[1641/8/348]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that forasmuch as it has pleased his sacred majesty to give, grant and convey to the provost, bailies and council of the burgh of Perth and their successors for the use of building of their bridge situated upon the water of Tay, all and whatsoever sums of money resting owed to his majesty of whatsoever taxation granted by his majesty or his late father of eternal memory at any time preceding the month of June 1633, and that as well the ordinary as extraordinary of annualrents with whatsoever sums of money and victual due to his majesty for whatsoever bygone feu mails, feu ferms and other duties of his majesty's property and proper lands and of the kirk lands annexed to the crown and blench duties of erected lordships of whatsoever years and terms preceding 1 January 1641 in manner specified in the signature superscribed by his majesty relating thereto to be passed his majesty's privy seal, dated [...] November instant. And forasmuch as his majesty and estates think the course for re-edifying the said bridge most fit and expedient, therefore his majesty and estates of parliament ratify, approve and confirm the foresaid signature and gift 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 said provosts, bailies and council of the said burgh of Perth, present and to come, as if the foresaid signature and gift therein were word by word inserted herein, concerning which, and with all that may follow thereupon, his majesty and estates of parliament dispense for ever, to the effect the foresaid taxation, sums of money, feu and blench duties, victual and others conveyed in the foresaid signature may be uplifted by the said provost, bailies and council of Perth and their commissioners or factors in their names for the use of the building of the foresaid bridge in manner specified in the said signature.
[1641/8/349]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, has ratified and approved and, for his majesty and his successors, perpetually confirmed, likewise his majesty, by the tenor of this present act, with advice and consent of the said estates, ratifies, approves and confirms the gift, infeftment and confirmation granted by his majesty's most noble progenitor King James IV of worthy memory, in favour of the burgesses and inhabitants of the burgh of Whithorn, whereby he not only ratified three charters given by his most noble progenitors King Robert [the Bruce] and King David Bruce of good memory, whereby the said town of Whithorn was made, created and confirmed a free burgh with markets every week and public fairs once in the year, with all other privileges of a free burgh, with the small customs and others contained therein pertaining to the port and isle of Whithorn, but also the said King James IV has of new made, created and of new infeftment confirmed the said town of Whithorn and bounds thereof in a free burgh called the burgh of Whithorn forever in all time coming, willing also and granting that the burgesses and inhabitants within the said burgh present and to come should be as free in all time coming as any other burgesses of any of his majesty's free royal burghs, and that they shall have and possess within the said burgh market crosses and market days every Saturday weekly, as also fairs† yearly at the feast of St Peter in the month of June, and that for the space of eight days, with the customs, privileges and all other liberties pertaining to a free fair or may be known to pertain thereto in any time coming. And with power to pack and peel within the said burgh their merchandise and goods, and also to load and unload the said merchandise and goods in ships at the said isle and port of Whithorn as the port and station of ships belonging to the said burgh, with all privileges pertaining to the said port, and with power to buy and sell within the said burgh wine and wax etc., and to have bakers, brewers etc., and with power yearly to the burgesses and inhabitants within the said burgh to elect and choose provost, bailies, serjeants and other officers necessary for governing of the said burgh, with all and sundry other privileges belonging to a free burgh, as freely as any other free burgh within this realm holds, possesses or is infeft into, as in the said gift, infeftment and confirmation, dated at Edinburgh, 1 May 1511, at length is contained. Together also with another ratification granted in the parliament held at Edinburgh, 18 June 1515, by the which [John Stewart, duke of Albany], lord governor, with advice of the lords of parliament then being present, ratified and approved the said confirmation made by King James IV of good mind, of the privilege granted to the said burgh of Whithorn, making the same a free burgh of the date foresaid as a ratification granted under the testimony of his majesty's great seal, ratifying the said act of parliament, of the date 27 July 1518 likewise at length bears, in the whole heads, articles, clauses, circumstances and conditions thereof. And hereby our said sovereign lord, with advice and consent of the said estates, wills and grants that this present ratification is and shall be as valid and to have as great force, strength and effect to the burgesses and inhabitants of the said burgh of Whithorn for possessing of their liberties contained in their said infeftments and rights and according thereto as if the said charter and confirmation following thereupon were at length inserted herein, concerning which, and all defects and objections that may be proposed in the contrary, our said sovereign lord, with advice and consent of the said estates, dispenses for ever.
[1641/8/350]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament now convened, by this legislation, ratifies and approves the infeftments and other rights made and granted by his majesty or his highness's predecessors or by any abbots or bishops for the time or by whatsoever others to and in favour of his majesty's right trusty cousin and councillor James, lord Livingstone of Almond and Callander, and his predecessors or authors of or concerning the lands and barony of Falkirk, comprehending the towns, lands and others contained in the infeftments thereof, lying within the sheriffdom of Stirling, and of the liberty and privileges of a regality, free chapel and chancellery and office of heritable bailiary and justiciary of the same lands and barony, and within the whole bounds thereof, with all fees, casualties, profits and duties pertaining and belonging thereto, and of the advocation, donation and right of patronage of the parish kirk of Falkirk and of the kirks of Muiravonside and Denny, which are pendicles of the same kirk of Falkirk of old annexed thereto, as well parsonage as vicarage thereof, with all and sundry teind sheaves and small teinds of the said kirks and pertinents thereof, lying within the sheriffdom foresaid; and of all and whole the lands and barony of Ogilface, comprehending the towns and others contained in the infeftments thereof, lying within the sheriffdom of Linlithgow, with the heritable office of bailiary and justiciary within the whole bounds of the same lands, and that in the whole heads, articles, clauses, conditions and circumstances of the same rights and infeftments, which in any way may be conceived in favour of the said James, lord Almond, his heirs and successors, saving and reserving to his majesty and his highness's successors the duties, rights and services used and wont to be paid to his majesty and his highness's predecessors for the lands and others foresaid before this present confirmation. Moreover, our said sovereign lord, with consent of the estates foresaid, wills and grants and, for his majesty and his highness's successors, decrees and ordains that this present general ratification of the said infeftments and rights of the lands, baronies, rights, offices and others above-written is and shall be as valid and sufficient to the said James, lord Almond, his heirs and successors as if the same with the whole dates, tenors and contents thereof were all word by word and at length inserted herein, concerning which his majesty, for his highness and his majesty's successors, has dispensed and by this ratification dispenses. And further, his majesty, with consent foresaid, decrees and ordains the same infeftments and rights to stand good, valid and effectual to the said James, lord Almond and his foresaids in all time coming, notwithstanding of any act of parliament in the contrary or which in any way may be prejudicial to the validity of the said rights, and ordains a new right and infeftment of the same lands, baronies, right of patronage, offices and privileges respectively above-specified to be granted, passed and completed under his majesty's great seal to the said James, lord Almond, his heirs and successors whensoever they shall require the same, which our said sovereign lord, with advice and consent foresaid, for his majesty and his highness's successors, now as then and then as now, by this legislation ratifies and approves, according to the tenor thereof, in all points.
[1641/8/351]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the two separate infeftments and charters both made, given and granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurers, comptrollers and collectors principal and deputies and other lords of his highness's exchequer of Scotland, his highness's commissioners, the one thereof to and in favour of the late Laurence Scott of Harperrig, advocate, his male heirs and assignees whatsoever heritably, of all and sundry the lands of two Bavelaws, alias Bewlais, commonly called Easter and Wester Bavelaw, with the tower, fortalice, manor place, houses, buildings, yards, meadows, parts, pendicles and pertinents thereof whatsoever, lying within the sheriffdom of Edinburgh, upon the resignation of the late Sir Walter Dundas of that Ilk, knight, to be held of his majesty and his highness's successors in fee and heritage in manner specified in the said charter, which is under his highness's great seal of the date 15 March 1628; and the other of the said charters made and granted to Master Laurence Scott, now of Bavelaw, third lawful son to the said late Laurence Scott, then of Harperrig and the male heirs then lawfully to have been procreated of his own body, which failing, to Master William Scott of Clerkington, eldest lawful son to the said late Laurence, and his nearest and lawful male heirs and assignees whatsoever heritably, of all and sundry the lands and others underwritten, namely: of all and sundry the lands of Buteland and Buteland Hill, comprehending therein the lands of Overton of Buteland, the lands of Nether Town of Buteland, the lands of Buteland Hill and the lands of Loanhead, with all and sundry the houses, buildings, yards, tofts, crofts, outsets, parts, pendicles and pertinents thereof whatsoever, lying within the parish of Currie and the said sheriffdom of Edinburgh; and of all and sundry the said lands of the two Bavelaws, alias Bewlais, commonly called Easter and Wester Bavelaw, with the tower, fortalice, manor place, houses, buildings, yards, meadows, parts, pendicles and pertinents thereof whatsoever, lying as said is, upon the resignation of the said late Laurence Scott, to be held of our said 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 14 December 1635, as the said two charters of the dates respectively foresaid in themselves at more length bear; with the procuratories and instruments of resignation whereon the said charters and either of them proceeded and precepts of sasine and instruments of sasine following upon the said charters, and either of them, 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 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 and rights specially and generally above-written is and shall be of as great force, strength and effect to the said Master Laurence Scott, his male heirs and of tailzie above-specified, for possessing and holding of the said lands and others above-written in manner contained therein perpetually, as if the same charters and rights were all at length word for word herein engrossed and contained, notwithstanding the same be not so done, concerning which, and with all other defects, imperfections and objections which may be proposed against the said charters and rights, or any of them, and validities 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.
[1641/8/352]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment under the great seal granted by his majesty in favour of his majesty's right trusty cousin James, earl of Home, lord Dunglass, his male heirs and assignees whatsoever, of the lands and barony of Duns with the burgh of barony thereof, with the whole liberties and privileges contained therein, which is of date 31 July 1637, in the whole heads, articles and clauses thereof, and wills this present ratification to be as effectual as if the same were word by word inserted herein. Moreover, because it is commonly known to his majesty and estates that the said burgh of barony of Duns has in all times bygone, past memory of man, been reputed and held to be the chief and head burgh of the sheriffdom of Berwick, at the which all proclamations, denunciations of horning and inhibitions have been and are made, therefore, his majesty and estates of parliament ratify and approve all the privileges of the said burgh, and declare the same to be in the chief place and room of the said head burgh of the said sheriffdom of Berwick, and that there shall be no necessity for the lieges to any proclamations, inhibitions or any of the like nature at any other head burgh.
[1641/8/353]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve the charter and infeftment of confirmation made and granted by his majesty's late dearest father, King James VI of happy and blessed memory, under the great seal of this his highness's kingdom of Scotland, to the provost, bailies, council and community of the burgh of Dunbar, ratifying, approving and confirming to them the charters and infeftments therein expressed, with the precepts and instruments of sasine following thereupon, and other rights, title and securities particularly and generally mentioned therein, and also of new giving, granting, conveying and confirming to the said provost, bailies, council, burgesses, community and incorporation of the said burgh and their successors all and whole his majesty's burgh royal of Dunbar, which was, is and shall be in all time hereafter a free burgh royal and the burgesses and inhabitants thereof to enjoy the liberty of free burgesses as well as any other burgesses of free burghs royal within this kingdom, with the free ports and sea places of Belhaven, Lammerhaven and Lamercraige, and all bulwarks made or to be made thereon, together with all other crags, islands, lands, places and creeks between the foresaid ports of Belhaven and Lammerhaven, and also all other sea places and parts within the bounds, territory and jurisdiction of the said burgh; and also all and whole the lands called Burrowdailles and all other burgh acres, houses and lands belonging to the said burgh, with all mills, mill lands, pasturages, tenants, tenancies, houses, buildings, yards, ways, passages, cuningars, lochs, lades†, stanks and all their pertinents and with common pasturage, pulling heather, leading and transporting thereof, and of fuel, fail and divot upon and within the whole bounds or any part of the common muir called Dunbar Commonty, and all other privileges, liberties, profits and commodities used and wont; and with all and sundry tolls, customs, impositions, anchorages, duties, casualties, liberties, commodities, privileges and others particularly and generally mentioned in the said charter, to be held of our said sovereign lord and his highness's successors in free burgh royal and heritage forever, which charter is of the date 23 October 1618, together with the precept and instrument of sasine following thereupon, and all and sundry other charters, infeftments, evidents, writs, rights, titles and securities whatsoever made and granted to the said provost, bailies, council and community of the said burgh of or concerning the same burgh, liberties and privileges thereof, parts, pendicles and pertinents pertaining and belonging thereto, in the whole heads, 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 provost, bailies, council and community of the said burgh of Dunbar and their successors as if the said charter, precept and instrument of sasine and other evidents, writs, rights, titles and securities, particularly and generally foresaid, and every one of them, were at length word by word engrossed and set down herein, concerning which his majesty and estates foresaid have dispensed and, by this ratification, dispense for ever.
[1641/8/354]*[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 union, annexation and incorporation 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 majesty's great seal, to his highness's right trusty cousin and councillor James [Hamilton], marquis of Hamilton, earl of Arran and Cambridge, lord Avon and Innerdale, his male heirs and assignees whatsoever heritably and irredeemably without any manner of reversion, redemption or regress whatsoever, of all and whole the lands and barony of Monkland underwritten, containing the lands, mills, and others after-rehearsed with the property, superiority and tenancy of the same, as they are particularly after designed, namely: of all and whole the lands of Petersburn and Broomy Side and the property thereof, with the mill of Petersburn, mill lands, multures and sequels of the same, with the castle, tower, fortalice, manor place, houses, buildings, yards, orchards, tofts, crofts, outsets, dovecots, coals, coal pits, woods, forests, parks, pasturages, parts, pendicles, annexes, connexes, dependencies and all their pertinents, as also of all and sundry the lands of Rochsolloch, Gartlea and Arnbutkuill†, the lands of Airdrie and mill of the same, the lands of Rawyards, the lands of Kippsbyre, the lands of Bradanhill, the lands of Gravarie and Garcluseane†, the lands of Glentore, the lands of Kipps, the lands of Dundevane and Denebanke, the lands of Souterhouse and Piddochane† and superiority of the same, with parts, pendicles, tenants, tenancies, service of free tenants and all their pertinents, together with advocation, donation and right of patronage of the parish kirks of Calder and Monkland, all lying within the barony of Monkland and sheriffdom of Lanark, and to be held of our sovereign lord and his highness's successors in fee heritage and free barony and free forest for ever, for the yearly payment to our said sovereign lord and his highness's successors of the sum of £32 13s 4d usual money of this realm of Scotland at the feast of Whitsunday [May/June] in name of blench ferm, and that in part payment of the blench ferm contained in the charter and infeftment of the said barony granted by his majesty's dearest father to the late Sir James Clelland of Monkland, knight, and in the charter and infeftment granted by his highness's said late dearest father to the late Thomas [Hamilton], earl of Haddington, designed thereby Sir Thomas Hamilton of Binning, knight, advocate for the time to his majesty's said late dearest father, author to the said late Sir James Clelland, and for relief of the said late Sir James Clelland, of the said late Thomas, earl of Haddington, their heirs and successors of so much of the said feu ferm as for the proportional part thereof correspondent to the said lands and barony of Monkland, comprehending therein the particular lands above-specified, property, superiority and tenancy thereof respectively and others particularly above-designed only, which charter is of the date at Holyroodhouse, 19 November 1639, 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 thereof in all points. And wills and declares that this present ratification shall be as valid, effectual and sufficient to his majesty's said trusty cousin James, marquis of Hamilton, his male heirs and assignees foresaid as if the charter and 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 said estates of parliament, dispenses for ever.
[1641/8/355]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding how careful his majesty's late dearest father, King James VI of worthy memory, and his most noble progenitors have been in appointing particular fairs and market days to be held within certain places and towns within this realm of Scotland, most necessary to the common welfare thereof and inhabitants of the same, and to which he, considering how necessary it was to have particular fairs and market days to be appointed and set yearly in the town of Dunkeld within the sheriffdom of Perth for buying and selling of cattle, horse, sheep and other bestial and goods accustomed to be sold in the said bounds, to the great profit and commodity to the inhabitants within the same and others resorting thereto for buying and selling, who must be maintained in the said city upon their own expenses, which lies in such a commodious part near to the Highlands from where the bestial and goods are and were in use and custom to come to be sold, for which his majesty's said late dearest father, with advice and consent of the three estates of this kingdom of Scotland, in a parliament held at Perth, 11 June 1606, ratified, approved and confirmed, and also of new gave, granted and conveyed to Peter [Rollock], then bishop of Dunkeld and to the citizens of Dunkeld, the privileges and liberties granted of old to the bishops of Dunkeld and citizens of the said city by him and his noble progenitors of their whole fairs and weekly markets usually held within the said city and freedom thereof, with the whole jurisdictions, freedoms, tolls and customs of the same. And also his majesty's said late dearest father and estates foresaid, being informed how necessary it was to have a market and fair to stand in and about the said city of Dunkeld at Martinmas [11 November] yearly, being a proper time of the selling of goods to the sustentation of the lieges, where a great multitude of the Highlanders would resort rather than to another part, therefore, his highness's said late dearest father and three estates foresaid, by virtue of the said act of parliament, of new gave and granted full liberty to the said bishop of Dunkeld and citizens of the said city of Dunkeld to hold a market and public fair within and about the said city and freedom thereof, to begin yearly upon Monday after Martinmas day and thereafter to continue for the space of eight days, with the whole jurisdictions, freedoms, toll and customs of the same so that the whole lieges and subjects in those bounds might resort thereto for buying and selling, as the said act of parliament at more length purports. And our said sovereign lord, being also of the like goodwill, and also considering how necessary it is to have the particular fairs and market day foresaid kept and fixed in and about the said city of Dunkeld at the times above-specified, therefore his majesty, with advice and consent of his three estates of this parliament, ratifies, approves and confirms the foresaid act of parliament made by his highness's late dearest father of worthy memory and three estates of the said kingdom of Scotland, held at Perth the said 11 June 1606 relating thereto, with the letters of publication raised thereupon of the date at Edinburgh, 30 June 1607, and executions thereof, and also of new again gives, grants and conveys to the said citizens of Dunkeld the privileges and liberties granted of old to the bishops of Dunkeld and citizens of the same city by his majesty's most noble progenitors of their whole fairs and weekly markets usually held within the said city and freedom thereof, with the whole jurisdictions, freedoms, toll and customs of the same, and specially, without prejudice of the generality foresaid, the privilege and liberty to hold the foresaid market and public fair within and about the said city and freedom of Dunkeld, to begin yearly upon the said Monday after Martinmas day and thereafter to continue for the said space of eight days, with the whole jurisdictions, freedoms, toll and customs of the same, so that his majesty's lieges and subjects in these bounds may resort thereto for buying and selling as said is. And also our said sovereign lord, with advice and consent foresaid, ratifies, approves and confirms a charter given and granted by the late Peter, sometime bishop of Dunkeld, with advice and consent of the dean and chapter thereof, to and in favour of the said city of Dunkeld, citizens and indwellers thereof and their successors, for the help and support of their common good, all and whole the lands of Aikinebanke back and fore in so far as oak and birch was wont to grow, with the pertinents, lying in the lordship of Dunkeld and within the sheriffdom of Perth, between the lands of Hallotone† of Tullimille, the barns upon the west, the lands of Auchnagoule and Birkerburne upon the north and the lands of Tullimill upon the south, to be held of them and their successors in feu ferm and heritage forever, paying thereof yearly to them and their successors 13s 4d money usual of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas in winter, by equal portions, and also faithful homage with service used and wont, which charter contains a precept of sasine, and also makes mention in the narrative thereof that the said lands were held of before by the said city, citizens and town of Dunkeld of his highness's said late dearest father by virtue of the act of annexation of kirk lands to the crown in the parliament held at Edinburgh, 29 July 1587, for payment of the feu duty above-written, and thereafter in the parliament held at Perth, [...] July 1606, that the said act of annexation was rescinded and all infeftments, charters and sasines granted by his majesty's said late dearest father to any person in feu or otherwise of kirk lands were ordained to be held of bishops and other kirkmen as they were held before the said act of annexation, the said charter is dated 23 December 1606, together with the instrument of sasine following thereupon, in all and sundry points, heads, articles, clauses, conditions and circumstances whatsoever contained therein, after the forms and tenors, with all that has followed or may follow thereupon, and ordains this present general ratification thereof to be as valid, effectual and sufficient in all respects as if the same were inserted at length herein, concerning which our said sovereign lord, with advice foresaid dispenses for ever.
[1641/8/356]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the letters patent granted by his majesty under his highness's great seal of this kingdom, of the date 22 April 1636, to James Maxwell of Innerwick, one of his majesty's bed chamber, and to John Cunningham of Barns, their heirs and assignees, for erecting and maintaining of a light upon the Isle of May; and for maintenance thereof, have given to them an impost and duty of 2s Scots to be paid upon the tun of all ships and vessels coming within Dunnottar and St Abb's Head by natives, and 4s money foresaid to be paid by strangers, for each voyage in manner and during the space contained in the said letters patent, as the same of the date above-written at more length purports; together with an act of convention of burghs of the date at Edinburgh, 13 September 1639, wherein the said patentors being willing to give all reasonable satisfaction to the commissioners of burghs then convened, they then restricted the foresaid patent and duty above-written contained therein to this quantity, namely: to 18d Scots to be paid by the natives and 3s Scots to be paid by strangers upon each tun of ships and other vessels coming within the foresaid bounds, as also declared that all barks, crayers and other vessels coming from any part within this kingdom within the said bounds or passing to any part within the kingdom during the months of May, June and July, and 15 days of August further for northland victuals, shall be free of all duty whatsoever; likewise the said patentors, by the foresaid act, obliged them, their heirs and assignees not to exact nor seek any greater duty than the restricted duty above-written, but renounced the same greater duty for ever, in respect whereof the said commissioners of burghs, in name of their burghs, obliged them to cause their neighbours make thankful payment to the said patentors of the foresaid restricted duty and to assist them in the uplifting and collection thereof from the natives and strangers whenever they shall come within their bounds and liberties, as also to deliver to the said patentors a list and inventory of the whole ships pertaining to their burghs, with the number and quantity of the tons of each ship, that according thereto the patentors and their foresaids may uplift the said restricted duty during the time of the patent, as the said act of the convention of burghs of the date above-written at more length bears, in the whole heads, articles, clauses, privileges, circumstances, conditions and restrictions mentioned in the foresaid letters patent, and in the said act of convention of burghs respectively foresaid, and that according to the restriction above-written mentioned in the same act for the quantity of the duty and times contained therein and other heads and conditions of the same, and according to the tenor thereof and of the letters patents foresaid so far as the said letters patent are not restricted nor impaired by the foresaid act of the convention of burghs in manner contained in the same act. And also our said sovereign lord and estates of parliament declare that this present general ratification is and shall be as valid and effectual in all points as if the letters patent and act of burghs foresaid were at length and word by word inserted herein, albeit the same be not so done; concerning which our said sovereign lord and estates foresaid hereby dispense for ever and ordain the foresaid letters patent and act of burghs to be good, valid and effectual to the said patentors according to the tenors thereof and according to the restriction and relevant conditions and obligations specified in the said act of burghs, and this present ratification of the same, and ordain letters and execution to be directed upon the foresaid letters patent and act of burghs in manner to the effect respectively mentioned therein and according thereto, and for the restricted duty contained in the said act.
[1641/8/357]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve to and in favour of William, earl of Dalhousie, lord Ramsay etc., the letter of tack and assedation made, set and granted by our sovereign lord, the king's majesty, with advice and consent of his highness's treasurers principal and depute, comptrollers and collectors and other lords of his highness's exchequer of Scotland, to the said William, earl of Dalhousie, his male heirs, assignees and subtenants, one or more, of all and whole the teind sheaves of the town and lands of Abbotshall and Mylnetoune thereof, with all and sundry their pertinents, cottages, outsets and pendicles whatsoever, lying within the regality of Dunfermline and sheriffdom of Fife, for all the days, space, years and terms of two nineteen years, containing 38 crops next after his entry thereto, which was appointed to be and begin at the feast of Lammas [1 August] next, called St Peter's Chains, in this present year 1641, and from thenceforth to be peaceably possessed, enjoyed, teinded, collected, let, used and conveyed upon by the said William, earl of Dalhousie and his foresaids, during the whole space, years and crops above-expressed and until the same be fully complete and together run forth, for yearly payment to be made by the said William, earl of Dalhousie and his foresaids to our said sovereign lord and his highness's successors the sum of £40 usual money of this realm (which was the silver teind duty contained in the former tack of the said teind sheaves) at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions only, as the said letter of tack of the date under the privy seal at Whitehall, 13 February last at more length bears, 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 will, grant, decree and ordain the said tack to be a sufficient right and security to the said William, earl of Dalhousie, his male heirs, assignees and subtenants foresaid, for possessing of the said teind sheaves of the said lands above-written, with the pertinents, during the whole space, years and terms contained therein, for payment of the foresaid yearly duty mentioned therein, according thereto in all points, notwithstanding of whatsoever objections, defects or imperfections that may be proposed or alleged in the contrary; concerning which, our said sovereign lord and estates of parliament have dispensed for them and their successors and, by this ratification, dispense for ever.
