[1641/8/427]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates presently convened in parliament, ratifies and approves the act passed in exchequer regarding the declaration of James Melville of Halhill in favour of the burgh of Burntisland, whereof the tenor follows, namely: At Dalkeith, 16 January 1638. The which day the lords of exchequer sitting in full number regarding the opposition made by the bailies of Burntisland to the passing of the Laird of Halhill's signature, compeared personally James Melville of Halhill and judicially declared that the said signature presently passed in his favour under the name of pertinents is not included nor comprehended the burgh of Burntisland, nor port of the same and privileges pertaining thereto, and also declares that the novodamus contained in the said signature should not be used against the said burgh of Burntisland neither by way of action nor exception in so far as concerns the multures of the said burgh contained in the said gift of novodamus, but according to the former rights of the said multures standing in the person of the said Laird of Halhill and his predecessors before the date of the said gift of novodamus without any further strengthening thereof in prejudice of the said burgh and their privileges, by virtue of the said gift of novodamus, in so far as concerns the said multures, whereupon the said lords ordained this present act to be made. Extracted from the books of the acts of exchequer by me, Sir John Hay of Bara, knight, clerk of the rolls of the register and council of our supreme lord the king, under my sign and subscription manual, subscribed thus: John Hay, clerk register. And our sovereign lord, with advice and consent foresaid, ordains the foresaid act of exchequer to have the force and strength of an act of parliament in all time coming, and also our sovereign lord, with advice foresaid, by this ratification, declares that Sir James Melville, son and apparent heir to the said James Melville of Halhill, his father, the assuming to himself the style of Burntisland, knight, shall in no way be hurtful nor prejudicial to the liberties and privileges granted or to be granted by the king's majesty and his most noble progenitors King James V and King James VI of most blessed memory, or any of the abbots of Dunfermline, or any other person or persons, to and in favour of the said burgh of Burntisland at any time of before and in all time coming.
[1641/8/428]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the gift and letter of pension superscribed by his majesty given in favour of Gilbert, now earl of Erroll, high constable of Scotland, whereby his majesty gave and conveyed to the said earl during his lifetime a yearly pension of £10,000 Scots, to be paid to him by his majesty's treasurer principal, depute or other under-receivers, and that out of the first and readiest of his majesty's rents, customs or casualties within the kingdom, beginning the first term's payment thereof at Martinmas [11 November] last and so forth yearly thereafter at two terms in the year, Whitsunday [May/June] and Martinmas, by equal portions, during all the days of the said Gilbert, earl of Erroll's lifetime, in manner specified in the said gift and letter of pension, which is dated [...] October 1641, in all and sundry heads, articles and circumstances thereof. And his majesty and estates of parliament will and grant that this present ratification shall be of as great value, force, strength and effect to the said Gilbert, earl of Erroll for payment to him of the said yearly pension at the terms and by equal portions above-specified during his lifetime, as if the foresaid gift and letter of pension were word by word inserted 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.
[1641/8/429]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the contract and appointment of the date 25 and 21 July and August 1638, whereby Gilbert [Hay], now earl of Erroll, with consent of John [Lyon], earl of Kinghorn, his tutor testamentary for his interest, and the said Earl of Kinghorn, for himself, as tutor testamentary and in name and on behalf of the said Earl of Erroll in respect of his pupillarity for the time, with consent of certain other persons nominated therein, alienated and conveyed to his majesty's right trusty cousin and councillor George, earl of Kinnoull etc., his male heirs and assignees, the lands, lordship and barony of Erroll and certain other lands, baronies, teinds and others contained therein, with the minute of contract whereupon the same proceeded and the infeftment of recognition and all other infeftments, tacks and other rights and securities made to the said George, earl of Kinnoull, or any of his authors, of and concerning the lands, baronies and others mentioned in the said contract or of any part or parts thereof, in all points, articles and clauses contained therein and after the forms and tenors thereof. And declare this present general ratification thereof to be as sufficient in all respects as if the same were particularly and word by word inserted and engrossed herein, dispensing by this ratification with the not inserting thereof.
[1641/8/430]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the persons after-mentioned, namely: Patrick [Murray], earl of Tullibardine, David [Drummond], master of Madderty, David Graham of Gorthie, John Oliphant of Bachilton, John Drummond, portioner of Bellyclony, John Graham of Balgowan, Laurence Oliphant of Gask, William Blair of Williamstoun, Master Patrick Murray of Woodend, John Gray of Wellcroft, Anna Hay, widow of the late William Murray of Abercairny, heritors, life-renters, conjunct fiars and owners of the lands adjacent to the Pow of Inchaffray on both the sides thereof between the west end of the Red Moss and the ford of Dollerie, considering that their lands adjacent to the said Pow within the bounds foresaid are often flooded with water, whereby the corns and grass growing thereupon are frequently destroyed, drowned and made unprofitable to them, and that this hurt and damage might be prevented, at the least made much less than it is, if the said Pow and current thereof were kept clean, excavated and swept by them, their heirs and successors in their several possessions in manner after-specified; therefore, and for diverse other causes and considerations moving them, they by their bond and obligation subscribed with their hands of the date 26 and 29 August and 6, 9 and 11 September and 2 October respectively, 1641, bound and obliged them and their heirs and successors succeeding to them in the right of their lands adjacent to the said Pow within the bounds above-specified from time to time in all time coming that each one of them opposite to and within the bounds above-specified of their own several lands adjacent to the said Pow within the bounds foresaid thereof shall delve and dig away the grass and turf growing in the said Pow within the bounds foresaid, and cast the same Pow and current thereof two ells deep and four ells broad to the west of the Gelly burn and to the east of the said burn three ells breadth, and thereafter of new clear rubbish from the current of the said Pow, and keep it clean to the breadth and depth above-specified, as often as need be, and as they or any of them or their foresaids being remiss or negligent shall be desired or required to do the same by the remainder of them or any of their foresaids under the pains mentioned therein, as the same, containing certain declarations specified therein and with one consent and desire that there be an act of parliament passed ratifying the said bond and obligation and ordaining the forenamed subscribers thereof, and their heirs and successors, as well general successors as singular successors succeeding to them in the right of the said lands, to observe and fulfil the same bond and obligation in all points, after the form and tenor thereof, each one of them to others in time coming perpetually, in manner above-specified, of the date foresaid, registered in the books of council and session upon 5 November 1641 foresaid at length bears. Therefore our said sovereign lord, with advice and consent of the estates of parliament, by this legislation, ratifies and approves the foresaid bond and obligation of the date above-written and registered as said is, in all points and clauses therein contained, and declares this present ratification thereof to be as sufficient in all respects as if the same were at length and word by word engrossed herein, dispensing by this ratification with the not inserting thereof, and statutes and ordains the forenamed persons, granters and subscribers of the said bond and obligation and their heirs and successors, as well general successors as singular successors succeeding to them in the right of their said lands, to observe and fulfil the same bond and obligation in all points, after the form and tenor thereof, each one of them to others perpetually in all time coming.
