Ratification of the contract between the king's majesty and [William Keith], earl Marischal regarding the wadset of the lordship of Deer

Our sovereign lord and estates of parliament have ratified and approved and, by the tenor hereof, ratify and approve, the contract and appointment made between his majesty, with advice and consent of his highness's trusty cousin and councillor John [Stewart], earl of Traquair, lord Linton and Caberston, great treasurer, comptroller, collector general and treasurer of his majesty's new augmentations within this kingdom of Scotland, and of his majesty's trusty councillor Sir James Carmichael of that Ilk, knight baronet, his highness's depute in the said offices, and also of the other lords of his majesty's exchequer of the said kingdom of Scotland on the one part, and his majesty's trusty cousin and councillor William, earl Marischal, lord Keith and Altrie, son and heir served and retoured to the late William [Keith], earl Marischal, lord Keith and Altrie etc., his father, on the other part, of the date at the court of Whitehall in England and Inverugie in Scotland, 14 and 28 November 1638, relative to the bond and obligation specified therein granted by our said sovereign lord to the said late William, earl Marischal upon the payment of the sum of £15,000 sterling money, by the which contract our said sovereign lord, with advice and consent foresaid, faithfully promised, bound and obliged him and his successors in the first word to give and grant to the said William, now earl Marischal, his male heirs and assignees whatsoever, a charter and infeftment under his highness's great seal of this said kingdom, whereby his majesty, with consent as said is, should give, grant and convey to the said William, earl Marischal, his male heirs and assignees foresaid, heritably and irredeemably, all and sundry the lands, woods, fishings, castles, towers, fortalices and others particularly specified therein, of old pertaining to the lordship and abbacy of Deer, and which pertained in property to the said William, earl Marischal and his predecessors before the date of their infeftment of erection of the said lordship, and whereof the said earl was then in possession; and also all and whole the lands and others expressed therein of the said lordship of Deer, pertaining also in property to the said Earl Marischal and his predecessors by virtue of the said infeftment of erection, and whereof they had no feu infeftment before their infeftment of erection of the said lordship, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage for the yearly payment of the feu mails and feu ferm duties mentioned in the said contract; and also should give, grant and convey to the said William, earl Marischal and his foresaids, heritably and irredeemably as said is, all and sundry the parish kirks of Deer, Foveran, Peterugie and King Edward, advocations, donations and rights of patronages thereof, together with the whole teinds, parsonage and vicarage, of the parishes of the same and other teinds, fruits, rents, emoluments, profits and duties pertaining and belonging thereto, all lying within the said abbacy of Deer, and thereafter erected lordship of Altrie and sheriffdom of Aberdeen, reserving always to the ministers serving the cure at the said kirks their modified stipends modified to them, according to the act of parliament, to be held of our said sovereign lord and his highness's successors in free blench for the yearly payment of the blench duty specified in the said contract, by the which contract also his majesty, with advice and consent foresaid, exonerated, quitclaimed and simply discharged the said William, earl Marischal, his heirs and executors, as also the heirs and executors of his said late father and all others to whom it pertains, of the feu mails, feu ferms and other duties of his proper lands mentioned in the said contract yearly and each year of the years of God 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636 and 1637; and of the blench duty of the said lordship of Altrie, extending to £140 usual money of this realm yearly, and that of the whole bygone years since the parliament of 1633; as likewise of the sum of 4,000 merks money foresaid of this said realm due to his majesty for the tax duty of the said William, earl Marischal's marriage, and of the sum of 600 merks Scots money foresaid for the yearly taxed ward duty of the lordship of Inverugie of the time of Martinmas [11 November] 1635, Whitsunday [May/June] and Martinmas yearly and each year of the crops and years of God 1636 and 1637, and of the term of Whitsunday [13 May] 1638; and also of the sum of 600 merks money foresaid for relief of the said lordship; and also of £511 2s Scots money foresaid for the non-entry retour duties of the lordship of Dunnottar, containing the particular lands, baronies and others thereto united; and of the lands of Kinellar and feu duties of the davachs of Kintore and mill thereof, and doubling of the same; and of all action, instance and pursuit competent or that may be competent to his majesty or his foresaids for the said sums, in manner specified in the said contract, by the which, likewise his majesty, with consent as said is, gave, granted, wadset and pledged and conveyed to the said William, earl Marischal, his heirs and assignees foresaid heritably all and sundry the feu mails, feu ferms and other duties of the said earl, his said proper lands mentioned in the said contract, together with the blench duty specified therein, extending to the said sum of £140 yearly, and with the superiority of the other lands underwritten, and whole duties and casualties pertaining to the said superiorities, namely: of the lands of Clackriach, Little Elrick, Fechil and Monkshill, with the pertinents, lying within the said sheriffdom of Aberdeen; and of the lands of Barry, lying within the sheriffdom of Banff; and also of the half of the lands of Grange of Rahill and Fisherton of Peterhead, with the pertinents, lying within the sheriffdom of Aberdeen. Likewise his majesty, with consent as said is, bound and obliged him and his successors in the first word to infeft and seise the said William, earl Marischal and his foresaids heritably therein to be held of his majesty and his said successors in free blench in manner specified in the said contract, redeemable always and under reversion in manner contained therein by payment of the sum of £3,000 sterling usual money of the realm of England, and 7,900 merks money of this realm of Scotland; and by the which contract likewise his majesty, with consent foresaid, bound and obliged him and his said successors in the first word thankfully to content and pay to the said William, earl Marischal, his heirs, executors or assignees the sum of £5,000 sterling money foresaid, according to the precept and warrant granted by his majesty to his highness's treasurer for that effect, in manner specified in the said contract, as the same in the self more fully purports, together with the signatures and infeftments following and appointed to follow thereupon, and made for fulfilling thereof, dated 8 February 1639, in the whole heads, articles, clauses, circumstances and conditions of the said contract, signatures and infeftments respectively. And will, grant and declare that this present general ratification and approbation thereof is and shall be as valid, effectual and sufficient to the said William, earl Marischal, his heirs and assignees foresaid as if the same contract, signatures and infeftments respectively were at length word by word engrossed and set down herein, and also as if the said signatures and infeftments were already passed and completed the great seal; regarding which, and all faults and imperfections thereof that may be proposed or alleged against the validity of the said contract, signatures and infeftments following and appointed to follow thereupon, or this present general ratification and approbation thereof, his majesty and estates foresaid have dispensed and by this ratification dispense for ever.

  1. NAS, PA2/22, f.310v-312r. Back
  2. Preceded by the heading 'These ratifications following are extracted by Master William Hay'. Back