[1641/8/358]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve the infeftment and sasine granted to Alexander Gordon of Earlston proceeding upon a retour as heir to the late John Gordon of Earlston, his father, of all [...] merk land of Earlston, the merk land of Mylnetoun, the merk land of Ardoch, the half merk land of Overbartie, the half merk land of Blawquhairn, the merk land of Knockgray, the two merk land with the half merk land of Marbroke, with the tower, fortalice and mill of Earlston, mill lands, multures and sequels thereof, and all and sundry parts, pendicles and pertinents whatsoever of the lands respectively above-written, lying in the lordship of Earlston, parish of Dalry and stewartry of Kirkcudbright; and also of all and whole the half land of Quhatparke†, and of all and sundry the lands of Airds, namely: Over, Middle and Nether Airds, with all and sundry their annexes, connexes, parts, pendicles and pertinents whatsoever, lying in the lordship of Galloway beneath Cree and stewartry foresaid; and also of all and whole the forty shilling land of old extent of Monydow and forty shilling land of old extent of Barmosatie, with houses, buildings, yards, orchards, mills, multures, woods, fishings, parts, pendicles and pertinents thereof, lying in the barony of Kirkpatrick-Durham and stewartry foresaid, which infeftment and sasine is dated 7 and 8 November the year of God 1628; together with the charter and infeftment granted by† the said Alexander Gordon, his heirs and assignees, of all and whole the merk land of Over Glenhoul and half merk land of Nether Barke†, with houses, buildings, parts, pendicles and pertinents thereof, lying within the said sheriffdom of Kirkcudbright, which is of the date the [...] day of [...] 16[...]; and with all and sundry other infeftments, charter, precepts, instruments of sasine, procuratories and instruments of resignation, confirmation and other evidents and writs, rights, titles and securities whatsoever made and granted to the said Alexander Gordon of Earlston or to the said late John Gordon of Earlston, his father, or any of their predecessors and authors of and concerning the lands and others respectively above-written, with the pertinents or any part thereof, of whatsoever dates, tenor or contents the same be of. And in like manner our said sovereign lord and estates of parliament have ratified and approved and, by this legislation, ratify and approve the charter and infeftment of alienation, vendition and disposition contained therein, with the precept of sasine inserted therein and instrument of sasine following thereupon, made, given and granted by the late James Gordon of Markaitnay to the said Alexander Gordon, his heirs and assignees whatsoever heritably, of all and whole the two merk, eleven shilling land and eight penny land of Over Markaitnay, thirty eight shillings and eight penny land of Nether Markaitnay of old extent, with the manor place, houses, buildings, outsets, parts, pendicles and all their pertinents, lying in the said parish of Kirkpatrick-Durham and stewartry of Kirkcudbright foresaid, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage in manner contained therein, which charter and infeftment is dated 10 March 1632; together with the contract of alienation passed between the said James and Alexander Gordon on the one and other parts, whereupon the said charter and infeftment proceeded and of the date thereof foresaid; together also with the decreet and process of apprising led and deduced at the instance of Sir Robert Spottiswood of Dunipace, knight, designed therein of Newabbay, president of the college of justice, against the said late James Gordon and all others having interest, within the tolbooth of Edinburgh upon 4 February 1634, whereby the said land of Markaitnay and lands of Glengapoke, with houses, buildings, yards, orchards, annexes, connexes, parts, pendicles and pertinents thereof, lying in the said stewartry of Kirkcudbright and sheriffdom of Wigtown, and all tacks of teind thereof, decreets and acts of prorogation of the same, and all and sundry reversions, as well legal as conventional, bonds, contracts, obligations, promises, provisions and conditions of reversions and other evidents and writs mentioned therein, made and granted to the said late James Gordon or any of his predecessors and authors, were apprised from him and all others having interest to the said Sir Robert Spottiswood, his heirs and assignees, in payment and satisfaction to him of the sum of £960 money of this realm as principal, and £40 money foresaid as sheriff owing by him to the said Sir Robert in manner expressed therein; together likewise with the lords of council and session their act, allowance and approbation written on the back of the said apprising, dated 26 February 1634, and also with the assignation and disposition of the same decreet and process of apprising, sums of money contained therein, act, allowance and approbation written on the back thereof and whole grounds whereupon the same proceeded, with all benefit, profit and commodity that might accrue thereby, and all that had followed or might follow thereon, made and granted to the foresaid Sir Robert Spottiswood in favour of the said Sir Alexander Gordon, his heirs and assignees, dated 27 February 1634 foresaid; and with the bond and ratification of the said late James Gordon in favour of the said Sir Alexander Gordon, his heirs and assignees, relative to the foresaid contract of alienation, charter and infeftment following thereon, decreet and process of apprising above-written, assignation and disposition foresaid made to the said Alexander thereof, and by the which bond the said late James Gordon was obliged in payment and satisfaction to the said Alexander of a certain sum of money expressed therein at Martinmas [11 November] 1634 or then to make, subscribe and deliver to the said Alexander and his foresaids ample and sufficient letters of renunciation and discharge of the said reversion, bond, promise and condition of reversion contained in the contract above-written granted to him for redeeming of the said lands of Markaitnay and should make, subscribe and deliver to them new and ample dispositions of the same lands of Markaitnay, charters, procuratories of resignation, precepts of sasine and other evidents and writs needful for their heritable and irredeemable right and security of the same, as they should devise, and also to ratify and approve by his letters of approbation and ratification the foresaid process and decreet of apprising with all that had followed or might follow thereupon and assignation foresaid conceived in favour of the said Alexander of the same; likewise the said late James Gordon, for him and his foresaids, by the bond foresaid, ratified and approved the same decreet and process of apprising and assignation thereof granted to the said Alexander with all that had followed or might follow thereon, which bond and ratification contains diverse other heads and conditions conceived and set down in favour of the said Alexander Gordon and his foresaids therein, and is dated 13 April 1634 foresaid; and also with all and sundry other charters, infeftments, rights, titles and securities made and granted to the said Alexander Gordon of Earlston or to the said late James Gordon, his author, or any other of his predecessors and authors of or concerning the lands and others above-written of whatsoever date or dates, tenor or contents the same be of, in all and sundry the heads, points, articles, 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 Alexander Gordon and his foresaids as if the foresaid charter, infeftments and other evidents and writs particularly and generally above-written 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 in the contrary, his majesty and estates foresaid have dispensed and by this ratification dispense for ever.
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Our sovereign lord and estates of parliament ratify and approve the gift of pension made, given and granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurers, comptrollers and collectors, and treasurers of his majesty's new augmentations, principal and depute, and other lords of his majesty's exchequer, his highness's commissioners, to and in favour of John, earl of Rothes, his heirs and assignees, of all and whole a yearly pension of £10,000 Scots money yearly, to be taken up at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] by equal portions, out of the readiest of his majesty's rents, customs, casualties, and duties of his majesty's treasury, comptrollership and collectory or new augmentations or patrimony of this realm, or any of them, and that yearly and each year during the space of his natural life next after his entry thereto, which is ordained to be and begin by the said letter at the feast and term of Martinmas last in this instant year of God 1641 and so forth yearly and termly thereafter, during the space foresaid. And for more sure payment of the said pension yearly and each year during the space foresaid, his majesty, with advice foresaid, by the said letter has assigned and conveyed to the said John, earl of Rothes, his heirs and assignees as much of the first and readiest of the duties of his majesty's customs and imposts of wines coming into this his highness's kingdom of Scotland as will extend to satisfy and pay the said John, earl of Rothes's said pension yearly and termly during the said space of his natural life above-specified, in manner at length specified in his highness's said letters of gift under his majesty's privy seal of the date at Holyroodhouse, 23 September last, 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, grant, decree and ordain that the said letters of pension and this present ratification thereof is and shall be a valid and sufficient right to the said John, earl of Rothes for possessing, enjoying and taking up the said pension yearly and each year during his said lifetime, according thereto in all points, without any obstacle, impediment or objection to be made, proposed or alleged in the contrary. Likewise our sovereign lord and estates of parliament decree and declare this present ratification to be as valid, effectual and sufficient to the said John, earl of Rothes and his foresaids for possessing and uplifting of the foresaid pension above-mentioned as if the same letter of gift and pension were inserted at length word by word in this present ratification thereof, concerning which his majesty and estates of parliament has dispensed and hereby dispense for ever.
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Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms, all and whatsoever privileges, liberties and immunities made, given and granted by the provost, bailies, council and community of Edinburgh, under their common seal of cause, of the date at Edinburgh 1 July 1605, to and in favour of the surgeons and barbers of the said burgh, which all and sundry privileges, freedoms, liberties and immunities at length specified in the said seal of cause, the kirk master and brethren of the said craft for the time by their supplication craved to be granted to them by the said provost, bailies and council, wherewith they being well and ripely advised thought the same according to reason, and therefore the said provost, bailies and council consented and granted the said privileges, liberties and immunities to the said surgeons and barbers and their successors and ratified the same, as the said letter of ratification and approbation under the common seal of cause of the said burgh more fully purports; and also ratifies and approves the letter of ratification and approbation made and granted by King James IV of most worthy memory under his highness's privy seal, of the date 13 October 1506, ratifying, approving, authorising and confirming the said rules, statutes and privileges contained in the said letter, under the said common seal of cause of the said burgh of Edinburgh, as in the said other letter of ratification under his highness's privy seal of the date above-written at more length is contained; and in like manner ratifies and approves the letter of confirmation and approbation made and granted by King James VI of blessed memory, his majesty's dearest father, under his highness's privy seal, of the date at Greenwich, 6 June 1613, whereby his majesty's late dearest father wills and grants, and for his highness and his successors, ordains and declares the said letter given under the common seal of cause of the said burgh of Edinburgh by the provost, bailies and council thereof and letter of ratification made by the said late King James IV of most worthy memory, to be good, valid and effectual to the said surgeons and barbers in all time coming, as the said confirmation of the date foresaid at more length bears; together also with a last act, dated 10 September 1641, whereby the provost, bailies and council of the said burgh of Edinburgh, considering that it is expedient for the good of his majesty's lieges who reside without the burgh of Edinburgh and within the liberties pertaining to the said burgh that in the matter belonging to the art of surgery they be provided with skilful and honest men and not left to the arbitrament and imposture of women and ignoramuses, and therefore they discharged and inhibited all and sundry persons whatsoever not being freemen of the surgeons within the said burgh and have not given sufficient proof of their qualification and knowledge in the said art of surgery, to use and exercise any point of the said art within the bounds and privileges of the said burgh, and appointed the magistrates to be judges in all controversies which shall arise between the inhabitants of the said bounds and brethren of the said craft, as the act at more length bears. And further his majesty and estates foresaid, considering the daily evils and inconveniences that arise by reason of a number of men and women who at their own hand, without liberty and never being bred in the art of surgery, take upon them to exercise the duties and points of that art within the suburbs and about the said burgh of Edinburgh, to the hazard and loss of the lives of many good subjects, and to the great hurt of the brethren of the said craft, whose burdens are great in his majesty's service and common affairs of the said burgh, therefore his majesty, with advice foresaid, discharges all and whatsoever persons, unless they be freemen of the said craft in Edinburgh, to use and exercise any point of the art of surgery within the said burgh of Edinburgh or any suburbs about the same or belonging to their jurisdiction thereof, with power to the deacon and masters of the said art present and to come at all times convenient to pass, search, seek, take and apprehend all such persons exercising the said art within the said burgh, suburbs and jurisdiction [...] thereof foresaid, not being freemen of the said art within the said burgh, and to cause them set caution to desist in time coming, and if they fail, to fine them in the sum of £20 Scots money on every occasion, and this to be done with concourse of the magistrates of the said burgh, and the fines to be divided equally between the said magistrates for the use and relief of their poor and the masters of the said trade for the common use of their craft, and the said magistrates to be judges in all controversies that shall arise regarding this between them and any within the said bounds, and ordains the said magistrates to concur with them to the effect foresaid.
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Our sovereign lord and estates of this present parliament ratify and approve therein to and in favour of the provost, bailies, council, burgesses and community of the burgh of Peebles and their successor provost, bailies, council, burgesses and community thereof, a charter of confirmation, containing therein a clause of novodamus made and granted to the said burgh by the late King James VI of worthy memory, his majesty's father, whereby his majesty confirmed to the said burgh of Peebles the particular charters and infeftments following, namely: a charter granted by the late King James II to the said burgh of Peebles, burgesses and community thereof, of all and sundry infeftments, liberties, sasines and possessions made and granted to the said burgesses and the said burgh by the said late King James II and his predecessors of the infeftments and liberties of the said burgh, courts, creation of burgesses and of the replegiation† of their fellow burgesses and inhabitants of the said burgh ferms, small customs, escheats and amercements of courts, election, creation and approbation of officers, punishment of transgressors, mills, multures and sequels, hawking and hunting in so far as pertained to the said late King James II and his predecessors before the infeftment of the said burgh, with commonties, pasturage, free access and entry to the muir of Cademuir, Hamill, Doune and Venlaw, with the pertinents and common pasturage, with free access and entry to the lands of Glentress from the sun rising to the down passing of the same, which were annexed to the said burgh of Peebles. Item, another charter made, given and granted by the late King James IV to the said burgh of Peebles, fellow burgesses and community thereof and their successors, of all and sundry liberties, sasines and possessions had and used by them and their predecessors of before, as also of all and sundry infeftments, sasines, possessions and privileges of the foresaid infeftments and liberties given and granted to the said burgh at any time of before, with power to the said town, burgesses and community to hold and keep courts, with creation of burgesses and of the replegiation of their fellow burgesses and inhabitants of the said burgh, together with the burgh mail, small customs, amercements of courts, escheats, election of officers and punishment of transgressors within the said burgh as the king's royal burghs have, together with mills, and specially with the mill built upon the side of the Castlehill of Peebles, mill dams, multures, fishings, huntings and hawkings in so far as pertained to the said late King James IV and his predecessors before the infeftment of the said burgh, with hills, lands and valleys and use of the same upon their own common lands of Cademuir, Hamill, Downe, Venlaw and Common Struther, and to use and enjoy the same by pasturing, tilling and sowing as shall seem most fit and expedient to themselves, and as they and their predecessors have used and enjoyed the same of before, and with common pasturage, free access and entry to the common of Glentress from the rising of the sun to the setting thereof, and in using the gates, marshes and commonties as have been in use, without whatsoever impediment of any person or persons, for carrying and leading of their fuel and all other necessaries to the said burgh and community thereof, without impediment of whatsoever person or persons dwelling within or about the said burgh as said is, with common pasturage upon the muir of King's Muir in the passage of Cademuir, and as freely as the said burgh held and possessed any of the foresaid privileges at any time bygone, as in the said charter granted by King James IV at more length is contained. Item, another charter granted by the late King David [II] of worthy memory of the chaplainry of St Marie founded within the said burgh of Peebles, of the mill of Innerleithen, with the whole multures which of old pertained to the mill of Traquair upon the north side of the water of Tweed, from the village of Horsburgh to Gatehope-burn, as in the said charter of the date 20 September and 38th year of the said King David's reign [1368] also at more length is contained. Together with all and sundry charters, infeftments, gifts, donations, privileges, immunities, acts of parliament, decreets and sentences made and granted by the said late King James VI or his most noble progenitors, or by whatsoever other person or persons, to and in favour of the said provost, bailies, council and community of the said burgh of Peebles for the time and their predecessors and successors whatsoever regarding the erection of the said burgh in a free burgh royal, and of all rights, titles and privileges by the law and custom of this kingdom pertaining to the same, and all and sundry lands, hills, valleys, gates, roads, muirs, marshes, rents, customs, amercements and escheats of court, houses, buildings, tenements, yards, donations, possessions, mills, mill lands, multures, dams and braes, rents, annualrents and all pertinents of the same, and of all fairs and markets, with immunities, privileges and customs of the same used and wont, and of all other liberties, lands, rents and jurisdiction which the said provost, bailies, councillors and community of the said burgh of Peebles by themselves or their predecessors have held, possessed and used at any time bygone or which they for the present hold, use or possess. And also all and sundry mortifications, rights of patronages, infeftments, donations and dispositions given and granted by the said late King James VI or his predecessors, or whatsoever person or persons, to the foresaid provost, bailies, councillors and community of the said burgh and their predecessors, of whatsoever lands, houses, buildings, High and Cross Kirk of the said burgh, kirk yards, prebendaries, chapels, chaplainries, feu ferm, obits and anniversaries wherever they be within or without the said burgh, particularly and generally contained in the said gifts, donations, mortifications, dispositions or any of them, after the forms and tenors of the same, with all acts, sentences, decreets made and granted of them or any of them, as in the foresaid charter of confirmation granted under his majesty's great seal, containing the foresaid clause of novodamus bearing that his majesty of new, for himself and his successors, gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Peebles and their successors forever all and whole the foresaid burgh of Peebles, with all and sundry liberties, sasines, privileges and possessions used and had by them and their predecessors, with all and sundry infeftments, sasines, possessions and privileges given and granted to the foresaid burgh upon the said infeftments and liberties at any time bygone; with power to the said fellow burgesses and community and inhabitants to hold and keep courts, with creation of fellow burgesses and replegiation of their fellow burgesses and inhabitants of the said burgh, with the burgh mail and small customs of the same, escheats and amercements of the said courts, creation of officers and punishing of transgressors within the said burgh, as the rest of his majesty's royal burghs within the said kingdom have; with power also to the said provost, bailies, councillors and community of the said burgh and their successors to engage in, use and exercise merchandise, trade and traffick of merchandise, to buy, transact, sell and sell over again all sort of merchandise, as well imported merchandise as of that within the kingdom, not only within the liberty and territory and jurisdiction of the said burgh, but also within all other parts within the whole bounds of the sheriffdom of Peebles, as well regality as royalty; with power also to the said provost, bailies, council and community of the said burgh of Peebles and their successors, factors and servants in their names to intromit with, lift and receive all small customs and other duties within the foresaid bounds and within the same burgh and territory thereof, and to hold, enjoy and possess forever the guild of merchants with guilds, courts, council, members and jurisdiction pertaining to the same liberties and privileges thereof, in the same manner and as freely as by his majesty or his predecessors are granted to any of his free burghs royal within the kingdom of Scotland, and also to hold, possess, enjoy and exercise weekly within the said burgh market days, according to the use and custom of the said burgh, together also with three free fairs thrice in the year, the first of the same to begin yearly upon 3 May, Beltane Day, and to hold and continue the same for the space of 48 hours thereafter; and the second of the said fairs to begin upon 29 June, called St Peter's Day, and to continue for the space of 48 hours thereafter; and the third of the said fairs to begin upon 24 August, called St Bartholomew's Day, and to hold and continue by the space of eight days thereafter, according to the use, custom and wont, together with the sheriffship and sheriff's gloves†, tolls, customs, impositions, exactions and all other fees, duties, privileges and liberties which are known to pertain to the said fairs and markets during the time of the same, in the same manner and as freely in all respects as any other free burgh within this kingdom holds and possesses their fairs and markets, or which they or their predecessors held or possessed the same of before, commanding and charging that no person or persons either of regality or royalty who are not burgesses of the said burgh presume to usurp, exercise and occupy within the sheriffdom of the said burgh of Peebles or bounds of the same sheriffdom, markets or use of merchandise, as well foreign as homeward, pertaining to a free burgh or any part or privilege touching a free burgh under the pain of imprisonment of their persons and confiscation of their merchandise. Further, his majesty gave and granted full power, commission and authority to the said provost, bailies and councillors of the said burgh and their successors to make and publish acts, statutes and ordinances for the common good and profit of the said burgh, and for maintenance of the liberties and privileges of the same, to be observed by all the inhabitants and burgesses of the same and all other persons their abiding and frequenting, under such pains as shall seem expedient to them, with special power to them to put to final execution within the said burgh the said acts and ordinances, with all acts of parliament of general or secret councils, constitutions of burghs and all other decreets, sentences given and pronounced in favour of the said liberties, and for the better execution of the same, to sit, judge and determine in the same, with special power to them to call, pursue, arrest and incarcerate all violators of their said privileges, acts, constitutions, decreets and sentences foresaid, and to fine and amerce them [as shall seem expedient to them]†, which pains and fines his majesty gave and conveyed to the said common use of the said burgh, and to the supply of the common necessaries of the same. And further, by the said charter of new gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles and their successors, all and whole the lands of Cademuir, Hamill, Downe, Venlaw and Struther, Castlehill of Peebles, with the corn mill, called the Rudemylne, and waulk mill built upon the side of the said hill, and with the corn mill, called the Old Mill, upon the water of Peebles upon the north side of the same, with mill lands, mill dams, multures, sequels and their pertinents, with the whole houses and tenants built upon the said castlehill and pertinents of the same, the said corn mill of Innerleithen, with the whole multures which of old pertained to the said mill of Traquair upon the north side of the said water of Tweed, from the village of Horsburgh to Gatehope-burn, with mill lands, mill dams, astricted multures, sequels and pertinents of the same, and the lands near the said mill, called Hillhouse, with the lands called Thomas Hauche and pertinents of the same, together with the waulk mill of Innerleithen and pertinents thereof, together with the whole waters and fishings, as well of salmon as of other fishes, upon the waters of Tweed and Peebles, and other fishings pertaining to the said burgh, and which they and their predecessors have possessed at any time bygone, together with the customs at the bridge of Tweed used and wont. And also gave, granted and conveyed to the said burgh in community only, according to the infeftments above-specified, all and whole the lands of Glentress, comprehending the particular lands underwritten, namely: Charlado, Dowbanke, Brunemure, Collilaw, Cramsickes, Pilmuir, Cruikeshope, Cruikeslaw, Wheitfeild, Rigamountes, Dounerige, Annettishope, Duncleuche, Birnibanke, Hilleincleuche, Kingiskippis, Carleenecraige, Langhopheid, Sommercleuch, Craigendis, Glenferriate, Sommersyd, Commounehill, Whytsyke, Glenrud, Hairfauldrige, Catillgarret, Lamblaw, Brounehillis, Gard, Tuafaldrige, Eister Cattell, Garret Wester, Gramesykes and Gairesman, together with all other parts and pendicles of the lands of Glentress as the same goes from the bounds of Hamil down to the Burnfoot, and from that to Gatehope, and down Gatehope-burn to Tweed. And also his majesty, by the said charter, gave, granted and conveyed to the said provost, bailies and council of the said burgh of Peebles and their successors all and sundry the said lands called the King's Muir, lying near the said burgh of Peebles, which pertained to the late Cuthbert Elphinstone of Henderston and John Elphinstone, his son. And further, his majesty, by the said charter, gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles and their successors the privilege and liberty to protect and conserve the whole ways, calsays and passages going to and from the said burgh to whatsoever other parts within this kingdom of Scotland, and to keep the said ways and passages in their breadth and integrity that the same be not destroyed or diminished by any person or persons, that thereby his majesty may have easier passage thereto. And also by the same charter, his majesty gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles and their successors all and whole the common lands of the said burgh, with power and liberty to pull heather, dig and extract peats, turf, fuel, fail and divot in the common muir and mosses of the said burgh within all the four halves compassing the said burgh far and near, and which the said provost, bailies, councillors and community of the said burgh and their predecessors now possess or possessed at any time bygone. And further his majesty, considering that there were diverse prebendaries, chaplainries and altarages, hospitals and others of the same nature founded within the said burgh of Peebles, and having in his mind to convey the same to the said burgh to this effect: that the profits thereof may be employed to the common works of the said burgh, therefore his majesty gave, granted and conveyed to the said provost, bailies, councillors and community of the said burgh of Peebles all and sundry lands, mills, multures, annualrents, tenements, feu ferms, mails, kanes, customs, teinds, teinds sheaves, casualties, profits and duties whatsoever, of all and sundry the prebendaries underwritten, founded within the said burgh and pertaining and belonging to the same, namely: the prebendary of St Marie, the prebendary of Holy Cross, the prebendary of St Michael the archangel, the prebendary called St Mary major, the prebendary called St John the Baptist, the prebendary called St Marie Dallgeddes there, the prebendary called St Andrew, the prebendary called St James, the prebendary called St Laurence and prebendary called St Christopher, with the chaplainry called St Marie; and also gave, granted and conveyed to the said provost, bailies, council and community of the said burgh of Peebles and their successors all and sundry other lands, tenements, houses, buildings, kirks, with the High and Cross Kirks of the same and kirk yards thereof, chapels, yards, orchards, crofts, annualrents, teinds, fruits, rents, duties, emoluments, alms silver, obit silver† and anniversaries, which pertained to whatsoever chaplainries, altarages or prebendaries founded by whatsoever patron in whatsoever kirk, chapel, college or hospital within the liberties of the foresaid burgh, which the said chaplains or prebendaries possessed wherever they lie within the liberty of the said burgh or owing by the said lands and tenements lying within the same, pertaining to whatsoever kirk, chaplainry, prebendary or benefice lying and founded without the said burgh, within any other part of the said kingdom of Scotland and diverse other clauses therein, and specially of one clause of union and incorporation of the whole lands and others above-written with the said burgh in a free burgh royal, tenement and tenancy forever, declaring that sasine taken at the market cross of Peebles shall be sufficient for the whole, of the date 19 November 1621, at more length is contained, together with the precept and instrument of sasine following thereupon 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 and effect to the said provost, bailies, council, burgesses, inhabitants and community of the said burgh of Peebles and their successors for possessing of the said burgh, whole customs, liberties and privileges thereof, the lands, tenements, mills, multures, muirs, mosses, pulling of heather, digging and extracting of peats, turf, fuel, fail and divot in the four quarters about the said burgh, fishings, annualrents, fruits, rents, emoluments and duties whatsoever, and of the said chaplainries, kirks and kirk yards, and the said liberties, and of pasturage and of gates, for carrying of the said fuel to the said burgh fairs and markets and others whatsoever specially and generally above-written, contained in the said charter of confirmation above-mentioned and precept and instrument of sasine following thereupon, as if the same whole charter, precept and instrument of sasine 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 and imperfections and objections whatsoever which may be proposed or alleged against the said charter, precept and instrument of sasine 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.