[1641/8/431]*[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 letter of tack and assedation made, granted and set by our sovereign lord as now having undoubted right to the whole lands, teinds and rents pertaining of before to [John Spottiswood], late Archbishop of St Andrews, to the which the priory of St Andrews and patrimony thereof was united and annexed, by the abolishing of the estate of bishops and otherwise by the laws of this realm, and consequently thereby our said sovereign lord, having undoubted right to the teinds underwritten which were annexed to the said priory of St Andrews, and of the late archbishopric of St Andrews to which the same was annexed as said is, with advice and consent of his highness's right trusty cousins and councillors, John [Campbell], earl of Loudoun, lord Tarrinzean and Mauchline, high chancellor of this realm, Archibald [Campbell], marquis of Argyll, earl of Kintyre, lord Campbell of Lorne, William [Cunningham], earl of Glencairn, lord Kilmaurs, John [Lindsay], earl of Lindsay, lord Parbroath and Sir James Carmichael of that Ilk, knight baronet, commissioners for his highness's treasury, comptrollership and collectory within this realm appointed by his highness and estates of parliament, as also with advice and consent of highness's trusty and familiar councillor Sir James Carmichael of that Ilk, knight baronet, his highness's depute in the said offices, and also with advice and consent of the other commissioners of his highness's exchequer of Scotland, to and in favour of his highness's beloved William Gray of Pittendrum, merchant burgess of Edinburgh, now life-renter, and William, master of Gray, his eldest son, now fiar of the lands underwritten, for all the days, space, years and terms of the said William Gray, elder, his lifetime, and after his decease to the said William, master of Gray, his son, and his assignees also in liferent, for all the days, years and space of the said William, master of Gray, his lifetime, and after both their deaths to the male heirs and of tailzie that shall happen to succeed to the said William, master of Gray, in the lands underwritten, and their assignees and subtenants for all the days, space, years and terms of nineteen years next and immediately following the decease of the said William and his son and the longest liver of the two; and after the entry and expiring of that nineteen years for all the days, space, years and terms of another nineteen years next and immediately thereafter following; and after the expiring of the said second nineteen years, for all the days, space, years and terms of another nineteen years next and immediately thereafter following, comprehending in the whole two liferents and three nineteen years all fully to be complete and together outrun, of all and sundry the teind sheaves of all and whatsoever lands lying within the parish of Fowlis and sheriffdom of Perth; and of all and sundry the town and lands of Lochton and Littleton, with the pertinents, lying within the parish of Longforgan and sheriffdom foresaid, next and immediately following the said William Gray and his son, their entry thereto, which was and began at the feast of Lammas [1 August] in the year of God 1641; and thereafter to continue and endure during the space above-written for yearly payment to be made by the said William Gray, elder, during his lifetime, and after his decease by the said William, master of Gray, his son, his male heirs, of tailzie and assignees foresaid to our said sovereign lord, his factors, chamberlains and others in his name having his power for the said teind sheaves of the said lands of the said parish of Fowlis, the sum of £40 money of this realm of Scotland, according to the old rental, at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions; and for the said teind sheaves of the said lands of Lochton, with the pertinents, the sum of £16 money foresaid; and for the said lands of Littleton, with the pertinents, the sum of £32 money foresaid at two terms in the year, Candlemas [2 February] and Beltane [1 May], by equal portions of mail and duty only for all other exaction that can be craved of the said teinds, as the said letter of tack and assedation under his majesty's privy seal of the date 15 October 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 and grant and hereby decree and ordain the said tack of the said teinds to be a good, valid and sufficient right to the said William Gray and William, master of Gray, his son, and his foresaids for possessing of the said teinds above-written contained in the said tack, during the space and years contained therein according thereto in all points.
[1641/8/432]*[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 kingdom, by his signature, gift and disposition, dated 4 November instant, to give and convey to Master Laurence Skinner, minister of Navar, and his successor ministers at the said kirk, certain teind duties and feu duties which pertained of before to the bishopric of Brechin, extending to £255 13s 4d yearly, to be paid out of the particular places of teind and feu duties mentioned in the said signature of the bishopric of Brechin, and that in respect the present stipend of the said kirk of Navar, comprehending the whole valued teinds of the said parish, extending only to £213 8†s with a chalder of victual, as the foresaid signature at length bears†, in all and sundry heads, articles and circumstances thereof, 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 effectual to the said Master Laurence Skinner and his successor ministers serving the cure at the kirk of Navar in time coming as if the foresaid signature, gift and disposition were word by word inserted herein, concerning which, and with all that may follow thereupon, his majesty and estates of parliament dispense for ever. And further, his majesty and estates of parliament have dissolved and, by this ratification, dissolve the foresaid feu duties respectively, extending as said is, from his majesty's crown and patrimony thereof and from the bishopric of Brechin and all other benefices whatsoever, to which they were annexed or pertained of before, to the effect the same may remain with the said minister of Navar and his successors foresaid, as a part of their stipends at the said kirk perpetually in all time coming.
