[1641/8/271]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve a dissolution made by the provost and first prebendary of the college kirk of Corstorphine, with advice and consent of George [Forrester], lord Forrester of Corstorphine, undoubted patron of the said provostry, and of the other prebendaries of the said provostry, to and in favour of the late Laurence Scott of Harperrig, advocate, and Master William Scott, one of the clerks of session, his eldest lawful son, their heirs and successors, dissolving the kirk of Clerkington, fruits, rents and emoluments thereof from the said provostry and college kirk, to which the same was annexed before, to the effect the same may remain as a separate kirk and benefice dismembered therefrom in time coming, dated 17 May 1634; with a tack set by the foresaid persons to the said late Laurence Scott and the said Master William Scott, his son, and their foresaids, of the teinds, parsonage and vicarage, of the parish kirk and parish of Clerkington for all the days, space, years and terms contained therein, for payment yearly of the sum of £20 to the minister serving the cure at the said kirk, dated 4 June 1634, registered in the books of council upon the 20 June 1634; together also with a charter granted under the great seal by the king's majesty, with advice and consent of his highness's treasurer and other lords of exchequer for the time, to the said late Laurence Scott in liferent, and to the said Master William Scott, his son, his heirs and assignees in fee heritably, of all and whole the lands of Clerkington, with the pertinents and that part thereof called Braidwood, with mill, mill lands, multures and pertinents thereof, lying within the sheriffdom of Edinburgh, and of all and whole the lands of Friarton and pertinents thereof, with the privilege of a free regality within the bounds of the same, lying within the barony and regality of Broughton and sheriffdom foresaid, to be held of his majesty and his successors in feu in manner specified in the said charter, dated 10 July 1634, in all and sundry heads, articles and conditions thereof. And our sovereign lord and estates foresaid decree this present ratification to be as valid, effectual and sufficient to the said Master William Scott, now of Clerkington, and his foresaids as if the said writs and every one of them were word for word inserted herein; concerning which, and with all other defects, our sovereign lord and estates foresaid dispense, and that the said ratification be further extended with all clauses necessary.
[1641/8/272]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves a charter and infeftment granted by the late King James IV of worthy memory in the year 1496, to and in favour of the said burgh of Forres, burgesses and community thereof, of the lands called Greifeshipe, with the pertinents, Baillie Land, Meikle Boige, with the meadow called King's Meadow, Loureistoun with Cartheis and Ramflat, with the pertinents, with common pasture within the forest of Drumine, and Tulloch, with muirs, mosses etc. and free access and entry to and from the said forest and pasturage by the muir called Pilmuir, together with all liberties and privileges used and wont, and also of the water and fishing of Findhorn, from Dunduff to the bank of Findhorn, as well in the fresh water as salt thereof, with the whole other privileges, liberties and power of the same fishing contained in the same charter; and also making and constituting the aldermen, provost and bailies of the said burgh who should be for the time sheriffs within the same burgh, bounds and liberties thereof, with the power of the office of sheriffship in all things thereto belonging, in the same way as any burgh in such like office has within the kingdom, discharging the sheriff of Elgin and Forres then present or to come, and their deputes, of all exercising of their said office of sheriffship within the said burgh of Forres, bounds and liberties thereof forever, together with the whole other liberties and privileges contained in the said charter and infeftment, as the same of the date 23 June the year of God above-written in the self more fully purports, in the whole heads, articles, clauses, conditions, liberties and privileges mentioned in the said charter and infeftment, and specially, without prejudice of the generality foresaid, the said office of sheriffship within the said burgh of Forres and whole bounds and liberties thereof; together likewise with the precept and sasine following upon the foresaid charter, with all other infeftments, charters, sasines, rights and securities whatsoever made and granted by his majesty or any of his most noble progenitors in favour of the provost, bailies, council or community of the said burgh of Forres, of all and whole the same burgh and whole lands, fishings, pasturage, liberties, privileges and others pertaining and belonging thereto in the whole heads, clauses and conditions of the same, precept, sasine and other writs, rights and titles foresaid, saving and reserving always to our said sovereign lord and his successors the service, feu duties and other duties due and customary to his highness and his predecessors of the said burgh, lands, fishings, office of sheriffship, privileges and liberties thereof and others foresaid before this present ratification. Moreover, our sovereign lord and estates foresaid decree and ordain that the foresaid charter and infeftment, precept and sasine following thereupon and other rights foresaid with this present ratification thereof are and shall be good, valid and sufficient rights to the said provost, council and community of the said burgh of Forres and their successors for possessing and enjoying of the same burgh, whole lands, casualties, fishings, pasturages, office of sheriffship and whole other liberties and privileges belonging to the said burgh in all time coming without stop or impediment. And that this present ratification and generality foresaid shall be as valid and effectual as if the foresaid charter, infeftment and other rights foresaid were inserted at length herein, concerning which, and with all other objections or imperfections that can be alleged against the same charter, infeftment and other rights foresaid, or this present ratification thereof, our said sovereign lord and estates foresaid have dispensed and dispense by this ratification.
[1641/8/273]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the infeftment made and granted by his highness, as prince and stewart of this realm of Scotland for the time, after his perfect age of twenty one years complete, with advice and consent of the lords and others of the council of the said kingdom of Scotland nominated and appointed for administration of his highness's affairs within the said kingdom, under the great seal to the late John Crawford of Kilbirnie in liferent for all the days of his lifetime, and to John Crawford, now of Kilbirnie, his eldest lawful son, and to the male heirs to be procreated of his body, which failing, to the said John Crawford of Kilbirnie and his nearest and lawful male heirs and assignees whatsoever heritably under the reversions, conditions and restrictions mentioned therein, of all and sundry the lands underwritten, namely: all and whole the lands and barony of Kilbirnie in property and tenancy, with the fishings in the loch thereof and their pertinents, lying in the bailiary of Cunninghame and sheriffdom of Ayr; as also of all and whole the lands of Easter Greenock, lying within the barony of Renfrew and sheriffdom thereof, with all and sundry their towers, fortalices, manor places, yards, orchards, mills, multures, woods, fishings, dovecots, coals, coal pits, annexes, connexes, outsets, tenants, tenancies, service of free tenants, advocation, donation and right of patronage of kirks, benefices and chaplainries, parts, pendicles, and pertinents thereof whatsoever, all united and erected of before in a whole and free barony called the barony of Kilbirnie. And in like manner of all and whole the ten merk land of Fairliecrevoch, with tower, fortalice, manor place, houses, buildings, yards, orchards, corn and waulk mills thereof, mill lands, multures and sequels of the same, annexes, connexes, parts, pendicles and pertinents of the same whatsoever lying within the bailiary of Cunninghame and sheriffdom foresaid of Ayr, to be held of our said sovereign lord as then prince and stewart of Scotland and his highness's successors, princes and stewarts of the said kingdom of Scotland ward in manner specified therein, which infeftment is of the date at Edinburgh, 2 March 1624. And also the infeftment made and granted by our said sovereign lord as father, tutor, guider and lawful administrator to his highness's dearest son Charles, prince and stewart of Scotland, with advice and consent of his highness's treasurers, principal and depute, and other lords of his highness's exchequer of the foresaid kingdom of Scotland to and in favour of the said John Crawford, now of Kilbirnie, his male heirs and assignees whatsoever, of the superiority of all and whole the lands of Minokes† and Gill, with tenants, tenancies and service of free tenants thereof, lying within the barony of Stevenston, bailiary of Cunninghame and sheriffdom of Ayr foresaid, to be held likewise ward of our said sovereign lord's said dearest son and his highness's successors, princes and stewarts of Scotland in manner mentioned therein, and which charter is granted under his majesty's great seal of the date the [...] day of [...], 1637, together with the precepts and instruments of sasine respectively following upon the said two infeftments in all and sundry heads, articles, clauses and conditions contained therein, after the forms and tenors of the same; and wills and declares this present ratification to be as valid, effectual and sufficient in all respects as if the infeftments respectively above-written, precepts and instruments of sasine following thereupon were at length, word by word inserted herein; concerning which, his majesty, with advice and consent of the estates foresaid, dispenses for ever.
[1641/8/274]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament has ratified and approved and, by this legislation, ratifies and approves the charter granted by his majesty, with consent of his highness's treasurer, treasurer depute and other lords of his majesty's exchequer of this kingdom, under his highness's great seal, to his majesty's beloved James Melville of Halhill, his male heirs and assignees, of all and sundry the lands of Nether Grange of Kinghorn Wester, called The Mains, with the teind sheaves thereof included, and their pertinents, with the manor place, tower, fortalice or castle of Burntisland, commonly called the Castle of Burntisland, and with the mills of Burntisland, commonly called the Sea Mills of Burntisland, with the multures of the town of Burntisland, called Wester Kinghorn, with the astricted multures of all and sundry corns growing upon the ground and lands of the said town of Burntisland and of all other kinds of corns brought in within the said town, and steeping and kilning therein, with the knaveship and other duties and services whatsoever pertaining to the said mills called the Sea Mills, and of all and whole the east quarter of the said lands of Wester Kinghorn, with houses, buildings, yards, tofts and pertinents thereof lying within the regality of Dunfermline and sheriffdom of Fife, all erected in a free barony called the barony of Burntisland, to be held of his majesty and his highness's successors in feu ferm and heritage, as the said charter of the date 26 January 1638 at length bears. And also ratify and approve another charter granted by his majesty, with consent foresaid, under his highness's great seal, to the said James Melville, his heirs and assignees, of the lands of Easter Collessie, called Halhill, with tower, fortalice, orchards, yards, mills, mill lands, multures and sequels thereof, and also of the lands of Muirfield, with houses, buildings, tofts, crofts, parts, pendicles and pertinents, of all and sundry the said lands of Easter Collessie, called Halhill, mill thereof, and of the said lands of Muirfield with their foresaids, lying within the stewartry and sheriffdom of Fife, and of the teind sheaves and parsonage teinds of the said lands of Collessie, called Halhill, parts, pendicles and pertinents thereof, lying within the parish of Collessie and sheriffdom foresaid, to be held of his majesty and his highness's successors, as in the said charter made thereupon of the date 3 November 1625 at more length is contained; together with the precepts and instruments of sasine following upon the said charters, together with all and sundry other infeftments, sasines, confirmations and other evidents, rights and securities made to the said James Melville of Halhill, his authors or predecessors of and concerning the lands, mills, multures, teinds and others above-specified, of whatsoever dates, tenors or contents the same be of, in all and sundry heads, clauses, articles and conditions contained therein, after the forms and tenors of the same in all points. And his majesty and estates of the said parliament will and grant that this present ratification shall be as good, valid and sufficient as if the said charters, infeftments and others specially and generally above-mentioned were herein specially engrossed and inserted, concerning which, our said sovereign lord and estates foresaid have dispensed and dispense by this ratification.
[1641/8/275]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the letters of gift granted by his highness's late dearest father of worthy memory to the late Master John Preston of Penicuik, collector general and treasurer of his highness's new augmentations and president of the college of justice of this kingdom of Scotland for the time, during all the days of his lifetime, and after his decease to the said Sir John Preston now of Penicuik, his son, there styled Master John Preston, likewise for all the days of the said Sir John's lifetime, of all and whole the feu mails, feu ferms and other duties of the lands after-mentioned, which pertained of before to the benefice underwritten as a part of the temporality of the same, and now pertaining to our sovereign lord by the act of annexation of all kirk lands to the crown and by other laws, acts and constitutions of the realm of Scotland, and that in name of pension to them during the said space, namely: all and whole the feu mails and feu ferm duties of all and sundry lands, mills, mill lands and other kirk lands whatsoever which pertained of before to the monastery and abbacy of Jedburgh as a part of the patrimony of the same, extending yearly to £380 usual money of this realm of Scotland; and also all and whole the feu mails and feu ferm duties of the lands of Provend pertaining to the prebendary of Ballanrikee, extending yearly to £107 10s money foresaid, together with the sum of £110 money and 24 bolls meal to be paid yearly out of the first and readiest feu ferm duties of the lands pertaining to Holywood and abbacy thereof by the late John [Maxwell], lord Maxwell and the rest of the feuars, possessors and occupiers of the temporal lands of the said abbacy of Holywood, together with the sum of £130 money foresaid to be paid yearly out of the first and readiest of the blench duties pertaining to the abbacy of North Berwick, and erected by his highness's said late dearest father in a free barony to the late Alexander Home of North Berwick, his heirs and assignees, as the said letters of gift of pension granted by our said late sovereign lord to the said late Master John Preston and Master John, now Sir John Preston, his son, the longest liver of the two, under his highness's privy seal, of the date at Whitehall, 10 April 1606 at more length bears. As also the letters of ratification granted thereupon by our sovereign lord king's majesty, with advice and consent of the late John [Erskine], earl of Mar, lord Erskine and Garioch, his highness's great treasurer, comptroller and collector or treasurer of his highness's new augmentations within the said kingdom of Scotland, and of Archibald [Napier], lord Napier of Merchiston, then his highness's depute in the said offices, and other lords, his highness's commissioners, of the said kingdom of Scotland, in favour of the said Sir John Preston, under his highness's privy seal, of the date at Whitehall, 20 June 1628, in all and sundry the heads, points, clauses, articles and conditions contained in the said principal letters of gift of pension and ratification thereof, and after the forms and tenors thereof in all points; and will, declare, decree and ordain the said letters of gift and ratification and confirmation thereof above-mentioned to be sufficient, lawful and effectual rights to the said Sir John Preston for possessing, enjoying, uplifting and receiving of the said yearly pension of the said sums of money and victual respectively out of the said benefices respectively, as well of all years bygone resting owed unpaid as yearly in time coming during his lifetime without any objection or impediment of law to be made in the contrary, after the form and tenor of the said letters of gift and former ratification made thereof in all points.
[1641/8/276]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the signature superscribed by his majesty to and in favour of John, lord Lindsay† and his male heirs and assignees, therein dated at Holyroodhouse, 13 November instant, with the charter, precept and instrument of sasine to follow thereupon, of the lands and barony of Auchterutherstruther, with the pertinents, comprehending the particular lands, baronies, tenancies, rights and offices respectively, particularly and generally mentioned in the said signature held of old of the late archbishop of St Andrews and his predecessors and now held of the king's majesty, in respect of the abolishing of episcopacy and benefices thereof by the laws and acts of parliament of this kingdom; containing also a new gift of all the foresaid lands, baronies, tenancies, rights, offices, privileges and others foresaid, with a dissolution of all from the crown and patrimony thereof and from the archbishopric of St Andrews and all other benefices whatsoever to which they pertained or were annexed to of before, and erecting all in a whole and free barony to be called the barony of Auchterstruther, to be held of the king's majesty and successors for payment of the duties contained in the former and last infeftment thereof made by the late archbishop of St Andrews to the said John, lord Lindsay thereupon, in manner specified in the said signature, in all and sundry heads, points, articles, clauses and circumstances thereof; and will and grant and, for his majesty and his successors, with consent of the estates of parliament, decree and ordain that this present confirmation is and shall be of as great value, force, strength and effect to the said John, lord Lindsay and his foresaids, as if the foresaid signature were word by word expressed herein and also as if the charter, precept and instrument of sasine to follow upon the same were also inserted herein, concerning which, and with all that may follow thereupon, his majesty and estates of parliament have dispensed and by this ratification dispense for ever. And further, have dissolved and by this ratification dissolve the foresaid lands, barony, offices and others respectively contained in the said signature from his majesty's crown and patrimony thereof and from the said late archbishopric of St Andrews and from all other benefices whatsoever to which the same pertained or was annexed to of before, to the effect the foresaid lands, barony, offices and others respectively above-specified contained in the foresaid signature and infeftment to follow thereupon may remain with the said John, lord Lindsay and his foresaids, heritably and irredeemably held of his majesty and his successors, for payment of the duties contained in the said signature in all time coming.
[1641/8/277]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, considering the good, true and thankful service done to his majesty and his most noble progenitors by the provost, bailies, council and community of the burgh of Kirkcudbright and their predecessors in all time bygone, has ratified and approved and, by this legislation, ratifies and approves the charter and infeftment granted by his majesty to the said provosts, bailies, council and community of the said burgh of Kirkcudbright and their successors, containing therein not only a ratification of a charter and infeftment granted by the late King James II of worthy memory to the said burgh of Kirkcudbright, of the liberties and privileges thereof, with power to buy and sell lawn, skin, hides and all other kind of merchandise, and to have within the same all craftsmen belonging to a free burgh, with cross, tron, market and a market day weekly on the Sabbath day and public fairs yearly at the feast of Michaelmas [29 September] for ever, with certain lands, fishings, mills, multures, sequels, courts, fines, profits, duties, liberties, privileges and customs belonging to the said burgh as freely as the burgesses of the same burgh stood infeft by his majesty's predecessors therein and have been in use and possession thereof at any time bygone, which infeftment is dated at Perth, 26 October† 1466; together with a charter and infeftment of feu ferm granted by King James IV of worthy memory to the said provost, council, bailies and community of the said burgh of Kirkcudbright and their successors of all and whole the lands called the Castlemains of Kirkcudbright, extending to a forty shilling land, in manner specified in his majesty's rental thereof lying near the said burgh, within the stewartry of Kirkcudbright and sheriffdom of Dumfries, which charter is dated at Edinburgh, 26 February 1509 and of the king's reign the 22nd year, with the precept and instrument of sasine following thereupon, but also containing therein a new disposition to the said provost, bailies, council and community of the said burgh of Kirkcudbright and their successors of all and whole the same burgh of Kirkcudbright, ground and whole bounds within the bounds and marches thereof used and wont, and whereof they and their predecessors have been in possession at any time bygone, with cross, market, weekly market day, fairs and tron foresaid; and of all and whole the said lands called Castlemains of Kirkcudbright and their pertinents, with all and sundry customs and burghal ferms and duties of the said burgh and lands above-specified, and with all liberties, privileges, commodities, immunities, mills, multures, sequels, tolls, customs, possessions, courts, fines and others foresaid, with power to make and create burgesses within the said burgh, and with all other liberties and privileges contained in the said infeftment or whatsoever other infeftments made to them of before, which are held as expressed in the said charter, and also with power to them to keep a weekly market day either upon Friday or Saturday as they shall think expedient, with two free fairs in the year, one thereof at Michaelmas for the space of eight days, and the other fair on 1 May, called Beltane Fair, for the space of another eight days; with power likewise to them yearly at the feast of Michaelmas to elect and create a provost, two bailies, a treasurer, deacons of crafts, officers and other members necessary within the said burgh for governing of the same, and to keep and hold courts as any other burgh royal does, with all other privileges and liberties in manner specified in the said charter; and also containing a union and annexation therein of the said lands of Castlemains of Kirkcudbright with all other lands whereof they have been in possession, with the small customs, tolls and casualties of the said market fairs and tron to the said burgh liberties and incorporation thereof, with power to take sasine at the said market cross of Kirkcudbright for all, to be held of our sovereign lord and his successors in free burgh royal, feu ferm, fee and heritage forever, as in the said infeftment containing the said ratification, new disposition and union above-specified under his majesty's great seal of the date at Holyroodhouse, 20 July 1533 at more length is contained, together with the precept and instrument of sasine† following thereupon, and with all other infeftments, charters, sasines and other rights, titles, and securities whatsoever made and granted by his majesty or any of his majesty's most noble progenitors in favour of the said provost, bailies, council and community of the said burgh of Kirkcudbright, of all and whole the same burgh and whole lands thereof, foresaid liberties, privileges and casualties of the same, and others above-specified pertaining and belonging thereto in any time bygone preceding the date hereof, in the whole heads, articles, clauses, conditions and circumstances whatsoever specified and contained in the said charters, infeftments and sasines respectively above-specified, with all that has followed or may follow thereupon, saving and reserving always to our said sovereign lord and his successors rights, service and feu duties due and customary to his highness and his predecessors of the said burgh, lands, privileges and liberties thereof and to their foresaids before this present ratification. Moreover, his majesty and estates foresaid will and grant and for them and their successors decree and ordain that the foresaid charter and infeftment and sasine foresaid following thereupon, and other charters, sasines and rights respectively above-specified, with this present ratification thereof, are and shall be good, valid and sufficient rights and securities to the said provost, bailies, council and community of the said burgh of Kirkcudbright and their successors for possessing and enjoying the same burgh and whole lands, liberties, privileges and casualties thereof and others above-specified pertaining and belonging thereto in all time coming without stop or impediment, and also that this present ratification and generality thereof shall be as valid, effectual and sufficient to the said provost, bailies, council and community of the said burgh and their successors for that effect, as if the said charters, infeftments and sasine foresaid following thereupon, and all other charters, infeftments, sasines and rights respectively above-rehearsed were at length word by word inserted herein, regarding which and the generality thereof, and all inconveniences that may follow thereupon, as also 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 or other rights foresaid, or of this present ratification thereof, his majesty and estates foresaid have dispensed and dispense by this ratification.
[1641/8/278]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve to and in favour of James Sinclair of Scalloway, his heirs and assignees the charter made and granted by his highness's late dearest father of worthy memory to the late William Sinclair of Uyea, youngest of the three sons of the late Oliver Sinclair of Brew, his heirs and assignees heritably, of all and sundry the lands underwritten†, namely: the lands of Tagon, Kirkhouse, Grobsness, Clovagarth, Binstay, Wethersta, Husda, Burrafirth, Lunning, Grmiziefirth, Dury, Vidlin, Skerries, Neap, Sandsoull, Cloudoun, Sandwick, Westerhouse, Shawe, Symbister, Brutes, Busta, Whalsay, Aywick, Houlland, Papil, Gremista, Kirkabister, Gossabrough, Sandwick in West Yell, Bixter, Sellafirth, Guitshoir, Easter Garth, Rasfirrd, Skaw, Wtterskaw, Underhoull, Bound, Colvister, Sclaten, Ramnagoe, Ballista, Gunziasetter, Underhouse, Boddam, Dale, Sandwick, Crossbister, Underhoull, Wenstricke, Mulla, Scowlay, Still, Midgarth, Papil, Torvell, Garth, Cloudoun, Setter, Houstaine, Clovocasetter, Vezea, Balta, Southerhouse, Russetter, Houbie, Tostinstrand, Wadbister, Aith, Clate, Girlsta, Chaildernes, Dale, Houlland, Burraland, Easterhouse, Storniefirth, Haggersta, Northmuscoise, Southmuscoise, Tumblin, Sand, Olnafirth, Rerwick and others mentioned in the said charter, extending to the particular merk lands enumerated in the said charter, having the other special designations mentioned therein, with all and sundry their parts, pendicles and pertinents lying within the parishes of Delting, Nesting, Louhairsay, Yell, Unst, Fetlar, Whiteness, Weisdale, Aithsting, Sandsting and Dunrossness, within the sheriffdom of Orkney and foudery of Shetland, which lands pertained of before to the said late William Sinclair heritably by the rate and laudable use of the said country of Orkney and Shetland and of new conveyed to him by the said charter, as being in his majesty's hands as superior of the said country in manner specified in the said charter, which is of the date 5 March 1578. And also ratifying and approving the charter granted by our sovereign lord that now reigns, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute and other lords, his highness's commissioners, to the said James Sinclair of Scalloway, his heirs and assignees whatsoever heritably, of all and sundry the said lands and others contained in the said former charter, which pertained of before to the said William Sinclair of Uyea, and which were lawfully apprised at the instance of the said James Sinclair from Francis Sinclair of Uyea, as son and lawfully and specially charged to enter heir to the said late William Sinclair, his father, according to the act of parliament, in payment and satisfaction of certain sums of money due by the said Francis to him in manner specified in the apprising deduced thereupon and as is mentioned in the said charter, containing a union of the said lands and others contained therein in a whole and free tenancy called the tenancy of Uyea, in manner and to the effect mentioned in the said charter, which is under his highness's great seal of the date 6 March 1627. As also ratify and approve the letter of tack made by the late James Hay, vicar of Unst, with advice of the bishop of Orkney for the time, provost, canon and chapter of the said kirk to the late Arthur Sinclair of Aith and Margaret Colville, his spouse, parents of the said James, the longest liver of the two, and to their heirs mentioned therein during an heir's lifetime and for the space of nineteen years thereafter, of all and whole the vicarage of Unst and other teinds specified therein belonging to the said vicarage used and wont for the yearly payment of £120, with the exception and reservation contained in the said tack, which tack is of the date 3 and 30 April 1587; and the letters of disposition made by the said late Arthur Sinclair of Aith and Margaret Colville, his spouse, with consent of the late Laurence Sinclair, their eldest lawful son and apparent heir to the said James Sinclair of the said tack, of the date 14 August 1611 and 1 September 1612, with the decreet accordingly obtained thereupon. As also ratify and approve the charter of confirmation granted by his majesty's late father of worthy memory under the great seal of the date 17 October 1600, thereby ratifying and approving and for his highness's and his successors perpetually confirming the charter made and granted by the late Patrick Cheyne of Esslemont to the said late Arthur Sinclair of Aith, his heirs and assignees of certain lands contained therein, lying within the parish of Tingwall and lordship of Shetland, in the firm land as for the principal, and in special warrandice thereof, of all and whole two plough gates of land of the town and lands of Tarty, with the pertinents, lying within the parish of Logie Buchan and sheriffdom of Aberdeen, and the charter and disposition made by the said late Arthur Sinclair of Aith to the said James Sinclair, his heirs and assignees of the said lands above-written, principal and warrandice, conveyed to him by the said late Patrick Cheyne in manner specified in the said charter and disposition, which is of the date 11 August 1606, with the whole precepts and sasines following upon the said charters and each one of them. As also ratify and approve the other right and disposition made by the late Patrick [Stewart], earl of Orkney to the said late Arthur Sinclair, his heirs and assignees, of all and whole the lands of Flugarth, Sandavo, Seller, Burravoe and Scalloway, and their pertinents, lying within the parishes of Northmavine and Tingwall within the said country and foudery of Shetland and sheriffdom of Orkney and Shetland, for and in exchange of the lands and isle of Trondra pertaining of before to the said late Arthur Sinclair in udal, and conveyed by him to the said late Earl of Orkney, together with the right and disposition of the same made by the said late Arthur to the said James Sinclair and his heirs. And also ratify and approve all other infeftments, rights, titles and securities made and granted by whatsoever person or persons to the said James Sinclair and his foresaids of whatsoever lands and possessions lying within the parishes of Tingwall, Cunningsburgh, Whiteness, Weisdale, Aithsting, Sandsting, Northmavine, the isle and parish of Yell and isle and parish of Unst of whatsoever dates, tenor or contents the same be of in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points. And our said sovereign lord, with advice and consent foresaid, wills and grants and, for his highness and his successors, decrees and ordains that this present ratification of the said rights specially and generally above-written is and shall be as effectual and sufficient and of as great force, strength and effect to the said James Sinclair, his heirs and assignees for possessing of the foresaid lands, teinds and others above-written, according to the foresaid rights, as if the said whole writs were all at length and expressly word for word herein specially expressed, engrossed and inserted, notwithstanding that the same be not so done, concerning which, and with all other defects and imperfections which may be proposed or alleged against the said rights or any of them and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever, and find and declare the said writs and evidents to be good rights whereby the said James and his foresaids may possess the said lands and vicarage teinds contained therein, according to the tenors of the said rights and to the laws of this realm in time coming.