[1641/8/362]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and perpetually confirm a tack made by way of contract at Holyroodhouse and Canongate, 15 and 16 March 1627, between his majesty's treasurers principal and depute and other lords of exchequer for the time on the one part, and Alexander Erskine of Dun on the other part, whereby they set in tack and assedation to the said Alexander Erskine of Dun and to his assignees and sub-tacksmen of no higher degree than himself, all the customs due to his majesty of all goods, gear and merchandise exported out of the kingdom or imported within the same at the port and burgh of Montrose or other ports, harbours or creeks along the coast from the north water of Esk inclusive to the south water of Esk inclusive (except only of certain merchant goods contained in the said tack as the same is except therein), and that for all the days, years and terms of the said Alexander Erskine of Dun's lifetime, for payment of 1,200 merks by year of tack duty in manner specified in the said tack, which is registered in the books of exchequer 16 March 1627. And also another tack made by way of contract between the king's majesty, with consent of his treasurers principal and depute and other commissioners of exchequer on the one part, and the said Alexander Erskine of Dun on the other part, relative to the foresaid contract, by virtue whereof his majesty, with consent foresaid, set of new in tack and assedation to the said Alexander Erskine of Dun and to his assignees and sub-tacksmen of no higher degree than himself all his majesty's customs foresaid due to be paid to his majesty of all goods, gear and merchandise exported out of this kingdom or imported within the same at the said port and burgh of Montrose and all other ports, harbours and creeks along the coast from the north water of Esk inclusive to the south water of Esk inclusive (except only of certain merchant goods contained in the said contract as the same is excepted therein), and that for the space of five years and from five years to five years during the lifetime of the said Alexander Erskine of Dun for payment of the foresaid 1,200 merks yearly of tack duty at two terms in the year, and making an account and payment of his majesty's bullion pertaining to the proportion of the goods exported in manner specified in the said contract, which is dated at Holyroodhouse, 10 November instant, in all and sundry heads, points, articles, clauses and circumstances of the said tacks and contracts respectively. And will and grant that the foresaid tacks made by way of contracts shall be a sufficient right to the said Alexander Erskine of Dun and his foresaids for possessing of the foresaid customs during the time and space mentioned therein, and also 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 Alexander Erskine of Dun and his foresaids as if the foresaid tacks made by way of contracts were word by word expressed 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.
[1641/8/363]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that it has pleased God, by the virtue and industry of diverse skilful hatmakers within these few years within this burgh of Edinburgh, to bring that trade and calling to a greater perfection and more considerable than it has been in any year bygone, whereby the same has so flourished and grown to a greater number of workmen than has been in preceding ages, and for the maintaining thereof and giving occasion to workmen to strive daily to a greater degree of perfection in the said calling of hatmaking, and for eschewing the great hinderance and prejudice which may follow by the growth of unskilful people therein by the occasion of lack of good government among them, therefore his majesty and estates of parliament, for the further advancing of that calling and trade within Edinburgh and whole kingdom, and for the reformation of disorders therein, the better serving of the lieges of the realm and bringing of the said trade to a greater perfection, give and grant full power and liberty and privilege to the said hatmakers of an overseer and quartermaster yearly of their own calling to be elected, nominated, chosen and given to them by the provost, bailies and council of the said burgh of Edinburgh.
[1641/8/364]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain an act to be made therein in favour of his highness's beloved John Forbes of Leslie, ratifying and approving, likewise by this ratification our said sovereign lord and estates foresaid ratify and approve the decreet obtained at the instance of the said John Forbes of Leslie upon 13 May 1641 before the lords and others of the committee of estates of parliament against John Gordon of Haddo, making mention that where the said John Forbes, having supplicated the said committee of estates for redress of certain wrongs and injuries done and committed against him and William Forbes, his son, by the said John Gordon, and namely for suppressing of his person and taking him captive to Strathbogie, and when the said William Forbes did repair thither for his said father's liberation after assurance of indemnity granted to him, the said John Gordon of Haddo enforced the said William to give bond to him for payment of 1,000 merks within eight days thereafter, which was accordingly paid, likewise the said John Gordon of Haddo then snatched the said William's horse, worth forty pieces, and took another nag from his man worth £100, and then robbed them of all their arms, swords, carabines and pistols, estimated to be worth 300 merks, and thereafter the said John, by himself and his accomplices, spuilzied the said John Forbes's house of Banchory, took away his whole insight and plenishing thereof, and broke the whole doors and locks of the same, and thereafter passing to [Andrew Fraser], lord Fraser's house of Durris (then lent by the said Lord Fraser to the said John Forbes of Leslie) they broke up the gates thereof and took all that he had transported thither from his other dwelling house of Banchory, with the said Lord Fraser's whole goods that were there, the damage so done to the said two houses being estimated to the sum of £1,000 money; and therefore determining and ordaining the said John Gordon of Haddo to refund and deliver back again to the said John Forbes the horse, armour, plenishing, sum of money and others above-mentioned violently and masterfully seized, intromitted with and taken away from the said John Forbes and his said son in manner above-written, or else to content and pay to him the value, worth, prices and estimation of the said horses, armour, insight, plenishing and other sums above-mentioned, extending to the particular sums of money above-written for the reason and cause contained in the said decreet, as the same of the date foresaid at more length bears. Together with all letters of horning, poinding, inhibition, denunciation, apprising and others raised and used or to be raised and used thereupon, and all comprisings led and deduced or to be led and deduced thereupon, infeftments and others following or to follow upon the same, and all that has followed or may follow upon the said decreet 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 will, grant, declare, decree and ordain that the said decreet and all execution that has followed or may follow thereupon shall stand valid and sufficient until the said John Forbes of Leslie, his heirs and assignees be duly, fully and completely paid of the sums of money above-written, contained in the said decreet according thereto in all points, notwithstanding of whatsoever act of pacification, oblivion or other act or constitution made or to be made in the contrary in respect the said wrongs and injuries were done and committed by the said John Gordon of Haddo against the said John Forbes of Leslie and his son, not as by anti-covenanters against covenanters, but long after the said John Gordon had come in and subscribed and sworn to the covenant, declaring therefore and ordaining that no such act of pacification, oblivion or other act or constitution made or to be made in this present parliament is nor shall in any way be extended to the said decreet above ratified and sums contained therein, nor any execution that has followed or may follow thereupon, but that the same is hereby and shall be always and utterly excepted and reserved out of and from the said act of pacification, oblivion or any other act or constitution made or to be made in the contrary in the same way and as freely as if the same were expressly excepted and reserved out of and from the act thereof. Likewise our said sovereign lord and estates foresaid of this present parliament ordain the said decreet, sums of money contained therein and execution thereof to be expressly excepted and reserved out of and from the said act of pacification and oblivion, and inserted and contained therein for that effect
[1641/8/365]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the decreet obtained at the instance of the said Lord Fraser, for himself and in name and on behalf of his tenants of his lands of Durris and Muchalls, upon 13 May last bygone, before the lords and others of the committee of estates of parliament against John Gordon of Haddo, determining and ordaining him to refund and deliver back to the said Andrew, lord Fraser the moveables, bedding, other goods, furnishing and plenishing of his house and place of Durris, 24 muskets, 24 picks, with their pertinents likewise† and bars of the windows and doors of the said place and office, houses thereof, 140 bolls of meal taken out of the granary thereof, two young stags, three young horses and a mare, with certain furniture and plenishing pertaining to the tenants of the said barony of Durris all wrongfully, violently and masterfully seized, spoiled and taken away by the said John Gordon and his accomplices from the said Andrew, lord Fraser, his tenants of the said barony of Durris, the time and in manner specified in the said decreet, which particulars immediately above-mentioned, with the other loss and damage done to the said Andrew, lord Fraser's house and place and tenants by the said John Gordon and his foresaids, are estimated to the sum of 4,000 merks money of this realm and above; and also to refund, restore and deliver back again to the said Andrew, lord Fraser 80 bolls of barley, 60 bolls of oats, locks, bands and iron work of the barns and barn yards of Muchalls, plough gear and 80 drawing oxen, and 70 head of cattle and young goods, with 300 head of sheep and eight horses and mares, with certain furniture and plenishing, all likewise masterfully and violently seized, intromitted with and taken away by the said John Gordon and his accomplices from the said Andrew, lord Fraser's lands and mains of Muchalls, barns and barnyards thereof, and from his tenants of the said barony, which particulars, with the same losses and damage done by the said John Gordon and his foresaids to the said Andrew, lord Fraser and his tenants of the said barony of Muchalls, are estimated to be worth the sum of £5,000 and above; and to restore and repair his losses and damages above-mentioned sustained by the said Andrew, lord Fraser and his tenants in manner specified in the said decreet; and also to content and pay to him the value, prices, estimations of the said goods and losses above-mentioned sustained by the said Andrew, lord Fraser and his tenants in manner foresaid, extending to the said two sums of 4,000 merks and £5,000 foresaid, altogether in the whole to the sum of 11,500 merks for the reasons and causes contained in the said decreet, as the same of the date foresaid at more length bears, and all letters of horning, poinding, denunciation, apprising, inhibition and others used thereupon, and all apprisings led and deduced and to be led and deduced thereupon and all that has followed or may follow upon the said decreet. And will and grant, declare, decree and ordain that the said decreet and all execution that has followed or may follow thereupon shall stand and be sufficient until the said Andrew, lord Fraser, his heirs and assignees, be duly, fully and completely paid of the said sums contained in the said decreet, according thereto in all points, notwithstanding of whatsoever act of pacification, oblivion or other act or constitution made, or to be made, in the contrary, declaring and ordaining that no such act of pacification, oblivion or other act or constitution made or to be made in this present parliament is nor shall in any way be extended to the said decreet above-specified and sums contained therein, nor any execution that has followed or may follow thereupon, but that the same is hereby and shall be always altogether and utterly excepted and reserved from the said act of pacification, oblivion, other act or constitution made or to be made in the contrary, in the same manner and as freely as if the same were expressly excepted and reserved out of and from the act thereof. Likewise our said sovereign lord and estates foresaid of this present parliament ordain the said decreet, sums of money contained therein and execution thereof to be expressly excepted and reserved out of and from the said act of pacification and oblivion, and inserted and contained in the said act for that effect.
[1641/8/366]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the gift of the sheriff-clerkship of Stirlingshire granted by John [Erskine], earl of Mar to John Williamson during all the days of his lifetime, and after his decease to Master David Forrester, his servant, for all the days of his lifetime, which is of the date 9 April 1637, in the whole heads, articles and clauses thereof, and dispense with the not inserting of the same, and wills and ordains that the foresaid gift granted to them respectively and successively is and shall be a perfect right to them for possessing and exercising the said office during all the days of their lifetimes, each one successively after the other as said is, with the whole liberties, privileges, benefit and casualties belonging thereto, according to the foresaid gift in all points.
[1641/8/367]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and whole estates of this present parliament ordain an act to be made therein ratifying and approving the letters of gift made and granted by our said sovereign lord to and in favour of the provost, bailies, council and community of the burgh of Aberdeen now present, and to their successors in all time coming, of the date 11 November instant, whereby our said sovereign lord, for the considerations contained therein, has given, granted, founded, mortified and conveyed to the said provost, bailies, council and community of the said burgh and their successors in all time coming, all and whole the kirk of St Nicholas within the said burgh, with the whole teinds, parsonage and vicarage thereof, together with the right of patronage and presentation of the ministers thereto, as often and so often as the same shall happen to occur in time coming, to remain with the said provost, bailies, council and community of the said burgh and their successors forever in all time coming; and also have united and annexed the said kirk of St Nicholas and teinds, parsonage and vicarage thereof, with the right of patronage thereof foresaid, to the said burgh of Aberdeen, and have ordained that a sasine to be now once taken thereof by the said provost, bailies, council and community of the said burgh at the market cross thereof shall stand effectual and be a sufficient sasine to them forever in all time coming, without any necessity of taking new sasine thereof at any time thereafter, to be held in manner specified in the said gift, as the same of the date foresaid at more length bears, in all and sundry the heads, clauses and conditions contained therein, and after the form and tenor thereof in all points.
[1641/8/368]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm two separate decreets before the commissioners for surrenders and teinds at the instance of the king's majesty's advocate and Master William Dalgleish, sometime minister at Kirkmabreck, for disuniting and disjoining the said kirk of Kirkmabreck and Kirkdale from the kirk of Anwoth, and appointing them to be two separate distinct parishes, and for the common elements, and for augmenting the old stipend for the minister of Kirkmabreck and Kirkdale, and for settling the locality both of the old and new stipend, which decreets are of the date 19 February and 21 March 1636, in the whole heads, articles, clauses and conditions thereof with all that followed or may follow thereupon.
[1641/8/369]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the tack made by way of contract at Hamilton, 5 September, 1636, between Master Walter Whitford, thereby designed Walter, bishop of Brechin and subdean of Glasgow, with consent of the dean and chapter thereof, on the one part, and Sir George Stirling of Keir, knight, heritable proprietor of the lands of Hiltoun, Kirkton, Caldercut, East Calder, Bogtoun, Boclay and Balumbie, lying within the parish of Calder and subdeanery of Glasgow, whereby the said Master Walter Whitford, with consent foresaid, for the yearly duty contained therein (and thereby having power by the parliament held at Edinburgh, 28 June 1633 to set tacks of the teinds, fruits and rents of the subdeanery of Glasgow to the heritors thereof), set in tack and assedation to the said Sir George Stirling, his heirs and assignees all and sundry the parsonage teinds and teind sheaves of the lands particularly above-written and that during the whole space and years of three nineteen years, according to the tenor of the act made in the said parliament relating thereto, next after the said Sir George's entry thereto, which is declared by the said tack to have been and begun at Lammas [1 August] 1636, as the same subscribed by the said subdean and by the said dean and chapter of the said subdeanery at more length bears, in the whole heads, articles, clauses and conditions thereof conceived in favour of the said Sir George, saving and reserving to our said sovereign and his majesty's successors the duties, rights and services due to his majesty for the teinds foresaid of the said lands before this present ratification. Likewise his majesty and estates of this said present parliament will, grant, decree and ordain that this present ratification of the foresaid letter of tack is and shall be as valid and sufficient to the said Sir George Stirling, his heirs and assignees foresaid, as if the same were at length word by word inserted and expressed herein; concerning which, and regarding all other defects and imperfections which in any way may be proposed or alleged against the validity of the said tack, or this present ratification thereof, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever.
[1641/8/370]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, remembering the good, true and thankful service done to his highness's late dearest parents of worthy memory and to his majesty himself in the office of chamberlain of the earldom of Ross and lordship of Ardmeanach by the late Sir Henry Wardlaw of Pitreavie, knight, and by his majesty's beloved Master William Wardlaw of Balmule, his son, therefore, and for other good causes moving his highness, his majesty, with advice and consent of the estates of this present parliament, has ratified and approved the letters of gift granted by his majesty under the privy seal of the date at Whitehall, 17 February 1634, whereby his majesty, with consent of his highness's treasurers principal and depute, and the other commissioners of exchequer, made and constituted the said late Sir Henry Wardlaw and the said Master William Wardlaw, his son, the longest liver of the two, during their lifetimes, his highness's chamberlains and receivers of the whole mails, ferms, kanes, customs and other duties belonging to his majesty within the said earldom of Ross and lordship of Ardmeanach, with the pertinents, their entry thereto beginning for the crop and year of God 1631, Whitsunday [May/June] and Martinmas [11 November] terms thereof, and so forth yearly thereafter during their lifetimes, allowing to them in yearly payment the sum of 1,000 merks money of this realm, as the said gift produced before the said lords of exchequer and seen and admitted by them and registered in their books of exchequer according to the order upon 25 August 1634 at more length purports, in all and sundry the heads, articles and clauses of the said gift, to the effect the said Master William Wardlaw may hold and possess the said office of chamberlain of the earldom and lordship foresaid during all the days of his lifetime, for the which his majesty wills he shall have allowance of the yearly fee above-specified. Moreover, our said sovereign lord wills and grants that this present ratification is and shall be as valid and sufficient to the said Master William as if the gift foresaid were herein at length mentioned and engrossed, notwithstanding the same is not inserted herein.
[1641/8/371]*[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 and infeftment made, given and granted by his majesty's late dearest father, of happy and blessed memory, under the great seal of this kingdom to his majesty's beloved William Gordon, now of Kirkconnell, his male heirs and assignees whatsoever designed for the time, son lawful to Alexander Gordon of Kirkconnell, of all and whole the forty shilling land of Drumconkraa, with houses, buildings, yards, woods, fishings, annexes, connexes, parts, pendicles and pertinents thereof whatsoever, lying in the stewartry of Kirkcudbright and sheriffdom of Dumfries, to be held of our sovereign lord and his highness's successors in feu ferm and heritage, which charter and infeftment is of the date 31 December 1613, together with the precept and instrument of sasine following thereupon and all other infeftments, rights and securities made and granted to the said William Gordon or any of his predecessors or authors of or concerning the said lands, with the pertinents, in the whole heads, 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 Gordon and his foresaids as if the said charter and infeftment, precept and instrument of sasine following thereon, and other writs, rights, titles and securities respectively and every one of them were at length word by word engrossed and set down herein; concerning which, his majesty and estates foresaid have dispensed and by this ratification dispense for ever.
[1641/8/372]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm the signature and gift granted by his majesty, as now having right to the lands, barony and others after-specified of the temporality of the late archbishopric of Glasgow, as vacant and become in his majesty's hands and at his highness's disposition through the abolishing of the estate of archbishops and bishops within this realm for the causes onerous contained in the said signature, to and in favour of his highness's dearest cousin and councillor James, duke of Lennox and Richmond etc., and his male heirs mentioned and contained in his infeftment of the dukedom of Lennox, which failing, to his heirs and assignees whatsoever, namely: of all and sundry the lands, lordship, burgh, baronies, regality and others after-specified, that is to say: all and whole the lands and barony of Glasgow, castle, city, burgh and regality of Glasgow, with all lands, bounds and tenements, houses, buildings, orchards, yards, tailzies, kilns, barns, brew houses and other buildings within the said burgh, with all other castles, towers, fortalices, manor places, orchards, yards, woods, mills, fishings, annexes, connexes, parts, pendicles, tenants, tenancies, service of free tenants and all other their pertinents; of all and whole the lands and barony of Carstairs, with the castles, towers, fortalices, manor places, orchards, yards, woods, mills, fishings, annexes, connexes, outsets, parts, pendicles, tenants, tenancies, service of free tenants and all their pertinents; all and whole the lands and barony of Eddleston, with castles, towers, fortalices, manor places, orchards, yards, woods, mills, fishings, annexes, connexes, outsets, parts, pendicles, tenants, tenancies, service of free tenants and all their pertinents, lying within the sheriffdom of Peebles; all and whole the lands and barony of Ancrum with castles, towers, fortalices, manor places, orchards, yards, woods, mills, fishings, annexes, connexes, outsets, parts, pendicles, tenants, tenancies, service of free tenants and all their pertinents; all and whole the lands and barony of Stobo, with the castles, towers, fortalices, manor places, orchards, yards, woods, mills, fishings, annexes, outsets, parts, pendicles, tenants, tenancies, service of free tenants and all their pertinents; all and whole the lands and barony of Lilliesleaf, with castles, towers, fortalices, manor places, orchards, yards, woods, mills, fishings, annexes, connexes, outsets, parts, pendicles, tenants, tenancies, service of free tenants thereof, and all their pertinents; all and whole the lands and barony of Ashkirk, with castles, towers, fortalices, manor places, orchards, yards, mills, fishings, annexes, connexes, outsets, parts, pendicles, tenants, tenancies and service of free tenants thereof, and all their pertinents, lying within the sheriffdom of Roxburgh; all and whole the lands of Bishop's Forest, and right and privilege of regality within the same; all and whole the lands of Niddrie Forrester; the lands called Halfpenny Land of Carrick; the kirk lands of Cambusnethan; and all and whatsoever lands pertaining of old to the archbishopric of Glasgow wherever the same lie within this realm, privileges and immunities thereof whatsoever. Together also with the heritable right of the nomination and yearly election of the provost, bailies and other officers of the magistracy of the said burgh and city of Glasgow as amply as pertained to the archbishops of Glasgow of before, and making, constituting and ordaining the said Duke of Lennox and his successors lords of the regality of the barony of Glasgow and of the Bishop's Forest within the whole bounds thereof, as well property as tenancy, and of all other lands and baronies within the which the said archbishops of Glasgow had regality of before, with ample powers and privileges to the said Duke of Lennox and his successors relating thereto in manner at length set down in the said signature and gift, and uniting, annexing, creating and incorporating all and sundry the lands, lordship, baronies, burgh and regality above-mentioned with castles, towers, fortalices, manor places, orchards, yards, meadows, woods, mills, fishings, offices, tenants, tenancies, service of free tenants, outsets, parts, pendicles and others generally and particularly above-specified, and all their pertinents, in a whole and free barony, temporal lordship and regality, with the privilege of free chapel and chancellery and other privileges, immunities, liberties, honours, dignities, casualties, profits, duties and commodities whatsoever pertaining to a free regality, within the said barony of Glasgow and Bishop's Forest, and within all other lands, baronies and others wherein the said archbishops of Glasgow had regality of before to the said James, now duke of Lennox and Richmond and his foresaids, to be called now and in all time coming the lordship of Glasgow, ordaining a sasine now to be taken by the said James, duke of Lennox and Richmond, and by his heirs foresaid in all time coming, at the castle and fortalice of Lochwood to stand and be a sufficient sasine for all and sundry the said lands, lordship, baronies, office and others above-written, to be a sufficient sasine with dispensation relating thereto in manner specified in the said signature, all to be held of our sovereign lord and his highness's successors in feu ferm and heritage forever, for yearly payment to his highness and his successors, their chamberlains and factors in their names, for the said lands, lordship and barony of Glasgow, castle, city, burgh and regality thereof, with the privileges and pertinents above-specified, the sum of 200 merks money of Scotland; for the said lands and barony of Carstairs, with their pertinents, 40 merks money foresaid; for the said lands and barony of Stobo, with the pertinents, 60 merks money foresaid; for the said lands and barony of Eddleston the sum of 30 merks; for the said lands and barony of Ancrum, with the pertinents, the sum of 45 merks; for the said lands and barony of Lilliesleaf, with the pertinents, the sum of 44 merks; for the said lands and barony of Ashkirk the sum of 45 merks money foresaid; for the said lands of Bishop's Forest, with the pertinents, the sum of 12 merks; for the said lands of Niddrie Forrester, with the pertinents, the sum of 10 merks; for the lands called Halfpenny Land in Carrick, 8 merks; and for the said lands of Cambusnethan, one merk; extending in the whole to the sum of 500 merks usual money of this realm of Scotland, at the term of payment specified in the said gift in name of feu ferm only, as the said signature and gift granted by his majesty to the said Duke of Lennox and his foresaids, thereupon signed and superscribed with his majesty's hand of the date 6 September last, at more length bears; with the charter, infeftment and sasine to follow thereupon, in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the forms and tenors thereof in all points. Likewise our said sovereign lord, with advice and consent of the said estates of parliament, by this ratification, gives, grants and conveys to the said James, duke of Lennox, his heirs foresaid, all and sundry the said lands, lordship and barony of Glasgow, castle, city, burgh and regality of Glasgow, with the right of nomination of the provost, bailies and magistrates of the said burgh as said is, lands and baronies of Carstairs, Stobo, Eddleston, Ancrum, Lilliesleaf, Ashkirk, the said lands of Bishop's Forest, the lands called Half Penny Land of Carrick, the lands of Niddrie Forrester, and kirk lands of Cambusnethan, and all other towns and lands particularly and generally above-mentioned, with castles, towers, fortalices, manor places, orchards, woods, mills, fishings, annexes, connexes, parts, pendicles, tenants, tenancies, service of free tenants and all their pertinents, all to be united, annexed and incorporated in the whole and free lordship and regality, with free chapel and chancellery, with the heritable right of the nomination of the magistrates of the said city of Glasgow, and other privileges contained in the said signature, to be held of our sovereign lord and his highness's successors in feu ferm, heritage, free temporal lordship and regality for payment of the yearly feu duty above-written in manner, form and with all the liberties and privileges mentioned and set down in the said signature. And our said sovereign lord and estates of parliament for this effect ordain the said signature to be passed and completed through the whole registers and seals without the advice and consent of his highness's treasurers, comptrollers and collectors principal or depute and other commissioners of exchequer to be sought or craved thereto, as is appointed by the said signature, which is hereby declared to be supplied by this present general ratification and consent of the estates of parliament hereunto in manner foresaid; and ordain the writers and keepers of the registers and seals to proceed in passing of the said signature through the whole seals and registers, and completing a charter thereon at the great seal, and in directing of precepts of sasine to follow thereon, notwithstanding the same be not passed and subscribed by the commissioners of exchequer, nor their consent craved thereto, as was appointed by the said signature; concerning which our said sovereign lord and estates of parliament dispense by this ratification. And our said sovereign lord and estates of parliament will, grant, decree and ordain that the said infeftment so to be passed upon the said signature is and shall be a good, valid and sufficient right to the said James, duke of Lennox and his foresaids for possessing and enjoying of all and sundry the foresaid lands, lordship, baronies, burgh and regality above-mentioned, with the castles, towers, fortalices, manor places, orchards, yards, meadows, woods, mills, fishings, offices, tenants, tenancies, service of free tenants, outsets, parts, pendicles and others generally and particularly above-specified, and all their pertinents, in a whole and free barony, temporal lordship and regality with the privilege of free chapel, chancellery and other privileges, immunities, honours, dignities, casualties, profits, duties and commodities whatsoever pertaining to a free regality within the barony, forest and other bounds specially and generally above-written, in feu ferm heritably, irredeemably and perpetually in all time coming, without obstacle, impediment, contradiction or recalling whatsoever.