[1641/8/433]*[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 kingdom, by his signature of disposition, dated 12 October last, to give and convey to the two ministers of the burgh of Brechin and their successors the stipends following, namely: to the first and present minister the quantity of eight chalders of victual and 200 merks, with the bishop's house for his manse, and to the second minister 500 merks in victual or money at a hundred the chalder, and £50 for the communion elements, to be paid out of the particular places of teinds and feu duties pertaining to the late bishopric of Brechin, 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 and disposition contained therein in all and sundry heads, articles and 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 sufficient and effectual to the said ministers of Brechin and their successors in all time coming as if the foresaid signature, gift and disposition were word by word inserted herein, concerning which, and with all that may follow thereupon, his majesty and estates of parliament dispense for ever. And further, his majesty and estates of parliament have dissolved and, by this ratification, dissolve the foresaid teinds, feu mails, stipends and others mentioned in the said signature from his majesty's crown and patrimony thereof, and from the bishopric of Brechin and all other benefices to the which the same were annexed or pertained of before, and suppress and extinguish the name and memory of the said bishopric to the effect the foresaid feu duties, teinds, stipends and others foresaid may remain with the present ministers of Brechin and their successors as a testimony of his majesty's favour for their stipends perpetually in all time coming.
[1641/8/434]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve and, for his highness and his successors, perpetually confirm the charter and infeftment granted to Sir Alexander Gibson of Durie, knight, one of the ordinary senators of the college of justice, his heirs and assignees, of the lands and barony of Durie, whole parts, pendicles, pertinents and lands united thereto; and of the lands of Clattie, privileges and pertinents thereof, with the express privilege and right of pasturage upon the common of Dovan in all parts and manner of holding contained in the particular infeftments granted to the said Sir Alexander of the said lands respectively; and of the lands and barony of Scoonie and Leven, of the lands of Balgrummo, burgh of barony of Leven, whole liberties, privileges, salmon fishings, harbour, haven, port upon both sides of the water of Leven, and privilege and sole liberty of cobles upon the said water, and right of having mills upon the said water, and all the other privileges contained in any of the said Sir Alexander's infeftments of any of the said lands respectively granted relating thereto, and will and ordain this present ratification to be as effectual as if the said whole infeftments were at length word for word inserted herein.
[1641/8/435]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the charter and infeftment made and granted by his majesty's late dearest father, of worthy memory, with advice and consent of his highness's treasurers, comptrollers and collectors or treasurers of his highness's new augmentations, principal and depute for the time named therein, and other lords of his highness's secret council of Scotland, his highness's commissioners for the time, to the said Master John Cant, his heirs and assignees whatsoever heritably, of all and whole the lands of Lauriston and Randleston, with the tower, fortalice, manor place, houses, buildings, mansions, orchards, yards, outsets, tofts, crofts, annexes, connexes, dependencies, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the said lands of Lauriston and Randleston respectively, lying in the parish of Cramond and sheriffdom of Edinburgh, upon the resignation of the late Sir Alexander Napier of Lauriston, knight, to whom the same pertained of before, to be held of our said sovereign lord and his highness's successors in fee and heritage for payment of the yearly blench duties mentioned therein in manner contained in the said charter, under his majesty's great seal, of this kingdom, as the same of the date at Edinburgh, 20 November 1622 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 our said sovereign lord and estates of this present parliament will, grant, decree and ordain that the said charters and infeftment above-written to follow thereupon are and shall be good, valid and sufficient rights and securities to the said Master John Cant, now of Lauriston, and his foresaids for possessing of the said lands and others above-written contained therein, perpetually in all time coming without any action or objection to be moved in the contrary.
[1641/8/436]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the contract passed between his majesty, with consent of the treasurers and lords of exchequer, on the one part, and George Rid of Dalmilling and Robert Farquhar, fiar of Gilminscroft, for themselves and in name of the other feuars and vassals of the lordship of Kylesmuir and Barmuir, on the other part, of the date at Whitehall and Holyroodhouse, 17 November and [...] December 1631, whereby his majesty, with consent foresaid, made the said George and Robert as said is assignees in and to the reversion granted by John [Campbell], lord Loudoun to his majesty of the superiorities of Kylesmuir for redemption thereof, to the effect the said vassals may be infeft in their particular lands of the said lordship by his majesty, as the said contract of the date foresaid, containing diverse other conditions in the self at more length bears; together with the renunciation made by the said Lord Loudoun of the said superiority of the said lordship, containing procuratory of resignation in favour of the said vassals and feuars thereof, to the effect they and every one of them may be infeft in their particular proper lands and others held of his majesty in manner contained in the said renunciation, containing procuratory of resignation as said is, which is of the date 15 March 1634; together with all infeftments granted by his majesty under the great seal or to be granted to them according to the said contract and procuratory of resignation foresaid, in the whole heads, articles, clauses and conditions thereof. And will that this ratification shall be as effectual as if the said contract, renunciation, procuratory of resignation and infeftments foresaid were herein inserted word for word, concerning which his majesty and estates dispense for ever.
[1641/8/437]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of adjournal given and pronounced before the justice, of the date 29 July 1636, by the which Patrick Dunbar of Kilboyack and Alexander Dunbar, apparent heir of Braco, with certain others, their servants and accomplices, are declared and adjudged fugitives from his majesty's laws at the instance of the widows and bairns, kin and friends of the late Ninian Dunbar and of the late Robert Dunbar, and at the instance of his majesty's advocate, for the cruel murder and slaughter of the said late Ninian and Robert Dunbar by the said Patrick and Alexander Dunbar, their servants and accomplices, under trust and assurance in manner mentioned in the criminal letters raised thereupon and act and doom foresaid; together with the signatures of escheats and infeftments granted to James Dunbar, son to William Dunbar of Hempriggs, of the escheat and lands pertaining to the said persons denounced as said is, vacant in his majesty's hands through the said doom given upon the crime foresaid, being murder under trust, which is declared to be treasonable by the act of parliament made in the year of God 1587, chapter 51, entitled, 'Murder or slaughter under credit is treason', in the whole heads, points and articles thereof. And his majesty and estates declare this ratification to be as sufficient as if the said act of adjournal, gifts and infeftments were inserted word for word, concerning which, his majesty and estates dispense and that the same shall be good and valid rights, in the same way as if the said parties had been doomed in parliament.