[1641/8/279]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, by this legislation, ratifies and approves the infeftment under the great seal made by his majesty's late dearest father, with advice and consent of his comptroller and general collector of his majesty's new augmentations for the time, nominated therein to his highness's beloved William Maxwell of Kirkhouse specified therein heritably, of all and whole the lands of Justenlees, with meadows, parts, pendicles and pertinents of the same, the kirk lands of Kirkpatrick-Fleming extending to ten acres of land, together with the advocation, donation and right of patronage of the kirk and whole vicarage of the parish kirk of Kirkbean, with the teinds, fruits, rents and emoluments whatsoever pertaining and belonging to the said vicarage, all lying within the stewartry of Kirkcudbright and sheriffdom of Dumfries, with the precept and instrument of sasine following thereupon, and the act of parliament made in the parliament held at Edinburgh, 4 August 1621, ratifying the said charter under the great seal in all points, articles and clauses contained therein, after the forms and tenors thereof, and declares, statutes and ordains that this present ratification of the charter, precept, instrument of sasine and act of parliament above-mentioned is and shall be as valid in all respects as if the same charter, precept, instrument of sasine and act of parliament above-specified were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof. And also his majesty, with advice and consent foresaid, finds, declares, statutes and ordains that the said charter, precept and instrument of sasine following thereupon, and the former ratification thereof in parliament, and this present new ratification of the same, are and shall be sufficient, valid and lawful rights and securities to the said William Maxwell and his foresaids for the peaceable possessing and enjoying in all time coming of the lands, teinds, patronages and others above-specified contained therein, according to the said charter and for payment of the duty contained therein, notwithstanding of his majesty's revocation, ratification thereof in this present parliament and all other laws, statutes and constitutions made or to be made in the contrary, concerning which his majesty, with advice and consent foresaid, dispenses in that part for ever.
[1641/8/280]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and for his highness and his successors perpetually confirms the charter and infeftment made and granted by our said sovereign lord, for himself and as father and lawful tutor, administrator and governor of the law to his highness's dearest son Charles, Prince of Scotland and Wales, Duke of Rothesay, Albany, Cornwall and York, superior of the lands underwritten, to his highness's beloved John Shaw of Greenock and Helen Houston, his spouse, and longest liver of the two, in conjunct fee, and the male heirs lawfully procreated or to be procreated between them, which failing, to the said John Shaw, his male heirs and assignees whatsoever heritably, of all and whole the lands of Wester Greenock Shaw with the old castle site, castle, tower and fortalice and manor place, new built bounds, places, orchards and yards of the same, with the mill thereof and their pertinents whatsoever; and of all and whole an annualrent of 50s yearly to be uplifted and taken at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, out of all and whole the lands of Johnstone, with the pertinents, lying within the sheriffdom of Renfrew; and also of all and whole the lands of Drumelling and Spango Cunningham, with the woods of the same, and that part of the mill of Spango, mill lands, astricted multures and other multures thereof, with all and sundry the pertinents, except the three shilling, four penny land of the said lands lying on the east part of the lands and messuage sometimes occupied and possessed by John Ewing, all lying within the said sheriffdom of Renfrew, which infeftment is granted upon the said John Shaw's resignation; together likewise with the new gift and donation contained therein made and granted by our said sovereign lord, for himself and as father and administrator to his highness's said dearest son, the prince, with consent of his highness's principal treasurer and treasurer depute within this kingdom of Scotland for the time, to the said John Shaw, his spouse and their foresaids, of the lands and others particularly above-specified with the new erection contained in the said charter to the said John Shaw, his spouse and their foresaids of the town or village of Greenock in a free burgh of barony, to be called now and in all time coming the burgh of Greenock, with all privileges, liberties and immunities at length mentioned and contained in the said charter to be held of his highness's said dearest son Charles, prince and stewart of Scotland, and his successors, in fee and heritage and free barony for ever for service of ward and relief, as the said charter under his highness's great seal of the date at Greenwich, 5 June 1635 at more length bears; with the precept of sasine following upon the said charter under his highness's quarter seal of the date of the said charter, together also with the instrument of sasine following upon the said precept given to the said John Shaw and his spouse of the lands and others foresaid of the date 9 September 1635 under the note and subscription of Thomas Niven, notary public, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained in the said charter, precept of sasine following thereupon and sasine following upon the same, and after the forms and tenors thereof in all points, to have been from the beginning, to be now and in all time coming good, valid and sufficient evidents and securities, according to the tenors thereof, to the said John Shaw, his spouse and their foresaids for their heritable and peaceable holding, enjoying and possessing of the forenamed lands and others particularly above-specified, with the pertinents contained therein perpetually in all time coming, as their own proper heritage, according to their said rights thereof hereby ratified in all points in time coming as said is. And declares this present ratification to be as valid and effectual as if the foresaid charter, precept and instrument of sasine were word by word inserted herein, albeit the same be not so done, concerning which, our sovereign lord and estates of parliament have dispensed and hereby dispense for ever.
[1641/8/281]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, considering that the burgh of Lauder is the special and head burgh within the bailiary of Lauderdale and sheriffdom of Berwick, and that there are great quantities of cattle, sheep, wool and other bestial to be sold within the said bailiary and sheriffdom, and that one of the days appointed for holding of one of their fairs is altogether unprofitable in respect of the shortness of the day, foulness of the weather that is usual at that time, deepness of the soil and greatness of the water of Leader running near the said burgh, which hinders both the bestial and goods then to be transported to and from the said burgh, and the lieges and people to come and go thereto (without great hazard), so that the inhabitants, not only of the said burgh, but also of the whole sheriffdom and bounds round about and others having business in the fairs thereof, greatly desire and have earnestly supplicated his majesty and his highness's commissioners and estates of parliament that there be a fair and market held and kept in the said burgh of Lauder upon 22 July, called St Magdalene's day, being in the midst of summer when the bestial, cattle, sheep, wool and other merchandise of that kind which are very plentiful and abounds in these parts are at their best, and may most commodiously be transported to and from the said burgh, and when the people may most conveniently and safely repair thereto to sell and buy, and without danger of the waters lying thereabouts, which his majesty and estates of parliament have thought reasonable and fit. Therefore his majesty and estates of parliament have given and by this ratification give and grant to the bailies, council, burgesses and inhabitants of the said burgh of Lauder and their successors a market and fair to be held and kept by them in the said burgh of Lauder upon 22 July, called St Magdalene's day, and to continue for eight days thereafter (as is usual) yearly and perpetually in all time coming; and therewith give and grant to them and their successors all tolls, customs, privileges, immunities and liberties pertaining to a free fair of a free burgh royal, to be possessed, enjoyed, held and used by the said bailies and community of the said burgh and their successors in the same way as any other burgh royal within this kingdom possesses, holds and uses the like fair and market and liberties thereof therein for ever. And our sovereign lord ordains an infeftment and gift (if need be) to be passed upon the foresaid fair or market yearly to be held as said is, and liberties thereof, tolls, customs, privileges and immunities thereof to and in favour of the said bailies, council and community of the said burgh of Lauder and their successors either (per se) or to be contained in any infeftment, gift or signature to be passed in their favour. And in the meantime ordains this present act to be a sufficient and lawful warrant to the said bailies, council, burgesses and community of the said burgh and their successors for possessing and holding of the said market and fair the time foresaid yearly, and that for taking up of the said customs, tolls and duties thereof, and for using all other liberties and privileges pertaining thereto in manner foresaid until the foresaid infeftment, gift or signature be passed or completed by his highness or his successors to them thereupon, under his highness's great seal in due form, notwithstanding that the same be not contained in any such gift or infeftment granted to them thereupon; concerning which his majesty and estates of parliament dispense by this ratification, and declare and ordain that this present market, fair, liberty and privilege thereof hereby granted shall be without prejudice to the said bailies, council and community of the said burgh and their successors regarding the holding and possessing of all former fairs and markets granted to them and their predecessors at any time bygone and whereof they are in possession. It being always declared that this ratification nor no clause thereof shall be prejudicial to the heritable right of bailiary of Lauderdale pertaining to [John Maitland], earl of Lauderdale, his heirs and successors, nor to any privileges, liberties or immunities pertaining to the said heritable bailiary within the said fair or any other fairs within the same.
[1641/8/282]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, considering that the burgh of Jedburgh has only the privilege of one fair in the year, and that it is very necessary and will contribute and conduce much to the well and profit of the country and of his majesty's subjects in these parts about if the said burgh had the privilege of another two fairs yearly for the sale of their goods and cattle, in respect of the great multitude of goods and cattle in the borders and these parts of the country next adjacent to the said burgh, therefore our said sovereign lord and estates of parliament give, grant and convey to the provost and bailies, council and community of the said burgh of Jedburgh and their successors, provosts, bailies, council and community thereof all and whole the privilege and liberty of another two fairs yearly to be held at the said burgh of Jedburgh within the bounds of any part of the lands and liberties thereof where they shall think most expedient, the one thereof to be held upon 15 August, called the First Lady Day, and the other to he held upon 4 November, called St Leonard's Day. Likewise his majesty, with advice and consent foresaid, gives, grants and conveys to the said burgh, council and community thereof, and their successors, all privileges, customs, great and small, and other duties whatsoever pertaining to a free fair, with full power to them to uplift and receive the customs of the said fairs, and thereupon to convey at their pleasure and to do, exercise and enjoy all liberties and privileges in the said fairs in the same way and as freely in all respects as they have exercised or enjoyed in their former fairs, or as they or any other burgh of this kingdom having the power and privilege of free fairs has exercised or enjoyed, or may exercise or enjoy, the same in any time bygone or to come. And ordains this present act to be as valid to the said burgh of Jedburgh for their privilege of two fairs as if the same were passed his majesty's seals by way of signature, concerning which, his majesty, with consent foresaid, has dispensed and by this act, with advice and consent foresaid, dispenses for ever.
[1641/8/283]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the letter of rehabilitation made, given and granted by his highness, with advice and consent of his highness's trusty cousins and councillors, William [Douglas], earl of Morton, treasurer, comptroller, collector and treasurer of the new augmentations of his majesty's kingdom of Scotland for the time, and of John [Stewart], earl of Traquair, his highness's depute in the said offices for the time, and also of the other lords of his majesty's exchequer for the time, under the great seal to Margaret Stewart, daughter lawful to the late Hercules Stewart, brother to the late Francis [Stewart], sometime earl of Bothwell that last deceased, procreated between the said late Hercules and Mary Whitelaw, his spouse, whereby our said sovereign lord, with consent foresaid, of his highness's special grace and clemency, rehabilitated and reintegrated the said Margaret Stewart to her good fame, and to all whereof she was deprived and prejudiced by the process, sentence and doom of forfeiture led, deduced, given and pronounced against the said late Hercules, her said father, in a justice court held within the tolbooth of Edinburgh upon 25 July 1591, for certain crimes of treason and lese-majesty committed by him contained in the said process and sentence whereof he was convicted, and by diverse acts of parliament made thereafter and following thereupon his posterity were disqualified and made unable to possess and enjoy the lands, heritages, honours, dignities, privileges, rooms and possessions within the kingdom of Scotland. And also our said sovereign lord, with consent foresaid, accepted, received and restored the said Margaret in and to his highness's favour and grace against the said doom and sentence of forfeiture, whole accusations, crimes and contents of the same specified and contained therein and renounced, quitclaimed and discharged the same with all that had followed or might follow thereupon to and in favour of the said Margaret Stewart, her heirs and successors for ever. And likewise his majesty, with advice and consent foresaid, restored the said Margaret Stewart and her foresaids to all and sundry lands, heritages, tacks, steadings, rooms, possessions, actions, goods and gear whatsoever pertaining or which pertained or might pertain or in any way competent to her before the said forfeiture or since, to the effect that she, her heirs, successors or assignees might intromit therewith, call and pursue thereof according to the law, possess, enjoy, use and convey thereupon at their pleasure, with all profits of the same bygone and to come; and declared the said Margaret Stewart able, worthy and capable to pursue all actions competent to her in the same way and as freely in all respects and conditions as if the said sentence and doom of forfeiture had never been led nor pronounced against her said late father, and that notwithstanding the same forfeiture and whatsoever laws, civil or municipal, acts of parliament, secret council and other acts, laws or statutes of this realm made and set down or which might be extended or interpreted in the contrary hereof, regarding which our said sovereign lord, for his majesty and his successors, dispenses for now and ever; which letter of rehabilitation is of the date at Berwick, 27 July 1633, together with the said Margaret's service whereby she is served nearest and lawful heir to the said late Hercules Stewart, her said father, procreated between him and the said late Mary Whitelaw, her said mother, before the bailies of the Canongate upon 13 April 1636, together also with the retour following thereupon, in all and sundry heads, articles, clauses and conditions contained therein, after the form and tenor thereof in all points; and wills and declares that this present† ratification is and shall be as valid and effectual to the said Margaret Stewart and her foresaids as if the foresaid letter of rehabilitation, service and retour were inserted herein word by word, concerning which his majesty and estates foresaid dispense for ever.
[1641/8/284]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment granted by the king's majesty to Thomas Forbes of Waterton, his heirs and assignees contained therein, of all and whole the lands, fortalice and manor place of Abbotshall of Ellon, with the green yards and meadow thereof, the lands of Candiland with the mill, mill lands and pertinents thereof, and teind sheaves of the same, and also of all and sundry the teind sheaves of all and whole the lands of Waterton, Easter Ellon, Crawhead, with the mill lands thereof, Balmacassie, Colehill, Cassiegills, Pictillum, Smiddy Croft, Ruids of Ellon and Fuirdaill House, and of the 18 parts of the faulds of Carmuck, with the pertinents of the same, and also of the teinds of his salmon fishing upon the water of Ythan, as well by cobles† and nets as cruives, beginning at Netherfuird and ascending upward to Segefuird of Fyvie, all lying within the sheriffdom of Aberdeen, under his highness's great seal, of the date 29 March 1634, with the resignations thereof whereon the same proceeded and precept and sasine following thereupon; and also the infeftments, charters and rights made and granted by Charles [Seton], earl of Dunfermline and his predecessors to the said Thomas Forbes and Jean Ramsay, his spouse, the longest liver of the two, in conjunct fee, their heirs and assignees therein contained, or to any of the said Thomas's predecessors and authors, of all and whole the lands of Waterton, Easter Ellon and Crawhead†, with the corn and waulk mills thereof, mill lands, astricted multures, sucken and knaveships of the said lands, with all and sundry their houses, buildings, yards, tofts, crofts, outsets, insets, parts, pendicles and pertinents thereof lying as said is; and also the charters, infeftments and rights made and granted by the king's majesty and James [Ogilvie], then lord Deskford, now earl of Findlater, and their predecessors, to and in favour of the said Thomas Forbes and his authors, their heirs and assignees of the said salmon fishing upon the said water of Ythan, as well by cobles and nets as in the cruives thereof, beginning at the said Netherfoord and ascending upward to the said Segefurde of Fyvie; as likewise the charters, infeftments and rights made by the late pretended Archbishop of St Andrews and his predecessors to the said Thomas Forbes and his authors, their heirs and assignees of all and whole the said lands of Balmacassie, Colehill, Cassiegills, Pictillum, Smiddy Croft, Ruids of Ellon and Fuirdaill House and 18 parts of the said faulds of Carmuck and whole houses, buildings, yards and other pertinents of the same lying as said is, together with all precepts and sasines following thereupon and whole grounds whereon the same proceeds, of whatsoever dates, tenor and contents the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the forms and tenors thereof in all points, together with the said Thomas Forbes, his possession apprehended by him of the said lands, mills, teinds, fishings and others above-written with the pertinents by virtue of the said rights. And our said sovereign lord and estates of parliament will and grant, and for his highness and his successors decree and ordain that the generality of this present ratification is, nor shall in any way, be hurtful nor prejudicial thereto in any sort, but the same to be as effectual and sufficient and of as great force, strength and effect as if the said whole infeftments and rights specially and generally above-written hereby ratified were all at length word for word engrossed and contained in this present ratification; concerning which, and with all other defects, imperfections and objections which may be proposed or alleged in the contrary against the said rights or any of them and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and, by this ratification, dispense for ever.
[1641/8/285]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament have ratified and approved and, by this legislation, ratify and approve a contract and appointment of the date at Edinburgh, Holyroodhouse and Canongate, 15, 1 and 24 days of [...] and March, 1636 and 1638, made between James, earl of Home, lord Douglas on the one part, and Dame Margaret Home, lady Doune and Anna Home, lady Maitland, with consent of their spouses and certain persons contained in the contract, on the other part, by virtue whereof and for the causes therein contained the said Ladies Doune and Maitland have sold and conveyed to the said James, earl of Home, his heirs and assignees, all and whole the lands, living and estate of Home, comprehending the lands, baronies, mills, woods, fishings, offices, kirks, teinds and others at length specified and contained in the said contract, as the same in itself at more length purports, together with the infeftments following thereupon made by the foresaid persons, by resignation in the hands of his majesty's commissioners in favour of the said James, earl of Home; and decree and ordain the right of all and whole the said lands, living and estate of Home, comprehending the said lands, baronies, mills, woods, fishings, offices, kirks, teinds and others specified in the said contract, to appertain and belong to the said James, earl of Home and his heirs specified therein, by virtue of the rights, resignations and dispositions made by the forenamed persons to him, and that for onerous causes undergone and fulfilled by the said James, earl of Home for obedience of our sovereign lord's decreet arbitral, whereby his majesty did decree and ordain the said James, earl of Home to pay to the forenamed persons great sums of money, and declare the said right and disposition made by the forenamed persons to the said earl was, is and shall be in all time coming a good and undoubted right to the said earl, whereby he may hold and possess the said living, estate and others conveyed to him as his proper heritage. And further our said sovereign lord, with advice foresaid, ratifies and approves to the said James, earl of Home the dignity and title of the Earl of Home, with all precedence due thereto, the said James, earl of Home being nearest male heir, served and retoured to the late James [Home], earl of Home that last deceased and to the late Alexander [Home], earl of Home, his father, first Earl of Home.
[1641/8/286]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice and consent of the estates of this present parliament, has ratified and approved and, by this legislation, ratifies and approves the charter and infeftment made and granted by his majesty, with consent of his highness's treasurer, treasurer depute and other lords of his majesty's exchequer, under his highness's great seal, to his majesty's beloved Master Alexander Belsches of Tofts, advocate, his heirs and assignees whatsoever heritably, of all and whole the lands of Easter and Wester Plewlands, with houses, buildings, yards, tofts, crofts, parts, pendicles and pertinents thereof whatsoever, lying within the sheriffdom of Berwick, of the date 10 July 1637, with the precept and instrument of sasine following thereupon, together also with all and sundry other infeftments, evidents, rights and securities made and granted to the said Master Alexander Belsches, his predecessors and authors of and concerning the lands and others above-specified, with the pertinents, of whatsoever dates, tenors or contents the same be of, in all and sundry heads, clauses, articles and conditions contained therein after the form and tenor thereof in all points. Likewise our said sovereign lord and estates of parliament will and declare that this present ratification is and shall be as valid and effectual as if the foresaid charters, infeftments and other writs hereby ratified were inserted at length and word for word herein, concerning which our said sovereign lord and estates foresaid dispense for ever.
[1641/8/287]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made and granted by the late Alexander [Lindsay], sometime bishop of Dunkeld, to his highness's beloved Andrew Skene of Auchtertool, his heirs and assignees whatsoever heritably, of all and whole the lands and barony of Auchtertool, with the manor place of Hallyards, houses, buildings, yards, orchards, outsets, insets, annexes, connexes, dependencies, parts, pendicles and pertinents of the same, whatsoever specially and particularly at length mentioned and contained in the said charter and infeftment lying within the diocese of Dunkeld and sheriffdom of Fife, to be held of the said late Alexander, sometime bishop of Dunkeld and his successor bishops thereof in feu ferm and heritage, for yearly payment of the particular feu ferms and other duties at length mentioned and contained in the said charter, as the same of the date the [...] day of [...], the year of God [...] at more length bears, with the instrument of sasine following upon the said charter under the note and subscription of [...], notary public; together also with the infeftment and gift granted by our said sovereign lord under his highness's great seal to Sir William Forbes of Craigievar, knight baronet, of the advocation, donation and right of patronage of the parish and parish kirk of Auchtertool, parsonage and vicarage thereof, and of the whole teinds, lands and kirk lands of the same pertaining and belonging thereto, with all and sundry their privileges and pertinents, lying within the said sheriffdom of Fife, with the alienation, disposition and procuratory of resignation therein contained made by the said Sir William Forbes to the said Master Andrew Skene of the said right and patronage of the said kirk and parish of Auchtertool, parsonage and vicarage thereof, and of the said whole teinds, lands and kirk lands of the same, of whatsoever dates, tenor, contents respectively the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points, to have been from the beginning, to be now and in all time coming good, lawful, valid and sufficient evidents and securities to the said Master Andrew Skene and his foresaids for their peaceable and heritable possessing and enjoying of the said lands and barony of Auchtertool, with the said manor place of Hallyards and pertinents thereof foresaid, and right of patronage of the said kirk of Auchtertool and whole teinds, lands and kirk lands thereof, without contradiction, quarrel or question to be made in the contrary. Moreover our said sovereign lord, with consent foresaid, has determined and declared and, for his highness and his successors, perpetually statutes and ordains the said charter and infeftment, containing precept of sasine therein and instrument of sasine following thereupon, of the said lands and barony of Auchtertool, with the said manor place of Hallyards, and the said infeftment and gift of the said advocation, donation and right of patronage of the said parish and parish kirk of Auchtertool, parsonage and vicarage thereof, and whole teinds, lands and kirk lands of the same pertaining and belonging thereto, with the said alienation and disposition and procuratory of resignation contained therein made by the said Sir William Forbes in favour of the said Master Andrew Skene of the same, hereby ratified in manner foresaid, to be a valid, lawful, heritable and real right and security to the said Master Andrew Skene and his foresaids for their peaceable holding, enjoying and possessing of the said lands and barony of Auchtertool and manor place of Hallyards, houses, buildings, yards, orchards and pertinents of the same, and right of patronage of the said kirk of Auchtertool, parsonage and vicarage thereof, and whole teinds, lands and kirk lands of the same heritably and perpetually in all time coming as their own proper heritage, without any contradiction to be made in the contrary.
[1641/8/288]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ordain an act to be made therein in favour of his highness's beloved Sir Thomas Nicolson of Carnock, knight baronet, advocate, ratifying and approving the two charters made and granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurers, comptrollers and collectors principal and deputes and other lords of his highness's exchequer of Scotland, his highness's commissioners, to the said Sir Thomas Nicolson, his heirs [...] assignees therein contained heritably; the one of the said charters of and upon all and whole the lands and barony of Carnock, comprehending the particular towns, lands and mills and others contained in the said charter upon the resignation of the late John Drummond of Carnock, under his highness's great seal, of the date 15 February 1634, and the other of the said charters of and upon all and whole the lands and barony of †Plane, comprehending the particular towns, lands, mills and others contained therein upon the resignation of the late James Somerville of Plane and others having right thereto, under his highness's great seal, of the date 28 June 1634, both the said lands and baronies, with their pertinents, lying within the sheriffdom of Stirling; and the new gifts and unions of the said lands and others contained in the said two charters in two baronies called the baronies of Carnock and Plane in manner contained in the said two charters, and either of them, as the same in themselves at more length bear, with the procuratories and instruments of resignation whereon the said charters and infeftments, and either of them, proceeded, and the precepts of sasine and instruments of sasine following upon the same two charters and infeftments, and either of them, and with all other infeftments, sasines and other rights granted by his highness to the said Sir Thomas and his authors and their predecessors of, upon and concerning the said lands, baronies and others above-written or of any of them of whatsoever dates, tenors or contents the same be of, in all and sundry the heads, points, 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 declare, decree and ordain that this present ratification of the said charters, infeftments and other rights specially and generally above-written hereby ratified as said is, is and shall be as effectual and sufficient and of as great force, strength and effect as if the same charters and rights were all at length and expressly word for word herein engrossed and inserted, notwithstanding the same be not so done, concerning which and with all other defects, imperfections or objections which may be proposed or alleged against the same rights or any of them, or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever. And further, our said sovereign lord and estates of parliament decree and statute the said two charters and infeftments hereby ratified to be a valid and undoubted right to the said Sir Thomas Nicolson and his foresaids for possessing and enjoying the said lands and baronies respectively above-written and others contained therein, and whole parts, pendicles, liberties and pertinents thereto belonging as their own proper heritage in time coming, according to the tenors of the said two charters and infeftments above-mentioned in all points, notwithstanding of any objections may be made in the contrary, which his majesty and estates remit for ever.