[1641/8/373]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the gift of mortification granted by his majesty to Master Ewen Cameron, present minister of Dunoon and his successor ministers thereat, of the sum of 1,200 merks Scots money yearly out of the readiest of the teinds, teind duties and other rents of the bishopric of Argyll with this declaration always: that the said Master Ewen Cameron and his successors foresaid shall give yearly to a schoolmaster who shall remain at the said kirk of Dunoon the sum of 200 merks Scots money, as the said gift of mortification superscribed by his majesty, bearing date at Holyroodhouse, 8 November 1641, more fully purports, in the whole heads, articles, clauses and conditions of the same gift of mortification above-mentioned; and declare and ordain the foresaid gift, with this present ratification thereof, to be a sufficient and valid right and title to the said Master Ewen Cameron and his successors foresaid for possessing and intromitting with the foresaid sum of 1,200 merks yearly according to the foresaid gift of mortification thereof, and to the effect, and with the declaration mentioned therein. Likewise our said sovereign lord and estates of parliament declare that this present general ratification above-specified is and shall be as sufficient as if the foresaid gift were inserted word for word herein; concerning which our said sovereign lord and estates foresaid dispense for ever.
[1641/8/374]*[print] [email] [cite] [preceding] [following]
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, to give, mortify and convey to Master Alexander Munro, present minister at Dornoch, and his successor ministers serving the cure at the said kirk, being the cathedral kirk of the diocese of Caithness, all and whole the sum of 800 merks Scots money or eight chalders of victual in the option of the said minister and his successors foresaid in augmentation, to be uplifted out of the first and readiest of the rents of the said bishopric of Caithness and feu duties that pertained to the bishop in Sutherland and his rents and feu duties in the parish of Thurso and elsewhere in Caithness, at the option and election of the said Master Alexander and his successors serving the cure at the said kirk of Dornoch, with this declaration: that the said minister and his successors foresaid pay yearly 300 merks of the foresaid sum for repairing and upholding the fabric of the said kirk, and 200 merks yearly for helping to provide a schoolmaster for the grammar school thereat, in manner at length specified in the said signature; therefore, his majesty and estates of parliament ratify, approve and confirm the foresaid signature and gift in the whole heads, articles, clauses and circumstances thereof, and will and grant that this present confirmation shall be of as great value, force, strength and effect to the said Master Alexander Munro and his successor ministers serving the cure at the said kirk in all time coming for payment of the augmentation above-specified in manner and for the uses mentioned in the said gift, as if the said gift were word by word expressed herein. And further, his majesty and estates of parliament dissolve the foresaid augmentations of 800 merks or eight chalders of victual appointed to be uplifted and paid as said is from his majesty's crown and patrimony thereof, and from the late bishopric of Caithness and all other benefices to which the same pertained or was annexed to of before, to the effect the same may remain with the ministers serving the cure at the said kirk of Dornoch for the uses respectively foresaid as a testimony of his majesty's favour perpetually in all time coming.
[1641/8/375]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm the signature, dated 13 November instant, superscribed by his majesty, granted to and in favour of James, earl of Findlater, lord Deskford, his heirs and successors, in the right of the lands and living of Findlater and Deskford, with the charter, precept and instrument of sasine to follow thereupon, of all and whole the lands of Clochmacriech, alias Ladyland, with the pertinents, with the office of heritable bailiary of the lands and barony of Strathisla, with the whole liberties, privileges and immunities pertaining to the said office, and whereof the said earl and his predecessors have been in possession at any time bygone, in manner specified in the said signature, in all and sundry heads, articles, clauses and circumstances thereof. And his majesty wills and grants, and for his highness and his successors, with consent of the estates of parliament, decrees and ordains that this present confirmation is and shall be of as great value, force, strength and effect to the said James, earl of Findlater and his foresaids as if the foresaid signature, with the charter, precept and instrument of sasine to follow thereupon, were word by word inserted herein; concerning which his majesty and estates of parliament have dispensed and by this ratification dispense for ever, to the effect the said lands, office and others foresaid contained in that signature may remain with the said James, earl of Findlater and his foresaids as their own proper heritage, heritably and irredeemably in all time coming, to be held of his majesty and his successors in manner specified in the said signature and according to the tenor thereof and charter, precept and instrument of sasine to follow upon the said signature.
[1641/8/376]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve and, for his highness and his successors, perpetually confirm the charter made and granted by his highness, with advice and consent of his majesty's treasurers, principal and depute, and other lords of his highness's exchequer of this realm for the time, under the great seal of the date 9 September 1638, whereby our said sovereign lord has ratified and approved and, for his highness and his successors, perpetually has confirmed a charter made and granted by his highness's late dearest father King James VI, king of Great Britain, France and Ireland of eternal memory, with consent of his majesty's treasurers, principal and depute, and other lords of his highness's secret council, his highness's commissioners for the time, under the great seal of the date at Falkirk, 17 July 1617, whereby his highness's said late dearest father, with consent foresaid, not only ratified, confirmed and approved all and sundry charters, infeftments, precepts of sasine, instruments, confirmations, acts, sentences, decreets, donations, exemptions, rights, titles, securities, letters, writs, evidents, grants, liberties, commodities, immunities and privileges therein mentioned made, granted and confirmed by his highness's said late dearest father and his most noble predecessors, kings and queens of Scotland, or by their governors, regents or lords of session for the time, to and in favour of the burgh of Aberdeen, provost, bailies, aldermen, dean of guild, treasurers, councillors, burgesses and community thereof, and to the kirks, ministers and hospitals of the said burgh and their successors, of whatsoever form or forms, content or contents, date or dates the same respectively be of, and specially, without prejudice of the said generality, the particular charters, infeftments, confirmations, decreets, donations, exemptions, acts, writs, evidents and others specially and particularly mentioned in the said charter, but also of new gave, granted, erected and conveyed to the said provost, bailies, councillors, burgesses and community of the said burgh of Aberdeen and to their successors for ever, all and whole the said burgh of Aberdeen, with the precinct, walls, ditches, ports and other privileges at length mentioned in the said charter, with the lands and others after-mentioned contained therein, with the precept of sasine, instrument of sasine, with the act of dissolution mentioned therein, to which the said charter has relation, with all and sundry other charters, infeftments, precepts of sasine, confirmations, acts, sentences, decreets, donations, exemptions, rights, titles, securities, letters, writs, evidents, grants, liberties, commodities, immunities and privileges mentioned therein, made, granted and confirmed by his majesty's most noble predecessors specially mentioned in the said charter, or by any of them or any others, their predecessor kings and queens of Scotland, or by their regents, governors or lords of session for the time, to the said burgh of Aberdeen, provost, aldermen, bailies, deans of guild, treasurers, councillors, burgesses and inhabitants of the said burgh, and to the kirks, ministers and hospitals thereof and their successors whatsoever of whatsoever form or forms, content or contents, date or dates the same be of, of and concerning the erection of the said burgh of Aberdeen in a free burgh royal with all the rights, titles and privileges thereof, and has ordained the said general confirmation and ratification of the premises to be as sufficient as if every particular writ specified therein were at length therein engrossed, and has dispensed with the not engrossing thereof. And also, our said sovereign lord, with consent foresaid, has thereby of new given, granted, erected, conveyed and confirmed to his majesty's trusty and faithful servants, the provost, bailies, councillors, burgesses and community of the said burgh of Aberdeen and their successors, all and whole the said burgh of Aberdeen, with the precinct, walls, ditches, ports, ways, streets, passages and all and sundry houses, buildings, yards, tenements, crofts, acres and lands within the territory and liberty of the said burgh; and also all and sundry the common lands and other lands, waters, salmon fishings and others specially and generally mentioned in the said charter, with the inches, shiels†, liberties, privileges, drawing, spreading and drying of nets on both the sides of the waters of Dee and Don, as well upon his majesty's highways as upon any other most commodious parts near the said waters, as the said burgh and their predecessors have been in use to do of before, with the liberty and privilege of ferry boats, one or more, on the said waters, with the fees, duties and commodities thereof, common mills of the said burgh, namely: the two mills within the said burgh called the Over and Nether Mills, two without the same, called the Justice Mills, and other two within the said burgh's liberty, the one thereof on Bucks Burn and the other on the Den Burn, with the windmill at the Gallowgate head and the two sea mills lately built, with liberty and privilege to them to build more mills at their pleasure, with the multures and sequels of the said mills, castle hill, green suburbs, called Fittie, with the chapel thereof, boats and white fishings belonging thereto, bulwark, port and shore of Aberdeen, mill dams and passages thereof, liberty and privilege of the same, uplifting and receiving of the whole small customs, anchorages and shore silver† and other duties thereof, as freely in all respects as the burgh of Edinburgh and their collectors receive at the shore of Leith or any other free burgh at any other shore within this kingdom receives the like, the bell customs, small customs, toll and other customs used and wont, tron weight of the said burgh, fees and duties belonging thereto, all other weights and measures, liberties, privileges and immunities belonging to the said burgh in any sort, specially and generally mentioned in the said charter, dean of guild, courts, councillors and members thereof, free markets and fairs, with power to build more mills, as well windmills as corn mills and waulk mills, within the said burgh, liberty and territory thereof, and to set the same in tack or feu, and to call, pursue, arrest and incarcerate persons, delinquents and contraveners of the privileges, acts, statutes, decreets and sentences of the said burgh and to fine them; and also all and sundry lands, houses, tenements, yards, kirk lands, with all their pertinents, lying within the precinct of the said burgh pertaining of before to whatsoever abbacies, priories, preceptories, ministries, chaplainries, prebendaries, altarages and other benefices, with the whole feu duties and other duties thereof, in all time coming, interest of heritable vassals and tenants to receive with all annualrents, feu ferms and other yearly duties of the said houses, yards, tenements, kirk lands and other tenements foresaid used and wont, all and sundry chaplainries, altarages and annualrents belonging of old to the chaplainries of St Nicholas within the said burgh, dail-silver† and anniversaries whatsoever which pertained of before to whatsoever chaplainries, prebendaries or altarages founded in whatsoever kirk, chapel or college within the liberty of the said burgh by whatsoever person or persons wherever they lie within this kingdom; all and whole mansion houses, place, buildings, yards and [kirk]† pertaining of before to the grey friars of the said burgh, with the whole duties and rents thereof, common loch, hills, greens and fields called the links, tenants, tenancies, service of free tenants of the said lands and fishings with the parts, pendicles and pertinents thereof, with all other liberties, immunities, rights and privileges whatsoever belonging to the said burgh, and whereof the said provost, bailies, council and community thereof and their predecessors have been in possession in any time bygone with as ample and great privileges and immunities as have been granted and conveyed by our said sovereign lord or his predecessors to the burghs of Edinburgh, Perth, Dundee and other burghs royal within this kingdom at any time bygone, with all right and interest thereof; and also ratified, approved and confirmed the act and statute of the said burgh made by the said provost, bailies, council and community of the said burgh, whereby they statute and ordained that no ground malt shall be brought, presented nor sold within the market of the said burgh privately nor publicly, which act is of the date 11 January 1628, with an ample addition thereto; and has given, granted and conveyed to the said provost, bailies, council and community of the said burgh and their successors forever, the offices of sheriffs, colonel† and justice of peace within the said burgh and whole bounds of the lands, mills, waters, fishings and pertinents thereof with all liberties, privileges, fees, casualties, duties, immunities and commodities thereof, and to review, enquire for, search and try all mets, weights and measures within the bounds of the said burgh and whole sheriffdom of Aberdeen and within all common markets and fairs, as well in burgh as landward, within the bounds foresaid, and to mark all vessels, measures and weights great and small and to exact the fees due thereof; and has also ratified the act of secret council made at Holyroodhouse, 15 July 1619 regarding the constant measure of salmon through this whole kingdom, according to the old gauge and standard of Aberdeen in the whole heads thereof, and has made them and their successors keepers thereof for ever with all fees, duties and commodities thereof used and wont, and to take, apprehend, incarcerate and punish all persons wearing and bearing unlawful and forbidden weapons, and with diverse other privileges and liberties specified in the said charter, whereby our said sovereign, with consent foresaid, has united, annexed and incorporated into with the said burgh of Aberdeen, lands, mills, multures, fishings, anchorage, port, harbour and other liberties and privileges thereof foresaid granted to the said burgh, all and whole the said offices of sheriff, coroner and justice of peace within the bounds foresaid and liberties thereof foresaid, escheats, amercements, liberties, privileges of the same, visiting, enquiring for, searching and trying the said measures and weights within the bounds foresaid, keeping of the said gauge and standard, with the privilege of electing, nominating, presenting and providing ministers to the kirks and chaplainries foresaid, or any of them as often as they shall become vacant, in a free burgh royal to be called now and in all time coming the burgh of Aberdeen, with ample power and privilege in manner at length specified in the said charter to be held by the said provost, bailies, dean of guild, treasurers, councillors, burgesses and community of the said burgh and their successors of our said sovereign lord and his highness's successors, in free burgh royal, free heritage, free burgage, free offices of sheriffship, coroner and justice of peace and within the bounds foresaid forever, as the said charter of the date foresaid at more length bears, with the precept of sasine following thereupon under the testimony of the great seal of the same date, and instrument of sasine following thereupon of the date 31 October 1638, in all and sundry the heads, points, clauses, articles and conditions contained therein, and after the forms and tenors thereof in all points. And our said sovereign lord and the estates of parliament will and grant and, for them and their successors, decree and ordain that this present ratification of the said charter, precept and sasine following thereupon and other acts and charters mentioned therein is and shall be as valid and sufficient, and of as great strength, force and effect to the said provost, bailies, council and community of the said burgh of Aberdeen and their successors for possessing and enjoying of the said burgh of Aberdeen and all and sundry lands, heritages, forests, mills, woods, fishings, offices, casualties, liberties, privileges, immunities and others whatsoever contained in the said charter and otherwise belonging thereto, as if the same charter, precept, sasine, acts and others above-specified mentioned therein were all at length word by word inserted, engrossed and contained in the said ratification thereof, notwithstanding that the same be not so done; concerning which, and with all other defects and imperfections whatsoever which may be proposed or alleged against the same charter, precept and sasine, acts, charters and other writs foresaid mentioned therein or any of them, and the said ratification thereof, our said sovereign lord and estates of this present parliament have dispensed and by this ratification dispense for ever.
[1641/8/377]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the gift and mortification contained therein granted by his majesty in favour of a sufficient minister to be provided to serve the cure within the parish of Glenluce, whereby his majesty has given, granted, mortified, conveyed and confirmed to the said minister, to be provided for serving the cure at the said kirk of Glenluce in place of [Thomas Sydserf], bishop of Galloway, and a schoolmaster to reside at the said kirk of Glenluce, all and whole the precinct and rooms of the said abbey of Glenluce for manses and glebe, and the sum of 1,000 merks money of stipend out of the bishops' rents within the said parish yearly, and the sum of 200 merks to be likewise paid out of the rents of the said bishopric for a schoolmaster to reside at the said kirk of Glenluce, which sum of 1,200 merks his majesty has ordained to be paid to the minister and schoolmaster and their successors in all time coming, in form and manner mentioned in the said mortification, whereby his majesty has dissolved the said precinct and rooms of the said abbey of Glenluce and the said 1,200 merks to be paid to the said minister and schoolmaster and their successors from the said bishopric of Galloway, and has mortified the same for the use of the said minister and schoolmaster in all time coming, and has ordained the said mortification to be completed under his highness's great seal, as in the same of the date 15 November instant at length is contained, in the whole heads, articles, clauses, circumstances and conditions thereof. And hereby his majesty and the said estates will and grant that this present ratification thereof is and shall be as valid, of as great force, strength and effect to the minister and schoolmaster to be provided as said is, and their successors, as if the said letter of mortification were at length inserted herein, concerning which, and with all defects therein and all objections that may be proposed against the said letter of gift of mortification, our said sovereign lord and the said estates dispense for ever. And further, our said sovereign lord and estates of parliament have dissolved, and hereby dissolve, the foresaid precinct and rooms of the said abbey of Glenluce, with the said sum of 1,200 merks yearly out of the rents of the said bishopric of Galloway within the parish of Glenluce and other rents of the said bishopric in manner mentioned in the said mortification, from his highness's crown and patrimony thereof, and from the bishopric of Galloway and from all other benefices whatsoever to which the same were annexed or pertained of before, to the effect the said precinct and rooms of the said abbey of Glenluce and sum above-mentioned contained in the said signature, gift and mortification above-written may remain with the said minister and schoolmaster above-designed in manner and to the effect contained in the said mortification perpetually in all time coming; and declare that the foresaid gift and mortification, with this legislation ratifying the same, shall be sufficient and valid rights to the said minister and schoolmaster for possessing of the said precinct and uplifting of the foresaid 1,200 merks above-written to the effect respectively before rehearsed in all time hereafter.
[1641/8/378]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the letters of gift granted by his majesty, with advice and consent of his highness's treasurer, comptroller and collector or treasurer of his highness's new augmentations, depute, within this realm and kingdom of Scotland, and of the other lords and others of his highness's exchequer of the said kingdom of Scotland, his highness's commissioners, to and in favour of John Malcolm under his majesty's privy seal of the date at Whitehall, 25 July last, whereby his majesty, with advice and consent foresaid, has made, constituted and ordained the said John Malcolm his highness's chamberlain of his majesty's lordship and stewartry of Fife and collector and receiver of his highness's rents, mails, ferms, kanes, customs, casualties and duties to be paid to his said [majesty] out of his said lordship and stewartry of Fife, lands, lordships, baronies and others pertaining thereto, of all years and terms to come during the said John Malcolm's lifetime, and giving and granting to him the said office and place thereof, with all fees, duties, privileges and commodities belonging to the said office of chamberlain of Fife during all the days of the said John Malcolm's lifetime, now vacant, fallen and become in his highness's hands and at his highness's donation, gift and disposition in manner specified in the said letters of gift, with ample power and privileges to the said John Malcolm regarding the said office, using and exercising thereof, as the said letters of gift of the date foresaid at more length bear, in all and sundry the heads, points, clauses, articles and conditions contained therein, and after the form and tenor in all points. And our said sovereign lord and estates of parliament will, grant, decree and ordain that the said letters of gift and this present ratification thereof is and shall be a sufficient right to the said John Malcolm for possessing, using and exercising of the said office during his lifetime, according thereto in all points, without question or contradiction.
[1641/8/379]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, for seen and weighty causes moving his highness, has ratified, approved and perpetually confirmed and, by this legislation, ratifies, approves and perpetually confirms, a charter and infeftment under the great seal, dated 22 February 1634, granted by the king's majesty in favour of Colonel John Leslie, lawful son to the late David Leslie of Otterston and Agnes Logan, his spouse, together with the instrument of sasine following thereupon, of the date 29 May 1634, under the note and subscription of Andrew Glassford, notary, given by virtue of a precept directed forth of our sovereign lord's chancellery in favour of the said Colonel John Leslie, lawful son to the late David Leslie of Otterston and Agnes Logan, his spouse, of all and whole the lands of Myres, Over and Nether, lands of Auchtermuchty, with the manor place, tower, fortalice, dovecots, orchards, yards, parts, pendicles, annexes, connexes, dependencies and that outset called Dunshelt, tofts, crofts, houses, buildings, tenants, tenancies, service of free tenants and pertinents thereof whatsoever, with the privilege of commonty in the hills of Auchtermuchty and other commonties pertaining to the said lands used and wont, and of all and whole the meadows of Auchtermuchty, and whole lands as well arable as unarable and the grazing yards within the said bounds, lying within the stewartry and sheriffdom of Fife. And also ratifying and approving and perpetually confirming a signature superscribed by his highness, of the date 21 October 1641, whereby his majesty has given and granted to the said Colonel John Leslie in liferent, and to Patrick Leslie, his son, his male heirs and assignees whatsoever heritably in fee, the office of macer and serjeant of arms, together with the whole dignities, privileges and duties pertaining and belonging thereto, together also with the feu ferm duties of the lands of Myres, Over and Nether, lying within the parish of Auchtermuchty, stewartry and sheriffdom of Fife pertaining heritably to the said Colonel John Leslie, the same extending yearly to the sum of £10 10s Scots money, with all that has followed or may follow thereupon in all and sundry the heads, clauses and condition thereof; and declares this present ratification to be as effectual to the said Colonel John Leslie, his son and their foresaids as if the same were inserted and set down herein at length and word for word; concerning which our said sovereign lord and estates of parliament have dispensed and hereby dispense for ever.
