Legislation: private acts
Act in favour of John Hamilton of Boghall and his spouse

Our sovereign lord, for himself and as father, lawful tutor, guider and administrator to his highness's dearest son, Charles, prince of Scotland and Wales, stewart of Scotland, duke of Rothesay, Albany, Cornwall and York, earl of Carrick and Cunninghame, lord of the Isles, baron of the barony of Renfrew and so superior of the lands and others underwritten, and three estates of this present parliament, ordains a ratification to be made therein to and in favour of his highness's beloved John Hamilton of Boghall and Helen Home, his spouse, their heirs and assignees underwritten, ratifying and approving and, for his highness and his said dearest son, the prince, and their successors, perpetually confirming the charter made, given and granted by our said sovereign lord, for himself and as father, lawful tutor, guider and administrator of his highness's said dearest son, the prince, superior of the lands and others underwritten pertaining to the said principality, with advice and consent of his highness's principal treasurer and other lords of his highness's exchequer of Scotland, his highness's commissioners, to the said John Hamilton and Helen Home, his spouse, the longest liver of them two in conjunct fee, their heirs and assignees therein contained heritably, of all and whole the towns and lands of Lochtulloch and Deans, and of all and whole the lands of Boghall, with the manor place and outset thereof called Craigschinney, and mill of Lochtulloch, mill lands and multures thereof, with all and sundry the manor places, houses, buildings, orchards, yards, parks, woods, fishings, meadows, muirs, mosses, tofts, crofts, outsets, insets, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles, privileges and pertinents whatsoever pertaining and belonging to the said towns and lands of Lochtulloch, Deans and Boghall, mill of Lochtulloch, mill lands thereof or any part of the same, lying within the parish and sheriffdom of Bathgate and of old by annexation within the sheriffdom of Renfrew; and made and granted to the said John Hamilton, his heirs and assignees therein contained heritably, of all and whole the town and lands of Starlaw, with the houses, buildings, yards, meadows, muirs, mosses, tofts, crofts, outsets, tenants, tenancies, service of free tenants, parts, pendicles and pertinents thereof whatsoever, lying within the parish and sheriffdom foresaid, upon the resignation thereof made by the late John Lawson of Boghall, who was heritor thereof of before, with the confirmation and new gift contained in the said charter and union and erection of the said whole towns, lands, mill and others above-written, with the pertinents, in a whole and free barony, to be called in all time coming the barony of Boghall, ordaining the said manor place of Boghall to be the principal messuage of the said barony where a sasine to be taken in all time coming shall stand and be a sufficient sasine for all and whole the said lands, barony and others above-written in manner specified in the said charter, to be held of his highness's said dearest son, the prince, and his successive princes and stewarts of Scotland, in fee heritage and free barony for ever, as the said charter under his majesty's great seal, of the date 17 December 1631, at more length bears, with the precept of sasine following thereupon under the testimony of his highness's great seal of the same date, with the 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 therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord, for himself and as father, lawful tutor, guider and administrator to his highness's said dearest son, the prince, and estates of parliament, wills and grants and, for his highness and his successors, decrees and ordains that this present general ratification of the said charter, precept and sasine is and shall be as effectual and sufficient and of as great force, strength and effect to the said John Hamilton, his spouse and their foresaids for possessing of the said lands, barony and others above-written, and whole privileges and liberties therein contained in all time coming as if the same were all at length engrossed and inserted in the said ratification; concerning which, and with all other defects and imperfections which may be proposed or alleged against the said infeftment and this present ratification thereof and validities of the same, our said sovereign lord, for himself and as father, tutor, guider and administrator of his highness's said dearest son, the prince, and estates of parliament, for their highness and their successors, have dispensed, and by this ratification dispense for ever, and ordain this present ratification to be extended in the most ample form with all clauses necessary and requisite.

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Act in favour of William Lockhart of Carstairs