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Our sovereign lord and estates of this present parliament have ratified, approved and confirmed and, by the tenor hereof, for his highness and his successors, ratify, approve and confirm the charter and infeftment granted by his majesty under his highness's great seal, of the date at Whitehall, 24 March 1630, to his highness's beloved Master John Skene, one of the ordinary clerks of the college of justice, his heirs and assignees whatsoever heritably and irredeemably, without any reversion, redemption or regress, of all and whole the lands and barony of Hallyards, comprehending therein all and sundry the lands of Hallyards with the principal messuage, manor place, houses, buildings, yards, orchards, meadows and all their pertinents, and also all and sundry the lands and mains of Hallbarns, with their pertinents, together with the teind sheaves and other teinds, rents, fruits and emoluments, as well parsonage as vicarage, of the said lands of Hallyards and Hallbarns respectively therein included, which were never separated from the stock and all their pertinents lying within the barony of Listoun and sheriffdom of Edinburgh as for the principal; and also of all and whole the lands and barony of Libberton, comprehending therein all and sundry the town and lands of Libberton and eight oxengate of land of Muirhouse, with the tower, fortalice, manor place, houses, buildings, yards, orchards and other parts and pendicles of the said lands of Libberton, mill thereof, mill lands, multures and sequels of the same, outsets, annexes, connexes, dependencies, tenants, tenancies, service of free tenants thereof, and all their pertinents, extending in the whole to a forty pound land of old extent; and also all and whole the town and lands of Quothquan and Cormiston, with the mill of Quothquan, mill lands, multures and sequels thereof, commonties, parts, pendicles and all their pertinents, all lying within the lordship and barony of Carnwath and sheriffdom of Lanark, and that in special clause of warrandice and security to the said Master John Skene and his foresaids of all and sundry the said lands of Hallyards and Hallbarns respectively, with the teinds, teind sheaves thereof and others respectively with their pertinents foresaid, under the conditions and provisions always in manner specified in the said infeftment, to be held of our sovereign lord and his highness's successors, namely: the said lands of Hallyards and Hallbarns, with the teinds included, conveyed as principal in feu ferm and free barony for ever, for payment of a yearly feu duty of 100 merks money of this realm, and the said lands of Libberton, Muirhouse, Quothquan and Cormiston, with their mills, conveyed in warrandice in a free barony, called the barony of Libberton, for payment of a yearly blench duty of a pair of red hose in manner contained in the said infeftments, with the precepts and instruments of sasine following thereupon, in the whole heads, clauses, articles and conditions thereof. And his majesty and estates will and declare that this ratification shall be as valid and effectual as if the said charter, precepts and instruments of sasine were inserted word by word, concerning which his majesty and estates by this ratification dispense. Moreover, our said sovereign lord and estates of this present parliament will and grant and, for his highness and his successors foresaid, declare, decree and ordain that the said charter, infeftment, precept of sasine, with the sasine following thereupon and this present ratification thereof, are and shall be sufficient rights and securities to the said Master John Skene, his heirs, successors and assignees for their peaceable possessing, holding and enjoying of the said lands and baronies, both principal and warrandice respectively above-specified, with the teind sheaves, as well parsonage as vicarage thereof, included, and others above-specified, with their pertinents, heritably in manner contained in the said infeftment at their pleasure in all time coming, and according to the foresaid charter and infeftment in all points, notwithstanding of whatsoever objections may be made in the contrary, which his majesty and estates renounce for ever.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, by the tenor hereof, ratify and approve, for his highness and his successors in all time coming, to and in favour of the present deacon, treasurer and other brethren freemen of the weavers and burgesses of Edinburgh and their successors, a seal of cause granted in their favour in the month of January 1475 by the provost, bailies and council of Edinburgh for the time; together with a posterior seal of cause granted by the said provost, bailies and council of Edinburgh for the time to and in favour of the said deacons, treasurer and other brethren of the said weaver trade for the time and their successors, dated in the month of November 1584; together also with a decreet of the lords of privy council, dated at Holyroodhouse, 13 January 1603, in favour of the said weavers and cloth waulkers within this realm, regarding the restraint by merchants and traffickers of any linen or wool yarn under the pain of confiscation of the same, with the proclamation made by sound of trumpets and displayed coats of arms at the market cross of Edinburgh on a market day, being 17 January 1603; together likewise with a decreet given and pronounced before the lords of council and session upon 11 January† 1614 with the parties appearing in the court of appeals to and favour of the deacon, quartermasters and other brethren of the weaver trade of the said burgh of Edinburgh for the time and their successors, against the weavers, unfreemen in the Canongate, Potterrow, West Port and other parts thereabouts, finding them to have done wrong in coming within the liberty of the burgh of Edinburgh and receiving of yarn or stuff from the inhabitants thereof, and therefore determining and ordaining them to desist and cease therefrom in time coming, in all and sundry heads, articles, clauses, conditions and circumstances thereof whatsoever, with all that has followed or may follow thereupon. And further, his majesty, with advice foresaid, wills and declares and, for his highness and his successors, perpetually decrees and ordains that this present ratification is, and in all time coming shall be, of as great force, strength and effect to the said deacon, quartermasters and other brethren of the weaver trade, freemen of Edinburgh present and to come, for their peaceable exercising and enjoying of their trade and calling of weaver craft, without interruption by any unfreemen in burgh or landward by taking away of linen or woollen yarn or yet by coming in within the liberty of Edinburgh or receiving of yarn or stuff from the inhabitants thereof as said is, in the same way as if the said two seals of causes, decreets before the lords of secret council and session of the dates, tenors and contents respectively above-written were at length and expressly inserted and engrossed herein, concerning which his majesty, with advice foresaid, for him and his successors, has dispensed and dispenses for now and ever by this ratification. Excepting out of this present ratification the restraint of the exportation of yarn, the discharge whereof the king and estates remit to the commission granted for manufactories to be considered and determined by that commission accordingly as the weavers shall qualify before that commission the expediency and necessity of the said restraint. Reserving likewise unprejudiced by this ratification the privilege granted to manufactories by the said commission appointed for establishing thereof, and ordains the said weavers in whose favour this ratification is granted to do their work as well, as cheap and as timeously as any others of their craft and trade at the sight of the magistrates and town council of Edinburgh. And ordains letters of publication to be directed hereupon by deliverance of the lords of council and session at the instance of the present deacon, quartermasters and brethren of the weavers, freemen burgesses of Edinburgh for themselves and in name and on behalf of their successors against all and sundry unfreemen and others whatsoever, in burgh or landward, for prohibition of them of taking away of linen or woollen yarn and coming within the liberty of Edinburgh, receiving of yarn or stuff from the inhabitants thereof, except as is before excepted, under the pain of confiscation of the same as said is, so that none of them pretend ignorance of the same in time coming.
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Our sovereign lord, with advice and consent of the estates of this present parliament, considering that there was an act of parliament formed and set down and presented and given in before his majesty and estates of the parliament held at Edinburgh in the month of July 1633 by the provost, bailies and council of Edinburgh for the sum of 12,000 merks money of this realm to be uplifted yearly of the whole inhabitants and indwellers within the said burgh, the lords of his majesty's council and session being only excepted, according to the quantity and proportion of the mail they pay or the houses where they reside, may pay to be applied only for the sustentation of the ministers within the said burgh of Edinburgh, which being duly considered by his majesty and estates of the said parliament held at Edinburgh in the said month of July 1633, his majesty, with the advice of the estates of the said parliament, was graciously pleased to remit and recommend the same to the lords of his majesty's privy council, to whom his majesty and estates foresaid gave full power and commission to consider, advise and try the same act with the equity, necessity and expediency thereof, and to decide, statute and determine therein as they shall think expedient for the good and well of his majesty's lieges, and ordained the decreet, statute, ordinance and determination to be made, given and pronounced by the said lords of privy council regarding the said act to have the strength, force and effect of a sentence and act of parliament in all time coming, as the said act and reference of the parliament made to his majesty's privy council at length bears. Likewise the said lords of secret council, by their decreet and act of the date 18 March 1634, found and declared that the course and order prescribed and set down in the act foresaid, given in by the said provost, bailies, council and community of Edinburgh to his majesty and late parliament foresaid, touching their ministers' stipends and settling thereof, is a very good and fair course tending to the well of the said burgh and settling the ministry thereof in their stipends, with this special provision and exception: that the lords of his majesty's secret council and the lords of the session shall in no way be subject to contribute to this imposition; and with certain other declarations mentioned in the said decreet or act of council, as in the same act or decreet of the said lords of secret council of the date above-written at more length bears. And also there was an act made by the said lords of secret council of the date 11 July 1637, finding that the members of the college of justice, the advocates, clerks and writers, are exempted from the said act of parliament, whereby all the inhabitants within the said burgh of Edinburgh (except the lords of secret council and session) are made liable to be taxed towards the payment of the said ministers' stipends, according to the proportion of the mail of the houses wherein they dwell, and declared them to be included in the foresaid exception made in favour of the said lords of council and session in regard of the said advocates, clerks and writers their voluntary offer to contribute a proportional tax towards the payment of the said ministers' stipends, as in the said act of secret council at more length is contained. Which act given in to his majesty† of the said late parliament of 1633, and the reference thereof foresaid to the said lords of privy council and their said act and decreet following thereupon, were ratified and approved by his majesty by his highness's letter of ratifications under his highness's great seal of the date at Whitehall, 19 January 1636, as the said ratification under the great seal of the date above-written at more length bears. And also there was an act made in the books of sederunt of the session of the date 28 July 1637, making mention of the offer made by the advocates, clerks, writers and other members of the college of justice for themselves and their successors in the said places and offices respectively to pay yearly in manner mentioned in the said decreet to the provost, bailies, council and community of the said burgh and their treasurers, collectors and others to be appointed by them present and to come, and that all to the benefit of the said ministers serving the cure within the said burgh, all and whole the sum of 11d money of this realm out of each 20s of mail, which shall be paid by the said members of the college of justice for their houses, chambers and booths occupied and possessed by them or otherwise according to the same proportion pertaining to the stent of the houses, chambers or booths possessed by them by heritage, liferent or favour, and that yearly and termly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, beginning the first term's payment thereof at the feast and term of Whitsunday [28 May] 1637 under the special reservation and condition made by the said advocates, clerks, writers and other members of the said college of justice that the said voluntary offer should in no way be prejudicial to them of all their privileges, liberties and immunities whatsoever, and that the said offer was accepted by the said provost and bailies of the said burgh of Edinburgh for themselves and in name of the council and community thereof, and their successor provost, bailies, council and community of the said burgh with the express provision, condition and reservation of the privileges foresaid, to the which voluntary offer and acceptation foresaid the said lords of council and session interposed their decreet and authority. Therefore our said sovereign lord and estates of this present parliament, finding the matter above-written to be reasonable and to tend to the advancement of religion and furtherance of the ministers serving the cure within the said burgh of Edinburgh to competent stipends have ratified and approved, and by this legislation ratify and approve the foresaid act which was given in to his majesty and estates of the said former late parliament, the reference thereof above-written to the said lords of privy council, the foresaid decreet or act following thereupon given and pronounced by the said lords of privy council, the foresaid letter or ratification of the same act, reference thereof and decreet of the said lords of privy council under the great seal, the foresaid other act of the said lords of privy council and the foresaid act made in the said books of sederunt of session of the dates respectively above-mentioned, in all points, heads, articles, clauses and conditions contained therein, after the forms and tenors thereof; and declare this present ratification of the same to be as valid, effectual and sufficient in all points and respects as if the same were at length and word by word inserted herein, dispensing by this ratification with the not inserting thereof; and ordain the first term's duties respectively above-specified contained in the said acts respectively to be and begin at the said feast and term of Whitsunday in the said year 1637, and so forth yearly and termly thereafter at the said two terms in the year, Whitsunday and Martinmas in winter, by equal portions perpetually in all time thereafter, and also ordain letters, executorials and execution to be directed, used and executed hereupon, and upon the said acts respectively above-specified in manner therein expressed, according to the tenor thereof.
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Our sovereign lord and estates of this present parliament, considering that the 13th act of his majesty's late parliament held at Edinburgh in the month of July 1633, entitled, 'Regarding regalities of erections', contains in the end thereof that it was declared, determined and ordained that the lands and barony of Broughton, comprehending the towns, lands, burgh in barony, mills and others mentioned in the infeftments granted by his majesty under his highness's great seal to his highness's right trusty cousin and councillor Robert [Ker], earl of Roxburghe, of the date the [...] day of [...] 1630, shall not be comprehended in the said act, excluding the same all utterly therefrom to remain with the said Earl of Roxburghe, his heirs and successors after form and tenor of the infeftments made to him and his authors of the same. And also that there is another act made in the said parliament, being the 14th act thereof, being entitled 'Regarding superiorities of kirk lands', whereby the same are declared to appertain to his majesty and his successors in manner specified therein, likewise by contract passed between the said Earl of Roxburghe, with consent of our said sovereign lord, for his majesty's right and interest to the lands, barony and others specified therein. And also our said sovereign lord for himself, with consent of his majesty's treasurers, comptrollers, collectors and treasurers of his highness's new augmentations, principal and depute, nominated therein, and of the other lords of his highness's exchequer, his majesty's commissioners, and with consent of the said Earl of Roxburghe and Dame Elizabeth Kerr, Lady Broughton and them all with one consent and assent on the one part, and the provost, bailies, ministers and council of the city of Edinburgh as feoffors in trust and governors of Heriot's Hospital, and also the said provost, bailies and council of Edinburgh, for themselves and their successors, representing the body and community of the good town of Edinburgh to their own use respectively on the other part, of the date at Holyroodhouse and Whitehall, 19 and 11 November and December 1639 regarding the alienation and disposition made to the said provost, bailies and council of the said burgh of Edinburgh, for themselves and their successors, representing the whole body and community of the same burgh, heritably and irredeemably, of the burgh of regality called the Canongate and of sundry other proper lands, superiorities, privileges of regality and justiciary and others particularly mentioned in the said contract, and regarding the alienation and disposition made to the said provosts, bailies, ministers and council of the said burgh of Edinburgh, feoffors in trust above-designed to the use and benefit of the foresaid hospital, called Heriot's Hospital, heritably and irredeemably, of all and whole the town and lands of Broughton and certain other lands, mills, feu ferms, privileges of regalities and other privileges, liberties and others particularly mentioned in the said contract. Our said sovereign lord, with consent of the forenamed persons mentioned in the same contract, declared that the foresaid exception or declaration in favour of the said Earl of Roxburghe subjoined in the latter part of the said 13th act of the foresaid parliament held in July 1633 entitled, 'Regarding regalities of erections', was, is and shall be held in all time thereafter understood as inserted and repeated in the foresaid 14th act entitled, 'Act regarding superiorities of kirk lands', by the which contract also our said sovereign lord faithfully promised in the first word to ratify and approve the foresaid contract and appointment and infeftments appointed to follow thereupon in the next parliament to be held thereafter within the said kingdom of Scotland, and to dissolve the lands, mills, superiorities and others contained in the said contract conveyed in manner foresaid from the crown, and to make and grant new infeftments thereof to the said provosts, bailies, council and community for themselves for their own use, and to the said provost, bailies, ministers and council for the use foresaid in manner above-divided, as in the said contract of the date foresaid seen and considered by his majesty and estates of this present parliament at more length is contained. Therefore, and for implementing and fulfilling of his majesty's promise above-written regarding the making and granting of the ratification and dissolution respectively after-mentioned, our said sovereign lord, with advice and consent of the estates of this present parliament, by this legislation ratifies and approves the foresaid contract and appointment of the date above-written, together with charters, infeftments following and completed upon the said contract, dated [...], with the precepts and instruments of sasine following upon the said charters in all points, heads, articles and clauses contained therein after the form and tenor thereof, and declares this present ratification of the same to be as valid and effectual in all respects as if the same were at length and word by word inserted herein, dispensing by this ratification with the not inserting thereof. And also his majesty, with consent of the estates of this present parliament, dissolves the lands, mills, superiorities and others mentioned in the said contract and thereby conveyed in manner foresaid from his majesty's crown and patrimony thereof, to the effect the same may pertain and perpetually belong to the said provost, bailies, council and community of the said burgh of Edinburgh for their own use, and to the said provost, bailies, ministers and council of the said burgh for the use foresaid in manner above-divided, to be held of his majesty and his successors in manner and for payment of the duties at length set down in the foresaid contract according to the tenor of the same contract and of the foresaid charters and infeftments following thereupon in all points. And likewise his majesty, with consent of the estates of this present parliament, declares that the foresaid exception or declaration conceived in favour of the said Earl of Roxburghe subjoined to the latter part of the said 13th act of the foresaid parliament held in July 1633, entitled 'Regarding regalities of erections' was, is and shall be in all time coming understood as inserted and repeated in the foresaid subsequent act of the same parliament being the 14th act thereof entitled 'Regarding superiority of kirk lands'.
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Our sovereign lord and estates of parliament ratify and approve the charter made, given and granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurers, comptrollers, collectors principal and depute nominated therein for the time, and other lords of his highness's exchequer of Scotland, his highness's commissioners, to his highness's beloved Sir Alexander Leslie, now of Balgonie, knight, then general major in the Nether Saxony, and Dame Agnes Renton, his spouse, the longest liver of the two, in liferent for all the days of their lifetimes, and to Colonel Alexander Leslie, now fiar of Balgonie, their eldest lawful son, in fee, his heirs and assignees contained therein heritably, of all and whole the lands of East Nisbet, mill, mill lands, astricted multures and sequels thereof, comprehending the particular towns, lands and others mentioned therein, with the tower, fortalice, manor place, houses, buildings, yards, orchards, mills, multures, tofts, crofts, outsets, insets, parts, pendicles and pertinents thereof, lying within the sheriffdom of Berwick, upon the resignation of John [Cranston], lord Cranston, with consent of Dame Helen Lindsay, lady Cranston, his spouse, and certain other persons mentioned therein; and also made and granted to the said Sir Alexander Leslie in liferent for all the days of his lifetime, and to the said Colonel Alexander Leslie, his son, in fee, his heirs and assignees contained therein heritably, of all and whole the lands and barony of Balgonie, comprehending the particular towns, lands, mains, manor place, coals, coal pits and others mentioned in the said charter, lying within the barony of Balgonie and sheriffdom of Fife; and of all and whole the lands of Treaton Mire, with the parts, pendicles and pertinents thereof, lying within the barony of [...] and sheriffdom of Fife foresaid, with all and sundry the houses, buildings, orchards, yards, dovecots, coals, coal pits, outsets, insets, tenants, tenancies, service of free tenants, annexes, connexes, dependencies, woods, parks, meadows, cuningars, parts, pendicles, commonties and all their pertinents whatsoever of the said lands, barony and others above-written lying as said is; and of all and whole the lands of Craigencalt, with the houses, buildings, yards, tofts, crofts, outsets, insets, mills, mill lands, multures, dependencies, tenants, tenancies, service of free tenants, parts, pendicles, pasturages, privileges, community and all their pertinents whatsoever, lying within the barony of Glassmont and sheriffdom of Fife; and of all and whole the lands of Easter Boglilly, with the mill thereof, called Inchdattie Mill, with the mill lands, multures, sucken and sequels thereof, with all and sundry the houses, buildings, yards, tofts, crofts, outsets, insets, meadows, parks, parts, pendicles and pertinents thereof, whatsoever lying within the parish of [...] and the said sheriffdom of Fife, upon the resignation of Sir John Boswell of Balmuto, knight, David Boswell, fiar thereof, his eldest son, Sir George Boswell of Little Balgonie, knight, James Boswell, sometime of Balgonie, David Boswell of Lochgelly, John Lundie, son and heir of the late Robert Lundie of Balgonie, and of certain other persons, apprisers thereof and having right thereto in manner mentioned in the said charter; and the new gift and disposition contained therein, and the union and creation of the said whole lands, baronies, mills, mill lands, coals, coal pits, fishings and others specially and generally above-written in a whole and free barony, called the barony of Balgonie, in time coming to be held of our sovereign lord and his highness's successors in fee heritage and free barony for ever, as the said charter under the great seal of the date 6 July 1635 at more length bears, with the procuratories and instruments of resignation whereon the said charter proceeded, and precept of sasine and instrument of sasine following thereupon of whatsoever dates, tenors or contents the same be of, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present ratification of the said charter, procuratories and instruments of resignation whereon the same proceeded, precept and instrument of sasine following thereupon is and shall be as valid and sufficient and of as great force, strength, force and effect to the said Sir Alexander Leslie, his spouse and son and his foresaids for possessing and enjoying of the said towns, lands, baronies and others above-written contained therein as if the same were all at length expressly word for word engrossed and contained in this present ratification, notwithstanding the same be not so done, concerning which, and with all other defects and imperfections that may be proposed or alleged against the same and validity thereof, or this present ratification of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever.
[1641/8/294]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment, with the precept of sasine contained therein and instrument of sasine following thereupon, made and granted by James Crichton of Frendraught to his highness's beloved Master James Baird, advocate, and Bethia Dempster, his spouse, and to the longest liver of the two, in liferent during all the days of their lifetime, and to Master John Baird, their eldest lawful son, designed for the time John Baird, his heirs and assignees whatsoever heritably in fee, of all and whole the lands of Fiddesbeg, alias Little Fiddes, with the houses, buildings, yards, parts, pendicles and pertinents thereof, lying within the parish of Foveran and sheriffdom of Aberdeen, to be held of the said James Crichton of Frendraught, his heirs and assignees, for yearly payment of the particular duty of £4 at length mentioned and contained in the said charter, as the same charter containing precept of sasine therein of the date 3 December 1630, with the instrument of sasine following thereupon, under the note and subscription of William Cordenar, notary public, at more length bears, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained in the said charter and precept of sasine therein engrossed and instrument of sasine following thereupon, and after the forms and tenors thereof in all points, to have been from the beginning, to be now and in all time coming in themselves good, lawful and perfect evidents and securities to the said Master James Baird and Bethia Dempster, his spouse, and the said Master John Baird, their son, his heirs and assignees foresaid, for their heritable and peaceable holding, enjoying and possessing of the said lands of Little Fiddes, with the pertinents thereof, in all time coming, according to the tenors of the said rights hereby ratified, without contradiction, quarrel or question to be made against the same. Moreover, our said sovereign lord, with consent foresaid, has determined and declared and, for his highness and his successors, perpetually statutes and ordains the said charter and infeftment, containing precept of sasine therein and sasine following thereupon in manner foresaid, to be a valid, lawful, heritable and real right and security to the said Master James Baird, his said spouse, son and his foresaids, and to each one of them respectively for their own parts, and to the said Master John Baird, their son, his heirs and assignees, for peaceable holding and possessing of the said lands of Little Fiddes, with their pertinents, heritably and perpetually in all time coming, as their own proper heritage notwithstanding of whatsoever defect or imperfections that in any way hereafter may be alleged or objected against the same de jure or de facto, either by his highness or by his successors, or any other person or persons that in any way may claim or pretend right thereto in any time coming, according to the tenors thereof as said is; concerning which, our said sovereign lord, for his highness and his successors, has dispensed, and by this ratification dispenses for ever.
[1641/8/295]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment granted by his majesty to his highness's beloved David Carnegie of Ethie, his male heirs and assignees mentioned therein, and to Jean Maule, his spouse, eldest lawful daughter to his majesty's daily servant Patrick Maule of Panmure, in warrandice of her liferent lands, of all and whole the lands and barony of Craig, comprehending the lands of Meikle Perth and mill thereof, Canony, Ballochy, Brinkes†, Muirton, with the muirs and salmon fishings, Inglismaldie and mill thereof; third part of the lands of Killrie, Easter and Wester Dallry and mill thereof; third part of the lands of Craig and Glenyland and the mains and town of Lour, with the mill thereof; the lands and mains of Ley, with the mill, little garden, alias Easter and Wester Borders, with tower, fortalices, mills, mill lands, salmon fishings, advocation, donation of chaplainries and others mentioned in the said infeftment, all united to the said barony of Craig, to be held of his majesty and his successors in free blench for payment of the blench duties contained in the said infeftment, notwithstanding that a part thereof held of before of his majesty by ward and relief, as in the said infeftment at more length is contained, which is of the date at Whitehall, 8 January 1639, in the whole heads and articles thereof, and wills and declares that this present ratification shall be as effectual as if the said charter and infeftment were herein inserted expressly.