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Our sovereign lord and estates of this present parliament, considering that there was a supplication given in to the general assembly held in Edinburgh in the year 1639 at the instance of Thomas Erskine of Pittodrie, making mention that whereas the said Thomas's predecessors of the barony of Balhalgardy, since the days of King Robert the Bruce of worthy memory, had been still infeft in the patronage of the chaplainries of Warthill, Collyhill, Pitgaveny and Knokinglase† as part and pertinent of the said barony, ratified and confirmed in diverse parliaments and in the last parliament held at Edinburgh by our said sovereign lord, which whole chaplainries and lands thereto mortified had been of a long time since feued by the chaplains to the heritors for small feu duties, so that there remained but one very final duty to be paid yearly out of these whole lands, and the said Thomas as patron being most willing that the small duties yet remaining might be employed to some pious use had upon his own charges and expenses erected and built a house of two houses height at the Chapel of Garioch, of intention to put some old, poor and decrepit men therein for their better accommodation of their service to God, which intention of his could not so well be put in execution unless these small duties yet remaining of these chaplainries were a part of their provision and maintenance; and seeing the said Thomas had the right of patronage and also that there was no use for the said small duties according to their first foundation, therefore he, as patron foresaid, thought it fit to alter the said foundation and confer the same to these poor men for their better maintenance, to which he did most humbly supplicate the approbation of the foresaid general assembly so far as did concern the ecclesiastic part, and from the same assembly be represented to this present parliament, whereby the civil and legal authority might be interposed, and that the said late erected house might be called the Hospital of the Barony of Balhalgardy in all time coming, which supplication and desire thereof being seen and considered by the said general assembly and found the same to be reasonable, they referred the same to this present parliament, as the extract of an act of the same assembly of the date at Edinburgh, 29 August 1639 foresaid, 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 the intention of the said Thomas Erskine religious and pious, have therefore altered and changed and, by this ratification, alter and change the first foundation of the feu duties foresaid of the said chaplainries, and have erected and, by this ratification, erect the said house built by the said Thomas Erskine at the Chapel of Garioch in a hospital house, called and to be called in all time coming the Hospital of the Barony of Balhalgardy, and destine and ordain the foresaid feu duties of the chaplainries above-written to be employed for a part of the provision and maintenance of the said poor, old, decrepit men to be put in the said hospital, to the effect foresaid; and make and constitute the said Thomas Erskine, his heirs and successors patrons of the said new erected hospital called and to be called the Hospital of the Barony of Balhalgardy in manner foresaid, and give, grant and convey to the said Thomas and his foresaids the right of patronage of the said new erected hospital with all privileges belonging thereto, to be held of our sovereign lord and his highness's successors, and ordain an infeftment to be passed and completed thereupon in favour of the said Thomas and his foresaids under his majesty's great seal in the appropriate form, and also declare the said Thomas Erskine and his foresaids to be superiors to the vassals of the foresaid chaplainries in place of the chaplains thereof for receiving of vassals and entering of heirs to the lands feued by the chaplains thereof, according to that act of this parliament made in favour of lay patrons of provostries, prebendaries, chaplainries and altarages.
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Our sovereign lord, with advice and consent of the estates presently convened, ratifies, approves and confirms the charter granted by his majesty in favour of his highness's beloved Alexander Maxwell of Dechmont, one of the ordinary macers before the lords of council and session, and Margaret Borthwick, his spouse, and longest liver of the two, in conjunct fee, and the heirs lawfully procreated or to be procreated between them, which failing, the said Alexander Maxwell's nearest and lawful heirs and assignees whatsoever, of all and sundry the lands of Over Dechmont, with all their pertinents, lying within the sheriffdom of Linlithgow, all and whole the temple lands, with the pertinents, lying in Over Detachment lying run rig between the lands of Wester Bangour on the one part and the lands of Nether Dechmont on the other part, within the said sheriffdom of Linlithgow, which lands, with the pertinents lying as said is, are all erected in a whole and free barony, called the barony of Dechmont; together with the precept and infeftments following thereupon, as the said charter granted to them thereupon under his highness's great seal of the date 21 December 1637 at length bears, in the whole heads, articles, clauses, circumstances and conditions thereof above-written mentioned therein. And our said sovereign lord wills and grants and, for his majesty and his successors, with advice of the said estates, decrees and ordains that this present ratification is and shall be as valid and sufficient, and of as great force, strength and effect to the said Alexander Maxwell, his said spouse and their foresaids for holding and possessing of the said lands and barony of Dechmont, with the pertinents, as if the said charter, infeftment, precepts and rights following thereupon were at length word for word inserted herein; concerning which, and all defects and objections that may be proposed in the contrary, our said sovereign lord, with advice and consent of the said estates, dispenses for ever.
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Our sovereign lord, with advice and consent of the estates of this present parliament, for sundry weighty causes moving his highness, has ratified and approved the charter and infeftment under the great seal, dated 1 March 1634, made in favour of Master Harry Chap of Ormiston, advocate, in liferent, and Master James Chap, his son, in fee, his heirs and assignees specified therein, of two ploughs of land of the Grange of Lindores, called Ormiston Wood and Whitepark, and others specified in the said charter, together with the instrument of sasine and all other rights and securities following thereupon, in the whole heads, clauses and conditions thereof, and declares this present ratification to be as valid and effectual as if the said charter, instrument of sasine and all other writs, rights and securities following thereupon were inserted and set down herein at length word for word, notwithstanding the same be not so done; concerning which our said sovereign lord and estates of parliament have dispensed and hereby dispense for ever.
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Our sovereign lord, with advice and consent of the estates of this present parliament, by this legislation, ratifies and approves the signature, donation and mortification mentioned therein, subscribed by his majesty's hand, given and granted by his highness to and in favour of the provost, bailies, council and community of the burgh of Edinburgh and their successors for the help of their college of certain feu mails, feu ferms, teinds, quots of testaments and others particularly mentioned and contained in the foresaid signature, gift and mortification above-specified, together with the advocation, donation and right of patronage of the kirks of Holyroodhouse and North Leith, which, with the said feu mails, feu ferms, teinds, quots of testaments and others specified and contained in the foresaid gift and mortification, pertained to the late bishopric of Edinburgh, by the which gift, donation and mortification above-written his majesty has dissolved the foresaid feu mails, feu ferms, quots of testaments and others generally and particularly contained therein from the crown and bishopric of Edinburgh foresaid, and has mortified the same to the said provost, bailies, council and community of the said burgh of Edinburgh in manner and for the effect contained in the said signature, as the same of the date at his majesty's palace of Holyroodhouse, 30 September 1641 more fully purports and bears, together with the charter to be completed and passed upon the said signature under the great seal, with the precept of sasine and instrument of sasine to follow thereupon, in all and sundry points, articles and clauses contained in the foresaid signature, and to be contained in the charter and infeftment to be passed and completed thereupon; and declares this present ratification thereof 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, his majesty and estates of parliament have dissolved and by this ratification dissolve all and sundry the foresaid feu ferms, other ferms, teinds, teind duties, patronages and others mentioned in the said signature, gift and mortification above-written from his highness's crown and patrimony thereof, and from the said bishopric of Edinburgh and from all other benefices whatsoever, to which the same were annexed or pertained of before, and suppress and extinguish the name and memory of the said bishopric of Edinburgh in all time coming to the effect the said feu ferms, other ferms, teinds, teind duties, patronages and others above-mentioned contained in the said signature may remain with the said provost, bailies, council and community of the said burgh of Edinburgh and their successors to the uses respectively specified in the same signature perpetually in all time hereafter. And also our said sovereign lord and estates of parliament declare, statute and ordain that the foresaid signature, with the charter, infeftment and sasine to be completed thereupon, with this present ratification thereof, shall be sufficient and valid rights and securities to the said provost, bailies, council and community of the said burgh of Edinburgh and their successors for possessing and enjoying of the feu ferms, other ferms, teinds, teind duties, patronages and others mentioned therein to the uses respectively above-specified perpetually in all time coming. And our sovereign lord and estates of parliament declare that this present ratification shall in no way derogate to the strength, validity and force of that act of this present parliament, whereby the quots of all testaments are discharged as the act made relating thereto purports, to which this ratification shall in no way be prejudicial.
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Our sovereign lord and estates of this present parliament ratify and approve the feu charter and infeftment made, given and granted by the late John Lauder, archdean of Tweeddale and commendator of the vicarage of the parish kirk of Kilrenny, within the diocese of St Andrews, with consent of the commendator of the convent of the monastery of Dryburgh, patron thereof, archbishop of St Andrews and others of the convent of the said monastery, to the late John Beaton of Kilrenny and Agnes Anstruther, his spouse, and longest liver of the two, and the heirs then lawfully procreated or to have been procreated between them, which failing, the male heirs of the said late John whatsoever, of all and sundry the tenth or teind of fishes, and chiefly of herring and other fishes whatsoever occurring or coming to the new port or harbour of Kilrenny, or to have been built thereto, and pertaining and belonging to the said vicar or his successors forever, with all liberties, commodities, easements and righteous pertinents whatsoever, excepting only those which were incumbent to the citizens of the east part of the burn of the town of Anstruther to the vicar of Kilrenny, to have been built in the said new port, for the time to be taken that thereafter should happen, which teinds were reserved to the vicars or commendators of Kilrenny for the time, which were reserved forever upon the condition nevertheless that time about the teinds of the boats of the said new port of Kilrenny in the ports of Anstruther within the parish of Kilrenny for the time to be applied should pertain and belong to the said late John and Agnes†, of the date 19 and 23 February 1543, with the instrument of sasine following thereupon, and with all other and subsequent rights, titles and securities made, granted, conceived or that in any way may be extended or interpreted in favour of David Beaton of Balfour and John Beaton, his eldest lawful son, fiar thereof, now undoubted heritor of the said teinds, in all and sundry the heads, points, clauses, articles, provisions, conditions and circumstances thereof, and after the forms and tenors of the same in all points. And will and grant that this present general ratification of the said writs, rights and securities specially and generally above-written shall be as valid, effectual and sufficient to the said David and John Beaton, their heirs and successors, for possessing of the said teinds in all time coming, as if the same were herein specially and particularly word for word expressed, inserted and contained; concerning which, our sovereign lord and estates of parliament have dispensed and hereby dispense for ever.
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Our sovereign lord and estates of parliament ratify and approve the signature and gift and disposition contained therein, superscribed by his majesty, to and in favour of John Innes of Leuchars, his male heirs and assignees of the bailiary of the lordship and regality of Spynie and constabulary of the castle thereof, and keeping of the wood and loch of the same with the accustomed fees and £300 Scots more for upholding of the said castle, to be held of the king's majesty and his successors for payment of the blench duties contained in the said signature in manner specified therein, which is dated at Holyroodhouse, 1 October last, with the charter, precept and instrument of sasine to follow thereupon, in all and sundry heads, 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 the foresaid ratification and confirmation is and shall be of as great value, force, strength and effect to the said John Innes, his male heirs and assignees as if the foresaid signature were word by word expressed herein; and also as if the charter, precept and instrument of sasine to follow thereupon were also expressed 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.
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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 at Holyroodhouse, 8 November instant, to found, mortify and convey to the cathedral kirk of Dunkeld and to the ministers serving the cure thereat present and to come, 1,000 merks Scots yearly for maintaining the ministers thereat, and £100 Scots for upholding the fabric of the said kirk, to be uplifted out of the late bishops' rents of Dunkeld in manner at length specified in the said signature, therefore his majesty and estates of parliament have ratified and approved and, by this legislation, ratify and approve the foresaid mortification with all that is appointed to follow thereupon, in all and sundry heads, articles, clauses, 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 confirmation to be as valid and sufficient to the ministers serving the cure at the said kirk of Dunkeld now present and to come, as if the foresaid signature and mortification were word by word expressed herein, concerning which and with all that may follow thereupon, his majesty and estates of parliament by this ratification dispense for ever; and dissolve as many of the rents of the said bishopric of Dunkeld as will make up the foresaid sums for the uses respectively above-specified contained in the said signature from his majesty's crown and patrimony thereof, and from the said late bishopric of Dunkeld and other benefices, to which the same was annexed of before, to the effect the foresaid sums of money may remain with the said kirk of Dunkeld and ministers serving the cure thereat, present and to come, for the uses respectively foresaid, as a testimony of his majesty's favour in all 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 charter and infeftment of alienation, vendition and disposition contained therein, with the precept of sasine inserted therein (and instrument of sasine following thereupon) made and granted by Robert Keith of Seaton to his majesty's beloved James Gordon, son lawful to Master James Gordon, writer in Edinburgh, procreated between him and the late Janet Kirk, his spouse, his heirs and assignees whatsoever heritably and irredeemably, of all and whole the sunny and shadow half of the town and lands of Seaton, with the pertinents, containing, lying and bounded in manner specified in the said charter, with power to brew and sell ale within the said lands, and also to have a ferry upon the water of Don and ferry freight thereof, with a cuningar and cuningar lands of the Seaton, of that piece or portion of the said lands called Bridgefield, containing the bounds and limits mentioned in the said charter, with the mill of Bridgefield, mill lands, multures and sequels thereof, and of that ward called the Bishop's Ward, with a half net's salmon fishing of the water of Don under and above on both sides of the bridge thereof, with all and sundry their privileges, parts, pendicles and pertinents, lying within the sheriffdom of Aberdeen, to be held of the said Robert Keith, his heirs or successors or of his immediate superiors of the same, in fee and heritage forever, which charter and infeftment is of the date 22 August 1641; together with the signature of confirmation of the foresaid charter, precept and instrument of sasine and others mentioned therein, made and granted by our said sovereign lord with consent nominated therein to the said James Gordon, his heirs and assignees foresaid, which also contains a gift of novodamus of the lands, cuningar, ferryboat, salmon fishing, mill, mill lands, multures, ward and others above-written and particularly mentioned therein, with all their privileges, parts, pendicles and pertinents, lying and bounded in manner contained therein, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage, which signature and infeftment is of the date 2 September last; and with all and sundry other infeftments, charters, sasines, gifts, presentations, services, retours and other evidents and writs, rights, titles and securities whatsoever made and granted to the said James Gordon, or to the said Robert Keith, his author, or to the late William Keith, his father, or any other of his predecessors and authors of or concerning the lands, mill, ferry boat, salmon fishing, mill, mill lands, multures, ward and others above-written of whatsoever date or dates, tenor or contents the same be of, 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 and of as great value, force, strength and effect to the said James Gordon, his heirs and assignees foresaid, for their peaceable holding, enjoying and possessing of the said lands, ferry boat, salmon fishing and others above-written with all their privileges, parts, pendicles and pertinents, as if the said charter, precept and instrument of sasine, confirmation, gift of novodamus 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; concerning which his majesty and estates foresaid have dispensed and by this ratification dispense for ever.
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Our sovereign lord and estates of parliament ratify and approve the decreet of valuation and locality contained therein of the teinds of the said parish of Markinch and ministers' stipend of the said kirk, given by the commissioners appointed by his majesty and estates of parliament for the surrenders and teinds at the instance of his majesty's advocate, for his highness's interest, and of Doctor Andrew Lamont, then minister at the said kirk of Markinch, against the heritors contained therein of the said parish, of the date 1 March 1637, by the which decreet the said lords commissioners, in recompense to the said heritors of the lands and tacksmen of the teinds of the parish of Markinch of that eight chalders of victual yearly imposed upon them to be paid to the minister of the said kirk of Markinch and his successors out of the teinds thereof more than they were due to pay forth thereof of before by their tacks thereof standing in manner mentioned in the said decreet, have added and extended to their former tacks of their teinds of the said parish (whereof there is yet to run the liferent of William [Ramsay], earl of Dalhousie, and nineteen years thereafter) the number of ten years more after the expiring of the said tacks yet to run, in manner and for the reasons and causes at length specified in the said decreet, as the same of the date foresaid at more length bears, in all and sundry the heads and points thereof, in so far as the said decreet concerns and may be extended to the said heritors of the lands of the said parish and tacksmen of the teinds thereof, their right and possessing of the said teinds of the said parish during the said space of ten years next after the said expiring of the said ten years after the said expiring of their said present tacks thereof, standing in manner and according to the said decreet. And will and grant, decree and ordain that the said decreet is and shall be a good, valid and sufficient right to the said heritors and tacksmen of the said parish of Markinch and their successors for possessing of their said teinds of the said parish during the said space of ten years after the said expiring of their said present tacks thereof, according to the said decreet, addition and act contained therein in all points, without question, objection or contradiction.
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Our sovereign lord, with advice and consent of the estates presently convened, ratifies, approves and confirms to and in favour of his highness's beloved Robert Adair of Kinhilt, his heirs and assignees, a charter granted by his majesty's dearest father of eternal memory, under his highness's great seal, in favour of the late Ninian Adair of Kinhilt of all and whole the five merk land of Drummore, with the tower, fortalice, manor place, houses, buildings, yards, orchards, mill, multures, annexes, connexes, tenants, tenancies, service of free tenants and all their pertinents, with the advocation, donation and right of patronage of the parish kirk and parish of Kirkmaiden in the Rhinns, all lying within the sheriffdom of Wigtown, together with the precept and instrument of sasine following thereupon; together also with the retours, infeftments and other rights made and granted in favour of the said Robert Adair of Kinhilt succeeding as heir to the said late Ninian Adair of Kinhilt in whose favour the said charter was granted, as in the same, of the date 28 September 1602, at length is contained, in the whole heads, articles, clauses, circumstances and conditions thereof mentioned in the said charter, infeftment and other rights granted in their favour. And our said sovereign lord, with advice and consent of the said estates, wills and grants and, for his highness and his successors, decrees and ordains that this present confirmation is and shall be as valid and sufficient and of as great value, force, strength and effect to the said Robert Adair of Kinhilt for holding and possessing of the lands and others foresaid likewise and in the same manner as any of his predecessors or authors held and possessed the same before, or as if the said charter, precepts, instruments of sasine, retours, confirmations and other rights granted to the said Robert and his predecessors were at length word for word inserted herein; concerning which, and all defects and objections to be proposed in the contrary, our said sovereign lord, with advice and consent foresaid, dispenses for ever.
[1641/8/390]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and perpetually confirm the charter of confirmation granted by his majesty's late dearest father of worthy memory, under his highness's great seal, containing a novodamus in favour of the provost, bailies, council and community of the burgh of Rutherglen, of the date at Edinburgh, 21 March 1617, whereby his highness's late dearest father, with advice of his highness's treasurer principal and depute for the time therein nominated, ratified, approved and, for his highness and his successors, perpetually confirmed all and whatsoever charters, infeftments, precepts, instruments of sasine, confirmations, acts, decreets and sentences, with all donations, privileges and immunities contained therein, and granted and confirmed by his majesty's most noble progenitors to the said burgh of Rutherglen and indwellers thereof of whatsoever tenor or tenors, date or dates the same be of, and specially (without prejudice to the foresaid generality) a particular charter of confirmation by his majesty's most noble progenitors King James V, by virtue whereof he ratified and approved all and sundry charters and infeftments made and granted by the late David, William, Alexander and Robert, kings of Scotland, and others of their most noble progenitors of most worthy memory, for creation and erection of the said burgh of Rutherglen in a free burgh royal, with all privileges, liberties and immunities granted by them to the same, and to the provost, bailies, burgesses and community thereof then present and to come within the whole bounds and marches from Nethan to Polmadie, and from Garin to Kelvin, and from Loudoun to Prenteineth, and from Carneburgh† to Carron, and in all other places specified and contained in the said infeftments; ordaining also by the said charter that no person take customs or other duties belonging to the said burgh which thereto pertained in King David's days, and wherever the said provost or bailies of the said burgh or their officers and serjeants could apprehend the same person, that the lord of that land wherein the said person shall be apprehended shall help the said provost and bailies and their serjeants until they acquire their customs, rights and duties, and if the said lord or master of the said town and land fail therein, that he shall incur a fine or amercement of £10; and also inhibiting all and sundry our sovereign lord's lieges that no person take any goods to be sold outwith the foresaid bounds unless they be first brought and offered to the said burgh, and also giving and granting to the said provost, bailies and community of the said burgh and their successors that they shall be perpetually free in all parts of this kingdom of all tolls, customs and impositions of their cattle and goods, as the said charter of confirmation ratifying and approving the foresaid charters and infeftments to the said burgh of Rutherglen and their successors in form and manner above-written, of the date 12 June 1542, at more length bears; together with all and sundry other charters, infeftments, donations, privileges, immunities, sentences, decreets and other rights and evidents whatsoever made, given and granted by our said sovereign lord's late dearest father and his most noble progenitors or any other person or persons to the said burgh of Rutherglen, or in favour of the provost, bailies, council and community thereof, or their predecessors or successors, concerning the erection of the said burgh in a free burgh royal, and with all rights, titles and privileges pertaining thereto or which by the laws and customs of this kingdom are known to pertain thereto; and of all and sundry lands, tenements, houses, buildings, yards, annualrents, feu ferms, ground annuals and duties, yards, orchards, crofts, mills, woods, fishings, coals, coal pits, muirs, mosses, ways, passages, ferms or duties whatsoever, and of all and whatsoever other tenements, houses, buildings, chapels, chapel yards and annualrents whatsoever pertaining to the said chapels and kirk altars founded and lying within the territory, liberty and jurisdiction of the said burgh and pertaining and belonging thereto, and whereof the said burgh was in use and possession of before, as in the said charter of confirmation granted by his majesty's late dearest father relating thereto ratifying and approving the foresaid charters and infeftments particularly and generally above-written to the said burgh of Rutherglen and to the said provost, bailies, council and community thereof and their successors, containing the said clauses of novodamus and certain other privileges, liberties and immunities at more length is contained, in all and sundry heads, articles, clauses, provisions, conditions and circumstances whatsoever specified and contained therein, with all that has followed or may follow thereupon. Moreover, our said sovereign lord and estates of parliament will and grant that this present confirmation and generality thereof shall be as valid and of as great strength, force and effect as if the said charter of confirmation granted by his majesty's said late dearest father containing the said novodamus had been word by word inserted herein.
[1641/8/391]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm the two letters of gift after-specified, both of the date 16 November instant, namely: one thereof granted by his majesty to and in favour of Colonel Alexander Hamilton, general of the artillery, whereby his majesty makes and constitutes him general of his majesty's artillery and master of his ordinance and ammunition, together with the privileges, honours, fees and dignities belonging thereto, as the said letter of gift of the date foresaid at more length bears; and also ratify, approve and confirm another gift and confirmation granted by his majesty of a letter of pension of £800 sterling yearly to be uplifted out of the wine imposts by the said Colonel Alexander Hamilton, general of the artillery foresaid, during all the days of his lifetime, together with the bygone arrears thereof, as the said letter of the date foresaid at more length purports, in the whole heads, clauses, articles and conditions of the said two letters of gift above-mentioned. And statutes and ordains that this present ratification shall be as valid and effectual to the said general of the artillery as if the said gifts were and had been granted in parliament or by advice thereof, and as if the same were word by word engrossed herein; concerning which, and with all other solemnities, his majesty and estates foresaid freely dispense.
