[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.
[1641/8/359]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/360]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/361]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/380]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/381]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/382]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/383]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, by this legislation, ratifies and approves the 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.
[1641/8/384]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/385]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/386]*[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, 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.
[1641/8/387]*[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 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.
[1641/8/388]*[print] [email] [cite] [preceding] [following]
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.
[1641/8/389]*[print] [email] [cite] [preceding] [following]
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 du