[1641/8/296]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment granted by his majesty, with advice and consent of his highness's treasurers, comptrollers and treasurers of his highness's new augmentations, principal and depute, and other lords and others of his highness's exchequer, his commissioners, to Robert Pringle, writer to his majesty's signet in liferent, and to Master John Pringle, his eldest son in fee, his male heirs and assignees contained therein heritably, of all and whole the lands of Easter Templehall, and lands of Wester Templehall and Costhouss† with houses, buildings, yards, outsets, tofts, crofts, muirs, mosses, pendicles, privileges and pertinents thereof, as the same was occupied and possessed by the late Master Samuel and Francis† Cockburn of Temple, or by either of them and their tenants; and of all and whole the lands of Viccarisfauldis and Parisflate, with the pertinents, sometimes pertaining to the vicars of Pencaitland lawfully conveyed by the late Sir Robert Richardson of Pencaitland, knight baronet, to Sir George Cockburn of Orbiston, knight; with all and sundry the teinds, parsonage and vicarage, of all and whole the said lands of Huntlaw, Easter and Wester Templehall, Tofthouss, Parisflat and Viccaris Faulds, with their pertinents; and of all and sundry the teinds, parsonage and vicarage, of all and whole the lands of Huntlaw, Dey Boigland† and Southwood, alias Woodhead, with the pertinents, which are held of other superiors, all lying within the parish of Pencaitland, constabulary of Haddington and sheriffdom of Edinburgh, with full power, liberty and privilege to the said Robert and Master John Pringle and their foresaids and their whole tenants of the said lands and others above-repeated to have and extract limestone in the lime quarries, parts and bounds of the town and lands of Peaston, with the pertinents, where the tenants of the said lands of Peaston or tenants of the lands of Ormiston get and extract, or shall get and extract, their limestone, or where the same may be most commodiously had and won for making of lime to build and repair the houses and dykes and enhancing of the said lands above-written, with gates, ways and passages, free access and entry thereto, for getting, extracting and transporting of the said limestone to the uses foresaid perpetually in all time coming, without stop, trouble or interruption, upon the resignation of the said Sir George Cockburn of Ormiston, knight, in manner mentioned in the said charter, of the date 13 February 1636, under his highness's great seal, with procuratory and instrument of resignation whereupon the same proceeded and precept of sasine and sasine following thereupon, and all former infeftments, charters, sasines and other rights and securities made and granted by his highness or any of his predecessors or authors of the said lands, teinds and others above-written or any of them to the said Sir George Cockburn or any of his predecessors or authors of whatsoever dates, tenors or contents the same be of, or bears, in all and sundry the heads, clauses, points, articles and conditions contained therein, and after the forms and tenors thereof in all points. And our said sovereign lord wills and grants and, with advice of the said estates of parliament, decrees and ordains that this present ratification of the said charter and other rights specially and generally above-written is and shall be as effectual and sufficient and of as great force, strength and effect to Robert Pringle, his son and his foresaids for possessing and enjoying of the said lands, teinds and other privileges above-written, liberties and pertinents thereof heritably in all time coming, as if the said charter and other rights specially and generally above-written were all at length word for word engrossed, inserted and contained herein, concerning which, and with all other defects and imperfections and objections which may be proposed or alleged against the said rights or any of them and validities of the same and this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever, and find, declare and determine the same to be good and valid rights whereby the said Robert, his son and his foresaids may possess the said lands, teinds and other liberties above-written, privileges and pertinents as their own proper heritage in all time coming for ever, after the form and tenor of the same charter, infeftments and other rights foresaid in all points and according thereto.
[1641/8/297]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that there was an act of council of the burgh of Edinburgh made and granted by the provost, bailies, dean of guild, treasurer, council and deacons of crafts of the same burgh in favour of the deacons of the masons and wrights for the time, for themselves and in name and on behalf of their said crafts and brethren thereof, and also in name and on behalf of the whole coopers, glaziers, bowyers, slaters, painters and others, their adherents, containing sundry privileges and liberties conceived in their favour, and containing certain prohibitions therein specified regarding unfreemen in the said crafts and others dwelling within and about the same burgh for bringing in and setting up therein of works belonging to their said crafts at length mentioned in the said act, as the same of the date 18 April 1633, under the seal of cause of the said burgh of Edinburgh, at more length purports, whereof there was a confirmation under his majesty's great seal made in their favour, containing the said act of council at length inserted therein, as in the said confirmation of the date 8 August 1635 at more length is contained; and his majesty and estates of this present parliament, finding the said act of council and confirmation thereof to tend for the enabling of craftsmen in the crafts above-written and for advancing of policy within the said burgh, therefore our said sovereign lord, with advice and consent of the estates of this present parliament, has ratified and approved and, by this legislation, ratifies and approves the foresaid act of council and his majesty's confirmation thereof above-specified of the dates respectively above-written in all points, articles and clauses contained therein, after the forms and tenors thereof, and declares this present general ratification thereof to be as sufficient as if the same were at length and word by word inserted herein, dispensing hereby with the not inserting thereof; and statutes and ordains the same to stand as a perpetual law to the said crafts and their successors according to the tenors thereof, and that all judges within this realm upon any controversy that shall occur regarding the said liberties shall determine according to the tenor of the said act of council and confirmation thereof foresaid in all points.
[1641/8/298]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and perpetually confirm all and sundry charters, infeftments, gifts, grants, liberties, privileges, rights, titles and securities whatsoever made and granted by his majesty and his majesty's most noble progenitors to and in favour of the burgh of Dumbarton, provost, bailies, council and community thereof at any time bygone and acts of parliament and other rights ratifying the same, of whatsoever date or dates, tenors or contents the same be of, with all and sundry liberties, privileges, immunities, casualties, customs and duties contained therein, or whereof they and their predecessors are and have been in use and possession at any time bygone, with the liberty of their fairs of Patrickmas [17 March], Midsummer [24 June] and Lammas [1 August] and all other fairs and markets used and wont held and to be held within the said burgh, liberty and territory thereof, with the keeping and riding of the said fairs and markets and uplifting of all customs, imposts and other duties whatsoever used and wont to be paid in the same in the same way and as freely in all respects as have been uplifted and taken in the said fairs and markets at any time bygone; together with the office of sheriffship within the said burgh, liberty and territory thereof, as well by land as water, with full power to hold courts as often and so often as need be within the said burgh, liberty and territory thereof or any part of the same, and with liberty of court plaint, herial and bloodwit, infangtheif and outfangtheif, pit and gallows within the same, absents to fine, transgressors to punish, escheat, fines and amercements of the said courts to uplift, receive and apply the same for the well of the said burgh, and if need be to poind and distrenzie thereof as appropriate, clerks, serjeants, dempsters, officers and other members of court needful to make, create and cause be sworn, and to do, use and exercise all other things necessary belonging to the said courts of sheriffship within the said burgh and liberty and territory thereof, in the same way and as freely in all respects as is known to pertain to any other free burgh royal within this kingdom, or whereof they have been in possession at any time bygone, according to the foresaid rights and infeftments made and granted to the said burgh of Dumbarton as is before rehearsed in all and sundry heads, points, articles, clauses, liberties, privileges, immunities and circumstances thereof. And his majesty and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present confirmation shall be as sufficient and valid to the said burgh of Dumbarton, provost, bailies, council and community thereof now present and their successors in all time coming as if the foresaid charters, infeftments, gifts, grants, donations, offices, rights, privileges and liberties, particularly and generally above-expressed, were word by word expressed and set down herein, concerning which, and with all defects and inconveniences, and with all objections and imperfections if any be which may be opposed or alleged against the validity of the said infeftments, rights, privileges and others foresaid or of this present confirmation thereof, his majesty and estates of parliament have dispensed and, by this ratification, dispense for ever; and statute and ordain that the foresaid infeftments, gifts, grants, donations, liberties and privileges respectively foresaid, with this present ratification thereof, shall be an absolute, undoubted, valid and sufficient right to the provost, bailies, council and community of the said burgh now present and their successors perpetually in all time coming for holding, using, enjoying and possessing of the said burgh, lands, liberties, privileges, offices and jurisdiction of sheriffship and others respectively, particularly and generally above-specified, freely, quietly, well and in peace without any impediment or interruption to be made to them therein in any sort, according to the foresaid infeftments and other rights, liberties and privileges foresaid granted and pertaining to the said burgh of Dumbarton in all points. And his majesty and estates of parliament hereby discharge all other sheriffs and their deputes and officers and other persons whatsoever from any troubling, stopping, molesting or impeding of the said burgh, provost, bailies, council and community thereof present and to come of any of the liberties, privileges, offices and others respectively foresaid within the said burgh, liberty and territory thereof, either by sea or land, in any time coming, according to their rights and infeftments foresaid as said is, and ordain letters of publication, concurrence and other executors needful to be directed hereupon in the appropriate form.
[1641/8/299]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves in favour of Sir Alexander Swinton, now of that Ilk, a charter granted by his highness's dearest father of worthy memory, King James VI, to the late Robert Swinton of that Ilk and his heirs specified therein of the lands and lordship of Swinton, Meikle and Little Swinton, with houses, buildings, yards, orchards, tofts, crofts, mills, woods, annexes, connexes and kirk lands of the same, all and whole the lands of Cranshaws, with advocation, donation and right of patronage of the kirk of Cranshaws, all united in one barony, with the liberties and privileges contained therein, of the date 26 June 1598, with the sasine following thereupon; together also with a ratification and approbation thereof contained in a disposition made by John Stewart of Coldingham, Francis Stewart, eldest lawful son to the late Francis [Stewart], sometime earl of Bothwell, Harry Stewart, his brother, the late Alexander Cranston of Murieston, Robert Douglas of Blackerston, for himself and as father, tutor and administrator of the law to Elizabeth and the late Grissell Douglas, his daughters, and taking the burden upon him for them of and concerning the superiority of Meikle and Little Swinton and kirk lands thereof in favour of the late John Swinton of that Ilk and his heirs, of the date 24 and 11 days of March and April 1632; together likewise with a decreet of valuation before the commissioners for surrenders and teinds, of the date 29 July 1635, whereby the said commissioners have ratified and approved the process and decreet of valuation given and pronounced by the sub-commissioners of the presbytery of Chirnside, valuing the parsonage teinds of the lands and barony of Swinton, extending to 114 husband lands, to three bolls victual each husband land, two part oats and third part barley of constant rent in common years yearly, and the vicarage teinds of each one of the same husband lands to 10s money yearly; and also the said commissioners for surrenders and teinds determined and ordained the foresaid three bolls of victual and 10s money to stand, continue and endure and to be reputed and held the just, true and constant yearly worth and value of the teinds, parsonage and vicarage respectively, of each husband land of the said 114 husband lands of the barony of Swinton in common years in all time coming, deducting always a fifth part thereof for his majesty's ease, according to the act of parliament, as the said decreet of valuation in the self at more length purports and bears, in all and sundry heads, articles, clauses, circumstances and conditions of the foresaid charter, with the sasine following thereupon, ratification and decreet of valuation respectively above-mentioned; and ordains this ratification to be as valid and sufficient as if the whole tenors and contents of the same charter, sasine, ratification and decreet of valuation respectively foresaid were all inserted at length and word for word herein, albeit the same be not so done; concerning which our said sovereign lord and estates of parliament dispense for ever. And also our sovereign lord and estates of parliament will and declare that the foresaid charter, sasine, ratification and decreet of valuation above-mentioned, and this present ratification thereof, are and shall be sufficient and valid rights to the said Sir Alexander Swinton, now of that Ilk, and to the heirs and successors of the said late Robert Swinton of that Ilk, for holding and possessing of the foresaid lands and lordship of Swinton, Meikle and Little Swinton, and teinds thereof respectively above-specified, with houses, buildings, yards, mills, woods and kirk lands of the same, and all and whole the said lands of Cranshaws, with the advocation, donation and right of patronage of the kirk of Cranshaws, all united in one barony according to the tenor of the said charter, sasine following thereupon, ratification and approbation thereof contained in the said disposition and decreet of valuation respectively above-mentioned in all points, without any question or contradiction to be made to them relating thereto.
[1641/8/300]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the special advice and consent of the estates of this present parliament, has ratified, approved and confirmed, likewise his majesty, with advice and consent of the said estates, ratifies, approves and confirms, in favour of his majesty's trusty cousin George, lord Forrester of Corstorphine, the contract and appointment of the date 16 October and 14 November 1636, passed between our said sovereign lord the king's majesty, with advice and consent of his highness's right trusty cousin and councillor John [Stewart], earl of Traquair, lord Linton and Caberston, his majesty's principal treasurer, comptroller, collector and treasurer of his majesty's new augmentations of this kingdom of Scotland for the time, as also of the other lords commissioners of his majesty's exchequer, having power over his majesty's affairs, according to the commission granted by his majesty relating thereto, on the one part, and Sir William Ross of Murieston, knight, with consent of the said George, lord Forrester, and the said George, lord Forrester, for himself, on the other part; whereby his majesty gave, granted and conveyed and in feu ferm demitted to the said George, lord Forrester, his heirs and assignees whatsoever heritably for payment of the feu ferm contained therein all and whole the lands of Torhead and Torwoodhead, the lands of Kingsyidmure, with the tower, fortalice, mansion, houses, buildings, yards, orchards, tofts, crofts of the same and with parts, pendicles and pertinents thereof following, namely: the lands of Lichtax, Kingissyde, Wellbulyeroun, Blaikeland, the lands called Old Ward, the lands of Coikeboige, Coikemure and Waules, the lands called Netherhill, which lands are parts, pendicles and pertinents of the said lands of Kingsydmure; as also, with consent foresaid, his majesty suppressed the name and office of forestry of Torwood and gave, granted and conveyed to the said George, lord Forrester and his foresaids all and whole the said forest of Torwood, ground and lands whereon the same grows, with the whole grass and growing trees thereof, whole benefit and commodity of the said wood, ground and lands thereof, as well above as under the earth, and especially all and whole that mansion or dwelling called Forrester's mansion, with houses, buildings, yards, orchards, tofts, crofts and pertinents thereof, the lands called Forresterhill, Newwaird and Rowandis Ward, the lands called Lintyairdis, the lands called Whytfaild, the lands called Old Moss and Gartukie, Little Meadow, Preishe† Meadow, Braidboigmidow, Thornelie Meadow, the lands of Blairlochie and Grayes Mailleing, the lands called Corneblaires, with all trees growing, cut or to grow or be cut therein, with the grass of the said whole forest and other commodities pertaining and belonging thereto, with the forest corn of Bothkenner, namely: out of every oxengate of land therein, a firlot and half firlot of oats, all lying within the sheriffdom of Stirling, as in the said contract in the books of exchequer at length is contained; together also with the charter granted under his majesty's great seal, of the date at Hampton Court, 1 December 1636, whereby his majesty has conveyed the lands and others underwritten and above-written to the said George, lord Forrester, and has of new in feu ferm demitted heritably and confirmed to him the said lands of Torhead and Torwoodhead, office of forestries and others particularly and generally above-written and has united the same in a whole and free barony called the barony of Torwoodhead, and dispensing with a sasine to be taken thereat, to be held of his majesty in feu ferm for payment of the feu duty contained therein, together with the precept and instrument of sasine following thereupon, with all former contracts, alienations, dispositions, procuratories and instruments of resignation, charters, precepts and instruments of sasine made and granted either in favour of the said Sir William Ross or in favour of the said George, lord Forrester in the whole heads, articles, clauses, circumstances and conditions thereof. And further, his majesty, with advice and consent of the said estates of parliament, decrees and declares this present ratification to be as good, valid and effectual to the said George, lord Forrester and his foresaids as if the said contracts, charters, precepts of sasine, procuratories and instruments of resignations, confirmations, instruments of sasine and other rights made and granted to the said Sir William Ross and the said George, lord Forrester and their authors were at length inserted herein word for word, and to be good and lawful grounds and rights to the said George, lord Forrester and his foresaids for possessing of the lands, offices and others above-written contained in the said contracts and other rights foresaid in all time coming by virtue of the said rights and this present ratification of parliament granted thereupon after the form and tenor thereof in all points.
[1641/8/301]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the charter and infeftment, with the new gift therein contained, precept and instrument of sasine following thereupon, made, given and granted by his majesty under his highness's great seal, with advice and consent of his majesty's treasurer principal and depute, and other lords commissioners of his highness's exchequer of the kingdom of Scotland, of the date at Edinburgh, 25 March 1635, to and in favour of his majesty's beloved Sir William Douglas of Glenbervie, knight baronet, his male heirs and assignees whatsoever heritably, of all and whole the lands and barony of Glenbervie, comprehending the particular towns, lands, mills, multures, fishings, markets, fairs and others particularly and generally mentioned and contained in the said charter and infeftment, to be held of our said sovereign lord and his highness's successors in fee heritage and free barony with privilege of free forest, as in the said charter of the date foresaid, containing sundry other clauses and conditions, at more length is contained, in all and sundry heads, articles, clauses, conditions and circumstances contained in the said charter and infeftment, precept and instrument of sasine following thereupon. Moreover, our said sovereign lord and estates foresaid will and grant and, by this ratification, decree and ordain that the said ratification and confirmation is and shall be of as great value, force, strength and effect to the said Sir William Douglas of Glenbervie, knight baronet, his male heirs and assignees foresaid, as if the said charter, infeftment, precept and instrument of sasine following thereupon were at length word by word inserted and engrossed herein, and in this said act of parliament following hereupon, concerning which, and with all other objections and imperfections that may be proposed or alleged against the validity of the said charter and infeftment, precept and instrument of sasine following thereupon, our said sovereign lord and estates foresaid have dispensed and, by this ratification, dispense for ever.
[1641/8/302]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve to and in favour of the provost, bailies, burgesses and community of the burgh of Renfrew and their successors, provost, bailies, council and community thereof, a charter of confirmation containing a new disposition granted by the late King James VI of blessed memory to and in favour of the provost, bailies, council and community of the said burgh of Renfrew, whereby his majesty ratified and confirmed to them all and sundry charters, infeftments, precepts, instruments of sasines, confirmations, acts, decreets and sentences, with all donations, privileges, liberties and immunities contained therein made, given, granted or confirmed by the said late King James VI, or his most noble progenitors, to the said burgh of Renfrew and inhabitants thereof, whatsoever tenor or tenors, content or contents, date or dates the same be, and specially (not excluding the generality foresaid) ratifying and confirming to them a charter granted by the late Robert [I], king of Scots, of most worthy memory to the burgesses and community of the said burgh of Renfrew and their successors of all and whole the whole fishings of the water of Clyde, pertaining to the said burgh by law and custom, according to the old meiths and marches thereof, together with the ferms of the said burgh and small customs and tolls of the same whatsoever, as well within the said burgh as outwith the same, within the whole barony of Renfrew, with mill, multures and sequels of the same, with courts and profits thereof whatsoever; as also granting to the said burgesses and their successors that no market thereafter be held within the said barony of Renfrew but in the market of the said burgh under the pain of forfeiture; as also granting to them and their successors that they and their successors be as free and exempt in time coming from all tolls and small customs as any other burgh within the kingdom of Scotland, as in the said charter granted by the said late King Robert of the date at Linlithgow, 10 November [1313], and of his majesty's reign the eighth year, at more length is contained. And also a charter and foundation given and granted by the said late King James VI, with advice and consent of the late James [Douglas], earl of Morton, regent for the kingdom of Scotland and subjects thereof for the time, to the said bailies, council and community of the said burgh of Renfrew and their successors for ever, of all and sundry lands, tenements, buildings, chapels, houses, yards and annualrents whatsoever pertaining to whatsoever chaplainries, kirks and altarages underwritten, founded within the liberty of the said burgh and pertaining thereto, namely: the altarage of St Marie pertaining to Sir William Jackson, possessor thereof for the time, the altarage of St Christopher, of old possessed by the late Sir Thomas Robertson, the altarage of St Ninian and Andrew, of old possessed by Sir Matthew Knox, the altarage of St Bartholomew, of old possessed by the late Sir Harry Hall, the chaplainries and altarages of St Thomas, of old possessed by the late Sir Robert Oystler, and another of the said St Thomas possessed of old by Sir David Neil, and the chaplainry of St Marie, of old possessed by the late Sir Thomas Robertson, together with the obit silver† of the said burgh, extending yearly to the sum of 40s, and also all and whole the chaplainry called Our Lady's Chapel within the said burgh, with the whole ground, yard and pertinents of the same, as in the said charter granted by King James VI, with consent of his said regent, of the date 5 February 1575 at more length is contained. Together with all and sundry other charters, infeftments, donations, privileges, immunities, sentences, decreets and other writs and evidents whatsoever, granted by the said late King James VI and his most noble progenitors to the said provost, bailies, council and community of the said burgh of Renfrew or their predecessors or successors or in their favour concerning the erection of a royal burgh, with all rights and privileges belonging thereto by the law and custom of the said kingdom of the said lands, annualrents and others above-written, with the pertinents, and also of new gave and granted to them and their successors their said burgh with the whole liberties, privileges and others thereof above-written, with the pertinents, together also with diverse and sundry other liberties, privileges and immunities particularly set down in the said charter of confirmation containing the said clause of novodamus, given under his majesty's great seal at Edinburgh, 11 August 1614, as the same in the self at more length purports, in all and sundry the heads, points, 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, decree and ordain that this present ratification is and shall be as valid and sufficient and of as great strength, force and effect to the said provost, bailies, council, burgesses and inhabitants, community of the said burgh of Renfrew and their successors, for possessing of the said burgh, whole customs, lands, tenements, houses, muirs, fishing, annualrents, fruits, rents, emoluments and duties whatsoever, specially and generally above-written, and of the altarages, prebendaries and chaplainries foresaid, and the said power, liberty and jurisdiction of his highness's public ways and gates without and about the said burgh of Renfrew and within the bounds foresaid and liberties foresaid and others contained in the said charter of confirmation above-written, as if the same whole charter was at length and specially engrossed word for word in this present ratification, notwithstanding that the same be not so done; concerning which, and with all other defects, imperfections and objections whatsoever which may be proposed or alleged against the said charter and validity of the same or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and, by this ratification, dispense for ever.
[1641/8/303]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament have ratified and approved and, by the tenor hereof, ratify and approve the charter and infeftment granted by his majesty's most noble progenitors King [...] of happy and blessed memory to the provost, bailies, council and community of the burgh of Montrose of the same burgh, lands, community and others specified therein, and of the freedoms, liberties, privileges, immunities and others mentioned and expressed therein, which is of the date the [...] day of [...] years, together with the precept and instrument of sasine following thereupon, and all and sundry other charters, infeftments, precepts, instruments of sasine, ratifications and other evidents and writs, rights, titles and securities whatsoever granted and made by his majesty or any other of his majesty's most noble progenitors to the said provost, bailies, council and community of the said burgh of Montrose of the same burgh, lands, commonties, freedoms, liberties, privileges and immunities particularly and generally mentioned in the said charter and infeftments, and others thereto pertaining and belonging, of whatsoever date or dates, tenor or contents the same be of, in the whole heads, articles, clauses, circumstances and conditions of the same; and will, grant and declare this present general ratification and approbation thereof is and shall be as valid, effectual and sufficient to the said provost, bailies, council and community and their successors as if the same charters, infeftments, precepts, instruments of sasine, ratifications and other evidents and writs particularly and generally foresaid, and every one of them, were at length word by word engrossed and set down herein, regarding which, and all faults and imperfections thereof or that may be proposed or alleged against the validity of the same, or this present general ratification or approbation thereof, his majesty and estates foresaid have dispensed and, by this ratification, dispense for ever.
[1641/8/304]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament now presently convened ratify, approve and perpetually confirm to the provost, bailies, council and community of the burgh of Dundee and their successors all and whole that gift and patent made and granted to them of and concerning the ratification of all their former rights, donations, privileges and liberties granted to them by his majesty's most noble progenitors, and containing therein a gift of novodamus of their burgh and whole privileges and immunities thereof, and making and constituting the said provost, bailies and council of the said burgh and their successors sheriffs within themselves, and conveying to them £4 Scots money of all wine vented and run within the said burgh, as the said letters, patents and gift in themselves, of the date at Holyroodhouse, 14 September 1641, more amply bears. And also ratify, approve and perpetually confirm to the said provost, bailies, council and community of the said burgh of Dundee and their successors the gift and grant given to them by his majesty of the patronage and tithes of the parish of Longforgan for maintenance of their ministry and other pious works, as the said gift, dated at Holyroodhouse, the said 14 September last and year of God foresaid bears, in all their heads, clauses and articles thereof, according to the tenor of the same. And declare the generality of this present ratification to be as valid, effectual and sufficient in all things as if the tenors of the foresaid gifts were particularly word for word herein inserted, with the generality whereof his majesty and estates foresaid have dispensed and by this ratification dispense for ever.
[1641/8/305]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the estates of this present parliament, has ratified and approved, and by this ratification, for his majesty and his successors, ratifies and approves the charter and infeftment made and granted by our said sovereign lord, under his majesty's great seal of the kingdom of Scotland, to his highness's right trusty cousin, William, earl of Lothian, lord Newbattle, his male heirs and of tailzie contained therein, of all and whole the messuage and manor place of Newbattle, with houses, parks and others specified in the said infeftment belonging thereto, and of all and whole the lands of Easthouses and Westhouses and certain other lands, mills, coal pits, patronages of kirks and others specified in the said infeftment, lying within the barony of Newbattle and sheriffdom of Edinburgh, and of the lands and barony of Langnewton, and of certain other lands, baronies, mills, woods, fishings, advocations, donations, rights of patronage, burghs of baronies, specially and generally designed and mentioned in the said infeftment, all erected and incorporated in a whole and free earldom, lordship and barony called the earldom of Lothian, lordship and barony of Newbattle, to be held of our sovereign lord in manner specified in the said infeftment, as in the same of the date at Newmarket in England, 1 March 1634 at more length is contained, together with the precept of sasine following thereupon of the date of the said charter, together with the instrument of sasine given according thereto, dated 5 April 1634; together also with a contract and appointment made between his majesty's right trusty cousin and councillor Thomas [Hamilton], earl of Haddington, lord Binning and Byres on the one part, and the said William, earl of Lothian on the other part, of the date the [...] day of [...] 163[...], whereby the said Thomas, earl of Haddington, has sold and conveyed to the said William, earl of Lothian, his male heirs and of tailzie contained therein, all and sundry the lands, lordship and barony of Jedburgh containing and comprehending therein the lands, baronies, mills, woods, fishings, teinds and others specified therein united thereto, as in the said contract at length is contained, together likewise with the charter and infeftment made and granted by his majesty under the great seal of the said kingdom to the said Thomas, earl of Haddington, of the said lordship and barony of Jedburgh, teinds and others united thereto, of the date the [...] day of [...] 16[...], with the precept of sasine following thereupon of the same date and instrument of sasine given according thereto, of the date the [...] day of [...] 16[...], in all and sundry heads, points, clauses, articles and condition contained therein and every one of the same respectively after the forms and tenors thereof. And wills and grants that this present ratification thereof in manner foresaid shall be as effectual and sufficient as if the same were inserted herein at length, and declares the foresaid infeftments, sasines and contract above-written to be good, lawful and sufficient rights and securities to the said William, earl of Lothian and his foresaids for possessing and enjoying the lands, baronies, teinds and others contained in the same according to the tenors thereof in all points as said is.