[1641/8/392]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having respect to the well of the hospital founded and situated within the town of Edinburgh now and of old called the Magdalene Chapel, whereof the hammermen of Edinburgh are patrons, and for the good, true and thankful service done to his highness and his majesty's predecessors by the said hammermen of Edinburgh, have ratified and approved and, by the tenor hereof, ratify and approve the charter of mortification made, given and granted by his majesty under the great seal, of the date at Holyroodhouse, 19 October last, of the sum of £109 sterling in favour of the beadsmen of the said chapel, called Magdalene Chapel, and of the hammermen of the said burgh and their successor patrons thereof, payable out of the rents of the bishopric of Dunkeld, vacant in his majesty's hands through the abolishing and suppressing of bishops within this realm by the persons particularly nominated and expressed in the said mortification, their heirs and successors, in all and sundry points, privileges, heads, articles, gifts, donations, ratifications, clauses, circumstances and conditions whatsoever specified and contained therein. And his majesty and estates foresaid of this present parliament will, grant, declare, statute and ordain that the beadsmen and decayed tradesmen of the said hospital from time to time shall peaceably and freely possess, hold and enjoy the benefit of the foresaid mortification and sum of money above-written, thereby mortified in all time coming, after the form and tenor of the said charter of mortification in all respects, without any hope, trouble or impediment to be made or moved in the contrary, and that this present general ratification and approbation thereof is and shall be as sufficient and have as great force, strength and effect to the said beadsmen and to the present deacon and masters of the hammermen as representing the whole body and their successor patrons of the said hospital in all respects and conditions as if the same were at length word by word inserted herein.
[1641/8/393]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament by this legislation ratify, confirm and approve the charter and infeftment granted by his majesty, under his highness's great seal of the kingdom of Scotland, to and in favour of his majesty's right trusty cousin and councillor Patrick, earl of Tullibardine, lord Murray of Gask and Balquhidder, and to his male heirs and assignees whatsoever, of all and sundry the lands and others after-mentioned, namely: of all and whole the lands and barony of Logie, called Logiealmond, with free regality thereof, privileges and immunities of the same, with tower, fortalice, manor place, yards, orchards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenancies, service of free tenants thereof and all their pertinents, lying within the sheriffdom of Perth; of all and whole the lands of Pitlandie, the town and lands of Drumfin and pendicle thereof, called Lassillis, six merk land of the town and lands of Castleton which originally were set in feu ferm to the late William Murray, son and for the time apparent heir to the late William Murray of Tullibardine, knight, with the pendicle thereof called Gowanehill, and with the wood, ward and acres of land at Castleton pertaining thereto; all and whole the two merk land of the town and lands of Castleton sometime pertaining to Oliver Murray in Castleton, the lands of Tofts of Drumfin, the lands of Kersheed with the meadows thereof and mill of the same, now commonly called the West Mill of Gorthie, with the mill lands and multures thereof, as well dry as other multures, which of old were paid to the millers thereof in time bygone, and specially the multures of the lands of Lacoke, Kerseheed, Mylnetoune and Gorthie, Pitmannie and pertinents thereof, with the pendicles of the said lands of Kersehead commonly called the Merchrige, Coulekerse and other carses thereof, the lands of Mylnetoune, the lands of Trewin†, the lands and forests of Corrymuckloch and Glenshervie, the lands called the Kyle of Glenalmond, lying upon either of the sides of the water of Almond, bounded between the said water and the height of the mountain and inflow of the said water as wind and weather shears† on either side of the said water in breadth, and lying between the said lands of Corrymuckloch on the east and the lands of Strouellie and Tumpines thereof on the west in length, to the north of the said water of Almond, and between the crag called Crigagyre on the east and the corrie called Corriehervie on the west, on the south side of the said water in length; together with all and sundry other corries, glens, woods, fishings, shiels† and pasturage whatsoever, lying within the bounds above-written, together also with the privilege of free forest within the whole bounds of the said lands of Corrymuckloch, Glenshervie and lands called the lands of Kyle of Glenalmond, bounded as said is, and with the right, jurisdiction and privilege of holding of courts of free forest, with other privileges and liberties of a free forest within the said bounds, with all and sundry castles, towers, fortalices, manor places, houses, buildings, yards, orchards, dovecots, mills, multures, woods, lochs, fishing of salmon and other fishings, meadows, tenants, tenancies, service of free tenants, annexes, connexes, dependencies, parts, pendicles and pertinents whatsoever of the lands and others above-written, all lying within the stewartry of Strathearn and sheriffdom of Perth; the lands called Wardinscrofte, Abbotscrofte and Calseyend, with houses, buildings, yards, orchards, parts, pendicles and pertinents, lying within the barony of Cardny† and sheriffdom foresaid; the lands of Fornoch, the lands of Stokland and Croftstrandie extending to four acres and half an acre of land or thereby, with houses, buildings, yards, parts, pendicles, lying within the stewartry and sheriffdom foresaid, with ten merk land of Pitvare, Solliegarth and five pound land of the west part of Finnache, with the pertinents, lying within the said sheriffdom; all and whole the lands of Moulaig†, with all and sundry parts, pendicles and pertinents thereof, lying in the barony of Sthraernid†; and also all and whole the lands of Fandowie with the manor place of the same and pendicles thereof, called Auchingoure and Auldmade, with yards, orchards, mills, woods, fishings, tenements, tenancies, service of free tenants thereof, parts, pendicles and pertinents of the same, lying within the said sheriffdom of Perth, as the said charter of the date 17 December 1638 at more length purports, in all and sundry the heads, articles, clauses, conditions and circumstances specified and contained therein, together with the precept of sasine and instrument of sasine following thereupon, whole heads and clauses thereof, saving and reserving to our said sovereign lord and his majesty's successors the duties, rights and services due and owing to his majesty and his majesty's predecessors for the lands and others above-expressed before this present confirmation. Moreover, our said sovereign lord, with consent foresaid, wills and grants and, for his majesty and his highness's successors, decrees and ordains that this present confirmation is and shall be as valid and sufficient to the said Patrick, earl of Tullibardine and his foresaids as if the said charter, precept and sasine following thereupon were all word by word and at length inserted and engrossed herein, and as if the same had been made and granted to them before the taking of sasine of the lands and others above-expressed, notwithstanding if the sasine, if any be, already taken of the same; concerning which, and with all other defects and imperfections which in any way may be proposed or alleged against the said charter or this present confirmation thereof, his majesty, with consent foresaid, has dispensed and by this ratification dispenses for ever.
[1641/8/394]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, for seen and weighty causes moving his highness, has ratified, approved and confirmed and, by this legislation, ratifies, approves and confirms that contract and appointment of the date 11 October 1641, made between his highness on the one part and Master Alexander Wedderburn, town clerk of Dundee, on the other part, by the which contract our said sovereign lord has set in tack and assedation to the said Master Alexander all and sundry his highness's customs of Dundee for payment of a certain tack duty, and also has given power to the said Master Alexander for collecting, gathering in and receiving of his majesty's impost of all sorts of wines within the said burgh during the space mentioned in the said contract, as also has given and granted to the said Master Alexander a certain yearly pension during the space and for the causes specified in the same contract, in all and sundry the heads, clauses and conditions thereof, with all that has followed or may follow thereupon; and declares this present ratification to be as valid and effectual as if the foresaid contract were inserted herein at length word for word.
[1641/8/395]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter granted by his majesty, under his highness's great seal, of the date at Edinburgh, 29 March 1634, precept and instrument of sasine following thereupon in favour of his majesty's beloved Sir William Dick of Braid, designed thereby William Dick of Braid, merchant burgess of Edinburgh, and to his heirs and assignees whatsoever heritably, of all and sundry the lands of the Mains of North Berwick, with manor places, houses, buildings, yards, orchards, dovecots, links, parts, pendicles, fishings and all their pertinents; the lands called the ferm lands or ferm acres with the links thereof, extending in the whole to 15 husband lands, with all and sundry their pendicles and pertinents, together with the teinds of the fishes of the whole port of North Berwick; of all and whole the west part of the town of North Berwick, called the Nungate, lying upon the west side of the burn, called the Clarty Burn, with all and sundry lands, tenements, houses, buildings, tofts, crofts, outsets, barns and other pertinents thereof, and of those four crofts of land with their pertinents lying upon the south side of the burgh of North Berwick; and all and whole the corn mill, called the corn mill of Linton, upon the water of Tyne, with houses, buildings, yards, tofts, crofts, multures and sequels and pertinents thereof, all lying within the sheriffdom of Edinburgh and constabulary of Haddington; and of all and whole the lands of Grange of Breich, with houses, buildings, yards, parts, pendicles and pertinents thereof, lying within the parish of Calder and foresaid sheriffdom of Edinburgh; and of all and whole the isle of Langbelland, with their pertinents, together with the advocation, donation and right of patronage of the chaplainries or altarages, called the Lady Altar, Rude Altar and St Sebastian's Altar, founded of old within the parish kirk of North Berwick; and also of all and whole the teinds sheaves and other teind fruits, rents, emoluments, proviants and duties whatsoever, parsonage and vicarage, of all and whole the said lands of the Mains of North Berwick, with parts, pendicles and pertinents thereof; and of all and whole the said lands, called the ferm lands or ferm acres, with their pertinents; and of all and whole the said west part of the said town and lands of North Berwick, called the Nungate, lying upon the west side of the said burn, called the Clarty Burn, with tofts, crofts and pertinents thereof, and of the meadow called the Law Meadow and North Berwick Law, and of the mills of Kinketh, crofts and pertinents thereof; and also of all and sundry the lands underwritten, namely: of the lands called Horscruike and lands called Puntoun, Myriefauld, Sligobake, Pontounrig, Pontonemyre, North Meadow of Heugh near North Berwick Law, and of the lands of Bonnington and Greensyd, with their pertinents, being proper parts and pertinents of the said lands of Heugh pertaining heritably to the said Sir William Dick, lying within the parish of North Berwick. All the said teinds, lands and others above-specified with all their parts, pendicles and pertinents, with certain other lands and teinds, were erected in a whole and free barony called the barony of North Berwick, as the said charter of the date foresaid at more length purports, in the whole heads, articles, clauses, conditions and circumstances of the same charter, precept and instrument of sasine following thereupon, conceived in favour of the said Sir William Dick and his foresaids, saving and reserving always to our said sovereign lord and his majesty's successors the rights, services and duties due and customary to be paid to his majesty and his highness's predecessors for the lands, teinds and others foresaid before this present confirmation. Moreover, our said sovereign lord, with advice and consent foresaid, wills and grants and, for his majesty and his highness's successors, by this ratification, decrees and ordains that this present ratification is and shall be as valid and sufficient to the said Sir William Dick, his heirs and assignees foresaid as if the said charter, precept and instrument of sasine following thereupon were all word by word and at length expressed and inserted herein, or as if the same had been made and granted to them before the sasine taken by them of the lands, teinds and others foresaid, notwithstanding of the sasine if any be already taken by them of the same; concerning which, and regarding all other defects and imperfections whatsoever which in any way may be proposed or alleged against the validity of the said charter, precept and instrument of sasine following thereupon, or this present ratification thereof, his majesty, with advice and consent foresaid, has dispensed and, by this ratification, dispenses for ever.
[1641/8/396]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and, for his majesty and his successors, perpetually confirm to and in favour of his majesty's beloved Sir William Dick of Braid, knight, and of his heirs and assignees the letter of tack and assedation set, made and granted by the late Sir James Baillie of Lochend, knight, archpriest of Dunbar, with advice and consent of the late George [Home], earl of Dunbar, lord Home of Berwick, undoubted patron of the said archpriestship and college kirk of Dunbar, and with consent of the dean and other prebendaries of the said college kirk of Dunbar, and of the late James [Hamilton], earl of Abercorn etc., as tutor to the late Claud [Hamilton], lord Paisley, dean of the said college kirk, to the late William Lauder in Belhaven, son and heir to the late Mawries Lauder, burgess of Dunbar, for all the days of his lifetime, and after his decease to Alexander Lauder, his eldest lawful son and then apparent heir for all the days of his lifetime, and to their heirs, assignees and subtenants during all the days, space, years and terms of three separate nineteen years, each one successively after another, until the two separate liferents and three separate nineteen years be fully complete and outrun, of all and sundry the small teinds, lint, hemp, hay, butter, cheese, calves, geese, pigs, coal, salt and other small teinds pertaining to the said archpriestship of Dunbar, as well of commodities to be won as already won, wherever the same lie, far and near; together also with all and sundry the teind fishes, as well of salmon and herring as other fishes, called red and white fish, taken and to be taken by ships, crayers, boats, cobles or otherwise whatsoever between the mouth of the water of Tyne and Skateraw Burn, within the sheriffdom of Edinburgh and constabulary of Haddington (excepting always to the said archpriest of Dunbar and his successors the whole small teinds of the whole lands then pertaining to the late Sir George Home of Broxmouth, with the teinds of whatsoever fishes that happen to come in cobles or boats to be released within the bounds of Broxmouth) for payment of a certain yearly duty mentioned and contained in the said letter of tack and assedation, as the same of the date [...] July 1609 at more length bears, with the ratification written on the end of the said letter of tack, of the date 18 July 1623, whereby the said Sir James Baillie ratified and approved the same letter of tack and assedation above-specified in the whole heads and clauses thereof; together with the letters of assignation and disposition made by the said Alexander Lauder, tacksman foresaid, of the foresaid letter of tack, whole heads and clauses thereof, to and in favour of George Aitken of Underedge, of the date 8 July 1622, with the ratification written on the end thereof, ratifying and approving the same, subscribed by the said late Sir James Baillie, of the date 21 August next thereafter in the same year; together also with the letter of ratification granted by his majesty under his highness's privy seal, of the date 3 March 1632, whereby his majesty ratified and approved in favour of the said George Aitken, his heirs and assignees the foresaid letter of tack and ratification thereof above-written in the whole heads and clauses thereof. And also his majesty, with consent foresaid, by this legislation ratifies and approves the disposition, assignation and translation made by the said George Aitken of Underedge, for himself and taking the burden upon him for the late Agnes Dalmahoy, his spouse, and the said late Agnes for herself, with consent of the said George Aitken, her spouse, of the date 7 June 1634, to and in favour of the said Sir William Dick of Braid, knight, his heirs and assignees of the said letter of tack and assedation of the said teinds, with the assignation made thereto by the said Alexander Lauder to the said George Aitken and his foresaids, and letter of ratification above-specified, granted by his majesty under his highness's privy seal to and in favour of the said George Aitken of the foresaid tack and ratification thereof above-specified, written upon the end thereof; and also another disposition, assignation and translation made by the said George Aitken to the said Sir William Dick and his foresaids of the same tack foresaid, of the said teinds, assignation above-specified made to the said Alexander† Aitken by the said Alexander Lauder thereto, and of his majesty's ratification foresaid of the said tack and ratification written on the end thereof, which last assignation, translation and disposition made by the said George Aitken to the said Sir William is contained in a contract and appointment passed and perfected between them of the date 19 March 1640, inserted and registered in the books of council and session upon 28 July last, and that in the whole heads, articles, clauses, conditions and circumstances of the foresaid letter of tack, ratifications, translations, assignations and dispositions above-mentioned, conceived or which in any way may be conceived or interpreted in favour of the said Sir William and his foresaids, in whose person the right of the tack foresaid of the said teinds is now established by the rights and titles above-mentioned, saving and reserving always to our said sovereign lord and his majesty's successors the duties, rights and services due and owing to his majesty and his highness's predecessors for the said teinds before this present confirmation. Moreover, our said sovereign lord, with consent foresaid, wills and grants and, for his majesty and his highness's successors, decrees and ordains that this present ratification of the writs and evidents particularly above-mentioned is and shall be as valid and sufficient to the said Sir William Dick and his foresaids for their security of the said teinds during the space foresaid contained in the said tack as if the same writs hereby ratified as said is were all word by word and at length expressed and inserted herein; concerning which, and regarding all defects and imperfections which may be proposed or alleged against the validity of the same writs, or this present ratification thereof, his majesty, with consent foresaid, has dispensed and by this ratification dispenses for ever.
[1641/8/397]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve tacks set by James [Home], earl of Home to Sir David Home of Wedderburn for three liferents and three nineteen years following his entry thereto, of all and sundry the teind sheaves of all and whole the lands of Kello and Kello Bastle, Reedy Loch and Kimmerghame, with the pertinents, lying within the parish of Edrom and sheriffdom of Berwick, dated tack 1621, [...] tack of the towns of the barony of Flemington set by Alexander [Home], earl of Home to George [Home], earl of Dunbar and his heirs for their liferents and [...] nineteen years conveyed by him in favour of Sir George Home of Manderston and by the said Sir George in favour of the said Sir David Home of Wedderburn, which tack bears date 1600.
[1641/8/398]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the charter of confirmation made and granted by his majesty's late dearest father, King James VI of worthy memory, with consent of deceased John [Spottiswood], late pretended bishop of St Andrews, to the provost, bailies, council and community of the burgh and city of St Andrews and their successors, of the date at Whitehall, 28 February 1620, whereby his majesty, with consent foresaid, ratified and approved the charter made and granted in favour of the burgesses and citizens of the said city of St Andrews by Malcolm [IV], called the Maiden King of Scots, who lived in the year of God 1153; as also the donation and infeftment given in favour of the said city of St Andrews and inhabitants thereof by the late Robert, bishop of St Andrews for the time, with consent of David [I], king of Scots, called St David, erecting the said city in a burgh with diverse privileges contained therein. Item, the two distinct charters given and granted in favour of the said city and inhabitants thereof by David II, surnamed the Bruce, concerning the privileges therein expressed given by him to them, which David lived in the year of God 1330. Item, the charter given in favour of the said city, magistrates, citizens, community and inhabitants thereof by the late Mary, queen of Scots, of all lands, tenements, mansions, yards, annualrents and other duties whatsoever pertaining of old to the said city. Item, these charters and infeftments granted in favour of the said city by the late two Rogers, bishops of St Andrews, and the late David [...] concerning the said town and city of St Andrews and erection thereof in a free burgh with free port, haven and harbour, with all privileges, liberties and immunities contained therein; and also whereby his majesty's said late dearest father ratified and approved all other infeftments, donations, ratifications, acts and decreets of parliament, secret council, session, convention of burghs and all other acts and statutes whatsoever made by him and his predecessors, kings and queens of Scotland, or by whatsoever bishops or archbishops in favour of the provost, bailies, council and community, dean of guild, treasurer, citizens, burgesses and inhabitants of the said burgh and city of St Andrews, with all privileges and liberties belonging thereto, but specially the charter and infeftment granted by the late George [Gledstanes], archbishop of St Andrews in favour of the said provost, bailies, council and community of the said burgh or city and inhabitants thereof, dated 18 August 1614, with the mutual contract passed between the said late archbishop and the magistrates, council and community of the said city for the time on the one and other parts, whereto the said charter is relative, dated 17 December 1611, ratified and approved in the parliament held at Edinburgh, 1612; and in like manner whereby his majesty's said late dearest father of new made, constituted, erected and incorporated the foresaid burgh, town and city of St Andrews, port, haven and harbour thereof, with all lands, tenements, ruids, yards, orchards, mills, astricted multures, other multures, commons, pasturages, links, fishings, as well in the sea as in fresh waters adjacent to the said burgh and city of St Andrews, and within the liberty, freedom and territory thereof, with all privileges, liberties, prerogatives and immunities pertaining thereto, as well generally as specially above-rehearsed, contained in the old infeftments, charters, rights and securities, generally and specially foresaid, in a whole and free burgh royal, free port, haven and harbour in all time coming with all honours, privileges and dignities pertaining to a free burgh royal, in the same way and as freely in all respects as any other city or free burgh royal within this kingdom is erected, ordaining a sasine to be taken by the provost or one of the bailies of the said burgh for themselves and in name and on behalf of the rest of the magistrates, council and community of the said burgh of the whole premises beside or within the tolbooth of the said burgh, to be a good and valid sasine for them and their successors in all ages coming, without any iteration or renovation thereof according to use and wont of all other burghs royal; together with the precept of sasine following upon the said charter, of the date of the said charter, with the instrument of sasine given according thereto, of the date 24 May 1620 under the signs and subscriptions of Thomas Blake and David Skinner, notaries public, in the whole heads, articles, clauses, circumstances and conditions contained therein, ordaining this present general ratification of the foresaid charter, precept and sasine following thereupon to be as good, valid, effectual and sufficient to the said provost, bailies, council, burgesses, citizens, community and inhabitants within the said burgh present and to come in the same way as if the same charter, precept and sasine were at length word by word engrossed herein; concerning which, and regarding all other defects and imperfections following thereupon, his majesty has dispensed and for him and his foresaids, with consent foresaid, by this ratification, dispenses for ever.
[1641/8/399]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, for himself and as father, lawful administrator, tutor, guider and governor to his highness's dearest son, Charles, prince of Scotland and Wales, stewart of Scotland, duke of Rothesay, Cornwall etc., earl of Carrick, Kyle and Cunningham, lord of the Isles, baron of the barony of Renfrew etc., superior of the lands and others underwritten pertaining to the principality and estates of this present parliament, ratifies and approves the charter and infeftment made and granted by our said sovereign lord, for himself and as father, lawful tutor and administrator to his highness's said dearest son, the prince, superior foresaid, with advice and consent of his highness's treasurers principal and depute for the time and other lords of his highness's exchequer of Scotland, his highness's commissioners, to John Hamilton of Carlourie and the late Helen Home, his spouse, the longest liver of the two, in conjunct fee, their heirs and assignees contained therein heritably, of all and whole the town and lands of Lochtulloch and Deans, and of all and whole the lands of Boghall with the manor place and outset thereof called Craigshinney and mill of Lochtulloch, mill lands and multures thereof, with all and sundry manor places, houses, buildings, yards, orchards, parks, woods, fishings, meadows, muirs, mosses, tofts, crofts, outsets, insets, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles, privileges and pertinents, pertaining and belonging to the said lands of Lochtulloch, Deans and Boghall, mill of Lochtulloch and mill lands thereof, or to any part of the same, lying within the parish and sheriffdom of Bathgate, and of old by annexation within the sheriffdom of Renfrew, and made and granted to the said John Hamilton, his heirs and assignees contained therein heritably; of all and whole the town and lands of Starlaw, with the houses, buildings, yards, muirs, meadows, mosses, tofts, crofts, outsets, tenants, tenancies, service of free tenants, parts, pendicles, privileges and pertinents thereof lying within the parish and sheriffdom foresaid upon the resignation of the late John Lawson of Boghall, to whom the same pertained of before heritably; and the new gift and disposition contained in the said charter and union, creation and erection of the said whole towns and lands, mill, mill lands and others above-written, with the pertinents, in a whole and free barony to be called the barony of Boghall in time coming, to be held of his highness's dearest son, the prince, and his successor princes and stewarts of Scotland in free heritage, free barony, free blench ferm in manner specified in the said charter, which is under his majesty's great seal of the date 17 December 1631, and the procuratory and instrument of resignation whereon the said charter proceeded, and the precept and sasine following thereupon, of whatsoever dates, tenor or contents the same procuratory and instrument of resignation, precept and sasine be of or bears, in all and sundry the heads, points, clauses, articles, circumstances, and conditions contained therein, and after the form and tenors thereof in all points. And our said sovereign lord, for himself and as father, lawful administrator and tutor to his highness's said dearest son, the prince, superior foresaid, for their highnesses and their successors, and the said estates of parliament, statute, decree and ordain that this present ratification of the said charter and of the said procuratory and instrument of resignation whereon the same proceeded, precept and sasine following thereupon is and shall be as valid and sufficient and of as great force, strength and effect to the said John Hamilton and his foresaid as if the same charter and rights hereby ratified were all at length word for word inserted and contained therein, 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 charter and rights foresaid, or any of them and validities of the same, or this present ratification thereof, our said sovereign lord, for himself and as father, lawful tutor, guider and 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.