[1641/8/438]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the contract passed between his sacred majesty, with consent of his highness's high treasurer and other lords of his majesty's exchequer of this kingdom, his highness's commissioners, on the one part, and the late Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, for himself and in name and on behalf of Archibald, then master of Lorne and now lord Lorne, his grandson, on the other part, of the date at Windsor and Edinburgh, 4 October and 28 November 1636, registered in the books of exchequer upon the same 28 November, whereby and in respect of the bygone services of the said late Earl of Argyll in repressing of the barbarous races of the Clangregor and Clandonald, and of the services of Archibald [Campbell], now earl of Argyll, father to the said Archibald, now lord Lorne, in repressing of the clan of MacIain, and apprehending that notable sorner called Gilroy, and of the other onerous and weighty causes particularly mentioned in the said contract, his majesty, with consent foresaid, ratified the former infeftments granted by his majesty's late dearest father of blessed memory or his majesty himself to the said late Archibald, earl of Argyll, and to James [Campbell], lord Kintyre, his son, of the lordship and barony of Kintyre, comprehending the isle of Jura and other isles, lands, fishings and others particularly mentioned therein, to be held feu of his majesty for payment of the feu ferm duties contained in the said infeftments. And also ratified another infeftment granted to them of twenty chalders of victual of the said feu ferms to be held blench for payment of one penny, with the acts of parliament and acts of exchequer whereupon the said infeftments proceeded, and which also contain diverse other clauses conceived in favour of the said Archibald, then master and now lord Lorne, his male heirs and assignees, together with the charter under the great seal following upon the said contract and upon the resignation of the said James, lord Kintyre in favour of the said Archibald, then master and now lord Lorne, his male heirs and assignees whatsoever foresaid, of all and whole the said lordship and barony of Kintyre, comprehending the said isle of Jura and other isles, lands, fishings and others particularly therein expressed with the said twenty chalders of victual of the said feu ferms, of the date at Hampton Court, 12 December 1636, and the precept and instrument of sasine following upon the said charter, in all and sundry heads, clauses, articles and conditions contained therein, after the forms and tenors thereof in all points; and declares this present general ratification of the same to be as valid, effectual and sufficient in all respects, as if the same were at length and word [by word] inserted herein, dispensing hereby with the not inserting thereof. And also for implement of that part or clause of the said contract regarding the dissolution underwritten, his majesty, with consent of the estates of this present parliament, for the services respectively foresaid and for the new augmentation of his majesty's rental in the sum of 600 merks money of this realm of Scotland yearly, according to the said contract, of new dissolves the said lordship and barony of Kintyre, comprehending the foresaid isle of Jura and other isles, lands, fishings and others above-specified from his majesty's crown and patrimony thereof, to the effect that the said Archibald, now lord Lorne, and his foresaids may be infeft therein, to be held of his majesty and his successors in feu ferm for payment of the old feu duties, with the augmentation of the said yearly duty of 600 merks money foresaid, with the deduction always of the said twenty chalders of victual in manner at length specified in the said contract and infeftments foresaid; and also of new dissolves the said twenty chalders of victual from his majesty's crown and patrimony thereof to the effect that new infeftment of the same may be given to the said Archibald, now lord Lorne, and his foresaids, to be held of his majesty and his successors in free blench for payment also of one penny in manner also specified in the said contract and infeftments. And further, forasmuch as by a gift or letter patent granted by the late James III, by the grace of God, king of Scots, under his majesty's great seal, in favour of the late Colin [Campbell], earl of Argyll, lord Campbell and Lorne, master of the household to his highness, of the date 8 May 1474, the town of Inveraray, lying within the earldom of Argyll and sheriffdom thereof, was erected in a free burgh of barony, with the privilege of a weekly market upon Saturday and two free fairs yearly, one thereof at Michaelmas [29 September] and the other at St Brendan's day of [16] May, with certain other privileges specified therein, as the same at length bears. And his majesty and estates of this present parliament, considering that it is more convenient for the said burgh and inhabitants thereof and others of his majesty's lieges frequenting and resorting thereto the times of the said weekly market and free fairs, and for eschewing of the profanation of the Sabbath day occasioned by holding of the said weekly market upon Saturday, that the said weekly market day be changed and that there be free fairs held in the said burgh hereafter at the times and manner after-mentioned, therefore his majesty, with consent foresaid, by this legislation, ratifies and approves the foresaid letter patent regarding the erection of the said burgh of barony in all points, except in so far as the same is hereby innovated in manner after-mentioned, namely: his majesty, with advice and consent foresaid, statutes and ordains that the said weekly market of the said burgh in all time coming shall be held upon Friday and that there shall be three fairs yearly kept within the same burgh in all time coming, one thereof to begin upon 16 September, another upon 16 May, called St Brendan's day, and the third thereof upon 15 July yearly, and each one of the said fairs to continue for the space of eight days; and declares and ordains this present ratification of the foresaid gift or letter patent to be as sufficient in all respects as if the same gift and letter patent were at length inserted herein, dispensing by this ratification with the not inserting thereof. And likewise declares and consents that for the better increasing of building and policy within the said burgh of barony (being the head burgh of the sheriffdom of Argyll) it shall be lawful to the said Earl of Argyll, heritor of the said burgh of barony, to set in feu ferm the houses, tenements, yards, acres and ruids of the said burgh and town of Inveraray to whatsoever persons and for payment of such feu duties as they shall think expedient, and ordains letters of publication to be directed hereupon in the appropriate form.