[1641/8/306]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the estates of parliament, has ratified and approved and, by this legislation, ratifies and approves the infeftment made and granted by his majesty to his highness's right trusty cousin and councillor William, earl of Lothian, lord Kerr of Newbattle, and to his male heirs and of tailzie specified therein, of the date the [...] day of [...], of all and sundry the teinds, parsonage and vicarage, of the town and lands of Nenthorn lying in manner contained in the said infeftment, to be held blench of his majesty and his highness's successors for yearly payment of one penny, and for payment to the minister of the kirk of Nenthorn and his successor ministers thereat of the duty mentioned therein, as the said infeftment amply purports in all and sundry heads, points and clauses thereof according to the tenor of the same. And wills and grants that the said infeftment and this present ratification thereof are and shall be good and undoubted rights for possessing and enjoying of the teinds of the said lands in all time coming.
[1641/8/307]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent 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 highness's late dearest father, under his highness's great seal, of the date 30 March 1619, to his highness's beloved Sir Alexander Foulis, fiar of Colinton, knight, designed by the said charter Alexander Foulis, son lawful and apparent heir to Sir James Foulis of Colinton, knight, who is now deceased, and Dame Elizabeth Hepburn, younger, widow of the late Sir John Stewart of Ardmaleish, knight, sheriff of Bute, and then future and now present spouse to the said Sir Alexander, and to the longest liver of the two, in conjunct fee, and to the male heirs then lawfully to have been procreated between them, which failing to the said Sir Alexander, his male heirs and assignees whatsoever, of all and whole the lands and barony of Colinton lying within the sheriffdom of Edinburgh, comprehending all and sundry the lands, annualrent, teinds, teind sheaves, as well parsonage as vicarage, of the lands of Colinton and Oxgangs and vicarage of Hailes, and of all and sundry the teind sheaves of the town and lands of Craiglockhart, with mills, as well corn mills as waulk mills, and all others mentioned and contained in the said charter; as likewise another charter made and granted by his majesty, with advice and consent of his highness's treasurer, comptroller and collector general of his majesty's new augmentations and others expressed therein to the said late Sir James Foulis of Colinton, knight, in liferent for all the days of his lifetime, and to the said Sir Alexander Foulis, younger, of Colinton, his eldest son, his heirs and assignees whatsoever heritably of all and sundry the teind sheaves of all and sundry the town and lands of Craiglockhart, with tofts, crofts, outsets, parts, pendicles, and pertinents thereof, of old united to the parish of St Cuthbert's and now to the parish of Hailes, within the sheriffdom of Edinburgh, which charter is of the date 31 July 1633; as also a letter of disposition made and granted by a noble and potent earl John [Stewart], earl of Traquair, lord Linton and Caberston, high treasurer, comptroller and treasurer of his majesty's new augmentations, with advice of certain commissioners appointed by his majesty, subscribers of the said disposition, to the said Sir Alexander Foulis of Colinton, his heirs and assignees, of all and sundry the annuities due to his majesty in any manner of way out of the teinds of the lands of Colinton, with the four acres of land belonging to the corn mill thereof, the brae lying to the waulk mill of the same estimated to an acre of land, lands of Oxgangs and Beales†, portion of Bonaly, lands of Dreghorn, that part of the lands of Swanston and lands of Craiglockhart, all lying with the said parish of Hailes and sheriffdom of Edinburgh, and that as well of all years and crops then bygone as in all time coming thereafter, which disposition is of the date at Edinburgh, 29 July 1636, registered in the books of exchequer upon 20 July; and in like manner an act of secret council of the date 3 July 1634, whereby the lords of secret council have found and declared the benefice of the preceptory of St Anthony's to have been of long time bygone and to be in all time coming suppressed and extinct, and have ordained the gift of the said preceptory granted by his majesty to Master William Wishart, then parson of Restalrig, with the signature and warrant thereof to be cancelled and deleted out of the register wherein the same is inserted, and that no gift of the said preceptory be granted or passed to or in favour of any person whatsoever in time thereafter in manner and for the cause expressed in the said act, as in the said two charters, letter of disposition and act of council respectively at more length is contained, in all and sundry heads, articles and clauses thereof whatsoever, and all that has followed or may follow thereupon. Moreover, our said sovereign lord, with advice and consent foresaid, decrees and ordains that the foresaid rights and securities now ratified and approved shall be good and valid rights to the said Sir Alexander Foulis and Dame Elizabeth Hepburn, his spouse, and to their heirs, assignees and successors whatsoever, for possessing and enjoying of the lands, teinds, mills, multures and others mentioned therein at their pleasure perpetually and in all time coming according to the said rights hereby ratified in all points, and declares this present ratification thereof to be as sufficient as if the same were word by word inserted herein; concerning which, our said sovereign, with consent of the estates of parliament, has dispensed and hereby dispenses for ever.
[1641/8/308]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and, by this legislation, ratify and approve the charter of confirmation granted by his highness's late dearest father of eternal memory, with consent of the treasurer, treasurer depute and other lords of exchequer, confirming at length a charter granted by John Arnott of Woodmill, with consent of Elizabeth Aytoun, his spouse, to the late Sir John Arnott of Berswick, provost of Edinburgh, his heirs and assignees, of all and whole the lands of Woodmill, with the pertinents after-specified, namely: the manor place and mains of Woodmill, the mill thereof with the acres of the same, the lands of Eastwood, Westwood and Weddersbie Bank, and the sunny half of the lands called Freeland, with woods thereof and lochs called Black Loch and Braid Loch, alias the Loch of Lindores, with the fishings thereof and eel arcts† in the burns descending from the said lochs, with the dovecots and all their pertinents, lying within the lordship of Fife and sheriffdom thereof; and the said confirmation containing a new gift granted by his highness's said late dearest father, with consent foresaid, to the said late Sir John Arnott and his foresaids of the lands and others above-specified, of the date 29 December 1614, together with the precept and instrument of sasine following thereupon, and precept and sasine granted to John Arnott, now of Woodmill, as grandchild and heir of the said late Sir John Arnott of the lands and others above-specified, and all other infeftments, evidents, rights and securities made to the said John Arnott, his predecessors and authors of and concerning the lands and others above-written, with the pertinents, of whatsoever dates, tenors or contents the same be of, in all and sundry heads, clauses, articles and conditions contained therein after the forms and tenors thereof.
[1641/8/309]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of parliament, considering that his majesty by his letter and patent granted by his majesty under his highness's great seal, of the date at Berwick, 24 July 1639, has restored and rehabilitated the family of Ruthven of Ballindean and such as shall descend therefrom in time coming bearing the surname of Ruthven to their surname of Ruthven, and has ordained that it shall be permissible to them, their bairns and posterity to enjoy and assume to themselves the said surname of Ruthven and to use the said name in the same manner as if the act of parliament made in the parliament held at Edinburgh in November 1600 regarding the abolishing of the surname of Ruthven had never been made against them, as the said letter and patent at length purport, which letter and patent our sovereign lord, with advice and consent of his three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves in all and sundry heads, articles, clauses and conditions of the same. And further, his majesty, with consent foresaid, decrees and ordains the family and name thereof of Ruthven present, their posterity and successors of their name in all time coming, bearing and who shall bear the said surname of Ruthven, to be restored and rehabilitated against the said act of parliament, and statutes and ordains that it shall be permissible to them in all time coming to assume, keep and use the said name and surname in all writs, subscriptions, citations, proclamations at all times and occasions whatsoever, as freely in all respects as if the said act of parliament had never been made; regarding which, and all pain that can follow thereupon, his majesty and estates of parliament have dispensed and, by this ratification, dispense for ever. Moreover our sovereign lord, with advice and consent of his three estates of parliament, by the tenor hereof, rescinds the said act of parliament in so far as the same may be extended against the said name and surname of Ruthven, or may be in any way hurtful or prejudicial thereto or to the dignities, privileges and prerogatives of the said name and surname of Ruthven.
[1641/8/310]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm to and in favour of the provost, bailies, council, burgesses and community of the burgh of Linlithgow and their successors, the charters, infeftments and other gifts and rights after-mentioned, namely: a charter made and granted by the late King James V, of worthy memory, in his majority to the provost, bailies, council and community of the said burgh of Linlithgow then present and that should happen to be for the time, giving them full power, liberty and commission and special licence to elect, have and hold yearly within the said burgh in all time coming a provost, and making the provost and bailies of the said burgh and their successors sheriffs of Linlithgow within the said burgh, liberty and territory of the same perpetually in all time coming with ample powers and liberties to the said provost and bailies of Linlithgow and their successors regarding the said office of sheriffship, using and exercising thereof within the bounds foresaid, to be held of his majesty and his highness's successors in fee and heritage in manner specified in the said charter, of the date at Falkland, 31 August 1540. Item, another charter made, given and granted by our sovereign lord's dearest father the late King James VI, of worthy memory, with advice of the lords of his highness's secret council and comptrollers for the time, to the provost, bailies, council, community, burgesses and inhabitants of the said burgh of Linlithgow and their successors of all and sundry his highness's small customs of whatsoever markets or fairs erected or to be erected by his highness or his successors within the bounds of the sheriffdom of Linlithgow, as well of lands lying therein and annexed to other sheriffdoms and regalities as unannexed, to be held of our sovereign lord and his highness's successors forever for yearly payment of the sum of 5s sterling money only to be paid yearly thereafter in his highness's exchequer accounts with the burgh mails of the said burgh in manner specified in the said charter under the great seal, of the date at Holyroodhouse, 1 December 1601. Item, a third charter made, given and granted by his majesty's said late dearest father King James VI of worthy memory to the said provost, bailies, council and community of the said burgh of Linlithgow and their successors of all and sundry lands, tenements, houses, fruits, rents, emoluments and duties whatsoever, of all altarages, chaplainries and prebendaries endowed and founded by whatsoever persons as well within the said burgh as without the same wherever the same lie within this realm, and specially the annualrents and duties whatsoever endowed and founded to the altarages after-specified within the parish kirk of Linlithgow, namely: an annualrent or light duty of St Michael, an annualrent of the altar of the holy cross, an annualrent of the altar of the blessed virgin Mary, an annualrent of the altar of St John the Baptist, an annualrent of the first altar founded by the late Robert Beiges in honour of the blessed virgin Mary, an annualrent of the second altar of St Anne founded by the said late Robert, the annualrent of the third altar of St Bride founded by the said late Robert, an annualrent of the altar of All Saints, an annualrent of the altar of St Catherine, an annualrent of the altar of St Peter, an annualrent of the altar of St Andrew, an annualrent of the altar of the body of Christ, an annualrent of the altar of St Ninian, an annualrent of the altar of the holy trinity, and all other altarages, chaplainries or prebendaries whatsoever, as well within the said burgh as without the same, endowed and founded with full power to the said provost, bailies, council and community and their successors to receive and take up all and sundry the said rents, emoluments, profits and duties whatsoever pertaining and belonging to the said lands, tenements, houses, altarages, chaplainries or prebendaries, and which were usually paid to the chaplains or prebendaries thereof at any time bygone, as well within the said burgh as outwith the same, and to apply and convert the said annualrents, rents, profits and duties to a necessary use and sustentation of the reader at the said kirk of Linlithgow, and for the help of the poor of the hospital of the said burgh, to the which use the same is granted by the said charter to be held of our sovereign lord and his highness's successors in manner specified in the said charter under the great seal of the date 8 May 1591. Item, a fourth charter made, given and granted by our sovereign lord the king's majesty that now reigns, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute, and of the other lords of exchequer, his highness's commissioners within this kingdom, to the provost, bailies, council and community of the said burgh of Linlithgow and their successors of the like and the same power, liberty and jurisdiction as they have within the burgh of Linlithgow and that within all his highness's public ways, gates and passages outwith the west port of the said burgh to the bridge of Avon westward, and also round about the said burgh everywhere, by all other parts within the said public gates and ways by the space of a mile, and of the full and absolute jurisdiction of all fairs and markets to be held in all parts and places outwith and about the said burgh and within the bounds foresaid, with ample power to the said provost, bailies, council and community of the said burgh and their foresaids regarding the said power, liberty and jurisdiction, using and exercising thereof in manner mentioned in the said charter, to be held of our sovereign lord and his highness's successors for yearly payment of the sum of 6s 8d Scots money in name of burgh mail, and making account thereof yearly in his highness's exchequer, as they shall be required in manner specified in the said charter under the great seal, of the date 11 July 1633. Together likewise with a charter of confirmation granted by the king's late dearest father of worthy memory, dated 24 May 1593, to and in favour of the provost, bailies, council, burgesses and community of the said burgh of Linlithgow, confirming a charter granted to them by Robert, king of Scots, of the date 23 October, and of his reign 38† years of the said burgh and of the port of Blackness, small customs, tolls and others contained in the said charter, with another charter, dated 11 January 1451, granted by [James II], the king's majesty for the time, to the said burgh, making them free of all customs of salt, schorling† and others specified in the said charter. Item, a disposition granted by Ludovic [Stewart], duke of Lennox, with consent of his friends and councillors to the said burgh of Linlithgow, of the annuals, mails and duties pertaining to the priory of St Andrews and due to them out of the tenements and lands within the said burgh held of the said priory, containing also a bailiary, therein dated 28 December 1595, and another disposition granted in favour of the said provost, bailies, council and community of Linlithgow and their successors by James [Sandilands], lord Torphichen and Robert Hamilton of Bathgate, with consent of James Tennant of Lenhouse and Master Robert Williamson, writer of the temple lands and temple tenements mentioned in the said disposition, containing a bailiary therein, which disposition is dated 4 June 1604, as the foresaid whole charter, dispositions and rights respectively above-mentioned more fully purport, together also with the precepts and instruments of sasine following upon the foresaid charters, with the whole other rights and securities granted to the said burgh of Linlithgow, with liberties, privileges and others specified therein in all and sundry the heads, points, clauses, articles, circumstances and conditions mentioned and contained in the foresaid charters, dispositions and other rights respectively, generally and particularly before rehearsed, 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 is and shall be as valid and sufficient and of as great strength, force and effect to the said provosts, bailies, council, burgesses, inhabitants and community of the said burgh of Linlithgow and their successors for possessing of the said office of sheriffship, small customs, lands, tenements, houses, annualrents, fruits, rents, emoluments and duties whatsoever specially and generally above-written of the altarages, chaplainries and prebendaries foresaid and the said power, liberty and jurisdiction of his highness's said public ways and gates outwith and about the said burgh of Linlithgow, and within the bounds foresaid and liberties thereof, and others contained in the said charters and other rights foresaid, as if the same and every one of them were at length specially engrossed and inserted word for word in this present ratification, notwithstanding that the same be not so done; concerning which, and with all other defects, imperfections and objections whatsoever which may be proposed or alleged against the said charters and other rights foresaid and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and, by this ratification, dispense for now and ever.
[1641/8/311]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates of parliament now presently convened, ratifies and approves a decreet arbitral pronounced by us between the late Walter, earl of Buccleuch, and Francis Stewart, eldest lawful son to the late Francis [Stewart], sometime earl of Bothwell, touching the forfeiture of the Earl of Bothwell and benefit thereof established in the person of the late Earl of Buccleuch or his predecessors containing this clause: that either of them shall do what shall be thought fit in law and in their power to perform for securing of the other of that which we appoint to be done, as the said decreet arbitral, of the date at Oatlands, 8 August 1631, at more length purports; together with the articles signed by us and both parties at St James's, made for explaining of the said decreet†, willing and declaring that this present ratification shall be as valid and sufficient as if the whole tenors and contents of the said decreet arbitral, articles and explanations were herein inserted.
[1641/8/312]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the infeftment and new gift, with the liberties and privileges contained therein, made and granted by his majesty, with advice and consent of his highness's right trusty cousins and councillors, the treasurers principal and depute, and of the other lords of exchequer, under his highness's great seal, to John Moodie, writer to his majesty's signet, his heirs and assignees whatsoever heritably and irredeemably, of all and whole that tenement of land, back and fore, under and above, built and waste, with close, yard and pertinents of the same lying within the town of Leith upon the south side of the water thereof, between the king's common high street upon the east and north parts, the wynd called of old Janet Redhead's Wynd upon the west, and the tenement of land sometime pertaining to the late Alexander Bartane on the south parts, to be held of our said sovereign lord and his highness's successors in feu ferm, fee and heritage forever, for the yearly payment to our said sovereign lord and his highness's successors of the sum of 10 merks and 2s usual money of this realm of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of feu ferm, as also the heirs of the said John Moodie doubling the said feu ferm the first year of their entry to the said tenement of land, close and yard with the pertinents as is usual of feu ferm only, which charter is of the date at Glasgow, 20 November 1638, together with the precept and instrument of sasine following thereupon in all and sundry heads, articles, clauses and conditions contained therein after the form and tenor of the same in all points. And wills and declares that this present ratification shall be as valid, effectual and sufficient to the said John Moodie and his foresaids as if the infeftment above-written, precept and instrument of sasine following thereupon were at length word by word inserted herein, concerning which his majesty, with advice and consent of the estates foresaid, dispenses for ever.
[1641/8/313]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this realm convened in this present parliament, ratifies and, by the tenor of the said act, approves and confirms the letter of gift granted under his majesty's privy seal, of the date at Holyroodhouse, 7 July 1632, whereby there is granted and conveyed to the said present ministers of the kirk of Holyroodhouse, and to the elders and deacons of the session thereof, and to their successor elders, deacons and ministers thereof for the time, all and whole the small impost of all wines which have been vented and sold within the burgh of Canongate since 4 January 1630, and which shall happen to be vented and sold within the said burgh in any time coming, extending to £4 money of each tun to be taken up by them and their successors perpetually in all time coming, in the same way and as freely as is uplifted by the burgh of Edinburgh, town of Leith or any others to whom the same was granted by his majesty's late dearest father of happy memory to be employed by the ministers of the said kirk of Holyroodhouse, elders and deacons of the session thereof present and who shall happen to be for the time for maintenance of the second minister at the said kirk and other pious uses, with power therein to the said ministers of the said kirk of Holyroodhouse, elders and deacons of the session thereof and their successors present and who shall happen to be for the time, by themselves, their servants, factors and others in their names to ask, crave, receive, intromit with and take up the said small impost of all wines which have been vented and sold within the said burgh of the Canongate since the said 4 January 1630, and which shall happen to be vented and sold within the said burgh in any time coming extending as said is, to be employed by them in manner above-mentioned perpetually in all time coming, and if need be to call, follow, charge and pursue thereof according to the law, as in the said letter of gift at more length is contained, in the whole heads, articles, clauses, circumstances and conditions thereof. And our said sovereign lord, with advice of the estates, declares the said gift and ratification made thereof in this present parliament to be a sufficient ground and right to the said ministers, elders and deacons for uplifting of the impost of the said wines in manner and to the use above-written.
[1641/8/314]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the three particular charters after-specified, with the tacks and valuation of teinds underwritten, namely: a charter granted by his majesty to the said John, earl of Traquair, his male heirs and assignees whatsoever of the date, under the great seal, 12 February 1639, of all and whole the eight pound land of old extent of Easter Horsburgh, alias Nether Horsburgh, of the lands called the barony of Horsburgh, with tower, fortalice, manor place, houses, buildings, yards, mills, mill lands, multures, tenants, tenancies, service of free tenants thereof, parts, pendicles and pertinents of the same; all and whole the lands of Hope Kailzie Wester, with the mill, mill lands, multures, parts, pendicles and pertinents thereof as for the principal, and in special warrandice and security thereof, all and whole the lands lying upon the east side of the burn of Drumelzier, with mill, mill lands, multures, annexes, connexes, parts, pendicles and pertinents thereof whatsoever; all and whole the lands of Easter Hope Kailzie, called Cardrona, with tower, buildings, fortalice, houses, parts, pendicles and pertinents thereof whatsoever; all and whole the ten pound land of Ormiston with the haughs thereof, called Boaremoarshauche, Dornehauche and Dorne Gait, with tower, fortalice, manor place, houses, buildings, yards, tofts, crofts, parts, pendicles and pertinents thereof; all and whole the parsonage and vicarage teinds of the kirks of Hope Kailzie, Innerleithen and Linton with the advocation, donation and right of patronage thereof; the advocation, donation and right of patronage of the kirk of Eddleston; all and whole five husband lands of the lands of Bold, extending to a five merk land of old extent, with the pertinents; all and whole the lands and barony of Manor, the lands of Henderland, Broomy Law and Brigend with the manor place of Henderland, and with all and sundry houses, buildings, yards, tofts, crofts, outsets, annexes, connexes, pasturages, parts, pendicles and pertinents thereof; all and whole the lands of Pirn, lying upon the west side of the water of Leithen, and of all and whole the kirk lands of Innerleithen, all lying within the sheriffdom of Peebles; and of all and whole the minerals of gold, silver, copper, lead, iron, tin and other minerals whatsoever within the bounds of the said lands, with the pertinents, as well pertaining to the said earl in property as in superiority held of his majesty, as also within the bounds of all other lands pertaining to him, as well held of his highness as of any other superiors, now erected in a free barony called the barony of Horsburgh, to be held of our said sovereign lord and his highness's successors in manner and for payment of the duties mentioned in the said charter, which is of the date under the great seal above-written, with the new gift, ratification and union therein specified; another charter granted by his majesty to the said John, earl of Traquair, his heirs or assignees whatsoever, of all and whole the lands of Hangingshaw, Gaitshawfeild, Panmuir, Swanlaws, Little Heuche and Nether Chatto, with all and sundry parts, pendicles and pertinents thereof, all lying within the parish of Hounam and sheriffdom of Roxburgh, to be held of his majesty and his highness's successors in manner mentioned in the said charter, which is of the date under the great seal 7 June 1633; and another charter granted by his said majesty to the said earl, his male heirs and assignees whatsoever of all and whole the kirk lands or glebe of the parish kirk of Peebles, lying within the sheriffdom of Peebles, pertaining to the vicarage thereof in manner mentioned in the said charter, reserving to the vicar of Peebles and his successors the mansion of the said vicarage, houses and yard thereof with three acres of the said kirk land for his glebe, according to the act of parliament, to be held of our said sovereign lord in feu ferm for payment of the feu duty mentioned in the said charter, which charter is of the date 26 July 1634; together with the sasines following upon the said three charters, a tack and assedation made and set by the late Walter, earl of Buccleuch, tacksman of the teinds, parsonage and vicarage, of the parish kirk and parish of St Mary's kirk in the Lowes, to the said John, earl of Traquair, his male heirs and assignees, of the date 3 August 1632, of all and sundry the teind sheaves and other teinds, both great and small, parsonage and vicarage, of the lands of Blackhouse, the half of the lands of Plora, the lands of Berrybush, the lands of Escheisteill, and the half of the lands of Fauldshope, with all their parts, pendicles and pertinents, lying within the said sheriffdom of Selkirk, for the said John, earl of Traquair's lifetime, and 19 years after his decease, for payment of the duty mentioned in the said tack, with the decreet of valuation pronounced by the commissioners of parliament for surrenders and teinds upon 15 July 1636, finding and declaring the lands underwritten pertaining heritably to the said John, earl of Traquair, namely: the lands of Blackehous, Douglascraige and Garlacleuch, the lands of Dryhope and Fernihope, the lands of Westerplora and the lands of Escheisteill to be worth in stock and teind the sum of 3,800 merks, and the lands of Berrybush and Wester Fauldshope to be worth in stock and teind 500 merks, and that to be the constant rent in common years in the whole heads, articles, clauses and conditions thereof; determining and ordaining this present general ratification to be as valid, effectual and sufficient to the said John, earl of Traquair and his foresaids as if the writs particularly above-written were at length and word by word inserted herein, concerning which his majesty, with consent foresaid, has dispensed and, by this ratification, dispenses for ever.
[1641/8/315]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the tack and assedation made, set and granted by the late Master Joseph Tennant, minister, parson and vicar of the parish kirk and parish of Bedrule, with consent of his majesty's right trusty cousin and councillor John [Stewart], earl of Traquair, lord Linton and Caberston, patron of the said benefice, to his majesty's beloved Master James Lawson of Cairnmuir, his heirs, assignees and subtenants whatsoever, of all and sundry the teind sheaves and other teinds, as well great as small, both parsonage and vicarage, of the said kirk and parish of Bedrule, fruits, rents, emoluments and duties whatsoever belonging and pertaining to the parsonage and vicarage of the said kirk, lying within the sheriffdom of Roxburgh, for all the days and space of the said Master James's lifetime and after his decease for the space of four several heirs their lifetimes, and five 19 years thereafter, and so comprehending the whole five liferents and five 19 years next, and immediately following the said Master James's entry thereto, which was to the teinds of the crop and year of 1632, for the yearly payment to be made by the said Master James, his heirs and assignees foresaid to the said late Master Joseph Tennant and his successor parsons and vicars of the said kirk, their factors and servants in their name, of the sum of 500 merks usual money of this realm between St Andrew's Day [30 November] and Candlemas [2 February] of mail and duty; and also freeing, relieving and keeping unscathed the said late Master Joseph and his successor parsons and vicars foresaid, of his highness's annuity and of all taxation, impositions and other burdens whatsoever that shall in any way be imposed or exacted out of the said kirk or rents thereof; and also mending, repairing and upholding upon their own proper expenses the choir of the said kirk during the space foresaid of the said tack, which tack is of the date 27 July 1632 and registered 28 July next in the whole heads, articles, clauses and conditions thereof. And wills and grants and decrees and ordains this present general ratification to be as valid, effectual and sufficient to the said Master James and his foresaids for possessing the said teinds for the space foresaid, as if the foresaid tack and decreet of the foresaid lords of council and session interposed thereto were at length and word by word inserted herein, concerning which his majesty, with advice and consent foresaid, has dispensed and, by this ratification, dispenses for ever.
