[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.