[1641/8/439]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the warrant deliverance of the lords of secret council granted in favour of the tacksmen of the teind herring of Dunbar, whereby it is ordained that none of the fishers and coopers of herring attending the herring drove and fishing at Dunbar presume nor take upon hand to wet their nets or buy any herring until first they come to the admiral, his deputes or clerks resident at Dunbar, and give up to him the name of the skipper and owner of their boat, and that they act themselves to keep order the time of the fishing, and that they shall make payment of the assize, teind and other duties payable by them, and also that they shall require and thankfully pay their teind before they depart, under the pain of £20 to be paid by the owner of the boat if he be present, and if he be absent by the skipper, in addition to the reparation of the wrongs to be done by them to any of the lieges, bearing certification to them who fail that they shall be determined to have incurred the said pain and execution shall pass against them for payment thereof and for satisfaction of the parties damaged, in the whole heads, articles and circumstances thereof. And will that this order shall be kept and observed in all time coming, and that letters be passed by the lords of secret council to the effect foresaid.
[1641/8/440]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the tack set by the late James Baillie, as archpriest of Dunbar, with consent of the dean and other prebendaries of the college kirk of Dunbar and of George [Home], earl of Dunbar, as patron thereof, to William Lauder in Belhaven and Alexander Lauder, his son, their heirs and assignees, for the spaces and years expressed therein, of all and whole the small teinds and teind fishings pertaining to the said archpriest within the bounds and for the duty expressed in the said tack, which is of the date [...] June 1609, with the assignations and rights thereof made by the said William Lauder and Alexander Lauder, his son, and other intervening persons, in favour of George Aitken of Underedge, his heirs and assignees; together also with the confirmation of the said tack under his majesty's privy seal in favour of the said George Aitken and his foresaids, of the date 3 March 1632, in the whole heads, points and articles thereof. And will that this present ratification shall be as effectual to the said George Aitken and his foresaids as if the said tack and whole writs above-specified were particularly inserted, concerning which his majesty and estates dispense for ever.
[1641/8/441]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the charter made and granted by our sovereign lord, with advice and consent of his highness's treasurers, comptrollers and collectors principal and depute, and other lords of his highness's exchequer of Scotland, his majesty's commissioners, to his highness's beloved Sir James MacGill of Cranstoun-Riddel, knight baronet, one of the senators of the college of justice, his heirs and assignees whatsoever heritably, of all and whole the teind sheaves and other teinds, as well great as small, both parsonage and vicarage, of all and whole the town and lands of Nisbet and mill lands thereof, with their pertinents, lying within the parish of Pencaitland, constabulary of Haddington and sheriffdom of Edinburgh, upon the resignation of the late John [Erskine], earl of Mar, with consent of Dame Mary [Stewart], countess of Mar, John and Harry† Erskine, his sons (with consent of the curators of the said John and Charles†); and of all and sundry the teind sheaves and other teinds, as well parsonage as vicarage, fruits, rents, profits, proviants, emoluments and duties whatsoever of all and whole his lands of Bormay, Quhytbankes and Little Parkley, with their pertinents, lying within the parish and sheriffdom of Linlithgow, upon the resignation of Alexander [Livingstone], earl of Linlithgow, and the new gifts and dispositions of the said whole teinds and union and annexation thereof in and to the said lands from which the same is due, and stock thereof, to remain inseparably therewith in time coming, in manner specified in the said charter, which is under the great seal, of the date 30 July 1631; and also the charter made and granted by our sovereign lord, with consent foresaid, to the said Sir James MacGill, his male heirs and assignees heritably, of all and whole the lands of Viccarisfauldis in Easter Pencaitland, with the meadow adjacent thereto, and their pertinents, and of all and sundry the teind sheaves and other teinds, as well great as small, both parsonage and vicarage, of all and sundry the lands and barony of Pencaitland, mains and acres thereof belonging thereto, and of all and whole the lands of Denheed, Boggs and Spilmersford and mill lands thereof, lying within the said parish of Pencaitland, constabulary of Haddington and sheriffdom of Edinburgh upon the resignation of Sir Robert Richardson, younger, of Pencaitland, knight baronet, son and heir of the late Sir Robert Richardson of Pencaitland, knight baronet, under the great seal, of the date 1 February 1636, and the procuratories and instruments of resignations whereon the said two charters and either of them proceeded and the precepts and sasines following thereupon; and all and sundry tacks and assedations of the said teinds above-written or any of them, made, set and granted by the foresaid resigners thereof, to whom the same pertained of before, as well to the said Sir James himself as to the said late Sir Robert Richardson, elder, father to the said Sir Robert Richardson, younger, resigner, their heirs and assignees, for whatsoever spaces or years be contained in the said tacks and of whatsoever dates, tenors or contents the said procuratories and instruments of resignation, precepts, sasines and tacks be of or bear. And also ratifying and approving the charter granted by our sovereign lord, with advice and consent foresaid, to the said Sir James MacGill, his male heirs and assignees foresaid, of all and whole the town, lands and barony of Cousland, with the tower, fortalice, manor place, houses, buildings, orchards, yards, dovecots, mills, multures, tenants, tenancies, service of free tenants thereof, advocation and donation of the chaplainries of the same, and all their pertinents, lying within the parish of Inveresk and sheriffdom of Edinburgh as for the principal, and of all and whole the lands of Largo, Ardeth and Rathillet and feu ferms thereof specially mentioned in the said charter, being a part of his highness's property and lordship of Fife, lying within the sheriffdom and stewartry thereof, and that in special warrandice of the said town, lands and barony of