[1641/7/86]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the late Sir Gideon Baillie of Lochend, knight baronet, being upon the public service of the country, was fatally wounded and hurt at that lamentable accident which fell out at Dunglass upon 29 August 1640, of the which wounds he within a few days thereafter died, and moreover considering that by an express act of that session of this present parliament held the month of June 1640 and by diverse preceding acts of parliament and ancient laws made in the times of his majesty's late dearest father and others of his majesty's royal progenitors of worthy memory, it is statute and ordained that whosoever be slain or dies or receives death wounds in the armies and hosts raised for defence of the country and of the said wounds shall happen thereafter to die, that the heirs and successors of the persons so dying shall have the benefit of the ward, marriage and relief and non-entry freely conveyed to them, and shall enter freely to their lands holding feu without payment of the double of the feu duty or any other composition for their said entry, which acts respectively are as well extended to vassals holding of our said sovereign lord as of any other superior whatsoever within the kingdom, spiritual or temporal. And his majesty and estates of parliament, being willing that Sir James Baillie of Lochend, knight baronet, eldest lawful son and heir to the said late Sir Gideon Baillie, and failing of him the next heir or heirs and successors of the said late Sir Gideon Baillie, possess and enjoy the benefit of the foresaid acts of parliament, seeing to the certain knowledge of the said estates the said late Sir Gideon died in the public service as said is, therefore our said sovereign lord, with the advice and consent of the estates of this present parliament, has statute and ordained, and by the tenor hereof statutes and ordains, that the said Sir James Baillie, and failing of him by decease unentered the next heir or heirs and successors of the said late Sir Gideon Baillie, shall have, possess and enjoy the whole benefit, profit and commodity of the ward, relief, non-entry and marriage following and vacant by and through the decease of the said late Sir Gideon until the lawful entry of the righteous heir or heirs thereto; and also that the said Sir James Baillie, and failing of him as said is the next heir or heirs and successors foresaid of the said Sir Gideon, shall have free entry by their superiors to all lands, teinds and other rights whatsoever which pertained to the said late Sir Gideon or wherein he died infeft, and that freely, without any payment of the entry, doubling of the feu duty or other composition for the same; and ordains this present act to be extended as well to all lands and others held by the said late Sir Gideon of his majesty or of his highness's dearest son, prince and stewart of Scotland, as of any other superior or overlord, spiritual or temporal whatsoever, within this kingdom. Likewise his majesty and estates of parliament do herby require and command [John Stewart, earl of Traquair], his majesty's treasurer principal, and [Sir James Carmichael], depute, and keepers of his majesty's seals and registers and all superiors whatsoever to whom the said Sir Gideon was vassal and of whom he held any lands, teinds or others that they and every one of them for their own parts respectively do forthwith enter and receive the said Sir James Baillie, and failing of him unentered the next heir or heirs and successors of the said late Sir Gideon, to all lands, heritages, teinds and others which pertained to him the said time of his decease and that the same be passed and completed freely, without payment of any composition, doubling of the feu duty or other entry whatsoever, notwithstanding of the minority of the said heirs respectively, concerning which his majesty and estates foresaid hereby dispense, and if need be to pass and complete the gift of the ward, marriage, relief and non-entry falling by the decease of the said late Sir Gideon, free of any composition whatsoever, and that in favour of Sir James Baillie of Lochend, knight baronet, son and heir of the said late Sir Gideon, and failing of him by decease unmarried and unentered of the next heir or heirs foresaid, or in favour of any others to their use and benefit, and if need be, our said sovereign lord and estates of parliament ordain letters of horning to be directed upon the simple charge of 10 days, charging all the superiors of whom the said late Sir Gideon held any lands, teinds or other rights immediately to enter and receive the said Sir James Baillie, his son, and failing of him by decease unentered the next heir or heirs of the said Sir Gideon, and that freely according to the tenor of this act above-written in all points. And also his majesty and estates foresaid ratify and approve the gift granted by the king for himself and as administrator to the prince, his dearest son, to Sir Patrick Hamilton of Little Preston of the ward, non-entry, relief and marriage of the said Sir James Baillie, and failing of him by decease unmarried the marriage of any other male or female heir or heirs, dated 16 November 1640, together with the assignation thereof made or to be made to the said Sir James Baillie in all and sundry heads and conditions of the said gift and assignation, and hold this general ratification thereof as sufficient as if the said gift and assignation were word by word inserted herein, concerning which our sovereign lord and estates of parliament dispense.