[1641/8/316]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve to and in favour of Sir William Douglas of Cavers, knight, sheriff of Teviotdale (styled in the charter underwritten William Douglas, fiar of Cavers) and to his heirs and assignees whatsoever a charter granted by the late King James VI, under the great seal, of the date at Holyroodhouse, 31 July 1618, whereby the said late King James VI gave, granted and conveyed to the said Sir William Douglas of Cavers, then styled William Douglas, fiar of Cavers, sheriff of Roxburgh, his heirs and assignees whatsoever heritably, all and whole those five merk lands called the kirk lands of Cavers underwritten, namely: the three merk land of Cruike, one merk land of Whitriggs, called Husie, and one merk land in Cavers, called Beige, with houses, buildings, yards, parts, pendicles and pertinents thereof whatsoever, together with advocation, donation and right of patronage of the parsonage and vicarage of the parish kirk and parish of Cavers, with the teinds, fruits and rents thereof whatsoever, lying within the parish of Cavers, which five merk land and kirk of Cavers above-written, with the pertinents, of before pertained heritably to the late John [Ramsay], viscount of Haddington, lord Ramsay of Melrose and Barns, and were held by him of his majesty and his successors immediately, and as a part of the temporality, patrimony and property of the lordship of Melrose, and were by him and his procurators and letters patent lawfully resigned and given over in his majesty's hands, and the lords of his majesty's secret council, having his majesty's power and commission to receive resignations within this kingdom, as in the hands of his superior of the same, made by virtue of the act of annexation of all kirk lands of this kingdom to the crown, and by virtue of the act of parliament dissolving the said lordship of Melrose and erecting and creating the same and several lands thereof in a free and temporal lordship to be held blench of his majesty purely and simply as is usual, with all right he had thereto, in favour and for new heritable infeftment to be given and made by his majesty to the said Sir William Douglas and his foresaids, which infeftment contains a clause of novodamus and bears to be held of his majesty and his successors in feu, heritage and free blench ferm in all time thereafter by all right, meiths and marches thereof whatsoever; as also bearing in the clause of reddendo to be paid by him to his majesty of £3 10s at the feast of Whitsunday [May/June], and to the minister the sum of 500 merks money, as the same charter containing the foresaid clause of novodamus under the great seal of the date foresaid in itself at more length bears in all and sundry the heads, points, 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, decree and ordain that this present ratification is and shall be as valid and sufficient and of as great force, strength and effect to the said Sir William Douglas, his heirs and successors for possessing the said five merk lands called the kirk lands of Cavers above-designed and whole fruits, rents, emoluments and duties whatsoever above-written, with advocation and donation and right of patronage of the said parish kirk and parish of Cavers, teinds, fruits and rents thereof whatsoever and others contained in the said charter above-written, as if the same whole charter were at length specially engrossed and inserted word for word in this present ratification, notwithstanding that the same be not so done; concerning which, and with all other defects, imperfections and objections whatsoever which may be proposed or alleged against the said charter and validity of the same, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever.
[1641/8/317]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the two infeftments and charters underwritten made and granted to his beloved James Crichton of Frendraught, his male heirs and assignees, whereof the one made, given and granted by his highness's late dearest father of worthy memory, with advice and consent of the late Sir John Arnott of Berswick, knight, and of the lords of his highness's secret council of the said kingdom, his highness's commissioners, of all and whole the lands and barony of Frendraught, comprehending the lands and barony of Frendraught with the burgh of barony of Forgue and others pertaining to the said barony of Frendraught, lying within the sheriffdom of Aberdeen, and also the lands and barony of Conveth, alias Inverkeithny, lying within the sheriffdom of Banff, all and whole the lands and town of Petquhensie and Comsie, all and whole the lands and barony of Malairs and Forgandenny, lying within the sheriffdom of Perth, all and whole the temple lands of Frendraught, with the office of heritable bailiary, with the whole towers, fortalices, manor places, salmon fishings, mills, multures, advocation, donation of kirks and chaplainries, offices of bailiary and others contained therein, all united by the said charter in a barony called the barony of Frendraught, which charter is of the date 18 June 1612; and the other of the said charters granted by our sovereign lord the king's majesty himself, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute and rest of the lords commissioners to the said James Crichton and his foresaids, of all and whole the lands and barony of Kinnairdie, comprehending the said lands and barony of Kinnairdie, with the whole particular towns and lands thereof, as also all and whole the lands and barony of Netherdale, with the whole particular towns and lands of the same, all and whole the lands of Pittendreich and particular lands of the same, and all and whole the teind sheaves of the foresaid whole lands above-designed, fruits, rents and emoluments of the same lying within the parish of Aberchirder, all lying within the sheriffdom of Banff, as also all and whole the lands and barony of Fiddes, comprehending therein the particular towns, lands, mills and others mentioned in the said charter, lying within the sheriffdom of Aberdeen, all and whole the lands of Turtory, all and whole the lands of Ardfour with the mill, mill lands, multures and sequels of the same, and the two part of the lands of Auchinachie, and also all and whole the sunny third part lands of Auchnamache, with the pertinents, all lying within the sheriffdom of Banff, and all and whole the teind sheaves and other teinds, fruits, rents, emoluments and other duties whatsoever, as well parsonage and vicarage, of the parish kirk and parish of Forgue, lying within the said sheriffdom of Aberdeen, with the towers, manor places, mills, multures, salmon fishings, ferryboats, advocation and donation of kirks, chaplainries and other pertinents whatsoever, all united and annexed in a barony, to be called the foresaid barony of Kinnairdie by virtue of the foresaid charter, containing union, which is of the date 18 July 1627, with all and sundry the dispositions, procuratories and instruments of resignation whereon the said two charters and either of them proceeded, and the precepts and instruments of sasine following upon the same and either of them, of whatsoever dates, tenors or contents the same be of in all and sundry the whole points, 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, decree and ordain that this present ratification of the said two charters, dispositions, procuratories and instruments of resignation whereon the same proceeded, precepts and instruments of sasine following thereupon is and shall be as effectual and sufficient and of as great strength, force and effect to the said James Crichton of Frendraught, his male heirs and assignees foresaid for their possessing of the said whole town, lands, baronies, mills, teinds, patronages, salmon fishings, offices and others above-written therein contained heritably and perpetually in all time coming as if the same charters, dispositions, procuratories and instruments of resignation, precepts and instruments of sasine were all at length expressly word for word herein expressed and engrossed; concerning which our said sovereign lord and estates of parliament have dispensed and by this ratification dispense. Moreover his majesty and estates of parliament, perfectly understanding that the said James Crichton's charter chest and whole evidents being within his tower of Frendraught the time of the burning thereof, which was in the month of October 1630, were then burnt and destroyed, and that in a case so commonly known to the whole kingdom reason and equity requires that seeing the whole old evidents and writs of the lands and others foresaid made to the said James, his predecessors and authors were burnt and destroyed as said is, and that he has no other right nor warrant but the said two late infeftments, which by God's providence were preserved the time of the burning, not being in the charter chest in Frendraught but lying in Edinburgh, and that therefore equity and justice requires that all help and supply be made to him for his peaceable possessing of his lands, baronies, teinds and others foresaid contained in his said two infeftments, therefore his majesty and estates of parliament find and declare that the said charters and infeftments ratified as said is shall be good and valid rights to the said James Crichton and his foresaids for possessing of the said lands, baronies, teinds, patronages, mills, woods, salmon fishings and others foresaid contained in the said two charters as their heritage in all time coming, and that he and his foresaids shall in no way be obliged to produce any of the rights made to his predecessors or authors of the said lands, baronies and others foresaid or any part thereof by his majesty or his predecessors or by whatsoever other persons or their predecessors, from whom his said predecessors and authors required† the said lands, baronies, teinds and others foresaid or any part thereof, and that notwithstanding of whatsoever reduction or improbation to be intended against them at the instance of whatsoever person or persons thereupon; and declares the said James Crichton and his foresaids to be free of all certifications to be given against them for non-production of the same, the said James Crichton and his foresaids making faith by their great oath that the same were burnt and destroyed in the said burning of Frendraught and that they have none of the writs called to be reduced or disproved nor can be found in any public register.
[1641/8/318]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the six separate charters underwritten, whereof the first made, given and granted by his highness's late dearest father, King James VI of worthy memory, to and in favour of the late Robert Smith, merchant burgess of Edinburgh, and the late Agnes Purves, his spouse, and to the longest liver of the two, in liferent, for all the days of their lifetimes, and to John Smith, their son, his heirs and assignees heritably, of all and whole the lands of Dubhouse, namely: three acres of land lying in the territory of Cramond Regis, with a half acre of land near the lands of Corstorphine, called the Riggs, with the pertinents between the lands of the late Alexander Cramond on the south and north parts, and of two acres with a half acre of land lying in the Bondlands, extending to the muir called Cruikes on the south and north parts, lying within the said territory of Cramond Regis and sheriffdom of Edinburgh, upon the resignation of the late John Easton, writer to his majesty's signet, and the late Margaret Cant, his spouse, to whom the same pertained of before; together with the advocation, donation and right of patronage of the altar or altarage of St Thomas the Apostle situated within the college kirk of St Giles in Edinburgh upon the resignation of the late Sir William Lawson of Boghall, knight, to whom the said patronage pertained heritably of before, and the new gift and disposition of the said lands, patronage and others foresaid, to be held of our said sovereign lord and his highness's successors in free blench ferm in fee and heritage in manner mentioned in the said charter, which is under his highness's privy seal of the date 20 July 1610. The second, a charter of confirmation granted by our said late sovereign lord, King James VI of worthy memory, with advice and consent of his highness's treasurer depute and commissioners for the time, ratifying and approving and for his highness and his successors perpetually confirming the charter made, given and granted by John Mowbray of Cammo, brother and heir to the late James Mowbray of Cammo, to the said late Robert Smith in liferent for all the days of his lifetime, and to the said John Smith, his lawful son, his heirs and assignees whatsoever heritably and irredeemably, of all and whole the ten merk land lying at the east end of Cramond Regis with the half of that mill, called Niddrie Mill, then occupied by the said John Mowbray and his tenants; together with common pasturage, liberty, faculty and privilege of pasturage of their goods, and digging and extracting of fuel, fail and divot in the common muir of Cramond at their pleasure, and with all the houses, buildings and yards thereupon, with the pertinents, lying within the said town and territory of Cramond Regis and the said sheriffdom of Edinburgh, to be held of our said late sovereign lord and his highness's successors in fee and heritage forever in manner specified in the said charter confirmed, which charter of confirmation is under the great seal of the date at Edinburgh, 4 July 1615. The third of the said charters made, given and granted by his highness's said late dearest father, of worthy memory, with advice and consent of his highness's treasurers principal and depute and other lords of his highness's secret council of Scotland, his highness's commissioners for the time, to the said John Smith and Janet Ellis, his spouse, the longest liver of the two, in conjunct fee, their heirs and assignees therein contained heritably, of all and whole the lands and others underwritten, namely: of all and whole the said ten merk land lying at the said east end of Cramond Regis, with the said half of the said mill, called Niddrie Mill, with the said common pasturage, liberty, faculty and privilege of pasturage of their goods, digging and extracting of fail and divot in the said common muir of Cramond and all the bounds thereof at their pleasure, with all the houses, buildings and yards thereon, with their pertinents conquested from the said John Mowbray of Cammo; and of all and whole the said lands of Dubhouse above-written conquested from the said John Easton and his spouse, with their pertinents, containing, lying and bounded as said is upon the resignation of said late Robert Smith and Agnes Purves, his spouse, life-renters, and the said John Smith, fiar thereof, their son; and of all and whole a fourth part of a tenancy of land lying in the said town and territory of Cramond, with the houses, buildings, yards, tofts, crofts, outsets, tenants, tenancies, service of free tenants, parts, pendicles and all their pertinents, lying in the east end of the said town of Cramond Regis within the said sheriffdom of Edinburgh, upon the resignation of the late John Livingstone in Wester Duddingston, portioner of Cramond Regis, to whom the same pertained heritably of before, to be held of our said late sovereign lord and his highness's successors in fee and heritage forever in manner specified in the said charter, which is under his highness's great seal of the date 20 December 1620. The fourth of the said charters, a charter of confirmation made and granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurer depute and lords of secret council, his highness's commissioners for the time, ratifying and approving and for his highness and his successors perpetually confirming the charter, vendition and disposition contained therein made, given and granted by the said John Mowbray of Cammo to the said John Smith and Janet Ellis, his spouse, the longest liver of the two, in conjunct fee, their heirs and assignees contained therein heritably and irredeemably, of all and whole his half of the lands of Southfield and Hunterland, with the pertinents, lying within the said town and territory of Cramond, with common pasturage, liberty and privilege of pasturage of their goods and digging and extracting of fuel, fail and divot in the said common muir of Cramond and in all the bounds thereof at their pleasure, lying within the said sheriffdom of Edinburgh, to be held of our said sovereign lord and his highness's successors in fee and heritage in manner specified and contained in the said charter confirmed and engrossed in the said charter of confirmation, which charter of confirmation is under the great seal of the date 5 July 1625. The fifth of the said charters made, given and granted by our said sovereign, with advice and consent of his highness's treasurers principal and depute and other lords and others of his highness's exchequer, his highness's commissioners for the time, to the said John Smith, his heirs and assignees heritably, of all and whole the lands of Cramond Regis, with the houses, buildings, yards, tofts, crofts, outsets, annexes, connexes, dependencies, tenants, tenancies, service of free tenants, parts, pendicles and pertinents thereof whatsoever; together with common pasturage, privilege and power of pasturage of their goods and digging and extraction of their fuel, fail and divot within all the bounds of the said muir of Cramond at their pleasure in all time coming, with free access and entry to the said muir of Cramond then occupied and possessed by John and Alexander Howison, Thomas Dewar, John Kinley, elder and younger, John† Snype, John Garden, James Dundas, James Wilson, James Ramsay, Isobel Ochiltree and Alexander MacCreich, lying within the lordship of Cramond Regis and within the said sheriffdom of Edinburgh upon the resignation of Master William Adamson of Craigcrook and Janet Davison†, his spouse, with the new gift and disposition thereof mentioned in the said charter, to be held of our said sovereign lord and his highness's successors in manner specified in the said charter, which is under his highness's great seal of the date 25 February 1632. And the sixth of the said charters made and granted by our said sovereign lord, with advice and consent foresaid, to Robert Smith, eldest lawful son to the said John Smith, and the male heirs lawfully to be procreated of his body, which failing to return to the said John Smith, his father, his heirs and assignees heritably, of all and whole the said ten merk land lying at the said east end of the said town of Cramond Regis, with the half of the said mill, called Niddrie Mill, with all and sundry the houses, buildings and yards thereupon with the pertinents, and of all and whole the said half of the said lands of Southfield and Hunterland with the said common pasturages, liberties and privileges thereof in the said common muir of Cramond above-mentioned, conquested from the said John Mowbray upon the said John Smith's own resignation thereof, to be held of our said sovereign lord and his highness's successors in manner specified in the said charter, which is under the great seal of the date 21 June 1634. And the two charters of alienation and precepts of sasines contained therein, engrossed and confirmed in the said two charters of confirmation above-mentioned, and instruments of sasine following upon the said two charters confirmed and precepts of sasine contained therein, and the procuratories and instruments of resignation whereon the said other four charters of resignation above-mentioned proceeded, and the precepts of sasine and instruments of sasine following thereupon of whatsoever dates, tenors or contents the same charters, precepts, sasines, procuratories and instruments of resignation be of or bear. As also the contract made at Edinburgh, 11 January 1633 between John [Elphinstone], lord Balmerino, heritable patron of the parish kirk of Cramond, parsonage and vicarage thereof, and tacksman of the teind sheaves of the said parish on the one part, and the said John Smith, heritor of the lands above and underwritten lying within the said parish on the other part, acted and registered in the books of council and session upon twenty [...] day of January the said year, whereby the said John, lord Balmerino, for the causes onerous contained therein, sold, assigned, transferred and conveyed to the said John Smith, his heirs and assignees whatsoever, all right and title whatsoever, which the said Lord Balmerino, his heirs and assignees, have or may pretend to the teinds, great and small, parsonage and vicarage, of all and whole the said John Smith, his lands in Cramond Regis, pertaining to him heritably, specially and particularly mentioned and set down in the said contract, with their pertinents lying within the said parish of Cramond, either by virtue of his heritable infeftment of the said kirk of Cramond, parsonage and vicarage thereof, or by virtue of his tacks, assedations and rights mentioned in the said contract, or otherwise howsoever for payment of the yearly duty mentioned in the said contract; and made and constituted the said John Smith and his foresaids, his undoubted sessioners and assignees, in and to his tacks and rights of the teinds, parsonage and vicarage, of the said parish of Cramond specially and generally mentioned in the said contract, in so far as the same may be extended to the said teinds of the said John Smith, his lands mentioned in the said contract, with the pertinents in time coming, for yearly payment as is contained in the said contract. And also the other contract made and perfected at Barnton on 28 May 1634, between the said John, lord Balmerino, patron and tacksman foresaid on the one part, and the said Master William Adamson of Craigcrook, heritor of the lands contained therein lying within the said parish on the other part, registered in the books of council and session upon 15 July 1634, whereby the said John, lord Balmerino, for the causes onerous contained therein, sold, assigned, transferred and conveyed to the said Master William Adamson, his heirs and assignees whatsoever all right and title whatsoever, which the said Lord Balmerino, his heirs or assignees have or may pretend to the teinds, great and small, parsonage and vicarage, of all and whole the said Master William Adamson, his lands of Craigcrook, Grotehill, Clermiston and Southfield, with all and sundry their parts, pendicles and pertinents, lying within the said parish of Cramond and sheriffdom of Edinburgh foresaid, either by virtue of his heritable infeftment of the said kirk of Cramond, parsonage and vicarage thereof, or by virtue of his tacks, assedations and rights mentioned in the said contract or otherwise howsoever, for payment of the yearly duty mentioned in the said contract, and made and constituted the said Master William Adamson and his foresaids, his undoubted sessioners and assignees, in and to his tacks and rights of the teinds, parsonage and vicarage, of the said lands lying within the parish of Cramond, with the pertinents mentioned in the said contract, in so far as the same may be extended to the said teinds of the said Master William, his lands mentioned in the same contract, with the pertinents, in time coming, for yearly payment as is contained in the said contract. As also the assignation made by the said Master William Adamson of Craigcrook to the said John Smith and his foresaids, of the date 16 and 19 June and August 1635, registered in the burgh court books of Edinburgh upon 29 August 1635, whereby the said Master William Adamson, with consent of the said Janet Adamson, his spouse, made and constituted the said John Smith and his foresaids their assignees in and to the said contract made between the said John, lord Balmerino, and the said Master William Adamson, of the date foresaid, and in and to the said tacks and rights of the said teinds of the said Master William, his said lands above-written, assigned, transferred and conveyed by the said lord to him in manner specified in the said contract, whole heads, tenor, contents, force, strength and effect thereof, and all that has followed or may follow thereupon, in so far as the same concerns or may be extended only to the teinds, parsonage and vicarage, of the said lands of Grotehill, with the pertinents, conveyed by the said Master William to the said John Smith in manner contained therein of the crop and year of God 1635 and in time coming, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained in the said charters, infeftments, contracts, assignation and rights specially and generally above-mentioned, 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 charters, contracts, assignation and other rights specially and generally above-written is and shall be as valid, effectual and sufficient, and of as great strength, force and effect to the said John Smith, Janet Ellis, his spouse, and Robert Smith, their son, their heirs and assignees foresaid contained therein, for possessing of the said lands, teinds and others above-written mentioned therein, in all time coming according thereto, as if the same whole rights specially and generally above-written were all at length word for word engrossed, inserted and contained in this present ratification, notwithstanding the same be not so done; concerning which, and with all other defects and imperfections and objections which may be proposed against the same† or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever.
[1641/8/319]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, for himself and as father and administrator to his highness's dearest son, Charles, prince of Scotland and Wales, stewart of Scotland and superior of the lands underwritten, and estates of this present parliament, ratifies and approves the three separate charters particularly underwritten, namely: the first thereof made, given and granted by his highness's late dearest father of worthy memory, James [VI], king of Great Britain, France and Ireland, defender of the faith etc., for himself and as lawful administrator to his highness's son Henry, then prince and stewart of Scotland for the time, to the late James [Elphinstone], then lord Balmerino, then his highness's secretary and president of his highness's college of justice, his male heirs and of tailzie contained therein, of all and whole the lands of Bonnington, with the mansions, manor places, houses, buildings, yards, orchards, mills, multures, woods, fishings, parts, pendicles, annexes, connexes, dependencies and feu ferm thereof, tenants, tenancies, service of free tenants and all their pertinents, lying within the sheriffdom of Edinburgh, and by annexation within the barony and sheriffdom of Renfrew, and of certain other lands contained in the said charter to be held of the said late Henry, then prince and stewart of Scotland, and his successor princes and stewarts of Scotland, in fee and heritage in manner specified in the said charter, of the date at Whitehall, 2 May 1608, with the procuratory and instrument of resignation whereon the same proceeded and precept and sasine following thereupon, of whatsoever dates, tenors or contents the same be of. The second of the said charters made, given and granted by his highness's said late dearest father, King James of worthy memory, for himself and as lawful administrator to his highness's dearest son, Charles, then prince of Great Britain, stewart of Scotland, now king of Great Britain, France and Ireland, defender of the faith, with advice and consent of his highness's treasurer, comptroller and collector depute and lords of his highness's secret council, his highness's commissioners for the time, to his highness's right trusty cousin and councillor John [Maitland], then lord Thirlestane, now earl of Lauderdale, his male heirs and of tailzie contained therein and their assignees whatsoever heritably of all and whole the said lands of Bonnington, extending to a ten pound land of old extent, with the mansions, manor places, houses, buildings, orchards, yards, mills, multures, woods, fishings, parts, pendicles, annexes, connexes, dependencies and feu ferm thereof, tenants, tenancies, service of free tenants and all their pertinents, lying as said is, upon the resignation of his highness's right trusty cousin Alexander [Montgomery], earl of Eglinton, lord Montgomery, and of the late Sir Alexander Drummond of Midhope, knight, and the new gift and disposition contained in the said charter, to be held of the said prince and his successor stewarts of Scotland in fee and heritage in manner specified in the said charter, which is of the date under the great seal at Edinburgh, 8 July 1613, with the procuratory and instrument of resignation whereon the same proceeded and precept of sasine and sasine following thereupon of whatsoever dates, tenors or contents the same be of. And the third of the said charters made, given and granted by our sovereign lord, the king's majesty that now reigns, for himself and as prince and stewart of Scotland, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute of this realm for the time and of the other lords of his highness's exchequer, his majesty's commissioners, to the late Laurence Scott of Harperrig, thereafter of Clerkington, advocate, in liferent for all the days of his lifetime and to Master James Scott, his second lawful son, now of Bonnington, his heirs and assignees whatsoever heritably in fee, of all and whole the said lands of Bonnington, extending to the said ten pound land of old extent with the mansion, manor places, houses, buildings, yards, orchards, mills, multures, woods, fishings, parts, pendicles, dependencies and feu ferm thereof, tenants, tenancies, service of free tenants and all their pertinents, lying as said is, upon the resignation of his highness's right trusty cousin and councillor John, earl of Lauderdale, to be held of our said sovereign lord as then prince and stewart of Scotland and his highness's successor princes and stewarts of Scotland, in fee and heritage in manner specified in the said charter, which is under the great seal of the date at Holyroodhouse, 19 February 1629, with the procuratory and instrument of resignation whereon the same proceeded and precept and sasine following thereupon, of whatsoever dates, tenors or contents the same be of, in all and sundry the heads, points, clauses, circumstances, articles and conditions contained therein, after the forms and tenors thereof in all points in so far as the same concerns and may be extended to all and whole the said lands of Bonnington extending as said is, with the mansions, manor places, houses, buildings, yards, orchards, mills, multures, fishings and other pertinents thereof foresaid, now pertaining to the said Master James Scott heritably. And our said sovereign lord, for himself and as father and lawful administer to his highness's said dearest son, the prince, for their highnesses and their successors, and estates of parliament, will, grant, decree and ordain that this present ratification of the said charters and rights specially and generally above-written, is and shall be as valid and effectual and of as great force, strength and effect to the said Master James Scott and his foresaids for holding, enjoying and possessing of all and whole the foresaid lands of Bonnington, extending as said is, with the mansions, houses, buildings and other pertinents thereof foresaid heritably and perpetually in all time coming in manner and form mentioned in the said charters and according thereto, as if the said charters and other rights specially and generally above-written were all at length word for word engrossed, inserted and contained in this present ratification, notwithstanding the same be not so done; concerning which and with all other defects and imperfections and objections which may be proposed or alleged against the said charters and rights specially and generally above-written, or any of them, or this present ratification thereof and validities of the same, our said sovereign lord, for himself and as lawful administrator to his highness's said dearest son, the prince, for their highnesses and their successors, and estates of parliament have dispensed and by this ratification dispense for ever.
[1641/8/320]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the late Sir William Scott of Elie, knight, in his own time had a great mind to build a kirk upon the ground of his lands and barony of Ardross within the town of Elie, lying within the presbytery of St Andrews and sheriffdom of Fife, likewise for erecting and building thereof by his letter, will and testament, he left the sum of 5,000 merks money usual of this realm and destined and appointed the same to be employed for that use; which kirk, since the decease of the said late Sir William, William Scott of Ardross, his son and heir, has caused erect and build within the said town of Elie and has endowed, mortified and conveyed to the minister or parson and his successor ministers or parsons serving the cure thereat, for a constant local and modified stipend to him and them in all time hereafter, and for furnishing the elements of bread and wine for the celebration of the holy communion two separate times yearly at the said kirk, all and whole four chalders of good and sufficient victual, whereof one chalder is oats and three chalders are barley, with 300 merks money of silver usual money of this realm yearly to be uplifted and taken, the victual between Yule and Candlemas [2 February] yearly and the silver to be uplifted and taken at Whitsunday [May/June] and Martinmas [11 November] yearly out of the first and readiest of the parsonage teinds of his lands mentioned in the said mortification made by him relating thereto proportionally and according to division specified therein, which is of the date 17 April last, whereby or by another ticket of mortification of the same date he has also provided the said minister and his successors to a manse and glebe at the said kirk. Likewise the said William Scott has purchased and procured from David [Lindsay], lord Balcarres, undoubted patron of the parish kirk and parish of Kilconquhar, parsonage and vicarage thereof, and from Doctor David Munro, present minister of the said kirk and parson thereof, both with one consent and assent, a procuratory for resigning and demitting of all the whole foresaid advocation, donation and right of patronage of the said parish kirk and parish of Kilconquhar, parsonage and vicarage thereof, in so far as the same concerns or may be extended to all and whole the said William Scott's lands and barony of Ardross, comprehending the lands of Carmurie, Elie and Balclavie, with all their outsets and insets, parts, pendicles and pertinents thereof, and of his lands of Over and Nether Muircambus and easter half of the town and lands of the Newton of Rires, with the parts, pendicles and pertinents thereof, all lying within the sheriffdom of Fife in the hands of our sovereign lord or his highness's successors, his or their commissioners mentioned in the said procuratory, in favour of the said William Scott of Ardross, his heirs or assignees, to the effect the same lands, barony and others foresaid may be united and annexed to the said newly built kirk within the said town of Elie, and erected in a separate kirk and parish in all time coming, to be called the kirk and parish of Elie, and also to the effect the said William Scott and his foresaids may be made and constituted patrons of the said kirk, and heritably infeft and seised therein, as also for new infeftment to be made and given to them thereof by our said sovereign lord or his highness's successors under the great seal in manner contained therein, which procuratory is of the date 6 September instant. And that the said William Scott made known his purpose in erecting of the said kirk and endowing of a competent manse and glebe thereto first to the said presbytery of St Andrews, who did approve thereof as tending to God, his glory and advancement of the kingdom of God, and recommended the same to the provincial assembly of Fife held at Cupar, 3 April last, who also by their act gave their approbation thereto, all which being next remonstrated and shown by the said William Scott to the last general assembly held at Edinburgh, and they supplicated by him for ratifying of the said act of the provincial assembly and recommending the erection of the said kirk to this present parliament, the foresaid assembly by their act and ordinance given and pronounced upon 29 August last, ratified the foresaid sentence of the said provincial assembly of Fife and recommended the erection of the said kirk of Elie to this present parliament. Therefore his majesty and estates of parliament foresaid have ratified and approved and, by the tenor hereof, ratify and approve the mortification above-written made by the said William Scott of Ardross to the said minister or parson and his successor ministers or parsons serving the cure at the said newly built kirk within the said town of Elie of the constant and local stipend above-specified of four chalders of victual, quality foresaid, and 300 merks money foresaid of silver, and of the foresaid manse and glebe, which is of the date above-contained, together with the foresaid procuratory made by the said David, lord Balcarres and Doctor David Munro, both with one consent and assent as said is, to the said William Scott and his foresaids of the date and contents above-rehearsed, and infeftment appointed to follow thereupon, together also with the contracts respectively above-written whereupon the said procuratory proceeded, and whereto the same is made relative, and with the foresaid act, sentence and ratification of the said general assembly of the date foresaid and recommending as said is in the whole heads, articles, clauses, circumstances and conditions thereof, and wills, grants and declares that this general ratification and approbation of the same is and shall be as valid, effectual and sufficient to the said William Scott, his heirs and assignees foresaid, and to the said minister or parson serving the cure thereat, as if the same mortification, procuratory, infeftments, contracts and acts respectively and every one of them were at length and word by word engrossed and set down herein, concerning which his majesty and estates foresaid have dispensed and by this act dispense for ever. And further, our said sovereign lord and estates of parliament have united and annexed and, by this act, unite and annex all and whole the said lands and barony of Ardross, comprehending towns, lands and others above-specified, and the said lands of Over and Nether Muircambus, and easter half of the said town and lands of the new town of Rires, with the pertinents, all lying as said is, to the said newly built kirk within the said town of Elie, and have erected and, by this act, erect the same newly built church in a separate parish kirk and parish in all time coming, hereafter to be called now and in all time coming hereafter, as said is, the parish kirk and parish of Elie, of the which parish the said lands and barony of Ardross, comprehending as said is, and the said lands of Over and Nether Muircambus and easter half of the said new town of Rires, with the pertinents, shall be the bounds and comprehended within the same parish in all time coming. As also his majesty and estates foresaid have made and constituted and, by this act, make and constitute the said William Scott of Ardross, his heirs and assignees foresaid, patrons of the said kirk, advocation, donation and right of patronage thereof, parsonage and vicarage of the same, and ordain him to be heritably infeft and seised therein, according to the said procuratory and tenor thereof, by way of signature and infeftment under his highness's great seal of this kingdom of Scotland, which signature so to be made passed and completed of the said patronage as said is, and of the lands whereto the same shall be thereby annexed (now as if the said signature and infeftment were already passed and completed and then as now) his majesty and estates foresaid have ratified and approved, and, by this act, ratify and approve in the whole heads, articles, clauses, circumstances and conditions thereof, and will, grant and declare that this present general ratification and approbation thereof is and shall be as valid, effectual and sufficient for that effect as if the same infeftment were already passed and completed the great seal and at length engrossed herein; concerning which his majesty and estates foresaid have dispensed and by this act dispense for ever.
[1641/8/321]*[print] [email] [cite] [preceding] [following]
The which day, the supplication given in to the king's majesty and estates of parliament by the gentry and commons of the sheriffdom of Argyll, bearing that in the act of parliament of 1617 regarding registration of sasines etc.† there was no particular register established to be kept within the sheriffdom of Argyll, but only one to be made in Dumbarton for the sheriffdoms of Dunbarton, Bute and Argyll, the keeper whereof always remains at Glasgow†, whereas there ought to be a particular register within the sheriffdom of Argyll as was the time of the secretary's register of sasines, and therefore desiring to establish a particular register for registration of sasines etc. within the said sheriffdom to be kept within the burgh of Inveraray in time coming, and to ordain the clerk register to appoint a depute for that effect, and to discharge the said particular register appointed by the said act of parliament to be kept at Dumbarton in so far as concerns the said sheriffdom of Argyll, as the supplication purports; being read and the desire thereof considered by his majesty and estates of parliament, his majesty and estates foresaid grant the desire above-written of the said supplication and give warrant to the clerk register to appoint a depute for keeping a register within the said burgh of Inveraray for registration of sasines, reversions and other writs of that nature appointed to be registered by the foresaid act of parliament within the bounds of the said sheriffdom of Argyll, the present depute being satisfied.
[1641/8/322]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the estates of this present parliament, considering that there was a petition and supplication given in to the general assembly held at Edinburgh, 21 August 1639, at the instance of Sir William Anstruther of that Ilk, knight, gentleman usher of his majesty's privy chamber, and of the bailies of the burgh of Anstruther Easter, for themselves and in name and on behalf of the whole other inhabitants of the barony of Anstruther and burgh foresaid of Anstruther Easter, making mention that where the said burgh of Anstruther Easter, being a part of the parish of Kilrenny, and being populous and distant from the kirk of Kilrenny by the space of a mile of deep evil way in the winter time and other rainy times in the year, and the remainder of the said parish of Kilrenny (beside the inhabitants of the said barony of Anstruther and burgh of Anstruther Easter) being as many people as conveniently may be served and eased within the said kirk of Kilrenny the time of divine service, the forenamed supplicants, for their better ease and commodity in frequenting and repairing to God's worship and for edification of the people and administration of the sacraments, have caused build a kirk with a kirkyard upon the said Sir William Anstruther's heritage allotted by him for that use within the said burgh of Anstruther Easter, and intend to provide a stipend to the minister thereof, they obtaining the said barony of Anstruther and burgh of Anstruther Easter and the inhabitants thereof dismembered from the said kirk and parish of Kilrenny and erection thereof in a separate parish by itself; and therefore desiring the said late general assembly to dismember the said barony of Anstruther and burgh of Anstruther Easter and whole inhabitants thereof from the said burgh† and parish of Kilrenny, and to erect the same in a separate parish by itself, and to appoint and ordain the inhabitants of the said bounds to repair to the said kirk of Anstruther Easter as their parish kirk in all time hereafter for divine service, receiving of the sacraments and to use the kirkyard thereof for burial of their dead. And in the meantime the inhabitants of the said burgh of Anstruther Easter and barony of Anstruther to be reputed and held parishioners of Kilrenny, to receive the benefit of the word and sacraments thereof until the said new kirk of Anstruther Easter be provided of a competent stipend, with provision and declaration that the dismembering of the said burgh of Anstruther Easter and barony of Anstruther from the said kirk of Kilrenny and erecting thereof in a separate parish per se shall not be prejudicial to the said kirk of Kilrenny, nor to the minister and parishioners thereof regarding the implement to them of the decreet of lords commissioners of parliament for surrenders and teinds of the date 29 June 1635, and of the contract passed between Master Colin Adam, minister at Kilrenny, with consent of certain person subscribers thereof on the one part, and the said Sir William Anstruther and the bailies and council of the said burgh of Anstruther Easter mentioned therein, for themselves and in name and on behalf of the remainder of the council and community of the same burgh of Anstruther Easter, on the other part, of the date at Anstruther Easter, 19 May 1636. Which petition and supplication being read in presence of the said assembly was found by the same assembly to be reasonable and referred by them to this present parliament without prejudice of the presbytery and parishioners and others having interest, as an extract of an act of the said assembly of the date foresaid at length bears. And his majesty, with consent of the estates of this present parliament, finding the desire of the said supplication and act foresaid of the said assembly not only to be reasonable but also to be expedient, both for advancement of policy within the said burgh of Anstruther Easter and commodious to the inhabitants of the said burgh of Anstruther Easter and barony foresaid of Anstruther for their ease in repairing to the kirk of God to divine service and for baptism and burial, therefore his majesty, with consent foresaid, has dismembered and, by this act, dismembers the foresaid barony of Anstruther and burgh of Anstruther Easter and whole inhabitants thereof from the said kirk and parish of Kilrenny, and has erected and, by this act, erects the same in a separate parish by itself, and appoints and ordains the inhabitants of the said bounds to repair to the said kirk of Anstruther Easter as their parish kirk in all time hereafter for divine service, receiving of the sacraments and to use the kirkyard thereof for burial for their dead. And in the meantime the inhabitants of the said burgh of Anstruther Easter and barony of Anstruther to be reputed and held parishioners of Kilrenny, to receive the benefit of the word and sacraments there until the said new kirk of Anstruther Easter be provided of a competent stipend, and with the provision and declaration above-specified conceived in favour of the minister and parishioners of Kilrenny regarding the fulfilling to them of the decreet of the commissioners of parliament for surrenders and teinds and contract respectively above-specified.
[1641/8/323]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having read and considered the supplication given in to the parliament by the commissioners of the general assembly and by Master Alexander Callander, minister at Denny, and the elders at the said kirk, making mention that the kirk of Denny, being some forty years since or thereby dismembered from the parsonage of Falkirk, with consent of patron and parson, in regard the parishioners thereof being many and enclosed within the waters of Carron and Bonny and lying four miles from Falkirk could not possibly have the benefit of divine service there, but very commodiously might and have been the space foresaid [served]† by their own pastors upon means within themselves; likewise this being represented to the general assembly, the general assembly, by their act of 27 August 1639 found the supplication given in to them reasonable and referred the same to the parliament; and therefore desiring his majesty and estates of parliament to establish the said kirk of Denny as a kirk separate and dismembered from the parsonage of Falkirk, to enjoy all privileges, liberties, emoluments and endowments whatsoever competent to a parish kirk in time coming, as the said supplication in the self purports. Our said sovereign lord and estates of parliament foresaid have established, and hereby establish, the foresaid kirk of Denny as a kirk separate and dismembered from the foresaid parsonage of Falkirk, and ordain and appoint the same kirk and parish of Denny to enjoy all privileges, liberties, emoluments and endowments whatsoever competent to a parish kirk in all time coming.
[1641/8/324]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, has ratified and approved and, by this legislation, ratifies and approves the charter and infeftment made and granted by his majesty, with advice and consent of his highness's treasurer, comptroller and collector general and treasurer of his highness's new augmentations of this kingdom of Scotland, and of the other lords of his highness's exchequer for the time, whereby his majesty, with advice and consent foresaid, has ratified and approved diverse and sundry charters, infeftments, precepts, instruments of sasine, confirmations, acts, sentences, decreets, donations, mortifications, rights of patronage and other rights, titles, evidents and other securities, liberties, commodities, privileges and others particularly and generally expressed therein, made and granted to the burgh and city of Glasgow, provost, bailies, dean of guild, treasurer, council and community of the same and their successors by his majesty or by whatsoever his majesty's most noble progenitors, kings, queens, princes and stewarts of Scotland, their regents and governors for the time, or by the lords of council and session and college of justice, and with all and sundry acts of burghs, other acts, rights, liberties and possessions in any way possessed of before by the said burgh of Glasgow and kirks, colleges, ministers and hospitals within the same, in manner specified in the said charter, whereby also his majesty, with consent of his highness's said treasurer, comptroller and collector and other lords of exchequer for the time, his highness's commissioners, has given, granted and conveyed with a clause of novodamus to the provost, bailies, council and community of the said burgh of Glasgow and to their successors for ever, all and whole the said burgh and city of Glasgow, with all and sundry lands, houses, buildings, tenements, yards, orchards, kirks, kirk yards, patronages, chaplains, chapels, teinds, walls, ports†, gates, passages, calsays, acres, ruids, burns, tofts, crofts, infield, outfield, territory and community of the same, mills, mill lands, multures, sequels, sucken, thirlage, dams, inlairs†, lades† and watergangs†, hills, salmon fishings and other fishings†, the water and river of Clyde, hospitals, correction houses, muirs, mosses, greens, commonties, loans, bridges, coals, coal pits, lime, limestone, annualrents, feu mails, feu ferms, duties, mansions, fruits, emoluments, foundations, donations, presentations, mortifications, alms, dail-silver† and other privileges and immunities, as well ecclesiastical as secular, belonging thereto, and with liberty and privilege in the water of Clyde, in manner specified in the said charter, creating the said burgh in a free burgh royal and giving to the said burgh a correction house and with that house called the Lipperhouse and St Ninian's Hospital, with sundry liberties and privileges, and with the customs and duties belonging to the said burgh, and making the provost, bailies, council and community of the said burgh and their successors heritable patrons of the Trongate kirk of Glasgow, as in the said charter, containing diverse other gifts, heads, clauses and donations in favour of the said burgh of Glasgow, provost, bailies, council and community thereof and their successors, of the date at Newmarket, 16 October 1636, at more length is contained, in all and sundry heads, clauses and circumstances thereof, together with the precept and instrument of sasine following thereupon and all that has followed or may follow upon the same. Moreover, our said sovereign lord, with consent foresaid of the estates of this present parliament, decrees and ordains that the foresaid rights, securities, privileges and others expressed in the said charter now ratified and approved are and shall be good and valid rights to the provost, bailies, council and community of the said burgh of Glasgow and to their successors for possessing and enjoying of the same perpetually in all time coming, without trouble or impediment according to the tenors thereof in all points.
[1641/8/325]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve to and in favour of his highness's beloved John Dickson of Hartree, servant to Sir Alexander Gibson, younger, of Durie, clerk register, a charter made and granted by William [Douglas], earl of Morton, containing a gift of novodamus therein to the said John Dickson, his heirs and assignees therein contained heritably, of and upon all and whole the town and lands of Kilbucho, the mill, mill lands and multures thereof, the lands of the motte or mains of Kilbucho, the lands of Raw, the lands of Blendewing, the lands of Cleuch, the lands of Gosland, with the advocation, donation and right of patronage of the kirk of Kilbucho, parsonage and vicarage teinds of the parish thereof, dated 13 August 1630, with the tacks of the teinds of the said parish and act of prorogation thereof, dated 23 January 1618. And also the two charters made and granted by John [Stewart], earl of Traquair, to and in favour of the said John Dickson, his heirs and assignees specified therein, the one thereof of the lands of Easterplace of Hartree, Burnfoot, Howslack and Blackbyres, and the other of the lands of Wester Hartree, mill thereof and five pound land of Thripland, with the tower, fortalice and manor place of the same lands, both dated 27 March 1635, with the houses, whole parts, pendicles and pertinents of the lands and others above-specified, all lying within the parish of Kilbucho, sheriffdom of Peebles and regality of Dalkeith, with the dispositions, procuratories and instruments of resignation whereon the said charters proceeded and the precepts of sasine and instruments of sasine following upon the foresaid charters, and either of them; together also with a disposition granted by John, earl of Traquair, etc., principal treasurer for the time of this kingdom, and the other commissioners therein nominated, to the said John Dickson of the annuity of the teinds of the foresaid whole lands above-mentioned, with the pertinents, dated 11 August 1637, and registered in the books of exchequer 15 August 1637; together likewise with all other infeftments, sasines and other rights granted to the said John Dickson and his authors and their predecessors of, upon and concerning the foresaid lands, mills, patronage, teinds, annuity and others above-specified of whatsoever dates, tenors or contents the same be of, in all and sundry the heads, articles, clauses and conditions contained therein, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament declare that this present ratification of the said charters, infeftments, tacks, dispositions and other rights specially and generally above-written hereby ratified as said is, is and shall be as sufficient and of as great force and effect as if the same charters and rights were expressly word for word inserted herein, notwithstanding the same be not so done; concerning which, and with all other defects and objections that may be proposed or alleged against the same rights or any of them, or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and hereby dispense for ever. And further, our said sovereign lord and estates of parliament foresaid decree and ordain the said charters, infeftments, tacks and rights hereby ratified to be valid and undoubted rights to the said John Dickson and his foresaids for holding and possessing of the said lands, mills, patronage, teinds, annuity and others respectively above-written contained in the said rights with the pertinents thereof above-written and according to the said rights in time coming.
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Our sovereign lord and estates of this present parliament have ratified and approved and, by this legislation, ratify and approve the tack and assedation made and set by our said sovereign lord to his highness's trusty cousin and councillor William, earl Marischal, lord Keith and Altrie, his heirs and assignees and subtenants whatsoever, of all and sundry his majesty's customs due to be paid to his majesty for all merchant goods, gear, tobacco, corns, cloth, salmon and other merchandise or goods whatsoever, whereof custom is due, exported or imported, or that shall happen to be imported or exported to and from this kingdom by sea or land, at the towns, ports and harbours of Aberdeen and Banff and all other parts, ports, harbours and creeks along the coast from the north water of the town of Montrose exclusive, to the water mouth of Spey, and of the custom and impost of all wines that shall be imported at the said ports and harbours of Aberdeen or Banff or within the bounds foresaid or pertaining to merchants of the said two burghs for the space of five years following his entry thereto, which is declared thereby to be at the date following of the said tack, and so forth from five years in five years during the whole space and years of fifteen years, for the yearly payment of 9,000 merks money of this realm in manner contained therein, as the said tack, containing sundry other conditions and provisions concerning the said customs and impost of wines, of the date 11 October 1641, at more length bears, in all and sundry the heads, points, articles, clauses, circumstances and conditions thereof, and will, grant and declare that this present general ratification and approbation of the same is and shall be as valid, effectual and sufficient to the said William, earl Marischal and his foresaids as if the said tack were at length word by word engrossed and set down herein. As also statutes and ordains the said tack to stand and remain to the said earl and his foresaids during the said space of fifteen years as a good, valid and sufficient tack and right for their peaceable possession, collecting and intromitting with the said customs and impost contained therein during the whole time thereof according to the tenor, conditions and provisions thereof, notwithstanding of whatsoever acts of parliament, council, exchequer or other laws of this kingdom made or to be made in the contrary; concerning which, his majesty and estates of parliament foresaid have dispensed and, by this ratification, dispense for ever.
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Our sovereign lord and estates of parliament, considering that forasmuch as it has pleased his sacred majesty out of his royal zeal and fatherly affection to the growth and increase of religion within this his majesty's ancient and native kingdom, by his signature of mortification, dated 8 November instant, to unite and erect the two colleges of Aberdeen, namely: the old college thereof and the new, called Marischal's College, in a joint university, to be called in all time coming King Charles University, and to found, mortify and convey to the said colleges, and to the principals, professors, regents and other members of the said university and colleges thereof the whole feu mails, feu ferms, teinds and other rents that pertained of before to the late bishopric of Aberdeen, temporality and spirituality thereof, as follows, namely: two parts thereof to the said old college and a third part to the said new college, to be distributed among the professors and founded persons of the said university by his majesty's commissioners and visitors appointed or to be appointed for that effect in manner at length specified in the said signature. Therefore his majesty and estates of parliament ratify, approve and confirm the foresaid signature and mortification, with the charter appointed to follow thereupon, in all and sundry heads, articles and circumstances thereof, and will and grant and, for his majesty and his successors, with consent of the estates of parliament, decree and ordain this present confirmation to be as sufficient and effectual to the principals, professors, regents and other members of the said joint university now present and their successors in time coming as if the foresaid signature and charter of mortification following thereupon were word by word inserted herein, concerning which and with all that may follow thereupon his majesty and estates of parliament dispense for ever. And further, his majesty and estates of parliament have dissolved and, by this ratification, dissolve all and sundry the feu mails, feu ferms, teinds, teind duties and others mentioned in the said signature from his majesty's crown and patrimony thereof and from the bishopric of Aberdeen and from all other benefices whatsoever to which the same were annexed of before, and suppress and extinguish the name and memory of the said bishopric of Aberdeen in all time coming to the effect the foresaid feu mails, feu ferms, teinds, teind duties and others foresaid that belonged to the said late bishopric of before may remain with the principals, professors, regents and other members of the said joint university of Aberdeen, called King Charles University, as a testimony of his majesty's favour perpetually in all time coming, excepting always out of this ratification the teinds, parsonage and vicarage, of the kirk of St Nicolas, with the right of patronage of the said kirk done in favour of the provost, bailies and council of the burgh of Aberdeen and their successors, to the which the said mortification or this ratification shall in no way be extended, reserving also to [William Keith], earl Marischal and his successors, his right of presentation of the principal and regents of the said college, marischal and other rights and privileges pertaining to him and his predecessors by the first foundation and erection of the said college.
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Our sovereign lord, with consent of the estates of parliament, considering the great losses, hurt and prejudices sustained by Master Peter Hewitt, sometime one of the ordinary ministers at Edinburgh, by the violence of the time in depriving him of his ministry at Edinburgh and of the means and maintenance for sustaining of himself and his family, and that continuously since the year of God 1617 by the space of 24 years or thereabouts, and that now he is become so aged and infirm that he is not able to serve ordinarily and actually the cure of any kirk, whereby his family and children may be maintained or provision made for the better help of his said children; and that his majesty, in consideration thereof, being graciously pleased and disposed to extend his royal compassion to the said Master Peter, and conceiving that the fittest and readiest way to refund and repair him in part of his said losses and thereby to provide some help for his children (without any sensible prejudice to his majesty) would be to continue him and them in the possession of the fruits and rents of Crossraguel presently held and possessed by them, with which he was formerly provided, has thereupon granted to the said Master Peter, his heirs and assignees, a signature for a tack and assedation to them of all and whole the fruits, rents and other duties whatsoever belonging of old or of late to the said benefice of Crossraguel and presently possessed by the said Master Peter out of whatsoever lands or teinds belonging thereto, together with the manor place, houses, buildings, yards, parts, pendicles and all their pertinents, lying within the bailiary of Carrick and sheriffdom of Ayr, and that for all the days, years and terms of the said Master Peter's lifetime, and after his decease for the space of nineteen years next and immediately thereafter following, for the yearly payment of the sum of 5 merks Scots, as in the said signature, dated at Holyroodhouse, 27 October, at more length is contained. Therefore his majesty, with consent of the estates of parliament, has ratified, approved and confirmed and, by the tenor hereof, ratifies, approves and confirms the foresaid tack and assedation in the whole heads, tenors and contents and circumstances whatsoever mentioned and set down therein after the form and tenor thereof, and finds and declares that the said tack shall be a valid and sufficient title and right to the said Master Peter and his foresaids for possessing of the fruits and rents of Crossraguel during the space foresaid contained therein according to the tenor thereof. And further, our said sovereign lord, with consent foresaid, repeals, rescinds and retreats all former acts, statutes, constitutions and other deeds whatsoever, if any be, which may derogate in any sort to this present ratification of the tack above-written.
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Our sovereign lord and estates of parliament, considering that forasmuch as it has pleased his sacred majesty out of his royal zeal and fatherly affection to the growth and increase of religion within this his majesty's ancient and native kingdom, by his signature of mortification, dated [...] November instant, to give, found, mortify and convey to the University and College of Glasgow and to the principal, professors, regents and other professors thereof, all and sundry the whole feu mails, feu ferms, kanes, customs and other duties whatsoever of all lands, baronies and others pertaining to the late bishopric of Galloway and abbacy of Tongland, priory of Whithorn, abbacy of Glenluce and others annexed thereto, with all teinds, parsonage and vicarage, and teind duties of all kirks and parishes that pertained in the said bishopric and abbacies, priories and others annexed thereto in manner at length specified in the said signature; therefore his majesty and estates of parliament ratify, approve and confirm the foresaid signature and mortification, with the charter appointed to follow thereupon, in all and sundry heads, articles and circumstances thereof, and will and grant and for his highness and his successors, with consent of the estates of parliament, decree and ordain this present ratification to be as sufficient and effectual to the said principal, professors, regents and other members of the said University and College of Glasgow now present and their successors in time coming, as if the foresaid signature and charter of mortification following hereupon were word by word inserted herein; concerning which, and with all that may follow thereupon, his majesty and estates of parliament have dispensed for ever. And further, his majesty and estates of parliament have dissolved and, by this ratification, dissolve all and sundry the foresaid feu mails, feu ferms, teind duties and others mentioned in the said signature from his majesty's crown and patrimony thereof and from the bishopric of Galloway, abbacy of Tongland, priory of Whithorn, abbacy of Glenluce and from all other benefices whatsoever to which the same were annexed of before, and suppress and extinguish the same name and memory of the said bishopric of Galloway, abbacies and priory respectively above-specified in all time coming, to the effect the foresaid feu mails, feu ferms, teinds, teind duties and others foresaid that belonged to the said bishopric, priory and abbacies foresaid and others annexed thereto may remain with the principal, professors, regents and other members of the said University and College of Glasgow, as a testimony of his majesty's favour perpetually in all time coming, excepting always out of this ratification the deanery of the chapel royal of Stirling and whole fruits and rents thereof, to the which the foresaid mortification nor this ratification shall not be extended.