Cousland, with the pertinents, principally conveyed in manner and to the effect mentioned in the said charter upon the resignation of George [Hay], now earl of Kinnoull, son and heir of the late George [Hay], earl of Kinnoull, his father; and the new gift and disposition of the said lands, barony, feu ferms and others foresaid and union thereof in a whole and free barony called and to be called the barony of Cousland in manner specified in the said charter, which is under the great seal 12 February 1639, with the procuratory and instrument of resignation whereon the said charter proceeded and precept of sasine following thereupon; and all and sundry former infeftments, charters, precepts, sasines, procuratories and instruments of resignation and other rights and securities made and granted to the said Sir James MacGill, the said George, earl of Kinnoull, his author, the late George, earl of Kinnoull, his father, and predecessors, the late George Herries, nephew and heir of the late Sir Hugh Herries of Cousland, knight, his author and the said late Sir Hugh, his predecessor, or to any of them of, upon and concerning the said lands, barony, feu ferms and others above-written principal and warrandice, and all acts of parliament, retours, dispositions and other grounds and rights whereon the said infeftments proceeded, of whatsoever dates, tenors or contents the same be of or bear, and specially, without prejudice of the generality foresaid, the act made in the parliament held at Edinburgh, 15 November 1600, whereby his highness's father of blessed memory, with advice and consent of the estates of parliament, for the notable and good service done by the said late Sir Hugh in defence of his majesty at Perth, 5 August the said year, ordained his infeftment of the said town, lands, barony, feu ferms and others foresaid, principal and warrandice, to be passed and completed, to be held of his highness and his successors in free barony and free blench ferm in manner mentioned in the said act and infeftment following thereupon, and thereby his highness's said late dearest father, with consent of the estates of parliament, promised and obliged him and his successors to make and perfect to the said late Sir Hugh and his foresaids sufficient rights of the teinds of the said town, lands and barony of Cousland, with the pertinents, for payment of the old duty, whereby they might possess the said teinds of the said lands perpetually in time coming. And also our said sovereign lord and estates of parliament ratify and approve the new and late charter granted by his majesty, with consent foresaid, to the said Sir James MacGill, his male heirs and assignees foresaid, of all and whole the said lands and barony of Cousland, with the tower, fortalice and manor place of [...]†, houses, buildings and other pertinents thereof foresaid upon the said Sir James's own resignation, and of all and sundry the teind sheaves and parsonage teinds of the said towns, lands and barony of Cousland, as pertaining to his majesty as a part of the patrimony of the lordship and abbacy of Dunfermline, to which his majesty has now right for fulfilling of the said obligation above-written, contained in the said act of parliament, to which the said Sir James has now right by disposition of the said George, now earl of Kinnoull, [son and heir of the said late George, earl of Kinnoull]†, his father, who was assignee constituted thereto by the said George Herries, nephew and heir of the said late Sir Hugh Herries, in manner at length specified in the said charter, as for the principal; and of all and whole the said lands of Largo, Ardeth and Rathillet, with the pertinents and feu ferms thereof specially mentioned in the said charter upon the said Sir James's own resignation, and that in special warrandice of the said lands and barony of Cousland and teind sheaves and parsonage teinds thereof, in manner, form and to the effect mentioned in the said charter, which is under the great seal, of the date 16 August 1639, with the procuratory and instrument of resignation and the said act of parliament and obligation foresaid contained therein whereon the said new charter proceeded and was granted, and the precept of sasine following thereupon, and the letters of alienation and disposition granted by his highness's then right trusty cousin and councillor John [Stewart], earl of Traquair, lord of Linton and Caberston, high treasurer, comptroller and [collector] or treasurer of his highness's new augmentations within this realm and kingdom of Scotland, as having commission of his highness to the effect underwritten, with advice and consent of certain other persons, in manner mentioned in the said commission granted thereupon, specified in the said letters of alienation and disposition to the said Sir James MacGill, his heirs and assignees whatsoever, of all and sundry annuities due to his majesty in any manner of way out of the teinds of his lands of Cranstoun-Riddel, Drylaw and of the said lands of Nisbet, Easter Pencaitland, town and mains thereof, Deanehead, Boggs and Spilmersford, Bornemay, Quhytbankes and Little Parkley, and that as well of all years and crops bygone as in time coming; and discharging the said Sir James and his foresaids thereof, and declaring him and his foresaids free of the said annuities of the said teinds of the said years bygone and in time coming simply and forever in manner specified in the said letters of disposition, of the date at Edinburgh, 10 July 1638, registered in the books of exchequer 11 July 1638, in all and sundry the heads, points, clauses, 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 four charters specially above-mentioned, new gifts and dispositions contained therein, procurators and instruments of resignation and act of parliament and obligation thereof foresaid whereon the same proceeded, and the said tacks, former infeftments, charters, grounds and rights generally above-specified and ratified as said is, and the said disposition of the said annuities of the said teinds, is and shall be of as great force, strength and effect to the said Sir James MacGill and his foresaids for possessing of the said towns, lands, baronies, feu ferms, teinds and others specially above-written contained therein in all time coming, as if the said whole charters, infeftments and rights specially and generally above-mentioned were all at length and expressly word for word engrossed and inserted herein, notwithstanding the same shall not be so done; concerning which, and with all other defects and imperfections which may be proposed or alleged against the said rights or any of them, or this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and by this ratification dispense for ever.