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 most blessed memory by Sir James Lockhart of Lee, knight, and William Lockhart of Carstairs, his son, and their predecessors, ordain an act to be made ratifying and approving and, for his highness and his successors, perpetually confirming that charter and infeftment granted by a reverend father in God, John [Spottiswood], then archbishop of Glasgow and now of St Andrews, with consent of the dean and chapter of the metropolitan kirk of Glasgow, to the said Sir James, his male heirs and of provision therein mentioned, of the whole lands of the barony of Carstairs, extending to a forty-eight pound land of old extent, mill, mill lands and others therein contained (except that fifty shilling land pertaining to [John Erskine], earl of Mar) to be held of the archbishop of Glasgow in feu ferm, of the date 5 and 12 March 1611, proceeding upon the alienation of the late James Hamilton of Avondale. Item, another charter granted to the said Sir James and his foresaids of the said lands of the barony of Carstairs, mill and others therein contained, except as is before excepted, of the date foresaid of the said former charter by the said archbishop of Glasgow, with consent of the dean and chapter, originally having no relation to any adminicle held feu of the said archbishop of Glasgow and his successors, together with a confirmation passed under the great seal of the said two charters, of the date 2 June 1612. Item, a charter and infeftment granted by a late reverend father in God, James [Law], late archbishop of Glasgow, with consent of the dean and chapter of the cathedral kirk thereof, of the date 5 August 1629, of certain pieces and portions of the said lands of the barony of Carstairs in favour of the said William Lockhart and Marion Hepburn, his spouse, and longer liver of them two in conjunct fee, and their heirs and assignees therein mentioned, and of the whole other lands of the said barony, mill and others therein contained, in favour of the said William and his foresaids, to be held feu as said is, proceeding upon the resignation of the said Sir James, his father. Item, another charter and infeftment granted by the said late archbishop of Glasgow, with consent above-written, containing a new gift therein, of the date the said 5 August 1629, confirming a charter granted by the said Sir James, his father, of certain pieces and portions of the said lands of the barony of Carstairs in favour of the said William Lockhart and Marion Hepburn, his spouse, and longer liver of them two in conjunct fee, and their heirs and assignees mentioned therein, and of the whole other lands of the said barony, mill and others therein contained in favour of the said William and his foresaids, to be held feu as said is, which charter is of the date 22 August 1627. Item, that charter and infeftment under the great seal, of the date 10 September 1614, granted by our late dearest sovereign lord King James VI, of blessed memory, to and in favour of the said Sir James Lockhart and Dame Jean Auchinleck, his spouse, and the longer liver of them two in conjunct fee, and the male heirs lawfully procreated or to have been procreated between them, which failing, his other male heirs and of provision and their assignees mentioned therein, of the advocation, donation and right of patronage of the parish kirk and parish of Carstairs, parsonage and vicarage thereof, and forty penny land of Treipholme whereto the same is annexed, as the said writs and infeftments in themselves more amply purport, which are hereby held as engrossed word for word herein, with the not inserting whereof our said sovereign lord has dispensed, and with advice and consent foresaid dispenses for ever in all and sundry heads, articles, clauses, obligations, points, passes, circumstances and conditions of the same whatsoever specified and contained therein. Likewise our said sovereign lord and estates of this present parliament will, grant and declare, statute and ordain that the said Sir James Lockhart and his spouse during their lifetimes, and the said William Lockhart and his spouse, according to their several rights, their heirs and successors, shall peaceably hold, enjoy and possess the said lands of the barony of Carstairs, mill and pertinents thereof (except before excepted), with the advocation, donation and right of patronage of the said parish kirk and parish of Carstairs, parsonage and vicarage thereof, and lands of Treipholme whereto the same is annexed, at their pleasure in all time coming as their own proper heritage, after the form and tenor of their infeftments thereof particularly above-written, and other writs establishing the right thereof in their authors' and predecessors' persons, without any stop, trouble or impediment whatsoever to be made or moved in the contrary by any person or persons whatsoever, notwithstanding of any defect or infirmity if any be contained in the said infeftments or any of them; concerning which, our said sovereign lord, for his highness and his successors, with advice and consent of the said estates, has dispensed and dispenses for ever; ordaining the foresaid act to be a sufficient supplement of all faults and defects if any be contained in the said infeftments and against all actions and questions whatsoever that can be made or moved in the contrary; ordaining the foresaid act to be registered in the books of parliament to have the strength of a law and statute of parliament in time coming and that execution pass as appropriate, with provision always that this present ratification nor no clause contained therein shall be hurtful or prejudicial to the noble lords James [Hamilton], marquis of Hamilton, William [Douglas], marquis of Douglas, nor to a reverend father in God, Patrick [Lindsay], archbishop of Glasgow, nor to neither of them, their heirs and successors, in their or either of their rights, privileges and infeftments of and concerning the lands and others contained therein, but that the same shall remain with them and their foresaids, and have as great force, strength and effect to all intents and purposes as if the said ratification had never been granted.

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Act in favour of Master Robert Gordon of Straloch

Our sovereign lord, with advice and consent of the three estates of parliament presently convened, by the tenor hereof, ratifies, approves and confirms the letter of tack and assedation, of the date at Dunblane, 6 October 1630, made, set and granted by Adam [Bellenden], bishop of Dunblane, titular of the teind sheaves of the towns, lands and others underwritten sometime pertaining to the priory of Monymusk as a part of the patrimony and benefice thereof, and now annexed to the said bishopric of Dunblane by an act of parliament, with advice and consent of the dean and chapter of the cathedral kirk of Dunblane, to Master Robert Gordon of Straloch, his male heirs and assignees, of all and sundry the whole teind sheaves of the towns, lands and others respectively underwritten, namely: of all and whole the lands, living and barony of Lynturk, town and lands of the mains thereof and mill lands of the same, town and lands of the Newtoun thereof, town and lands of Farmton, town and lands of Little Lynturk, town and lands of Claymill, town and lands of Drumdaig, croft of land of Bridgend, whole parts, pendicles and pertinents thereof, lying within the parish of Leochel, the said priory of Monymusk and sheriffdom of Aberdeen, for the space and years and for payment of the yearly duty mentioned and contained in the said letter of tack, in the whole heads, articles, clauses, conditions and circumstances contained therein, and admits this present ratification to be as valid and sufficient as if the said letter of tack were at length engrossed herein; concerning which, his majesty and the said estates of parliament, by this ratification, dispense for ever, and ordain an act of parliament to be extended thereupon in due form, and this ratification to be a sufficient warrant relating thereto and for inserting of the same in the register and books of parliament.

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Act disuniting the kirks of Abdie and Newburgh

Our sovereign lord and three estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve the separation and disunion of the kirks of Abdie and Newburgh, within the sheriffdom of Fife, made by special consent of the patron gentlemen of the parishes, heritors and all other parties having interest for the time, possessed by two ministers, ratified by act of synodal assembly and act of the lords commissioners for the surrenders and teinds already, and also the maintenance and provision of the kirk and parish of Newburgh convened and agreed upon already or to be modified hereafter; and ordains the same kirk of Newburgh and parish thereof to be a distinct kirk and parish by itself in all time coming separate from the said kirk of Abdie.

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Act regarding the parish kirk of Strichen

Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the act of the diocesan synod of Aberdeen, of the date 1 May 1622, whereby and for the causes onerous contained therein Patrick [Forbes], bishop of Aberdeen, and whole assembly foresaid, with consent of Sir Alexander Fraser of Fraserburgh, knight, patron of the parishes of Rathen and Fraserburgh, and of [Simon Fraser], lord [Fraser of] Lovat in whose person the comprising thereof was devolved, and Thomas Fraser of Strichen, their procurator, and Master William Davidson, minister at the said kirk of Rathen, and Master William Forbes, minister at the said kirk of Fraserburgh, agreed to the disjoining of the 35 ploughlands and five mills lying within the said parish of Rathen therein mentioned, with the teind and vicarage thereof, from the said parish kirk and parish of Rathen, and of the six ploughlands of Faithlie specified therein, with the teinds and vicarage thereof, from the said parish of Fraserburgh, and that the same should be erected in a new parish, and that the said lands and ploughlands should be annexed to the kirk of Strichen and the teind sheaves and vicarage thereof resigned in favour of the said Thomas Fraser of Strichen and his heirs for erecting of a new parish kirk of Strichen and giving a competent provision thereto under the provision mentioned in the said act of assembly. And also another act of the said diocesan synod or assembly of Aberdeen, of the date 19 April 1626, whereby the said Patrick, bishop of Aberdeen and assembly foresaid ratified the bond made by the said Master William Davidson, minister at Rathen, to Alexander Fraser, younger, of Philorth, and the late Simon, lord Fraser of Lovat, in favour of the said Thomas Fraser of Strichen regarding the erection and provision of the said kirk of Strichen, and dismembering of the said parish of Rathen in manner and for the causes contained in the said bond, which is of the date 22 October 1625, under the provisions mentioned in the said last act, in all points, articles and clauses contained in the said two acts of the said diocesan synods or assemblies in so far as the same two acts have ordained the erection of the foresaid kirk of Strichen and dismembering of the lands and others foresaid from the said parishes of Rathen and Philorth. And likewise by this act ratifies and approves the contract and appointment passed between the said Alexander Fraser, younger, of Philorth, patron of the said parish kirks of Rathen and Philorth, and the said Thomas Fraser, elder, of Strichen, and Thomas Fraser, younger, of Strichen, his eldest lawful son, on the one and other parts, of the date at Aberdeen, 25 May 1630, inserted and registered in the books of council and session upon 22 August 1631, regarding the establishing of the right of patronage of the said parish kirk of Strichen in the person of the said Thomas Fraser, elder, of Strichen, and his said son, together with the procuratory of resignation therein contained and instrument of resignation following thereupon, and the signature superscribed by his majesty's hand and composed and passed in his highness's exchequer granted in favour of the said Thomas Fraser, elder, of Strichen and his said son of the lands and barony of Strichen, and of the patronage of the kirk of Strichen, and of sundry other lands and others therein mentioned, in all and sundry points, articles and clauses therein contained after the forms and tenors thereof; and declares, statutes and ordains this present ratification to be as good and sufficient in all respects as if the two acts foresaid of the said assemblies, with the foresaid contract, instrument of resignation and signature above-mentioned, were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification. And furthermore his majesty, with advice and consent foresaid, of new dismembers and disjoins the lands and others particularly above-written from the said parish kirks and parishes of Rathen and Philorth, and of new unites and erects the same in the said parish of Strichen, and statutes and ordains the said parish kirk and parish of Strichen to be in all time coming a separate and distinct parish kirk and parish apart from the said parish kirks and parishes of Rathen and Philorth. And in like manner finds, declares, statutes and ordains this present act, together with the charter and infeftment to be completed upon the said signature, to be a sufficient, valid and undoubted right and security to the said Thomas Fraser, elder, and his said son, their heirs and assignees mentioned in the said signature, for the peaceable possessing and enjoying in all time coming of the right of patronage of the said kirk and parish of Strichen, parsonage and vicarage thereof, and ordains 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 nor no part thereof shall be hurtful or prejudicial to [Patrick Leslie], lord Lindores, his rights, privileges and infeftments of the same, but that the said rights shall remain with him and his successors as of before, notwithstanding of the said ratification.

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Act in favour of Sir George Hamilton

Our sovereign lord, with advice and consent of the estates of this realm convened together in parliament, ordains an act of ratification to be made in this present parliament in favour of his majesty's well-beloved Sir George Hamilton of Blackburn, knight, ratifying, approving and confirming, likewise his majesty, by this act and tenor of the said act, ratifies, approves and with consent foresaid confirms a charter of confirmation granted under his majesty's great seal, of the date 28 March 1622, whereby his majesty's late dearest father, of eternal memory, ratified and approved the charter, alienation and disposition made, given and granted by his majesty's trusty cousin William [Sinclair], lord Sinclair of Berriedale, to the said Sir George Hamilton, his heirs and assignees whatsoever heritably and irredeemably, of all and sundry lands, baronies, annualrents of the earldom of Caithness, with castles, towers, fortalices, mills, multures, woods, fishings, tenants, tenancies, service of free tenants thereof, with advocation, donation and right of patronage of the hospital of St Magnus in Caithness and of all other benefices, kirks, chaplainries, altarages of the said earldom, and particularly of the arch-deanery of Caithness and two kirks of Bower and Watten pertaining thereto, parsonage and vicarage thereof, and of the lands and baronies of Clyth and Greenland, with all and sundry their parts, pendicles, mills, multures, tenants, tenancies, service of free tenants, outsets and all their pertinents whatsoever lying within the bishopric of Caithness, held of our said sovereign lord in manner mentioned in the said charter, as in the same at length is contained, together also with the charters and rights whereupon the said charter of confirmation proceeded and infeftments following thereupon in the whole heads, articles, clauses, circumstances and conditions thereof, and by this act our said sovereign lord, with advice and consent of the said estates, decrees and declares that the charters and infeftments above-written shall be sufficient grounds, rights and titles whereby the said Sir George Hamilton, his heirs and assignees, may hold, enjoy and possess the lands, baronies, annualrents, advocation, donation and right of patronage of the said hospital of St Magnus, and of the several and particular kirks above-contained, likewise, as freely and in the same manner as any earl of Caithness has, or might have, possessed or enjoyed the said lands, baronies, annualrents and patronages above-specified in any time bygone; and ordains this ratification to be sufficient warrant for making an act in the said parliament in manner above-written.