[1641/8/400]*[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 contract and appointment made between his majesty, with advice and consent of his highness's trusty cousin and councillor John [Stewart], earl of Traquair, lord Linton and Caberston, great treasurer, comptroller, collector general and treasurer of his majesty's new augmentations within this kingdom of Scotland, and of his majesty's trusty councillor Sir James Carmichael of that Ilk, knight baronet, his highness's depute in the said offices, and also of the other lords of his majesty's exchequer of the said kingdom of Scotland on the one part, and his majesty's trusty cousin and councillor William, earl Marischal, lord Keith and Altrie, son and heir served and retoured to the late William [Keith], earl Marischal, lord Keith and Altrie etc., his father, on the other part, of the date at the court of Whitehall in England and Inverugie in Scotland, 14 and 28 November 1638, relative to the bond and obligation specified therein granted by our said sovereign lord to the said late William, earl Marischal upon the payment of the sum of £15,000 sterling money, by the which contract our said sovereign lord, with advice and consent foresaid, faithfully promised, bound and obliged him and his successors in the first word to give and grant to the said William, now earl Marischal, his male heirs and assignees whatsoever, a charter and infeftment under his highness's great seal of this said kingdom, whereby his majesty, with consent as said is, should give, grant and convey to the said William, earl Marischal, his male heirs and assignees foresaid, heritably and irredeemably, all and sundry the lands, woods, fishings, castles, towers, fortalices and others particularly specified therein, of old pertaining to the lordship and abbacy of Deer, and which pertained in property to the said William, earl Marischal and his predecessors before the date of their infeftment of erection of the said lordship, and whereof the said earl was then in possession; and also all and whole the lands and others expressed therein of the said lordship of Deer, pertaining also in property to the said Earl Marischal and his predecessors by virtue of the said infeftment of erection, and whereof they had no feu infeftment before their infeftment of erection of the said lordship, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage for the yearly payment of the feu mails and feu ferm duties mentioned in the said contract; and also should give, grant and convey to the said William, earl Marischal and his foresaids, heritably and irredeemably as said is, all and sundry the parish kirks of Deer, Foveran, Peterugie and King Edward, advocations, donations and rights of patronages thereof, together with the whole teinds, parsonage and vicarage, of the parishes of the same and other teinds, fruits, rents, emoluments, profits and duties pertaining and belonging thereto, all lying within the said abbacy of Deer, and thereafter erected lordship of Altrie and sheriffdom of Aberdeen, reserving always to the ministers serving the cure at the said kirks their modified stipends modified to them, according to the act of parliament, to be held of our said sovereign lord and his highness's successors in free blench for the yearly payment of the blench duty specified in the said contract, by the which contract also his majesty, with advice and consent foresaid, exonerated, quitclaimed and simply discharged the said William, earl Marischal, his heirs and executors, as also the heirs and executors of his said late father and all others to whom it pertains, of the feu mails, feu ferms and other duties of his proper lands mentioned in the said contract yearly and each year of the years of God 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636 and 1637; and of the blench duty of the said lordship of Altrie, extending to £140 usual money of this realm yearly, and that of the whole bygone years since the parliament of 1633; as likewise of the sum of 4,000 merks money foresaid of this said realm due to his majesty for the tax duty of the said William, earl Marischal's marriage, and of the sum of 600 merks Scots money foresaid for the yearly taxed ward duty of the lordship of Inverugie of the time of Martinmas [11 November] 1635, Whitsunday [May/June] and Martinmas yearly and each year of the crops and years of God 1636 and 1637, and of the term of Whitsunday [13 May] 1638; and also of the sum of 600 merks money foresaid for relief of the said lordship; and also of £511 2s Scots money foresaid for the non-entry retour duties of the lordship of Dunnottar, containing the particular lands, baronies and others thereto united; and of the lands of Kinellar and feu duties of the davachs of Kintore and mill thereof, and doubling of the same; and of all action, instance and pursuit competent or that may be competent to his majesty or his foresaids for the said sums, in manner specified in the said contract, by the which, likewise his majesty, with consent as said is, gave, granted, wadset and pledged and conveyed to the said William, earl Marischal, his heirs and assignees foresaid heritably all and sundry the feu mails, feu ferms and other duties of the said earl, his said proper lands mentioned in the said contract, together with the blench duty specified therein, extending to the said sum of £140 yearly, and with the superiority of the other lands underwritten, and whole duties and casualties pertaining to the said superiorities, namely: of the lands of Clackriach, Little Elrick, Fechil and Monkshill, with the pertinents, lying within the said sheriffdom of Aberdeen; and of the lands of Barry, lying within the sheriffdom of Banff; and also of the half of the lands of Grange of Rahill and Fisherton of Peterhead, with the pertinents, lying within the sheriffdom of Aberdeen. Likewise his majesty, with consent as said is, bound and obliged him and his successors in the first word to infeft and seise the said William, earl Marischal and his foresaids heritably therein to be held of his majesty and his said successors in free blench in manner specified in the said contract, redeemable always and under reversion in manner contained therein by payment of the sum of £3,000 sterling usual money of the realm of England, and 7,900 merks money of this realm of Scotland; and by the which contract likewise his majesty, with consent foresaid, bound and obliged him and his said successors in the first word thankfully to content and pay to the said William, earl Marischal, his heirs, executors or assignees the sum of £5,000 sterling money foresaid, according to the precept and warrant granted by his majesty to his highness's treasurer for that effect, in manner specified in the said contract, as the same in the self more fully purports, together with the signatures and infeftments following and appointed to follow thereupon, and made for fulfilling thereof, dated 8 February 1639, in the whole heads, articles, clauses, circumstances and conditions of the said contract, signatures and infeftments respectively. And will, grant and declare that this present general ratification and approbation thereof is and shall be as valid, effectual and sufficient to the said William, earl Marischal, his heirs and assignees foresaid as if the same contract, signatures and infeftments respectively were at length word by word engrossed and set down herein, and also as if the said signatures and infeftments were already passed and completed the great seal; regarding which, and all faults and imperfections thereof that may be proposed or alleged against the validity of the said contract, signatures and infeftments following and appointed to follow thereupon, or this present general ratification and approbation thereof, his majesty and estates foresaid have dispensed and by this ratification dispense for ever.
[1641/8/401]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his majesty's late trusty cousin and councillor William [Keith], earl Marischal, lord Keith and Altrie etc., being undoubted patron of the parish kirks and parish of Peterugie and titular of the teinds thereof, lying within the presbytery of Deer and sheriffdom of Aberdeen, by reason of the spaciousness and wideness of the said parish and of the many communicants within the same, caused build a new kirk upon a part thereof and named the same the kirk of Longside; likewise he presented Master Alexander Irvine thereto during his lifetime and, with consent of Master James Martin, minister at the said kirk of Peterugie, provided him to the vicarage teinds of the lands underwritten, lying next adjacent to the said newly built kirk, with 100 merks money of this realm of silver, payable by himself and his successors yearly at Whitsunday [May/June], and that as a constant and local stipend for his service of the cure at the said kirk. Likewise the said late earl had a great mind to obtain the same kirk erected in a separate parish kirk by itself and the towns and lands underwritten to be annexed thereto, and to be the bounds thereof and comprehended within the same, under the condition and provision always following: and that William [Keith], now earl Marischal, lord Keith and Altrie etc., son and heir of the said late William, earl Marischal, being most willing to further and prosecute his said late father's intention, is content and consents that the same newly built kirk be erected in a separate parish kirk by itself and disunited from the said mother kirk of Peterugie, and that the towns and lands underwritten be united and annexed to the same new kirk, and be the bounds thereof and comprehended within the same, under the provision and condition always subsequent. Therefore, our said sovereign lord and estates foresaid have made, constituted, created and erected and, by this ratification, make, constitute, create and erect the said newly built kirk in a separate parish kirk and parish by itself, to be called now and in all time coming hereafter the parish kirk and parish of Longside, and have united and annexed and by this ratification unite and annexe all and sundry the towns and lands of Rora, Fortry, Auchlee, Dumpstown, Auchtidonald, Mintlaw, Longmuir and Inverquhomery, mill and mill lands thereof, and Yokieshill, with their whole parts, pendicles and pertinents pertaining to the said William, earl Marischal; and also all and whole the lands of Ludquharn, the towns and lands of Auchtydore, Clayhills, Blexboige, Newton, Weshinpole, Tarrhendred, Lenabo, with the new and old mills of Ludquharn and mill lands thereof and whole pertinents, parts and pendicles of the said towns and lands respectively pertaining to Sir William Keith of Ludquharn, knight; as also all and whole the lands of Nether Kinmundy, the towns and lands of Tiffery, Inverveddie, Thunderton and Knockleith with the mill, mill lands, parts, pendicles and pertinents thereof, pertaining to Francis Fraser of Kinmundy; as also all and whole the town and lands of Faichfield, Dens, Over and Nether Savock, with the mill, mill lands and all their parts, pendicles and pertinents pertaining to William Fraser of Faichfield; as likewise all and whole the lands of Buthlaw, Cadgerhill, Thunderton and Longhill, with their pertinents, pertaining to Alexander Forbes of Boynlew; and all and whole the lands of Cairngall, Hillhead, Boigsyd and Auchquhittrie, with the mill, mill lands and their pertinents pertaining to John Arbuthnott of Cairngall, to the said newly built and erected kirk of Longside, and declare the same towns, lands and others foresaid to be the bounds of the said parish and comprehended within the same. And also his majesty and estates foresaid make, constitute and ordain the said William, earl Marischal, his male heirs and successors patrons of the said newly erected kirk of Longside, and ordain and declare him and them to be and remain patrons thereof in all time hereafter in the same way and as freely in all respects as he and they are patrons of the said mother kirk of Peterugie, notwithstanding of the disuniting of the same from the said mother kirk and that no mention is made of the patronage of the said new erected kirk in his infeftment. And further, his majesty and estates foresaid have ratified and approved and, by this legislation, ratify and approve the presentation, collation and institution made and granted to the said Master Alexander Irvine of the said kirk and stipend thereof foresaid, in the whole heads and articles thereof, and will and grant that this present general ratification and approbation of the same is and shall be as valid, effectual and sufficient to the said Master Alexander as if they and every one of them were at length word by word engrossed and set down herein, concerning which his majesty and estates foresaid have dispensed and by this ratification dispense for ever. Providing always, likewise it is hereby provided and declared by express provision and condition of this present act that the said William, earl Marischal and his male heirs and successors nor their lands nor teinds within the said new erected parish of Longside or within the said old parish of Peterugie shall be burdened with any further stipend to the said Master Alexander Irvine and his successor ministers serving the cure at the said kirk of Longside, nor his part of the vicarage teinds of the lands foresaid within the said newly erected parish of Longside, and sum of 100 merks money foresaid, whereto the said Master Alexander is already provided, so that if any further stipend by augmentation be granted to him and his said successors, it is hereby declared that the said William, earl Marischal and his foresaids and their lands above-written within the parish of Longside, as also his lands within the parish of Peterugie and teinds of the same, are and shall be altogether free thereof, and only the other heritors within the said parish of Longside and their lands foresaid and teinds thereof subject and liable to the payment of the same greater stipend or augmentation which shall happen to be granted as said is, without any relief against the said William, earl Marischal or his foresaids, under the which provision and condition and no otherwise it is hereby declared that this present act and erection foresaid of the said kirk is made and granted.
[1641/8/402]*[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 majesty's daily servant, Patrick Maule of Panmure, his heirs and assignees contained therein, of all and whole the lordship of Brechin and Navar, with the heritable offices of the constabulary of Brechin and heritable justiciary within the said lordship, to be held of his majesty in feu ferm in manner therein contained, which is of the date the [...] day of [...] 163[...]; together with the right and privilege yearly of election of one of the bailies of the city and town of Brechin, with the contract and appointment made between the bailies and council of Brechin, with advice and consent of Master Walter Whitford, bishop of Brechin, and the said Master Walter for himself on the one part, and the said Patrick Maule of Panmure on the other part, ratifying and approving the said right and privilege of the yearly nomination and election of one of the bailies of the said city of Brechin by the said Patrick, his heirs and successors, which is of the date the [...] day of [...] 16[...], in the whole heads and articles of the said infeftment and contract respectively; and find and declare that the said Patrick and his foresaids have good and undoubted right by virtue of his rights above-specified in and to the said lordship of Brechin and Navar, with the said heritable offices of the constabulary and justiciary of the said lordship of Brechin and to the nomination and election of one of the bailies of the said city of Brechin yearly in all time coming. And also his majesty and estates of parliament ratify and approve the charter and infeftment granted by his majesty to the said Patrick Maule in liferent and to Harry Maule, his second son, his heirs and assignees, of the lands and barony of Balmakelly comprehending the particular lands, mills, multures and advocation of the chaplainries contained therein, to be held of his majesty in free blench, notwithstanding a part thereof held ward of before in manner contained in the said infeftment, which is of the date 8 January 1639, and find and declare that this present ratification shall be as valid and effectual to the said Patrick, his heirs and assignees for the said lordship of Brechin and Navar, with the heritable offices above-specified and right of nomination and election of the said bailie of Brechin, and to the said Patrick in liferent and to the said Harry Maule and his foresaids heritably for the said lands and barony of Balmakelly and every part thereof, as if the said infeftments, contract and rights above-specified were herein inserted expressly.
[1641/8/403]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the estates of this present parliament, by this legislation, ratifies and approves the charter made and granted by his majesty under his highness's great seal to the late George [Hay], earl of Kinnoull etc., therein designed Sir George Hay of Kinfauns, knight, high chancellor of this realm for the time, his male heirs and assignees, of the barony of Dupplin, comprehending the barony of Aberdalgie and Dupplin mentioned therein, the lands of Overcairdnay, with the muir and mosses thereof, the lands whereon the wood grew called the Woodland, the lands of the chapel called the Chapel Land of the Muir, the lands of Dallquhoroquhy, with the mill and mill lands thereof, with the office of bailiary of the said lands of Overcairdny, Woodland, Chapel Lands of the Muir and Dallquhorroquhy, with the mill and mill lands thereof, and certain other lands and others expressed therein, of the date 29 July 1626, with the precept and instrument of sasine following thereupon, and with the sasine thereof now given to George, now earl of Kinnoull etc., as heir to the said late George, earl of Kinnoull, his father, in all and sundry points, heads, articles and clauses contained therein, after the forms and tenors thereof, and declares, statutes and ordains that this present general ratification thereof shall be as good and sufficient in all respects as if the same were at length inserted herein, dispensing by this ratification with the not inserting thereof herein. And further, for the good service done to his majesty and his highness's late father of worthy memory by the said George, now earl of Kinnoull, and by the said late George, earl of Kinnoull, late chancellor of this realm, his father, and by his majesty's right trusty cousin and councillor William [Douglas], earl of Morton etc., from whom the said George, earl of Kinnoull acquired the lands and others specified above and below, and who is obliged in warrandice to him thereof, and for great and seen reasonable causes of this realm, his majesty, with advice and consent of the said estates of parliament, by this ratification, dissolves the foresaid lands of Overcairdny, with the muir and mosses thereof, Woodland, the Chapel Land of the Muir, Dallquhorrochie, with the mill and mill lands thereof, the foresaid office of bailiary of the said lands of Overcairdny, Woodland, Chapel Land of the Muir and Dallquhorroquhy, with the mill and mill lands thereof, from his majesty's crown and patrimony thereof, to the effect that the same may remain perpetually with the said Earl of Kinnoull, his male heirs and assignees, to be possessed by him according to their several former infeftments and rights thereof in all time coming; or if need be that his majesty may of new give, grant and convey the same to the said George, now earl of Kinnoull, his male heirs and assignees foresaid, to be held of his majesty and his successors in manner and for payment of the duties particularly mentioned and set down in the said charter made in favour of the said late George, earl of Kinnoull only, without payment of any other duties or service than is particularly expressed in the same charter, namely: for the foresaid lands of Overcairdny with the muir and mosses thereof, the foresaid lands called the Woodland, the foresaid lands of the chapel called the Chapel Land of the Muir, with the pertinents, the sum of 40 merks usual money of this realm of Scotland, with the sum of 10s money foresaid for the capons, poultry, arriages, carriages and all other services used and wont to be paid for the same at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of feu ferm, as the old mail and duty used to be paid for the lands and others immediately above-written; together with the sum of 33s 4d money foresaid as the old augmentation of the rental used to be paid for the same lands and others above-specified; together with the sum of 6s 8d money foresaid in new augmentation of the rental of the lands and others immediately above-written at the terms above-mentioned; as also giving three suits at three head courts to be held yearly at the abbey of Inchaffray, and also the male heirs of the said George, now earl of Kinnoull, doubling the said feu ferm and augmentation the first year of their entry to the lands and others immediately above-written, with the pertinents as is usual of feu ferm only; for the foresaid office of bailiary within the bounds above-mentioned of the foresaid lands of Overcairdny, Woodland, Chapel Land of the Muir and Dallquhorrochquy, with the mill and mill lands thereof and their pertinents, with all privileges, liberties and immunities pertaining and belonging thereto within the bounds foresaid, one penny money foresaid at the abbey of Inchaffray at the feast of Whitsunday yearly in name of blench ferm if it be asked only, together with the service in the said office used and wont by the late Laurence [Oliphant], lord Oliphant and his predecessors only; for the foresaid lands of Dallquhorochy, with the mill thereof and mill lands annexed to the same mill and their pertinents, the sum of 20 merks 6s 8d money foresaid at two term in the year, Whitsunday and Martinmas in winter, by equal portions in name of feu ferm; with the sum of 6s 8d money foresaid in augmentation of his majesty's rental thereof, and also the heirs of the said George, earl of Kinnoull doubling the said feu ferm and augmentation the first year of their entry to the said lands as is usual of feu ferm only. And finds, declares, statutes and ordains that the infeftments and securities foresaid made and to be made to the said Earl of Kinnoull and his above-written of the lands and others above-specified are and shall be sufficient and valid rights and securities to them for peaceable possessing and enjoying of the lands and others foresaid, for payment of the yearly duty particularly above-mentioned only perpetually in all time coming, and for that effect, by the tenor hereof, dispenses with the 10th act of his highness's first parliament held at Edinburgh in 1633 entitled, 'Regarding the annexation of his majesty's property', and with all acts of parliament and laws particularly and generally therein specified, and with all other acts of parliament and laws that may be prejudicial to the validity of the said infeftments, and declares this general dispensation with the said acts of parliament and laws to be as valid as if the same were all particularly mentioned herein and hereby dispensed with particularly.
[1641/8/404]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with consent of the estates of this present parliament, by this legislation, ratifies and approves the charter made and granted by his majesty's late dearest father of eternal memory under his highness's great seal to the late George [Hay], earl of Kinnoull, etc., therein designed Sir George Hay of Kinfauns, knight, high chancellor of this realm of Scotland, his male heirs and assignees of the barony of Kinfauns, comprehending all and whole the lands and lordship of Kinfauns and Pitfindie, the heritable office of the keeping of the water of Tay on both the sides thereof, and of all other waters, rivers and burns, running and falling in the said water of Tay, with the privileges and liberties thereof particularly mentioned in the said charter [and comprehending sundry other lands and others at length mentioned in the said charter]†, which charter is of the date at Windsor, 3 September 1622, to be held of his majesty and his successors in free blench in manner expressed therein, together with the precept of sasine following thereupon and instrument of sasine following upon the same, in all and sundry points, articles and clauses contained therein and after the forms and tenors thereof; and declares this present general ratification of the same charter, precept and instrument of sasine to be as good and sufficient in all respects as if the same had been at length inserted herein, dispensing with the not inserting thereof in this ratification by the tenor hereof for ever, and finds, declares, statutes and ordains that the foresaid charter, precept and sasine and instruments of sasine following thereupon are and shall be a sufficient and valid right, title and security to the heirs and successors of the said George, earl of Kinnoull for possessing and enjoying of the lands, office and others specified in the said charter to be held of his majesty and his successors in manner expressed therein in all time coming.
[1641/8/405]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the letter of tack and assedation made, set and granted by our sovereign lord, the king's majesty, for himself and as lord of the lordship and regality of Dunfermline, with advice of his highness's great treasurer, comptroller and collector of the said kingdom of Scotland, his highness's depute in the said offices, and also of the other lords of his highness's exchequer of Scotland, his highness's commissioners, to his highness's right trusty cousin and councillor George, earl of Kinnoull and his assignees and subtenants for the days, years, terms, time and space of the lifetime of the said George, now earl of Kinnoull; and after the decease of the said George, earl of Kinnoull, to his male heirs and assignees for all the days, years, times, terms and space of the lifetime of his first male heir; and after the decease of the first male heir for all the days, years, time, terms and space of the lifetime of the male heir of the said George, earl of Kinnoull, his first male heir foresaid; and after the decease of the second male heir for all the days, years, terms, time and space of nineteen years next and immediately following the time of the said second male heir; and after the expiring of the first nineteen years, for all the days, years, time, terms and space of other nineteen years next and immediately thereafter following; and after the expiring of the said second nineteen years for all the days, years, time, terms and space of other nineteen years thereafter following, so that the said tack and assedation shall endure for the whole space of three lifetimes and three nineteen years thereafter above-specified, successively after others, for all and sundry the teind sheaves of all and sundry the town and lands of Cousland, with the parts, pendicles and pertinents thereof, lying within the parish of Inveresk and sheriffdom of Edinburgh, beginning the entry of the said tack at the date thereof underwritten, for yearly payment to his highness and his successors having right to the said lordship and regality of Dunfermline, their chamberlains and factors present and to come, during the spaces respectively above-specified of the sum of £66 13s 4d money of this realm of Scotland of mail at the feast of Candlemas [2 February], as the said letter of tack and assedation under his majesty's privy seal of the date 7 May 1637 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 of the said tack is and shall be as valid and sufficient and of as great force, strength and effect to his highness's said trusty cousin and councillor George, earl of Kinnoull, his heirs, assignees and others having right to the said tack from him for possessing of the said teinds contained therein during the space and years above-specified mentioned therein as if the said tack were all at length specially engrossed and inserted herein word for word, 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 tack, or this present ratification thereof and validity of the same, our said sovereign lord and estates of parliament, for his highness and his successors, have dispensed and by this ratification dispense for ever.
[1641/8/406]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve to and in favour of his highness's right trusty cousin and councillor George, earl of Seaforth, lord MacKenzie of Kintail, the charter and infeftment made and granted by our sovereign lord, with advice and consent of his highness's treasurers, comptrollers and collectors or treasurers of his highness's new augmentations of this kingdom, principal and depute named therein, and of the other lords of his highness's exchequer of Scotland, his highness's commissioners, to the said George, earl of Seaforth, his male heirs and assignees whatsoever heritably, of all and whole the lands and barony of Lewis, comprehending the lands and isle of Lewis, as well the castle of Stornoway and twenty merk land next adjacent thereto, as the other lands of the said isle of Lewis and the lands and isles of Rona-Lewis, Ilandshant, Great Bernera, Little Bernera, Island Flannes and the two Cuninges Islands, with all their parts, pendicles and pertinents, and with all and sundry castles, towers, fortalices, woods, mills, fishings, as well salmon fishings as other fishings, as well in fresh as salt waters, annexes, connexes, dependencies, tenants, tenancies, service of free tenants, advocations, donations and rights of patronages of benefices, kirks and chaplainries, parts, pendicles and pertinents whatsoever of all and sundry the said lands and others above-written; together with all and sundry mines, metals and minerals of whatsoever kind and quality (gold and silver only excepted) to be found, won and got in all and sundry the bounds of the isles and lands above-written, and within any part or parts of the same, all lying within the sheriffdom of Inverness (reserving always to his highness and his successors the town of Stornoway and burgh of barony thereof, with the said castle of Stornoway and harbour and port thereof, with as much of the lands and territory of Stornoway as shall be sufficient for the general society and fishings and accommodation thereof lying about and contiguous to the said town of Stornoway and that within the particular bounds, meiths and marches underwritten, namely: with the bounds lying about the present town of Stornoway on every part for making of plantation and accommodation of houses and yards for planters, together with pasturage, fuel and foggage in the grounds nearest adjacent to the said town of Stornoway, as it shall please his highness and his successors for the good of the said association and plantation to decree and declare to be used and applied by his majesty and his successors, for the accommodation and association of the said fishings in the seas upon the north and south parts of the said kingdom of Scotland and to be erected by our said sovereign lord in a free burgh royal for reducing of the inhabitants of the said isle of Lewis to civility, and for increase of policy within the same isle or otherwise to be used and conveyed upon at his majesty's pleasure), and that upon the resignation of the said George, earl of Seaforth himself, to whom the same pertained heritably of before, held of his majesty, and for fulfilling of a part of a clause contained in a contract mentioned in the said charter made between his majesty, with consent foresaid, on the one part, and the said George, earl of Seaforth on the other part, regarding his majesty's granting of the said infeftment to him and his foresaids thereupon in manner contained therein; and the new gift and disposition mentioned therein and union, erection, creation and incorporation of all and sundry the said lands, barony, woods, fishings, patronages, mines, minerals, ports, havens, harbours and others above-written with all their parts, pendicles and pertinents above-mentioned (reserving and excepting as is before reserved and excepted) in a whole and free barony, to be called the barony of Lewis in time coming; and the ordinance and dispensation contained therein for taking of sasine in all time coming at the said castle of Stornoway or upon any other part of the said lands above-written, to stand and be sufficient for the whole in manner specified in the said charter, to be held of our said sovereign lord and his highness's successors in feu ferm, free heritage and free barony forever, for yearly payment of the sum of £2,000 usual money of Scotland at two usual terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of feu ferm, without doubling of the said feu ferm duty at the entry of the heir to the said lands and others foresaid in manner specified in the said charter, which is under his majesty's great seal of the date 13 March 1637; and the said contract mentioned in the said charter made between his majesty on the one part, and the said George, earl of Seaforth on the other part, of the date at Theobalds and Edinburgh, [...] October 1636 and the said 13 March 1637, regarding his majesty's granting and passing of the said infeftment to the said George, earl of Seaforth and his foresaids in manner contained therein, and his procuratory and instrument of resignation mentioned in the said contract (upon and according to the which contract and resignation the said charter proceeded and was granted), and the precept of sasine and instruments of sasine following upon the said charter, of whatsoever dates, tenors or contents the said procuratory and instrument of resignation, precept and sasine be of and bear, in all and sundry the heads, points, 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, grant, decree and ordain that this present ratification is and shall be as effectual and sufficient and of as great strength, force and effect to the said George, earl of Seaforth, his male heirs and assignees foresaid for possessing of the said lands, barony and others above-written, contained in the said rights, with their pertinents, heritably and perpetually, in all time coming as if the said charter contract, procuratory and instrument of resignation whereon the same proceeded, precept and sasine following thereupon were all at length word for word inserted, engrossed and contained in this present ratification, notwithstanding the same be not so done; concerning which, and with all other defects and imperfections and objections whatsoever which may be in any way proposed or alleged against the said rights or any of them and validities 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. And also our said sovereign lord, according to his obligation contained in the said contract thereby made to the effect underwritten, with advice and consent of the said estates of parliament, has of new dissolved all and sundry the said lands, barony and others above-written from his highness's crown and patrimony thereof, and from all acts of annexation whereby the said lands, barony and others above-written were annexed to his majesty's crown, to the effect that the same may be of new conveyed and set in feu ferm to the said George, earl of Seaforth and his foresaids, with a new gift and with all the privileges and liberties mentioned and contained in the former infeftments above-mentioned, to be held of our said sovereign lord and his highness's successors in feu ferm for yearly payment of the feu duty above-written, in manner specified in the former infeftment above-written in all points.