[1641/8/442]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the charter made, given and granted by our sovereign lord, with advice and consent of Sir James Carmichael of that Ilk, knight baronet, his highness's treasurer depute, and other lords and others of his highness's exchequer of Scotland, his majesty's commissioners, to Sir James MacGill of Cranstoun-Riddel, knight baronet, one of the senators of the college of justice, his male heirs and assignees whatsoever heritably, of all and whole the town, lands and barony of Cousland, with the tower, fortalice, manor place, houses, buildings, yards, orchards, mills, multures, dovecots, tenants, tenancies, service of free tenants, advocation and donation of chaplainries thereof and all their pertinents, lying within the parish of Inveresk and sheriffdom of Edinburgh, as for the principal; and of all and sundry the lands underwritten and feu ferms thereof pertaining to his majesty as a part of his highness's property and lordship of Fife, lying within the stewartry and sheriffdom thereof: of all and whole the lands of Largo and feu ferms thereof, extending yearly to five chalders of oats, three chalders and eight bolls of barley and one chalder and ten bolls of wheat; all and whole the lands of Ardeth, with the pertinents and feu ferms thereof, extending [yearly]† to the sum of four chalders, four bolls of barley and three chalders and four bolls of wheat; and all and sundry the lands of Rathillet, with the pertinents and feu ferms thereof, extending yearly to two chalders, four bolls of barley and two bolls of wheat, and that in special warrandice and security of the said town, lands and barony of Cousland, with the pertinents and teind sheaves thereof underwritten, principally conveyed in manner and to the effect mentioned in the said charter, which proceeds and is granted upon the said Sir James MacGill's own resignation, to whom the same pertained heritably of before by the resignation of George [Hay], earl of Kinnoull, son and heir of the late George [Hay], earl of Kinnoull, his father, and the new gift and disposition contained in the said charter made by his majesty, with consent foresaid, to the said Sir James MacGill and his foresaids heritably, of all and whole the said lands and barony of Cousland, with the tower, fortalice, manor place and other pertinents thereof foresaid, and the disposition contained in the said charter made by his majesty, with consent foresaid, to the said Sir James MacGill and his foresaids, of all and sundry the teind sheaves and parsonage teinds of all and whole the said town, lands and barony of Cousland, with the pertinents, pertaining to his majesty as a part of the lordship of Dunfermline and patrimony thereof, in manner mentioned in the said charter as for principal, and the new gift and disposition contained therein, made and granted by his majesty, with consent foresaid, to the said Sir James and his foresaids heritably, of all and whole the said lands of Largo, Ardeth and Rathillet, with the pertinents and feu ferms thereof respectively above-written, also pertaining of before to the said Sir James MacGill as said is, and that in special warrandice and security of the said town, lands and barony of Cousland, with the pertinents and teind sheaves and parsonage teinds thereof, principally conveyed as said is so that if it shall happen the said Sir James MacGill and his foresaids to be in any way impeded or troubled or molested in the peaceable possession of the said town, lands and barony of Cousland and teind sheaves thereof, or in the taking up and intromitting with the mails, ferms, profits and duties thereof or any part of the same, or the same to be evicted by the restoration of the late John [Ruthven], sometime earl of Gowrie, reduction of his forfeiture, or for any other cause or occasion, that then and in that case it shall be permissible to them as often to have ingress, regress and access in and to all and sundry the said lands of Largo, Ardeth and Rathillet, with the pertinents and feu ferms thereof respectively above-written, given in warrandice in manner foresaid to be held and possessed by them until they may hold and possess the said [lands] and barony of Cousland, with the pertinents and teind sheaves thereof, without impediment, to be held of or sovereign lord and his highness's successors in free blench ferm, fee heritage and free barony for yearly payment to his highness and his successors for the said town, lands and barony of Cousland, with the pertinents, and for the said lands of Largo, Ardeth and Rathillet, with the pertinents and feu ferms thereof, of one penny at the feast of Whitsunday [May/June] in name of blench ferm; and for the said teind sheaves and parsonage teinds of the said town, lands and barony of Cousland, with the pertinents, of the sum of £66 13s 4d money foresaid at the feast of Candlemas [2 February], also in name of blench ferm, as the said charter under his highness's great seal, of the date at Holyroodhouse, 8 September 1641 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 our said sovereign lord, with advice and consent of the said estates of parliament, wills, grants, decrees and ordains that this present ratification of the said charter is and shall be of as great strength, force and effect to the said Sir James MacGill, his male heirs and assignees foresaid, for possessing and enjoying of the said lands, barony, teinds and others above-written, principal and warrandice contained in the said charter heritably, irredeemably and perpetually for ever, as if the said charter hereby ratified were totally at length word for word inserted and contained herein, and notwithstanding the same shall not be so done, concerning which, and with all other defects and imperfections which may be proposed or alleged against the said charter, or this present ratification thereof, our said sovereign lord, with advice and consent of the said estates of parliament, for his highness and his successors, has dispensed and by this ratification dispenses for ever. And also our said sovereign lord, with advice and consent of the said estates of parliament, wills, grants, decrees and ordains that the said charter and this present ratification thereof is and shall be a good, valid and sufficient right and security to the said Sir James MacGill and his foresaids for possessing of the said town, lands and barony of Cousland, with the teinds thereof and their pertinents, as principal, and the said lands of Largo, Ardeth and Rathillet and feu ferms thereof, with their pertinents, in special and real warrandice and security thereof, in manner contained therein perpetually in all time coming, notwithstanding of whatsoever objections or impediments that may be proposed or alleged in the contrary.
[1641/8/443]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the letter of gift and pension made and granted by his majesty, under his highness's privy seal, to Sir James Scott of Rossie, knight, colonel and one of the gentlemen of his majesty's privy chamber, and Dame Antonetta Willoughby, his spouse, during all the days of their lifetimes and to the longest liver of the two, of the sum of 1,000 merks money of this realm of Scotland yearly to be uplifted and taken at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, out of the first and readiest of his majesty's rents, duties or casualties whatsoever within the said kingdom, of the date at Berwick, 29 June 1639, in all points after the form and tenor thereof. And ordains this ratification of the same to be as valid and sufficient in all respects as if the said letter of pension were at length inserted herein, dispensing hereby with the not inserting thereof, and further declares, statutes and ordains that the same letter of pension and this present ratification thereof shall be a valid and sufficient right to the said Sir James Scott and his said spouse during all the days of their lifetimes for possessing, enjoying and uplifting of the foresaid yearly pension of all years and terms bygone resting owed in time coming during their and the longest liver of their lifetimes.
[1641/8/444]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies, approves and confirms the charter made and granted by his majesty, under his highness's great seal, of the date at Whitehall, 21 October 1639, to and in favour of Sir James [Scott of]† Rossie, knight, colonel, his male heirs, of tailzie and assignees specified therein, of the barony of Rossie, comprehending the lands, teinds, loch, fishings and others contained therein, with the precept of sasine following thereupon and instrument of sasine following upon the same, in all points and clauses specified therein, after the form and tenor thereof, and declares this ratification of the same to be as valid and effectual as if the said charter, precept and sasine were at length and word by word inserted herein, dispensing hereby with the not inserting thereof. And further declares, statutes and ordains that the same charter, precept, sasine and this ratification thereof, and the other rights and securities made to the said Sir James Scott and his authors and their predecessors, are and shall be valid and sufficient rights and securities to the said Sir James and his foresaids for possessing and enjoying of the said barony of Rossie, comprehending the lands, teinds, loch, fishings, privileges, liberties and others particularly mentioned in the said charter perpetually in all time coming.