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Act uniting certain lands to the kirks of Corstorphine and Hailes

Our sovereign lord and estates of parliament not only ratifies and approves the act of union made by the lords commissioners for the surrenders and teinds, according to the power and warrant given to them by their commission, whereby the said lords have dismembered the lands of Saughton, Craiglockhart and Ravelston from the parish of St Cuthberts in respect of their far distance from the said parish, and have united, annexed and adjoined the said lands of Saughton and Ravelston to the parish of Corstorphine, and the said lands of Craiglockhart to the parish of Hailes, in respect of the nearness of the foresaid lands to the said parishes respectively, in manner mentioned in the foresaid act, which is of the date 17 February 1630, in all points according to the tenor of the said act. But likewise his majesty and estates foresaid of this present parliament, in consideration of the reason above-written mentioned in the said act, of new dismembers the forenamed lands of Saughton, Craiglockhart and Ravelston from the said parish of St Cuthberts in respect of their far distance therefrom, and unites, annexes and adjoins the said lands of Saughton and Ravelston to the said parish of Corstorphine, and the said lands of Craiglockhart to the said parish of Hailes, in respect of the nearness of the said lands to the foresaid kirks respectively, and ordains the heritor and tenants of the said lands of Saughton and Ravelston to repair to the said kirk of Corstorphine and the heritor and tenants of the said lands of Craiglockhart to repair and resort to the said kirk of Hailes as to their ordinary parish kirks at all times requisite and necessary, and to be served thereat as their own parish kirks in all time coming, without prejudice always to [John Bothwell], lord Holyroodhouse of his parsonage teinds and to the minister of St Cuthbert's kirk of his vicarage teinds of the foresaid lands during the said minister's lifetime only; which vicarage teinds shall thereafter fall to the ministers of the kirks whereto they are annexed, according to the foresaid act of the commissioners above-written.

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Act in favour of James Hay of Smithfield

Our sovereign lord, with advice and consent of his highness's whole estates of this present parliament, ordains a ratification to be made therein to his majesty's trusty and familiar servant James Hay of Smithfield, one of the esquires of his highness's body, his male heirs and of tailzie after-specified, ratifying, approving and, for his majesty and his highness's successors, perpetually confirming, likewise his majesty, with advice and consent foresaid, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made and granted by our sovereign lord under his highness's great seal to the said James Hay and the male heirs lawfully procreated or to be procreated of his body, which failing, to his nearest and lawful male heirs whatsoever bearing the arms and surname of Hay heritably, all and sundry the lands and others underwritten, namely: of all and whole the lands of Smithfield, with the tower, fortalice, manor place, yards, orchards and all their pertinents; all and whole the lands of Crocecunningfield and Catcorson, with the meadow and pendicle thereof called the Struther, and lands of Horsburghhaugh and Duikhauch, being proper parts and pertinents of the same lands of Crocecunningfield and Catcorsan, with tenants, tenancies, service of free tenants thereof and all their pertinents; all and whole the lands of Swynhope, with the mill of Swynhope, mill lands, multures, sequels, kiln, houses, buildings, yards and pertinents thereof whatsoever; all and whole the lands of Flatt and all and whole two acres of land lying beside the burgh of Peebles, with all and sundry their pertinents, all lying within the sheriffdom of Peebles, with special liberty and privilege of pasturing of goods upon the commonties of Swynhope, Esheils, Venlaw and Glentress lying adjacent to the said lands of Smithfield, Swynhope and Flatt, and to pull heather and to cast, extract and take away peats, turfs and fuel thereupon, and to convey upon the same at their pleasure as their commonties adjacent to the said lands in all time coming; and all and whole the merkland of Spittlehope and Ferniehaugh, with the pertinents, extending to a third part of the said lands of Spittlehope sometime pertaining to William Lowes of Glack, lying within the sheriffdom of Peebles foresaid, as for the principal; and all and whole the lands of Horsburgh, with the pertinents, lying within the same sheriffdom, in special clause of warrandice of the same third part lands of Swynhope to be held of our said sovereign lord and his highness's successors in fee and heritage, as at more length is contained in the said charter under his highness's great seal, of the date at Holyroodhouse, 27 July 1624, together with the precept of sasine following thereupon under the testimonial of his highness's great seal of the same date, and instrument of sasine thereof given to the said James Hay according thereto, of the date the [...] day of August 1624, under the sign and subscription manual of Andrew Hay, notary public, and with all other charters, infeftments, precepts, instruments of sasine, confirmations, services, retours, infeftments and sasines following thereupon, procuratories and instruments of resignation and infeftments following thereupon, and all other writs, rights, titles and securities whatsoever made and granted by our said sovereign lord or any of his highness's predecessors or by whatsoever other person or persons to the said James Hay, John Hay, his brother, the late Alexander Hay, fiar of Smithfield, his eldest brother, the late John Hay of Smithfield, his father, or to any other of their predecessors, of or concerning the lands and others above-written, with the pertinents, or the said James Hay, his lands of Esheils and Spittlehope and chapel yards of St Leonards, three ruids of land at the Whitestone Hill beside the burgh of Peebles, and another three ruids of land lying beside the acres of the cross kirk of Peebles, and of the tenement of land called the Cunyienuik, lying in the bridge gate of the said burgh of Peebles, with all their parts, pendicles and pertinents whatsoever, all lying within the sheriffdom foresaid, of whatsoever date or dates, tenor or contents the same be, in all and sundry points, passes, heads, articles, clauses, provisions and conditions whatsoever therein contained, according to the tenor thereof in all points, with all that has followed, or may follow thereupon, willing and granting and, for his majesty and his highness's successors, with consent foresaid, determining and ordaining this present general ratification of the writs and evidents specially and generally foresaid to be as good, valid, effectual and sufficient to the said James Hay and his foresaids for possessing and enjoying of the lands and others above-written, with the pertinents, as their heritage at their pleasure in all time coming, according to the writs, rights, titles and securities foresaid granted to him and them thereupon likewise as if all and sundry the same evidents and writs specially and generally foresaid were at length and word by word engrossed herein; concerning which, and regarding the invalidity and imperfections of the said writs and grounds whereupon the same proceeded, or any clause contained therein, our said sovereign lord, for his highness and his successors, has dispensed and, by this act, with consent foresaid, dispenses for ever; and also ordains this act to be inserted amongst the other acts of his highness's parliament, regarding the which this act shall be a sufficient warrant.