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Our sovereign lord, with advice and consent of the estates of this present parliament, has ratified and approved and, by this legislation, ratifies and approves the letter of gift granted by his majesty under his highness's privy seal, of the date the [...] day of [...] 1628, to his highness's beloved and trusty servant Sir John Seaton, knight, during his lifetime, of all and whole a yearly pension of £200 sterling money to be uplifted by him out of the readiest of his highness's rents and casualties of this kingdom from his majesty's treasurers and receivers; together with another letter of gift passed under the privy seal and granted by his majesty of the date 12 November 1641 in favour of the said Sir John Seaton, ratifying and approving the gift of pension above-written and of new giving and granting to the said Sir John during his said lifetime the said yearly pension of £200 sterling to be uplifted out of his majesty's rents and casualties as said is yearly at the feasts of Candlemas [2 February] and Lammas [1 August] by equal portions, the first term's payment thereof beginning at Candlemas next, as the said two letters of gift more fully purport, in all and sundry the heads, articles and clauses of the same letters of gift respectively; declaring hereby that this present ratification is and shall be as valid and sufficient to the said Sir John for receiving and uplifting the said pension during his said lifetime as if the said gifts were herein at length word for word mentioned and contained, notwithstanding the same are not engrossed and inserted herein, regarding which, and all faults and imperfections of the said gifts or that in any way may be objected against the same, his majesty, for his highness and his successors, has dispensed and, by this ratification, with advice and consent of the said estates of parliament, dispenses for now and ever.
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Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the mortification granted by his majesty to the schoolmasters of Auchtertool of the sum of £92 Scots money, which is the feu duty of the lands and barony of Auchtertool, and was paid forth thereof to the late bishops of Dunkeld, now fallen in his majesty's hands and due to be paid to his highness, with all and sundry heads, clauses and conditions contained in the said mortification of the date at Holyroodhouse, 29 October 1641.
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Our sovereign lord, with advice and consent of the estates of this present parliament, has, for certain causes and considerations moving his highness, ratified and approved and, by the tenor hereof, ratifies and approves all donations, mortifications, other writs, rights and securities whatsoever made and granted in favour of the kirk of Leith upon the north side of the water thereof, and to the ministers serving the cure of the same, present and to come, or in favour of any other person whatsoever to their benefit, declaring the generality hereof to be as effectual as if every particular were expressed and set down herein at length and word for word; and, without prejudice of the generality foresaid, that gift and presentation of the date 25 September last under his highness's privy seal, in favour of Master Andrew Fairfoul, present minister of the said kirk, whereby his highness presented him minister thereto, and to the stipend whereto he and his predecessors were in possession, and in augmentation thereof mortified and conveyed to him and his successor ministers of the said kirk 33 bolls and the fifth part of three bolls of half wheat, half barley, payable by Master William Napier of Wrightshouses. Item, 16 bolls and the fifth part of three bolls payable by [...] Kincaid of Wariston. Item, 23 bolls of barley payable by Master John Oliphant, advocate, and 12 bolls of wheat by [...] Kirkwood of Pilrig, together with the letters of collation and instrument of institution with all other writs, rights and securities following thereupon in all the heads, clauses and conditions thereof, and admits the generality foresaid to be as sufficient as if the said writs and evidents were inserted and set down herein at length. Likewise our said sovereign lord, with consent foresaid, has dissolved and dissolves the particular bolls of victual above-written given in augmentation foresaid from his highness's crown, and annexes the same to the said kirk of Leith to be peaceably possessed and enjoyed by the said Master Andrew and his successor ministers thereat in all time coming.
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Our sovereign lord, with consent of the estates of this present parliament, considering that there was a late supplication given in to the late general assembly held at Edinburgh at the instance of Sir Alexander Carnegie of Balnamoon, for himself and in name and on behalf of his tenants of his lands of Careston and Pitforkie, heritably pertaining to him, making mention that whereas the said Sir Alexander, taking Christianly to his consideration the ignorance of his tenants, and seriously considering and pondering with himself, finding the case, cause and occasion thereof to proceed from the distance of their dwelling to their parish kirk of Brechin, therefore, for the glory of God and benefit of his said tenants, he has built a kirk upon his own expenses in a fit and commodious place for all the inhabitants of the said lands of Careston and Pitforkie, which has so been acknowledged by the late synodal assembly of the sheriffdom of Forfar held at Dundee in April 1639, as Master Andrew Wood, moderator of the said synod, with diverse others, will testify, and that by consent of the ministers of Brechin it was thought expedient that the said lands of Careston and Pitforkie should be disjoined from the said parish of Brechin and erected in a separate and distinct parish by itself, and therefore desired the said late general assembly to dismember the said lands of Careston and Pitforkie, with their whole pertinents and pendicles, from the said parish kirk and parish of Brechin, and to erect the same in a separate parish by itself to be served there in communion, baptism, marriage, preaching, catechising, burial and other necessaries as pertains to a parish and parish kirk by itself, for God's glory and ease and happiness of the said Sir Alexander and his tenants of the said lands. Which supplication being openly read in presence of the said assembly and found by them to be reasonable, notwithstanding that Master Laurence Skinner, minister at Navar, for himself and in name and on behalf of Patrick Maule of Panmure, to whom the whole lands within the said parish pertains in property and superiority respectively, compeared and gave in reasons wherefore the said lands should not be dismembered from the said kirk and parish, as also that notwithstanding that Robert Dempster, commissioner of Brechin, in name of the said burgh and parish of Brechin, gave in a supplication to the said assembly for staying of the dismembering of the said lands from the said parish and parish kirk of Brechin. And after the said parties were heard upon their reasons and supplication, the said assembly granted the desire of the said Sir Alexander Carnegie's bill and supplication, and referred the same to this present parliament without prejudice either to the said Master Laurence Skinner, minister at the said kirk of Navar, or his successors, to the said Laird of Panmure, or to the town of Brechin of their civil rights and rights to the teinds according to the protestations made by them at the giving in of the rights above-written, and without prejudice to the said Sir Alexander Carnegie, according to his protestation, who protested against the said protestations, and also that the same might in no way be prejudicial to what security he had, or was to have, of his teinds before the judges ordinary according to the law, as an extract of an act of the said assembly of the date 13 August 1639 at more length bears. And his majesty and estates of parliament, finding the desire of the said supplication and act foresaid of the said assembly not only to be reasonable but also expedient for the great well and ease of the said Sir Alexander and his tenants of his lands foresaid in repairing to the kirk of God and divine service, and for baptising, marriage, burial and receiving of the communion, therefore have dismembered and, by this act, dismember the said lands of Careston and Pitforkie, with their whole pertinents and pendicles and whole inhabitants of the same, from the said kirk and parish of Brechin and have erected and, by this act, erect the same in a separate parish by itself, and appoint and ordain the inhabitants of the said lands, with the pertinents, to repair to the said new kirk built by the said Sir Alexander upon the said lands of Careston, called and to be called in all time coming the kirk of Careston, as their parish church in all time thereafter for divine service, receiving of the sacraments and to use the kirkyard thereof for burial of their dead†, according to the foresaid act of the general assembly in all points, and without prejudice of the said parties henceforth of their protestations and rights respectively specified in the said act of the general assembly, and in manner according to the said act.
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Our sovereign lord, with consent of the estates of this present parliament, ratifies and approves the letters of mortification made and granted by his majesty to the minister of the newly erected kirk of Careston and his successor ministers thereat in all time coming, whereby the teind sheaves of the lands of Overcareston and Pitforkie, with their pertinents, and also the teind sheaves of the lands of Balnabreich, with their pertinents, are given, granted, conveyed and mortified to the said minister of the said newly erected kirk of Careston and his successor ministers thereat, perpetually in all time hereafter, the said teind sheaves extending respectively yearly to 45 bolls, two firlots of victual, two parts of meal and a third part of barley, and £45 Scots money, as the same are and have been in use paid yearly to [Walter Whitford], late pretended bishop of Brechin, as the said letters of mortification of the date at Holyroodhouse, 2 November 1641 at length bear. And ordains the said teind sheaves, teind bolls and teind silver above-written to remain with the said newly erected kirk of Careston, present minister thereat and his successors as a part of their patrimony and benefice in all time coming, and for this effect, our sovereign lord and estates of parliament have dissolved and hereby dissolve the same teind sheaves, teind bolls and teind silver above-written from his majesty's crown and patrimony thereof, and from the said bishopric of Brechin, and from all other benefices whatsoever to which the same was annexed or pertained, to be intromitted with and uplifted by the minister at the said new erected kirk of Careston and his successor ministers thereat according to the foresaid mortification above-mentioned.
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Our sovereign lord and estates of this parliament presently convened ordain an act to be made therein, ratifying and approving the letters of gift made and granted by our said sovereign to Master Thomas Mitchell, minister at Turriff, of the date 8 November instant, whereby our said sovereign lord, for the considerations therein mentioned, has given, granted and conveyed to the said Master Thomas Mitchell, his heirs, executors or assignees, in contentment and satisfaction of his bygone damage and loss, all and whole the ferms, kanes, customs, silver duties and other duties of the bishopric of Ross, crops and years of God 1638, 1639, 1640, and 1641 as yet resting owed and unpaid by the vassals and others due and in use of payment thereof, in the whole heads and points thereof, and after the form and tenor of the same in all points.
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Our sovereign lord and estates of parliament ratify and approve and perpetually confirm the decreet given and pronounced by the commissioners of parliament appointed for plantation of kirks upon 24 January 1618, regarding the uniting of the kirk of Moy to the kirk of Dyke, both lying within the diocese of Moray, and regarding the modifying of a stipend to the minister serving the cure at Dyke, to which Moy is united, of the quantity contained in the said decreet in that head, article and clause of the foresaid decreet, whereby the said commissioners of parliament, with consent of Alexander [Douglas], bishop of Moray for the time, has found, declared and determined the right of presentation of the minister to the said kirk of Dyke, to which the kirk of Moy is united as said is, to pertain and belong to the late Alexander [Seton], earl of Dunfermline, lord Fyvie and Urquhart, chancellor of Scotland, patron of the said kirk of Moy, and to his heirs and successors in the same right of patronage, notwithstanding of the union foresaid of the said kirk of Moy to the said kirk of Dyke in all time thereafter, as the said decreet in that head and article thereof bearing the production of the said late Earl of Dunfermline, his infeftment and right of patronage of the foresaid kirk of Moy, of the date above-written, more fully purports; together with the same infeftment, and right of patronage granted to the said late Alexander, earl of Dunfermline, of the patronage of the said kirk of Moy formerly produced by him in the decreet above-mentioned, with all other infeftments, dispositions, tacks, rights and titles whatsoever granted to the said late Alexander, earl of Dunfermline, or to Charles, now earl of Dunfermline, of the advocation, donation and right of patronage of the said kirks of Moy and Dyke and teinds thereof in the whole heads, articles, clauses, conditions and circumstances of the same. Likewise our sovereign lord and estates of parliament foresaid will and declare that this present ratification is and shall be as valid and sufficient as if the foresaid infeftments, dispositions and others above-specified hereby ratified were inserted at length and word for word herein, concerning which, our sovereign lord and estates of parliament dispense for ever; and also ordain and declare that the foresaid infeftments, dispositions and other rights and titles of the patronage above-written, hereby ratified with this present ratification thereof, shall be sufficient and valid rights to the said Charles, now earl of Dunfermline and his heirs and successors for holding and possessing of the foresaid patronage and others contained therein, according to the tenor of the same in all points.
[1641/8/337]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ordain an act to be made 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 tack and assedation set and granted by our said sovereign lord, for himself and as heritable proprietor of the whole entire lordship and regality of Dunfermline, to his majesty's trusty and well-beloved cousin Charles, earl of Dunfermline, lord Fyvie and Urquhart, his heirs, assignees and subtenants, of all and whole the said lordship and regality of Dunfermline and all lands, mills, woods, fishings, towns, burghs, annualrents, tenements, customs great and small, kirks, teinds great and small, tenants, tenancies, as well in burgh as landward, teinds, ferms, duties, feu duties, feu ferms, teind duties, profits, emoluments, casualties and others whatsoever pertaining or annexed thereto or to the patrimony thereof, or which may pertain or are known to pertain to his majesty as lord of the said regality and lordship of Dunfermline by any manner of way, or which ever did at any time bygone pertain to his majesty's late dearest mother [Anne of Denmark], as Lady of Dunfermline, or to his majesty's late dearest father, [James VI], by any acts of parliament or otherwise howsoever, or to the abbots, convent and monastery thereof of old, either out of the lands, teinds or any others whatsoever belonging thereto, or held of the same, and that for the whole space, years and crops of three nineteen years and crops next and immediately following the said Charles, earl of Dunfermline or his foresaids, their entry thereto, which entry is declared by the said tack to have been and begun the crop and year of God 1639, and so forth to be peaceably possessed, enjoyed, uplifted and intromitted with by him and his foresaids until the foresaid whole space of three nineteen years and crops be fully and completely outrun and completed, without interval or break of terms, providing always that within the said letter of tack be in no way comprehended the lordship and regality of Musselburghshire, with the annexes and connexes thereof, tenants, tenancies, service of free tenants, kirks, teinds great and small, lying within the sheriffdom of Edinburgh, but that the same shall be excepted out of the said tack and assedation for the yearly payment of the tack duty mentioned therein, as the said letter of tack of the date 25 June 1641, containing therein diverse other heads and conditions, in itself more fully purports. Likewise our said sovereign lord and estates of parliament, for his majesty and his highness's successors, ratify, approve and perpetually confirm his majesty's letters of explanation and declaration granted by his majesty of the date at Holyroodhouse, 10 November instant, whereby, for clearing and removing of all scruple and question which might occasion or fall out concerning the foresaid tack or the meaning and extent thereof, and that the said earl of Dunfermline may the more conveniently and commodiously possess and enjoy the said whole lordship of Dunfermline and rents thereof, together with all casualties and emoluments and everything else belonging, or which may accrue, fall, appertain and be acquired thereto during the whole space of the foresaid tack, his majesty ordained and declared that the foresaid letters of tack, with the foresaid explanation of the same, should be a valid right to the said earl and his foresaids for possessing of the said lordship and everything belonging thereto, according to the said tack; and also for enjoying and uplifting of all grassums, doubling of feu duties at the entry of heirs and all other casualties, interest and profits which may accrue and belong to our said sovereign lord or his highness's successors as proprietaries or superiors of the said lordship of Dunfermline for the entry and receiving of heirs and vassals by whatsoever manner of way, during the space of the said tack; and also for enjoying of all services of tenants and vassals and of the profits of their wards, marriages, non-entries and relief, and for pursuing, for enjoying and exacting of the benefit of clauses irritant and of the common law and act of parliament for non-payment of feu duties in due time, and for pursuing and obtaining of declarators thereupon; as also for pursuing and following of improbations, reductions and other actions competent for reducing of the said lordship of Dunfermline and rent thereof to the best value, the said benefit of all which premises our said sovereign lord by the foresaid explanation has willed, ordained and declared to belong and pertain to the said Earl of Dunfermline and his foresaids during the whole space of the said tack, as the said letter of explanation, bearing likewise a bailiary in favour of the said Earl of Dunfermline for receiving and entering of heirs, vassals and feuars upon retours, precepts of clare constat, resignations, comprisings or any other manner of way, of the date above-written, at more length purports, in the whole heads, clauses, articles, conditions and circumstances of the same, in all, by all things in form and effect, as is therein expressed (except before excepted). And further, our said sovereign lord and estates of parliament declare and ordain this present ratification and confirmation of the foresaid tack to be as valid, effectual and sufficient to the said Charles, earl of Dunfermline and his foresaids as if the said letter of tack and other letters of explanation thereof and gift above-written were both herein inserted and engrossed word for word, concerning which, and with the not inserting of the same at length as said is, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever. And further, our said sovereign lord, with consent of the said estates of parliament, finds, ordains and declares that the foresaid letter of tack and assedation and explanation thereof and other gift above-written, together with this present ratification of the same, are and shall be valid, undoubted and sufficient rights and titles to the said earl of Dunfermline and his foresaids for holding, enjoying and possessing of the said whole lordship and regality of Dunfermline, and all other lands, teinds, feu duties and other duties, mills, woods, fishings, casualties and others foresaid, according thereto and after the form and tenor of the same, in all points (except before excepted), and that the same are and shall be valid, sufficient and undoubted rights and titles to the said earl of Dunfermline and his foresaids for possessing, enjoying, exacting, uplifting of all grassums, doubling of feu duties at the entry of heirs, and all other casualties†, interest, profits and commodities which may fall to, pertain and belong to our said sovereign lord or his highness's successors as lords proprietaries and superiors of the said lordship and regality of Dunfermline for the entry and receiving of heirs and vassals upon retours, precepts of clare constat, comprisings, resignations, adjudications or any other manner of way of changing vassals, heritors or feuars whatsoever during the whole space foresaid of the same tack and until the complete conclusion and expiring thereof, and that according to the foresaid tack, explanation and other gift above-mentioned and according to the tenors thereof in all points, and also that the same is and shall be valid and sufficient rights and titles for possessing, enjoying uplifting, receiving, exacting, pursuing for and conveying upon of all services due by the heritors, feuars, tenants and vassals of the said lordship by virtue of their infeftments and other rights held thereof, with the benefits and profits of the wards, marriages, non-entries and relief if any shall become vacant or fall during the said space, and also for pursuing, enjoying and exacting the benefit of all clauses irritant and for the benefit of the common law and act of parliament for non-payment of feu ferms in due time and for pursuing and obtaining of declarators thereupon, as also for pursuing and following of improbations, reductions and all other actions competent for reducing and restoring the rent, condition and estate of the said lordship and regality of Dunfermline to the best value and ancient integrity thereof, and that according to the tenors, provisions and conditions of the foresaid letter of tack, explanation and other gift respectively above-written in all points as said is, and also finds and declares that the same are and shall be good rights and warrants for the said Earl of Dunfermline and his foresaids or their commissioners to enter and receive heirs, vassals or feuars by any manner of entry whatsoever by virtue of the letter of bailiary foresaid and according thereto in all points, and that the same shall be a good and lawful ground, according to the tenor thereof, for the vassals, feuars and heirs to enter by any manner of way by the said earl and his foresaids or by their commissioners to be lawfully constituted by him and his foresaids for that effect, and ordains this ratification to be good, valid and effectual to the said Earl of Dunfermline and his foresaids in manner and to the effect above-mentioned.
[1641/8/338]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the three charters and contract respectively after-specified, namely: the charter made and granted by his majesty under his highness's great seal of the date at his highness's court of Whitehall, 16 March 1638, to his majesty's right trusty cousin and councillor William, earl of Morton, lord Dalkeith, one of the most honourable order of the knights of the garter, his male heirs and assignees, of the barony, lordship, regality and earldom of Morton to be held comprehending the lands, baronies, burghs of barony, regality, rights of patronages, seaports and others mentioned in the said charter, all to be held of his majesty and his successors in free blench, fee heritage, free barony and regality forever, for payment of one penny usual money of this realm of Scotland at the principal messuage, manor place of Aberdour, at the feast of Whitsunday [May/June], in name of blench ferm, if it be asked only, notwithstanding that some of the lands, baronies and others specified therein were formerly held by the said William, earl of Morton and Robert, lord Dalkeith, his son, or either of them, of his majesty and his most noble progenitors by service of ward and relief or by some other manner of way. The contract and appointment passed between his majesty, with consent of his highness's trusty councillor Sir James Carmichael of that Ilk, knight, his majesty's depute treasurer, comptroller, collector and treasurer depute of his highness's new augmentations of the said kingdom of Scotland, and of the other lords of his majesty's exchequer of the said kingdom, his highness's commissioners, and of John [Stewart], earl of Traquair, lord Linton and Caberston, and the said Earl of Traquair, for his own right and interest in and to the lands and others mentioned therein, on the one part, and the said William, earl of Morton on the other part, of the date at Knightsbridge, Whitehall and Holyroodhouse respectively, 24 June and 15 September 1641, whereby his majesty, with consent foresaid, renounced the bond of alienation and contract therein inserted, made by the said William, earl of Morton and his said son and their spouses in favour of his majesty and his highness's successors of the lands and barony of Dalkeith, Lugton and Sheriffhall mentioned therein, with the teinds and pertinents thereof specified therein and the procuratories of resignation for remaining respectively contained therein, and instruments of resignation following thereupon, with all infeftments and other securities following or appointed to follow upon the same, and by the which last contract his majesty, with consent foresaid, has promised to pass new infeftments in favour of the said Earl of Morton, his male heirs and assignees of the lands, teinds and others foresaid formerly conveyed by him to his majesty in form and manner mentioned in the said contract. And the two charters following upon the said contract under his highness's great seal, both in favour of the said Earl of Morton and his above-written, the one thereof of the lands, lordship, barony and regality of Dalkeith comprehending the lands, lordship, baronies, regality, patronage and others particularly specified therein, to be held of his majesty and his highness's successors in fee heritage, free blench, free lordship, free barony and free regality forever, for yearly payment to his majesty and his highness's successors of one penny usual money of the said realm of Scotland at the principal messuage of Dalkeith at the feast of Whitsunday, in name of blench ferm, if it be asked only, and also for yearly payment to the minister of the kirk of Dalkeith and his successor ministers thereat for the teinds mentioned therein of the duties presently due and owing and used to be paid to them out of the said teinds, notwithstanding that some of the said lands, lordship, baronies and regality were formerly held of his majesty by some other manner of way of holding and were not formerly erected in free regality; and the other of the lands and barony of Sheriffhall therein contained, with the teinds and pertinents thereof specified therein, to be held of his majesty and his successors in fee heritage, free blench and free barony forever, for yearly payment to his majesty and his successors as lords of the lordship and regality of Dunfermline, for the lands and barony of Sheriffhall, of old united in the said barony of Sheriffhall, of two pounds of pepper at the feast of the Nativity of our Lord [25 December] in name of blench ferm only, and for the teinds mentioned in the said charter of one penny usual money of the said realm of Scotland upon the ground of any part of the said lands at the feast of Whitsunday, in name of blench ferm, if it be asked only, which two charters are both dated at Holyroodhouse, 15 September 1641 foresaid, in all points, articles and clauses therein contained after the forms and tenors thereof. And declares this present ratification of the said contract and charters respectively to be as sufficient in all respects as if the same were at length and word by word inserted and engrossed herein, dispensing by this ratification with the not inserting thereof. And further declares, statutes and ordains that the contract and charters respectively above-specified, with the said Earl of Morton's former rights, securities and infeftments of the lands and others foresaid, are and shall be sufficient and valid rights and securities to the said Earl of Morton and his foresaids for possessing and enjoying of the lands and others therein expressed, to be held in manner therein contained, notwithstanding that some of the lands and others contained in the said charters and infeftments thereby appointed to be held hereafter in free blench and regality were formerly held by service of ward and relief or some other manner of holding, and notwithstanding all other objections, impediments and defects that may be proposed or alleged against the validity thereof, concerning which, his majesty, with consent of the estates of parliament, has dispensed and, by this ratification, dispenses for ever. And likewise his majesty, with consent of the said estates, wills and declares that this present ratification of the said contract and charters shall be as valid and effectual to the said Earl of Morton and his foresaids as if the same had been granted by his majesty with consent of the said estates from the beginning.
[1641/8/339]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm a feu charter and infeftment granted by the bailies, council and community of the burgh of Dumbarton in favour of the late John Robertson, burgess of the said burgh, of the date at Dumbarton, the [...] day of May, 15[...], of and concerning the corn mill in town end, multures and sequels etc, together with a contract and appointment made and subscribed between the bailies, with consent of the council and community of the said burgh on the one part, and John Semple, then styled of Corinth, now of Stainflett, provost of the said burgh, on the other part, of the date at Dumbarton, 27 August 1605, registered in the books of council and session upon 28 July 1613, with the charter and sasine following thereupon, whereby the said bailies, with consent foresaid, did ratify and approve the foresaid feu charter and infeftment of the said mill in town end, multures and sequels, mill lands, mill dam, inlair†, watergang† etc., but also of new sold and conveyed the said corn mill, multures, sequels, mill lands, mill dam in favour of the said John Semple, lineal heir and lawful successor of the said late John Robertson, his great-grandfather, in all the heads and articles and clauses thereof, with the infeftment following thereupon, dispensing with the generality hereof, and ordain this ratification to be as valid, effectual and sufficient to the said John Semple, his heirs and assignees as if the foresaid feu charters, contract, infeftments and sasines following thereupon were herein set down and engrossed word for word. And further our said sovereign lord and estates foresaid statute and ordain that the said feu charter, with the said contract, infeftments and sasine following thereupon, are and shall be a good, valid and sufficient right to the said John Semple, his heirs and assignees and successors for holding and possessing of the said mill, multures, sequels and others contained in the said securities according to the tenors thereof in all points.