Ratification in favour of Heriot's Hospital

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'.

  1. NAS, PA2/22, f.230r-231r. Back