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Act in favour of Sir James Balfour [of Kinnaird]

Our sovereign lord, for the good, true and thankful service done to his majesty by his highness's beloved Sir James Balfour of Kinnaird, knight, his highness's lyon king of arms, ratifies, approves and confirms to the said Sir James the charter of disposition and confirmation granted to him by his majesty, of the date at Holyroodhouse, 9 January 1631, of all and whole the lands of Kinnaird, with all and sundry the parts, pendicles and pertinents thereof, lying within the sheriffdom of Fife, and all other of his authors' and predecessors' infeftments of the said lands in so far as the same may corroborate the said Sir James's right of the said lands only; and decrees and declares the said charters and infeftments to be good, valid and sufficient rights to the said Sir James and his heirs provided to the said lands and to Dame Anna Aytoun, his spouse, according to her rights thereof, through which they may possess and enjoy the said lands according to their rights in all time coming, in the whole heads, articles, clauses, conditions, points and circumstances thereof.

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Act in favour of Alexander Cunningham of Barns

Our sovereign lord, with advice and consent of the three estates of this present parliament, by this act ratifies and approves the letter of confirmation made and granted by his majesty under his highness's great seal, of the date at Hampton Court, 25 October 1630, containing a ratification and confirmation made by his majesty of a contract and appointment passed between John [Lindsay], lord Lindsay, patron of the parish kirk and parish of Crail and as general tacksman of the teinds, parsonage and vicarage, lying within the said parish kirk and parish, with consent of his curators therein nominated, on the one part, and Alexander Cunningham of West Barns and John Cunningham, fiar thereof, his son, on the other part, of the date 8 March 1630, regarding the alienation and disposition made by the said John, lord Lindsay, with consent of his said curators, to the said Alexander Cunningham in liferent, and to the said John Cunningham, his son, his heirs and successors, heritors of the lands of West Barns, lying within the parish of Crail and sheriffdom of Fife, of all and sundry the teind sheaves and parsonage teinds of the said lands and barony of West Barns, with their pertinents lying as said is, and regarding the assignation and translation in their favour of his and his predecessors' tacks, titles and securities of the said teinds mentioned in the said contract; and by the which letter of confirmation his majesty not only promised in his highness's next parliament to ratify the said tacks, rights and securities made in favour of the said John, lord Lindsay, his predecessors and authors of the teinds, parsonage and vicarage, of the said parish and the said assignation, alienation and disposition, right and security contained in the said contract made by the said John, lord Lindsay, in favour of the said Alexander Cunningham, his said son and his foresaids, and the possession apprehended by them by virtue thereof, but also to give as much more security and right to the said Alexander Cunningham, his said son and his foresaids, of the teinds, parsonage and vicarage, of the said lands and barony of West Barns, whereby they may peaceably hold, enjoy and possess the same teinds as their proper heritage in all time coming, without perturbation, obstacle or impediment to be made to them therein by his majesty, his successors or any other of his highness's subjects, and without any other impositions or exactions to be exacted by his majesty or his successors than his majesty's annuities and impositions for pious uses as his majesty or his successors should grant and make to any others his majesty's subjects, heritable proprietors of whatsoever other lands and baronies within this realm, in all and sundry points, heads, articles and clauses contained in the foresaid letter of confirmation after the form and tenor thereof; and wills, declares, statutes and ordains that this present ratification of the foresaid letter of confirmation is, and shall be, as good and sufficient in all respects as if the same 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, finds, declares, statutes and ordains that the foresaid contract and letter of confirmation thereof above-mentioned and this present ratification thereof are and shall be sufficient, valid and lawful rights and securities to the said Alexander Cunningham, his said son and his foresaids, for the peaceable possessing and enjoying of the foresaid teinds, parsonage and vicarage, of the said lands and barony of West Barns perpetually in all time coming according to the said contract and letter of confirmation foresaid following thereupon, 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, with provision always that this present ratification shall in no way prejudice a reverend father in God, John [Spottiswood], archbishop of St Andrews, nor his successors, of the rights and infeftments which he or they have or may have thereto, but that the same shall remain with them as of before notwithstanding of the said ratification.

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Act in favour of [Alexander Elphinstone], master of Elphinstone

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 the charter made, given and granted by his highness's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith etc., to his highness's beloved Alexander, master of Elphinstone, for the whole, and Dame Elizabeth Drummond, his spouse, the longest liver of the two in conjunct fee, for a part, and the male heirs lawfully procreated or to be procreated between them, which failing, the said Alexander, master of Elphinstone, his male heirs, bearing the surname and arms of Elphinstone in fee heritably, of all and whole the lands, lordship and barony of Elphinstone, with the castle, tower, fortalice, manor place, houses, buildings, yards, orchards, dovecots, mills, mill lands, multures, sequels, knaveships, coals, coal pits, woods, forests, parks, hainings, meadows, fishings as well of salmon as other fishes, with all yairs, cruives as all other engines of fishing in all the parts of the Water of Forth, parts, pendicles, annexes, connexes, dependencies, tenants, tenancies, service of free tenants thereof and all their pertinents, with full power, privilege and liberty to build and have a ferry boat and coble at Elphinstone for transporting of his highness's lieges and all other strangers on both the sides of the said water in all time coming; the fourth part of the lands of Airthbeg, with the dovecots, coals, coal pits, and pertinents; all and whole the lands of Bannockburn, mills, multures, dovecots, coals, coal pits and pertinents thereof, together with an oxengate of land in the hill of Airth, called the Rosehill, with the dovecots, coals, coal pits and pertinents; all and sundry the lands of Carnock, quarries and plain, with the dovecots, coals, coal pits and pertinents thereof; the lands of Craigforth, with the mills, mill lands, multures, woods, parks, thickets and fishings of salmon, as well as other fishings, in all parts of the said Water of Forth, with the cruives and yairs, dovecots, coals, coal pits and all others pertinents, with the towers, fortalices, manor places, yards, orchards, houses, buildings, meadows, parks, thickets, mills, multures, woods, dovecots, fishings, cruives, coals, coal pits, parts, pendicles, annexes, connexes, dependencies, tenants, tenancies, service of free tenants of all and sundry the said lands and others particularly above-written, with all their pertinents, all lying within the sheriffdom of Stirling; and all and whole the half of all and sundry the lands and barony of Calder, with the tower, fortalice, manor place, tenants, tenancies, service of free tenants thereof and all their pertinents, in special warrandice and security of all and whole the said hills of Airth, with the fishings thereof, and of certain other lands mentioned in the said charter, lying within the sheriffdom of Perth, and of diverse and sundry other lands, lordships, baronies, mills, woods, fishings and others mentioned in the said charter; reserving always to Alexander, lord Elphinstone his freehold or liferent of all and sundry the said lands, lordship, barony and others contained in the said charter, except these lands and others therein mentioned wherein the said Dame Elizabeth Drummond is provided and infeft in conjunct fee in manner therein mentioned, and the union and incorporation of all and sundry the said towns, lands, mills, woods, fishings and others above-written therein contained in all and whole a free lordship and barony, called the barony of Elphinstone, to be held of our sovereign lord and his highness's successors in fee heritage, free lordship and barony for service of ward and relief, which, with the marriage, when it shall happen, are taxed and liquidated to the particular sums of money to be paid thereof in manner specified in the said charter, as the same under his majesty's great seal, of the date 5 July 1608, at more length bears, with the precept of sasine following thereupon under the testimony of the great seal of the same date and instrument of sasine following thereupon of the date 15 December 1608, in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present ratification of the said infeftment, charter, precept and sasine is and shall be of as great force, strength and effect to the said Alexander, master of Elphinstone, his male heirs and assignees foresaid, for possessing of all and whole the said lands, lordship and barony of Elphinstone, comprehending the particular towns, lands, mills, fishings, coals, coal pits and others above-written, with the pertinents, united and annexed in the said lordship and barony of Elphinstone, as if the said charter, precept and instrument of sasine were all at length word for word inserted, engrossed and contained in the said ratification; concerning which, and with all other defects and imperfections which may be proposed or alleged against the said infeftment, charter, precept and sasine and this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and, for his highness and his successors, by this ratification, dispense for ever, and that the said ratification be further extended in the best form with all clauses necessary.

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Act in favour of Master Alexander Keith of Benholm

Our sovereign lord and estates of this present parliament have ratified, approved and confirmed and, by the tenor hereof, ratify, approve and confirm the charter and infeftment made and granted by our said sovereign lord under his highness's great seal to Master Alexander Keith of Benholm, designed therein Master Alexander Keith of Phesdo, his heirs and assignees therein specified, of all and sundry the lands and barony of Benholm, comprehending therein the lands, baronies, castles, towers, fortalices, manor places, mills, woods, fishings and others respectively, particularly and generally expressed and set down in the said charter, which is of the date [...] July 1632, with the precept and instrument of sasine following thereupon in the whole heads, articles, clauses, circumstances and conditions thereof; and wills, grants and declares that this present general ratification and approbation of the same is and shall be as valid, effectual and sufficient to the said Master Alexander Keith, his heirs and assignees specified therein, as if the same infeftment, precept and instrument of sasine respectively were at length, word by word, engrossed and set down herein; concerning which, our said sovereign lord and estates foresaid have dispensed and, by this act, dispense for ever.

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Act dissolving four prebendaries from the parish kirk of Corstorphine to the college kirk thereof

Our sovereign lord, considering that lately by the procurement of Sir George Forrester of Corstorphine, knight, any great part of the teinds of the kirk and parish of Ratho, which pertained to the four prebendaries of the kirk of Corstorphine called Half Halton, Half Dalmahoy, Half Bonnington and Half Platt, were united and annexed to the parish kirk of Corstorphine, whereof the said Sir George is patron; and now as this union is prejudicial to the said kirk of Ratho, and is contrary and repugnant to the common course and order intended for plantation of kirks, whereby it is thought fit and expedient that each minister shall receive competent maintenance out of the teinds of their own parish, whereof the kirk of Ratho will be frustrated if the said union stand, and therefore his majesty, with consent of the estates, upon the humble petition of the said Sir George Forrester of Corstorphine, knight, who was procurer of the said union, and with his consent, has annulled and annuls the union of the said teinds being within the said parish of Ratho to the said kirk of Corstorphine, and restores the same to the former titles of the said prebendaries within the college of Corstorphine to the which the same appertained before, reserving always to the said Sir George Forrester of Corstorphine, knight, his male heirs and assignees, the right of the patronage of the said four prebendaries, which are declared to pertain to them notwithstanding of this act.