[1641/8/407]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice and consent of the estates of this present parliament, understanding that by virtue and according to an act of the parliament passed in the parliament held at Edinburgh upon 4 August 1621, in favour of John [Spottiswood], late pretended archbishop of St Andrews, for feuing of his ward lands of the said bishopric, all and whole the lands and barony of Auchtermeggettes, otherwise called Balmadies, with the mill lands, multures and sequels thereof, and with the manor place of the same, houses, buildings, yards, orchards, tofts, crofts, outsets, parts, pendicles, annexes, connexes, dependencies, tenants, tenancy and service of free tenants and all their pertinents whatsoever, lying within the parish of Rescobie, regality of St Andrews and sheriffdom of Forfar, which of old were held taxed ward of the said archbishopric of St Andrews, and by a charter granted by the said John, late pretended archbishop of St Andrews, of the date 16 June 1624, were set in feu ferm to Alexander Pearson, elder, of Auchtermeggetties, and the late Isobel Beaton, his spouse, in liferent, and James Pearson, their eldest lawful son and apparent heir, his heirs and assignees in fee, to be held of the said John, late pretended bishop of St Andrews, with consent of the chapter of the metropolitan kirk of St Andrews and his successors, for the yearly payment of the sum of £12 in augmentation of the old rental and of the sum of £8, extending in the whole to the sum of £20 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, and doubling the said feu ferm of £12 only the first year of the entry of every heir to the said lands for their interest, with common suit in the said archbishop courts in Rescobie, as the infeftment and sasine following upon the said charter at more length purports: the right of the which feu ferm of the lands and others above-specified is now established to the full in the person of the said James Person, his heirs and assignees. Therefore, our said sovereign lord, with advice and consent foresaid, ratifies and approves the said charter of feu ferm of the lands and others foresaid of the date above-specified, with the instrument of sasine following thereupon, and likewise the said charter granted by the said John, late pretended bishop of St Andrews, with consent of the said chapter of the said metropolitan kirk of St Andrews, of the date 20 October 1635, confirming a charter of alienation of the lands and others foresaid made by William Grim† to the said James Pearson, now of Balmadies, his heirs, successors and assignees of the lands and others above-specified, to be held of the said John, late pretended archbishop of St Andrews, and his successors in feu ferm, for payment of the feu duty above-mentioned, and containing a new gift and in feu ferm location granted and set to the said James Pearson and his foresaids of the lands and others above-mentioned, in ample form, with supplement of all defects and imperfections, to be held of the said John, late pretended archbishop of St Andrews, and his successors in feu ferm for payment of the feu duty above-expressed, with all other infeftments and right made to the said James Person and his said father and the said William Grim or any of them, their heirs and assignees of and upon the lands and others above-specified held in feu ferm as said is, in all and sundry points, articles and clauses contained therein. And declares this present ratification thereof to be as sufficient in all respects as if the said charters and other rights were all at length inserted herein, dispensing hereby with the not inserting thereof, and also finds, declares and ordains the same infeftments and securities foresaid to be sufficient and valid rights whereby the said James Person and his foresaids may peaceably possess and enjoy the lands and others above-mentioned with the pertinents held in feu ferm as said is in all time coming.
[1641/8/408]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the charter of confirmation made, given and granted by his majesty under his highness's great seal, whereby his highness, with advice and consent of his highness's right trusty cousin and councillor William [Douglas], earl of Morton, lord Dalkeith and Aberdour, high treasurer, comptroller, collector general and treasurer of his majesty's new augmentations, and with advice and consent of his highness's right trusty cousin and councillor John [Stewart], earl of Traquair, lord Linton and Caberston, treasurer depute for the time, now treasurer principal, and other lords of exchequer of the kingdom of Scotland, has ratified, approved and confirmed the charters, infeftments, precepts of sasine contained therein, precepts of clare constat and instruments of sasine respectively underwritten contained therein, made, given and granted by the persons respectively after-mentioned to the late John Hamilton of Orbiston and to his majesty's right trusty councillor Sir John Hamilton, now of Orbiston, knight, justice clerk and one of the senators of the college of justice, designed thereby John Hamilton of Orbiston, son and heir of the said the late John Hamilton of Orbiston, his father, of the lands, mills, teinds and others respectively after-specified in manner following, namely: the charter and infeftment of feu ferm made, given and granted by his highness's right trusty cousin and councillor William [Douglas], marquis of Douglas, designed thereby William, earl of Angus, lord Douglas and Abernethie, to the said late John Hamilton of Orbiston, his heirs and assignees heritably and irredeemably, without any reversion, redemption or regress, of all and whole the four pound land of Unthank of old extent, with the pertinents, as also of all and whole the three pound land also of old extent lying in the town of Bothwell, sometime occupied by the said late John Hamilton, Gavin Young and John Jake, indwellers in the said town of Bothwell, his tenants, together with that part and portion of the commonty belonging to the said three pound land, called Bothwell Shiels, also occupied by the said late John Hamilton, John and Thomas Whitlaw, his tenants, with all and sundry their pendicles and pertinents, all lying in the barony and regality of Bothwell and within the sheriffdom of Lanark, to be held of our said trusty cousin, now marquis of Douglas, and his male heirs, in feu ferm and heritage forever, together with the precept of sasine inserted in the said charter, of the date at the burgh of the Canongate, 20 November 1599, together with the instrument of sasine following thereupon, of the date 30 December 1602 under the sign and subscription manual of Robert Lambie, notary public. Item, the precept of clare constat granted by the said William, now marquis of Douglas, designed by the said precept in manner above-written to the foresaid Sir John Hamilton, now of Orbiston, knight, for infefting of him as heir of the said late John Hamilton of Orbiston, his said father, in all and whole the lands, commonty and others above-designed, of the date at the castle of Douglas, 5 September 1621, together with the instrument of sasine following thereupon, of the date 6 December 1621 under the sign and subscription manual of William Loudoun, notary public. Item, the charter and infeftment of feu ferm made and given by the late Master Gavin Hamilton, provost of the college kirk of Bothwell, with consent of the prebendaries thereof and with consent of the late Walter [Scott], earl of Buccleuch, designed thereby Walter Scott of Branxholme, knight, and undoubted patron of the said provostry of Bothwell, and of his commissioners having his special power and commission and subscribers of the same, to the said late John Hamilton of Orbiston, his heirs and assignees whatsoever heritably, of all and whole the lands of Orbiston, with the manor place, houses, buildings, yards, orchards, woods, fishings, meadows, greens and dovecots, parts, pendicles and all their pertinents, lying in the barony or lordship of Bothwell and within the sheriffdom of Lanark, together with the teinds, as well parsonage as vicarage, thereof included, as also of all and whole the mill of Orbiston and multures thereof, with houses, yards and their pertinents, together with the whole thirlage, sequels and astricted multures of the towns and lands following, namely: of the town and lands of Orbiston, Carnbroe, Unthank, Stevenston, Elderstoun, Carfin, Jerviston, Richard Johnestoune and Kirkelie lying in the said barony of Bothwell, and of all other lands used and wont; and in like manner, of all and whole the nether mill of Orbiston situated upon the water of Calder between the said lands of Orbiston, as also of all and whole the kirk lands of Bothwell, with houses, buildings, yards, parts, pendicles and all their pertinents, with the teinds, as well parsonage as vicarage, included therein lying in the said town and territory of Bothwell and sheriffdom of Lanark, reserving nevertheless to the said Master Gavin Hamilton and his successor provosts and ministers serving the cure at the said kirk of Bothwell a reasonable glebe of four acres of land of the same kirk lands with the mansion yards and their pertinents, then occupied by the said late Master Gavin, according to the act of parliament made regarding designation of manses and glebes to ministers serving the cure at the said kirk only, to be held of the said late Master Gavin Hamilton and his successor provosts of the said college kirk of Bothwell in feu ferm and heritage for ever, together with the precept of sasine inserted in the said charter of the date at Hamilton and Leith respectively, 3 May and 8 October 1604, together with the instrument of sasine following thereupon, of the date 13 January 1605, under the signs and subscriptions manual of the late John Roberton and Robert Lambie, notaries public. Item, the precept of clare constat made and given by Master Robert Boyd, now provost of the said college kirk of Bothwell, to the said Sir John Hamilton, now of Orbiston, for infefting him as heir foresaid of the said late John Hamilton of Orbiston, his said father, in all and whole the forenamed lands of Orbiston, kirk lands of Bothwell, mills, teinds and others respectively above-mentioned, which are designed in the said charter of feu ferm made and granted by the said Master Gavin Hamilton with consent above-written to the said late John Hamilton of Orbiston and containing the foresaid reversion, of the date at Bothwell, 5 December 1621. Item, the instrument of sasine following thereupon, of the date 6 December 1621, under the sign and subscription manual of the said William Loudoun, notary public. Item, the charter and infeftment of gift made, given and granted by his highness's right trusty cousin and councillor James [Hamilton], now marquis of Hamilton, earl of Arran and Cambridge, lord Aven and Innerdale, to the said Sir John Hamilton, now of Orbiston, knight, designed in manner above-specified, his heirs and assignees whatsoever heritably and irredeemably, of all and whole the forty shilling land of old extent of Wester Moffat and ten shillings land of old extent Moffathillends, with houses, yards, commodities, privileges and all their pertinents sometime occupied by the said late John and his tenants, lying in the said barony of Bothwell Muir and sheriffdom of Lanark, to be held of his highness's right trusty cousin and councillor James, now marquis of Hamilton, his heirs and successors in free blench ferm, with the precept of sasine inserted in the said charter, of the date 20† May 1631, together with the precept of sasine following thereupon, of the date 24 May 1631, under the sign and subscription manual of Bartholomew Roberton, notary public, in all and sundry heads, points, clauses and conditions thereof, in all and by all things and with the like effect as is contained in the said charters, infeftments and precepts of clare constat, saving and reserving to our said sovereign lord and his highness's successors the rights and services of all and sundry the forenamed lands, mills, teinds, commonties and others particularly above-written due and in use to his highness and his predecessors for the same before the said confirmation. As likewise our said sovereign lord, with consent above-written, by the foresaid charter of confirmation dispensed, for his highness and his successors, with the sasines taken before the said confirmation, and determined that the said confirmation should be of as great force, strength and effect to the said Sir John Hamilton, now of Orbiston, his heirs and assignees above-written, as if all and sundry the said charters, precepts, infeftments, sasines contained therein, precepts of clare constat and instruments of sasine above contained following thereupon were all at length word by word inserted in the said charter of confirmation, and dispensed with the not inserting thereof, which charter of confirmation is of the date at Edinburgh, 28 November 1635, 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 Sir John Hamilton, now of Orbiston, knight, and his foresaids, as if the foresaid charter of confirmation, charters, precepts, sasines and others above-mentioned thereby confirmed were inserted herein word by word, concerning which his majesty and estates foresaid dispense for ever.
[1641/8/409]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the letters patent and gift granted by his majesty to and in favour of William, master of Gray, therein designed William Gray, younger, eldest lawful son to the said William Gray, elder, of Pittendrum, merchant burgess of Edinburgh, whereby his majesty, for the reasonable causes contained therein, has given and granted to the said William Gray, younger (now Master of Gray), and the male heirs then lawfully to be procreated between him and Mistress Anna Gray, only lawful daughter and bairn of Andrew [Gray], lord Gray, then his future and now his lawful spouse, which failing to the other male heirs lawfully to be procreated of the said William Gray, younger (now Master of Gray), his own body, which also failing to the said William Gray, elder, and his nearest and lawful male heirs whatsoever, possessing and bearing the surname and arms of Gray, the title, style, honour and dignity of Master of Gray so to be designed, placed, ranked and honoured during the lifetime of the said Andrew, lord Gray, and after his decease has given and granted to the said William Gray, younger (now Master of Gray), and his male heirs and of tailzie above-written, that title, style, honour and dignity of a lord and baron in parliament within the realm of Scotland now pertaining and possessed by the said Andrew, lord Gray, forever in all time coming, to be called and entitled Lord Gray to the effect the said William Gray, younger (now Master of Gray) and his male heirs and of tailzie above-written may be styled, designed and denominated Master of Gray, and possess and enjoy the place, rank, honour and precedency belonging thereto during the said lifetime of the said Andrew, lord Gray, and after his decease may be styled and designed Lord Gray, and may have, possess and enjoy in all time coming thereafter all honours, precedencies, dignities, pre-eminencies, privileges, immunities and prerogatives, pertaining and competent to the said Andrew, now lord Gray, in the same way, in the same place, rank and dignity and as freely in all respects as if the said William Gray, younger (now Master of Gray), were lawful son to the said Lord Gray, procreated of his own body and were to succeed as male heir to him, with power to the said William Gray, younger (now Master of Gray), his male heirs and of tailzie above-written to possess and enjoy the said styles, dignities and honours of Master and Lord Gray respectively in time coming and all precedencies, pre-eminencies, privileges, immunities and other commodities competent thereto, in all his majesty's parliaments, conventions, councils or other places and occasions whatsoever, either in private or public, and the said dignity of Master and Lord Gray to be possessed by the said William Gray, younger (now Master of Gray) and his foresaids by way of precedency, according to the said Andrew, now lord Gray, his rank and antiquity thereof, in the ranks amongst the nobility of the said realm and to be preferred in rank and dignity as Master and Lord Gray to all other lords and their sons created and made lords since the said Andrew, lord Gray, his predecessor, or before whom the said Andrew, now lord Gray, has precedency and rank, likewise, in the same manner and as freely in all respects as if the said William Gray, younger (now Master of Gray) were lawful son to the said Andrew, lord Gray, and were to succeed as male heir to him without obstacle or contradiction, as the said letters patent and gift granted by his majesty to the said William Gray, younger (now Master of Gray), his male heirs and of tailzie above-written thereupon, under his majesty's great seal, of the date 8 January 1639, at more length bears. And also our said sovereign lord and estates of parliament ratify and approve the infeftment and charter granted by our sovereign lord, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute and other lords and others of his highness's exchequer of Scotland, his highness's commissioners, to the said William Gray, elder, for all the days of his lifetime in liferent and to the said William Gray, younger (now Master of Gray), and male heirs lawfully procreated or to be procreated between him and the said Mistress Anna Gray, only daughter and bairn to the said Andrew, lord Gray, now his spouse, which failing, to the other male heirs lawfully to be procreated of the said William Gray, younger (now Master of Gray), his own body, which also failing, to return to the said William Gray, elder, and his nearest and lawful male heirs whatsoever possessing and bearing the surname and arms of Gray and their assignees whatsoever heritably, of all and sundry the lands, baronies, offices, mills, woods, fishings and others underwritten, namely: of all and whole the lands and barony of Forgan, containing and comprehending the lands and others after-specified, namely: the lands of Bullions, the lands of Sethyke, the lands of Ballbaunoke, the lands of Kinguddie, the lands of Ebray, the lands of Thirslieholme, the lands of Rashcruke, the lands of Dron, the lands of Knape, with the mill, mill lands, multures, sequels and knaveships thereof, the lands of Laurenstoun, the lands of Trottick, with the mill, mill lands, multures, sequels and knaveships thereof, the lands of Litletoune and Lochton, the lands of Mousbeed, the lands of Montronnathe, the lands of Dysart and the lands of Killibrae, with the mills, mill lands, multures and knaveships thereof, with all and sundry their towers, fortalices, manor places, woods, mills, fishings, outsets, insets, annexes, connexes, dependencies, tenants, tenancies, service of free tenants, parts, pendicles, privileges and pertinents whatsoever of all and sundry the said towns, lands, barony, mills and others above-written, lying within the barony of Forgan by annexation and within the sheriffdom of Perth; all and whole the lands and barony of Fowlis, containing the lands and others underwritten, namely: the manor place and mains and town of Fowlis with the mill thereof, mill lands, multures and sequels of the same, the lands of Blacklaw with all and sundry annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents thereof whatsoever, the lands and barony of Buttergask and Liggertlaw, with castles, towers, fortalices, manor places, houses, buildings, mills, mill lands, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents thereof whatsoever, lying within the said sheriffdom of Perth; all and whole the lands called Kingslaw and lands of Lundie, with houses, buildings, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents thereof whatsoever, together with the advocation, donation and right of patronage of the parsonage and vicarage of Lundie; with all and whole the third part of the barony of Dundee, namely: the third part of the lands of Wariston, the third part of the lands of Pitkerro, with mill, mill lands, sequels and pertinents thereof, the third part of the lands of Craigiehilton, the third part of the lands of Mylnetoun, the third part of the lands of Westfield and acres thereof, the lands within the burgh of Dundee, with mills, mill lands and multures and sequels thereof, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles, dependencies and pertinents thereof whatsoever, the crag of Broughty, with castle, fortalice, salmon fishing and other fishings thereof, the lands of Gotterston, with the fishings and pertinents thereof, all and whole the lands of Balgillo with corn mills and waulk mills thereof, outsets, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and pertinents thereof whatsoever, lying within the sheriffdom of Forfar; together with the office of constabulary of Forfar and Montrose, fees and duties belonging thereto, with all and sundry castles, towers, fortalices, manor places, houses, buildings, orchards, yards, mills, woods, fishings, advocations, donations, rights of patronages of kirks, chaplainries and other benefices thereof, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents whatsoever, of all and sundry the said lands, baronies, mills, offices and others above-written. And also all and whole the lands of Kinness, with the tower thereof, Harbersheeles and Blakelaw with their fishings and pertinents, lying within the sheriffdom of Kincardine, the croft of Brigend, with a yearly annualrent of [...] yearly to be uplifted and taken out of the lands of Eistoun, lying within the said sheriffdom of Kincardine, together also with the advocation, donation of the chaplainry of the chapel of Barris and Kinness situated within the said sheriffdom of Kincardine; the half of the lands of Gleslandis and Blakelawes and fourth part of the lands of Fishertoune with their pertinents, as also the superiority of the lands of Nethercraigie, Easter Suantoune, Wester Suantoun, Tutherhell and Overseate of Craigie with all their pertinents, as also all and sundry the teind sheaves, fruits, rents, proviants, emoluments, profits and duties whatsoever of all and whole the said lands of Balgillo, and mill lands of the corn mill and waulk mill thereof, with annexes, connexes, parts, pendicles and pertinents thereof whatsoever, lying within the parish of Monifieth and within the sheriffdom of Forfar, excepting and reserving those parts and portions of the said lands and barony of Forgan with the pertinents conveyed by the said Andrew, lord Gray to the late Patrick [Lyon], earl of Kinghorn, his male heirs and assignees whatsoever heritably and irredeemably, according to the contract passed between them relating thereto, of the date at Edinburgh, 30 June 1613, and of the infeftments following thereupon; as also excepting that third part of the lands of Dudhope, with the acres and pertinents thereof conveyed by the said Andrew, lord Gray and his predecessors to Sir John Scrymgeour, knight of Dudhope, knight, constable of Dundee, and his successors as a part of the third part of the barony of Dundee (which particular parts and portions immediately above-written of the said lands, barony and others foresaid are no way comprehended under the said charter of infeftment), and that upon the resignation of the said Andrew, lord Gray to whom the same pertained of before, made by him with consent of John [Wemyss], earl of Wemyss and Sir Patrick Douglas of Kilspindie, knight, for their rights and interest, with the new gift and disposition contained in the said charter and union, annexation, creation and incorporation of all and sundry the said lands, baronies, offices, advocation, donation, rights of patronages, teinds and others above-written, with all and sundry their castles, towers, fortalices, manor places, houses, buildings, orchards, yards, mills, woods, fishings, tenants, tenancies, service of free tenants, annexes, connexes, dependencies and other pertinents thereof above-specified in a whole and free barony, to be called the barony of Fowlis in time coming, and ordaining the tower, fortalice and manor place of Fowlis to be the principal messuage of the said barony whereat sasine is to be taken for the whole by dispensation in all time coming, to be held of our sovereign lord and his highness's successors in fee heritage and free barony forever, as follows, namely: the said whole lands, baronies, offices, mills, woods, fishings, advocations, donations, rights of patronage and others above-written with all their pertinents (except the said lands of Blakelawes and teinds of the said lands of Balgillo and mill lands thereof with the pertinents) for payment of the rights and services thereof used and wont before the said resignation; and the said lands of Blakelawes with the houses, buildings and pertinents, for payment of one penny money Scots at the feast of Whitsunday [May/June] upon the ground of the said lands if it be required only; and the said teind sheaves, fruits, rents and emoluments of the said lands of Balgillo and mill lands thereof, with the pertinents, of the sum of 12s Scots money as a part of the blench ferm duty of the abbacy of Arbroath, used to be paid forth thereof, and that for relief of the lord of the erection thereof of the said blench duty for as much at the terms of payment thereof used and wont in name of blench ferm only in manner specified in the said charter, which is under the great seal, of the date 5 March 1639, with the disposition, procuratory and instrument of resignation whereon the said charter proceeded and precept 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 in the said letters patent and charter and in the said disposition, procuratory and instrument of resignation whereon the said charter proceeded, precept and sasine following thereupon, 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 rights is and shall be as effectual and sufficient and of as great force, strength and effect to the said William, master of Gray, his male heirs and of tailzie above-written, for possessing of the said style, place, honour and dignity of Master and Lord Gray and the precedence thereof as if he were lawful son, and to succeed as male heir to the said Lord Gray in manner and according to the said letters patent, and to the said William Gray, elder, during his lifetime, and after his decease to the said William, master of Gray, his son, his male heirs and of tailzie foresaid, for possessing of the said lands and barony of Fowlis, comprehending the particular towns, lands, baronies, mills, woods, fishings, teinds, patronages, offices and others above-written contained in the said charter, as if the said letters patent and charter, disposition, procuratory and instrument of sasine whereon the said charter proceeded and proceeding thereon were all at length expressly word for word and engrossed and inserted herein, notwithstanding the same be not so done; concerning which, and with all other defects and imperfections which may be proposed or alleged against the same or any of them, or against this present ratification thereof and validity of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever.