, mills, woods, fishings, parts, pendicles, outsets, annexes, connexes, dependencies, tenants, tenancies and service of free tenants of all and sundry the lands, barony, burgh of barony and others respectively foresaid, with the pertinents, all lying within the sheriffdom of Dumfries, with the precept and instrument of sasine following upon the said charter, in the whole heads, clauses, articles, circumstances and conditions thereof whatsoever, after the forms and tenors of the same in all points, saving always and reserving to his majesty and his highness's successors the rights, duties and services of the lands and others above-mentioned owing and accustomed to his highness and his predecessors before this present confirmation. Moreover, our said sovereign lord, with advice and consent of the estates of this present parliament convened as said is, decrees and ordains that this present confirmation is and shall be of as great value, force, strength and effect to the said Sir John Charteris of Amisfield, knight, his male heirs, successors and assignees as if the said charter, precept and instrument of sasine following thereupon were word by word and expressly inserted herein, regarding the which, and all and sundry other defects, imperfections and impediments (if any be) that may be objected against the validity of the said charter, precept and instrument of sasine following upon the same or this present confirmation thereof, our said sovereign lord, for his highness and his successors, with advice and consent above-written, has dispensed and by this act dispenses for ever.
[1633/6/178]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, has ratified and approved and, by ths act, ratifies and approves the letter of tack and assedation set, made and granted by a reverend father in God, John [Spottiswood], archbishop of St Andrews, with consent of the chapter of the metropolitan kirk thereof, to the late Sir William Hart of Preston, knight, justice depute of this realm for the time, Dame Margaret Cairncross, his spouse, and to John Hart, their son and then apparent heir, and to the said John, his nearest and lawful heir succeeding to him, and after that heir's decease to the same heir's heir during all the space, years and terms of all their lifetimes respectively and successively after others, and to the said last heir, his heirs and assignees for all the days and terms of 19 years next following the same last heir's decease, and after the termination of the said 19 years, for the space of another 19 years, and after the termination and expiring of the said last 19 years, for the space of another 19 years, of all and sundry the teind sheaves of the town and lands of Little Preston, with parts, pendicles and pertinents thereof, lying within the parish of Preston and sheriffdom of Edinburgh, of the date 19 January 1616, together with the letters of assignation and disposition made by the said Dame Margaret Cairncross to his highness's beloved Sir Patrick Hamilton, now of Preston, knight, heritable proprietor of the said lands, his heirs and assignees, of her liferent of the said tack and right of the said teinds of the lands above-specified contained in the contract and appointment made between the said Sir Patrick Hamilton, therein designed Master Patrick Hamilton, brother-german to his highness's right trusty cousin, Thomas [Hamilton], earl of Haddington, lord Binning and Byres etc., on the one part, and the said Dame Margaret, with consent of certain persons specified therein, on the other part, of the date 18 June 1619; together also with the letters of assignation made by the said John Hart, sometime of Little Preston, son and heir of the said late Sir William Hart, to the said Sir Patrick Hamilton and his foresaids, of the foresaid tack and assedation set, made and granted by the said reverend father in God, with consent above-specified, to the said late Sir William Hart and his said spouse and son and their foresaids, of the said teind sheaves of the said town and lands of Little Preston, with their foresaids, and of all other tacks, rights and titles of the said teinds set, made and granted to the said John and his said late father, and to William Hart, his brother, or any of them, of the said teinds, which assignation is dated 7 December 1621; together likewise with the letters of ratification made and granted by Sir James MacGill of Cranstoun-Riddel, knight, one of the senators of the college of justice, of the tack and assedation above-specified of the teind sheaves foresaid, and assignation and disposition of the same respectively above-mentioned, made and conceived in favour of the said Sir Patrick Hamilton and his foresaids, and assignation made by the said Sir James MacGill to the said Sir Patrick Hamilton and his foresaids of the tacks and rights of the teinds of the said lands of Little Preston contained in the contract and appointment made between the said Sir James MacGill, therein designed Master James MacGill of Cranstoun-Riddel, with consent of Hugh MacGill, one of the prebendaries of the college kirk of Corstorphine, on the one part, and the said Sir Patrick Hamilton, on the other part, of the date 28 August 1622, registered in the books of council upon the same day and year, in all and sundry heads, clauses, articles and conditions contained in the said tack, assignations, dispositions and ratification thereof foresaid, after the forms and tenors of the same in all points. And his majesty, with consent foresaid, wills and grants and, for his highness and his successors, decrees and declares that the foresaid tack and assedation and assignations, dispositions and ratification thereof respectively above-specified are good and valid rights to the said Sir Patrick Hamilton, his heirs and assignees for possessing and enjoying of the said teind sheaves of the town and lands of Little Preston, with their foresaids, in all time coming, 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.
[1633/6/179]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the charter and infeftment granted by his majesty to Master Andrew Murray of Balvaird and to his male heirs and of tailzie specified therein, of all and whole the lands and barony of Drumduff, comprehending therein the particular lands, kirks, teinds, offices and superiorities at length specified and contained in the said infeftment, all united and annexed in a whole and free barony, called the barony of Drumduff, to be held of his majesty in manner and form mentioned in the said infeftment, as the same infeftment of the date at Holyroodhouse, 14 July 1632 at more length bears, in the whole heads, articles, clauses and conditions therein contained; and wills and grants that this present ratification shall be as valid and effectual to the said Master Andrew Murray of Balvaird and his foresaids as if the said infeftment were word for word inserted herein, notwithstanding the not inserting thereof; concerning which, our said sovereign lord has dispensed and by this ratification dispenses for ever.