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Act in favour of Sir John Auchmuty of Gosford

Our sovereign lord, with advice of the estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the charter and infeftment granted by his majesty's late dearest father, King James, of most worthy memory, to his highness's beloved John Auchmuty of Scougall, now styled Sir John Auchmuty of Gosford, knight, one of his majesty's late dearest father's bedchamber for the time, his heirs and assignees whatsoever, of all and whole the lands of Gosford, with the mill, tower, fortalice, manor places, houses, buildings, yards, orchards, dovecot, links, parts, pendicles and all their pertinents, erected in a whole and free barony called the barony of Gosford, lying within the sheriffdom of Edinburgh and constabulary of Haddington, proceeding upon the resignation of the late Alexander Acheson of Gosford, Elizabeth Douglas, his spouse, and of Alexander, William and Patrick Acheson, their sons, with advice and consent of Sir John Home of North Berwick, knight, and of William Douglas of Bonjedward, for their right and interest, to be held of his majesty and his successors in feu ferm and heritage, containing a new disposition of the said lands and mill to the said Sir John and his foresaids and erection of the same in a barony, called the barony of Gosford, as the said charter and infeftment under his majesty's great seal, of the date at Greenwich, 29 June 1632, at more length purports, together with the instrument of sasine following thereupon. And also his majesty, with advice of the said estates, has ratified and approved and, by this act, ratifies and approves the charter and infeftment granted by his majesty's self after his highness's lawful and perfect age of 25 years complete, and all his majesty's revocations, both special and general, to the said Sir John Auchmuty of Gosford, knight, gentleman of his majesty's privy chamber and master of his highness's wardrobe of the kingdom of Scotland, his heirs and assignees whatsoever heritably, of all and whole the said lands and barony of Gosford, comprehending therein all and whole the said lands of Gosford, with the mill, tower, fortalice, manor places, houses, buildings, yards, orchards, dovecot, links, parts, pendicles and all their pertinents lying as said is, proceeding upon the resignation of the said Sir John Auchmuty himself in his own favour; and containing also a new disposition of the same lands and barony to the said Sir John and his foresaids, with a new erection of the same in a whole and free barony, called the barony of Gosford, to be held of his majesty and his successors likewise in feu ferm and heritage for the yearly payment to them of the feu duties contained in the said infeftment; and containing also a ratification and confirmation of the original charter and infeftment of feu ferm granted by the late King James II under his great seal to the late Thomas Sinclair and the late Mirabill Dalrymple, his spouse, who was daughter to the late John Dalrymple, merchant for the time, to the said the late King James II, their heirs and assignees specified therein, of the said lands of Gosford and mill thereof, with their pertinents, to be held of the said late King James II and his successors in feu ferm and heritage, of the date at Stirling, 28 January 1458, with certain other charters, infeftments, sasines and retours made to the said Sir John Auchmuty and his predecessors and authors of the said lands and mill specially set down in the said infeftment granted by his majesty's self to the said Sir John, as in the same infeftment, containing the said confirmation, under his majesty's great seal of the date at Theobalds, 15 July 1630, at more length is contained, together with the instrument of sasine following thereupon, together also with the said original infeftment of feu ferm and all other charters, infeftments, sasines and retours of the said lands of Gosford and mill thereof, specially mentioned and set down in the said last infeftment and charter granted by his majesty's self to the said Sir John and his foresaids of the date above-written, in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained in the said two charters and infeftments and instruments of sasine following thereupon and other charters, infeftments, sasines and retours therein expressed, with all that has followed or may follow upon the same. And his majesty and estates foresaid will and grant and, for them and their successors, declare, decree and ordain that the foresaid two charters and infeftments and sasines following thereupon, and other charters, infeftments, sasines and retours therein contained, with this present ratification thereof, are and shall be good, valid and sufficient rights and securities to the said Sir John Auchmuty, his heirs and assignees, for possessing and enjoying of the said lands and barony of Gosford, mill thereof, tower, fortalice, manor places, houses, buildings, yards, orchards, links, parts, pendicles and all their pertinents, with the whole privilege and liberty of the said barony perpetually in all time coming, as their proper heritage, without stop or impediment; and also that this present ratification and generality hereof shall be as valid, effectual and sufficient to the said Sir John and his foresaids for that effect, as if the said charters and infeftments and sasines following thereupon, and all other charters, sasines, retours and other rights foresaid, were at length word by word inserted herein, regarding the which and generality thereof, and with all other objections and imperfections, if any be, which may be opposed or alleged against the validity or invalidity of the same infeftments, sasines, retours and other rights foresaid, his majesty and estates foresaid have dispensed and dispense by this act. And further, his majesty and estates, considering the good, true and thankful service done by the said Sir John Auchmuty, now master of his highness's said wardrobe of the said kingdom of Scotland, continually since his youth, not only to his majesty's said late dearest father of most worthy memory during his lifetime, but also to his majesty's self continually, since whereof his majesty has good proof and experience, and being most willing that the said Sir John and his foresaids shall possess and enjoy the said lands and barony of Gosford, mill and dovecot thereof, with their pertinents, as their own proper heritage perpetually in all time coming, without stop or impediment, and be sufficiently secured therein, therefore, and for his further and better security of the same, his majesty and estates foresaid of this present parliament have dissolved and, by this act, dissolve from his highness's crown all and whole the said lands and barony of Gosford, with the mill thereof, tower, fortalice, manor place, houses, buildings, yards, dovecot, links, parts, pendicles and pertinents thereof, being a part of his majesty's property, to the effect the said Sir John and his foresaids may hold, possess and enjoy the same of his majesty in feu ferm for payment of the feu duties contained in the said infeftments thereof. And declares that the said infeftment of feu ferm granted by his majesty's self to the said Sir John Auchmuty and his foresaids of the said lands of Gosford, and erection of the same in a barony for payment of the yearly feu duties contained therein, of the date the said 15 July 1630, with the said instrument of sasine following thereupon, shall stand to the said Sir John and his foresaids as a sufficient infeftment of feu ferm and shall be as valid and effectual to them for possessing and enjoying of the said lands and barony as if the same had been granted to them after his majesty's dissolution thereof in parliament, and as if the same were specially excepted and reserved out of his highness's revocation, or otherwise that it shall be lawful to his majesty to set the said lands of Gosford, with the mill, dovecot, tower, fortalice, manor places, houses, buildings, yards, orchards, links, parts, pendicles and all their pertinents of new in feu ferm, and to erect the same of new in a barony to the said Sir John and his foresaids for payment of the old feu ferm duties thereof contained in his said infeftments, with augmentation of his highness's rental, and that for the said Sir John and his foresaids further and better security thereof as they shall think expedient.

  1. NAS, PA2/21, f.134r-v. Back
  2. NAS, PA2/21, f.134v-135v. Back
  3. NAS, PA2/21, f.135v. Back
  4. NAS, PA2/21, f.136r. Back
  5. NAS, PA2/21, f.136r-v. Back
  6. NAS, PA2/21, f.136v-137r. Back
  7. NAS, PA2/21, f.137r-v. Back
  8. NAS, PA2/21, f.137v-138r. Back
  9. NAS, PA2/21, f.138v. Back
  10. NAS, PA2/21, f.138v-139r. Back
  11. NAS, PA2/21, f.139r-140r. Back
  12. NAS, PA2/21, f.139v. Back
  13. NAS, PA2/21, f.140v. Back
  14. NAS, PA2/21, f.140v-141v. Back
  15. NAS, PA2/21, f.142r-v. Back
Act in favour of Sir George Ogilvie of Banff

Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment, with the new gift and disposition therein contained, made, given and granted by our sovereign lord under his highness's great seal, with advice and consent of his highness's right trusty cousin John [Erskine], earl of Mar, lord Erskine and Garioch etc., his highness's great treasurer, collector and comptroller within this realm of Scotland for the time, and of his highness's trusty cousin Archibald [Napier], lord Napier of Merchiston, his highness's depute in the said offices for the time, and of the other lords, his highness's commissioners of exchequer within the said kingdom, to his highness's beloved Sir George Ogilvie of Banff, knight baronet, therein styled for the time George Ogilvie, younger, of Banff, and sometime fiar of Dunlugus, his heirs and assignees whatsoever heritably, of all and whole the lands of Sandlaw, with the salmon fishings of the same in the water of Deveron and their pertinents, lying within the sheriffdom of Banff, and of all and whole the lands of Bauchlaw and Cairnolpies, with their pertinents, together with the salmon fishings and cruives of the same in the said water of Deveron, lying within the said sheriffdom of Banff, with the houses, buildings, yards, tofts, crofts, mills, multures, parts, pendicles and pertinents, with all and sundry the forenamed lands respectively lying as said is; and of all and whole the net salmon fishing upon that part of the said water of Deveron, called the King's Water, beside the burgh of Banff, with the pertinents, lying within the said sheriffdom of Banff, and of all and sundry the lands of Itlaw and Tipperty, with the pertinents of the same, comprehending the towns, lands, mills, multures and others underwritten, namely: the lands of the mains of Tipperty, with the manor place of the same, yards, orchards, stanks, lochs, parts and pertinents thereof, with all and sundry the towns and lands of Itlaw underwritten, namely: Aldtoune of Itlaw, Greenlaw, Brigshillock, Brockistoune, Kiltryknock, Barbethill, Fattahead, Rosieburn, with the mill, mill lands, astricted multures, sucken, knaveships and sequels of the same, with the houses, buildings, yards, tofts, crofts, outsets, annexes, connexes, parts, pendicles and privileges of all and sundry the forenamed lands, tenants, tenancies and service of free tenants of the same, lying within the baronies of Itlaw and Tipperty and within the said sheriffdom of Banff; and in like manner of all and whole these three fourth parts of all and whole the town and lands of Inchdrewer, Lochagan, Culbirnies and Kilpotties, sometime pertaining to the late George Currour, fiar of Inchdrewer, with the manor place, houses, buildings, yards, orchards, mills, mill lands, multures, tofts, crofts, outsets, muirs, mosses, tenants, tenancies, service of free tenants of the same, parts, pendicles and all their pertinents, lying within the said sheriffdom of Banff, all by the said infeftment created and erected in a whole and free barony, called the barony of Inchdrewer, to be held of our sovereign lord and his highness's successors by service of ward and relief, as in the said charter and infeftment of the date at Holyroodhouse, 14 February 1628, at more length is contained, together with the precept of sasine directed upon the said charter forth of his highness's chancellery of the date of the said charter, together also with the instrument of sasine following thereupon of the date [...] day of [...], 16[...], in all and sundry the heads, points, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. Likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants and, for his highness and his successors, perpetually decrees and ordains that this present ratification is and shall be as valid, sufficient and effectual to the said Sir George Ogilvie and his foresaids as if the said charter and infeftment, precept and instrument of sasine following thereupon were all here plainly and at length word for word inserted and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed, and by this act dispenses for ever.

  1. NAS, PA2/21, f.134r-v. Back
  2. NAS, PA2/21, f.134v-135v. Back
  3. NAS, PA2/21, f.135v. Back
  4. NAS, PA2/21, f.136r. Back
  5. NAS, PA2/21, f.136r-v. Back
  6. NAS, PA2/21, f.136v-137r. Back
  7. NAS, PA2/21, f.137r-v. Back
  8. NAS, PA2/21, f.137v-138r. Back
  9. NAS, PA2/21, f.138v. Back
  10. NAS, PA2/21, f.138v-139r. Back
  11. NAS, PA2/21, f.139r-140r. Back
  12. NAS, PA2/21, f.139v. Back
  13. NAS, PA2/21, f.140v. Back
  14. NAS, PA2/21, f.140v-141v. Back
  15. NAS, PA2/21, f.142r-v. Back