[1641/8/445]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having respect to the manifold good, true and thankful services done to his majesty and his highness's predecessors by his majesty's right trusty cousin Alexander, earl of Eglinton, lord Montgomery and Kilwinning and his predecessors, ratifies and approves and, for his highness and his successors, perpetually confirms a letter of tack and assedation set, made and granted by Master James Hannay, undoubted titular of the teind sheaves underwritten, to the said Alexander, earl of Eglinton, his heirs and assignees whatsoever, one or more, of all and sundry the parsonage and teind sheaves of all and whole the said Alexander, earl of Eglinton, his lands and heritages whatsoever pertaining to him in property lying within the parish of Kilmaurs, which is one of the kirks of the deanery of St Giles, now united and annexed thereto as a part of the patrimony thereof by our said sovereign lord in favour of the said Master James Hannay and his successor deans of St Giles, in all time coming, comprehending the lands, towns and rooms particularly after-mentioned, namely: the town and lands of Busbie, the lands of Woodhill, the lands of Over and Nether Greenhill, the town and lands of Windyedge, the room and lands of Muirhouse and Muirhouse Loan, the lands of Gatehead and Stockbridge, the lands of Raschillheed, the room and lands of [Nether] Craig, the lands of Hallbarns, Crosshouse, Annanhill Clerk, the town and lands of Knockentiber, and of all and sundry their parts, pendicles and pertinents, fruits, rents and emoluments of the same, parsonage and teind sheaves whatsoever, and that during all the days, times, years and space of the said Master James Hannay's lifetime, and after his decease during all the days, years and space of five years next and immediately thereafter following for payment of the yearly duty contained therein, which tack is of the date 26 September 1639, in the whole heads, articles, clauses, circumstances and conditions of the same set down therein. Likewise our said sovereign lord and estates foresaid of this present parliament will, grant, declare, statute and ordain that the said Alexander, earl of Eglinton, his heirs and assignees, shall peaceably and freely possess, hold and enjoy all and sundry the foresaid parsonage and teind sheaves of his own proper lands above-written lying within the said parish, fruits, rents and emoluments thereof, during the years and space above-written, after the form and tenor of the said tack in all points, without any stop, trouble or impediment and that this present general ratification of the same is and shall be of as great strength, force and effect to the said Alexander, earl of Eglinton and his foresaids in all respects and conditions as if the same tack were word for word and at length engrossed herein, dispensing therewith and with all other objections that may be made or moved in the contrary.
[1641/8/446]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the charter and infeftment granted by his majesty, with consent of the lords and others of his highness's exchequer of this kingdom under his highness's great seal in favour of the late William [Douglas], earl of Queensberry, lord Douglas of Hawick and Tibbers etc., in liferent and of his highness's right trusty cousin James, now earl of Queensberry, therein designed James, lord Drumlanrig, his son, and the male heirs lawfully to be procreated between him and Dame Margaret Stewart, his spouse, which failing, the said James, earl of Queensberry, his male heirs and assignees whatsoever heritably, of all and whole the lands, barony and regality of Drumlanrig and all and sundry the other lands, lordships, baronies, regality, burgh in barony, advocations, donations, rights of patronages and others specially and generally therein set down, and of the new gift, donation and disposition contained therein, and new union, creation and incorporation thereof in a whole and free earldom, lordship, barony, regality and justiciary, with free chapel and chancellery within the whole bounds and marches thereof, called the earldom of Queensberry and lordship of Drumlanrig, with the title, style and dignity of an earl, according to the date of the said late earl's patent thereof, and of the free burgh in barony and regality within the whole bounds built or to be built, constructed and [erected] upon the ground of Dalgarno, to be called in all time coming the burgh in barony and regality of Dalgarno, with all lands, tenements, acres, cottages, houses, buildings, yards, tofts, crofts and all their pertinents within the whole bounds and territory thereof assigned and destined or to be assigned and destined thereto by the said late William, earl of Queensberry, or by his highness's said right trusty cousin James, now earl of Queensberry and his foresaids, and of the privileges and liberties whatsoever belonging thereto, and of the tax holdings and other holdings whatsoever contained therein, of the date at Oatlands, 7 July 1636, and with the precept and instrument of sasine following thereupon, in all and sundry the heads, points, clauses, articles, circumstances and conditions whatsoever contained therein, and after the forms and tenors of the same in all points. And will and grant this present ratification and confirmation of the said infeftment to be as valid, effectual and sufficient to his highness's said right trusty cousin, James, now earl of Queensberry and his foresaids in all respects and conditions, as if the said infeftment word for word were herein expressly, specially and generally and particularly expressed, inserted, set down, ratified and confirmed; concerning which, and with all other defects and imperfections of the said infeftment and this present ratification thereof, our said sovereign lord and estates foresaid have dispensed and, by this ratification, dispense for ever.
[1641/8/447]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and perpetually confirm in favour of the wrights and coopers of the burgh of the Canongate and their pendicles mentioned in the seal of cause and charter underwritten, the seal of cause given and granted by Sir William Bellenden of Broughton, knight, baron of the barony and regality of Broughton, with express advice, consent and assent of Dame Elizabeth Kerr, his mother and tutrix testamentary for her interest, of the date at Edinburgh, 6 April 1612, thereby erecting the vocations and arts of wrights and coopers of the Canongate in a free art and vocation only to be used and exercised by freemen and those who by the deacon of the said craft and so many of the masters as with him shall be elected and admitted inhabitants within the said burgh, containing the privileges and liberties of choosing a deacon and treasurer, and of taking in under their liberty the whole freemen of masons, bowers, coopers, glass wrights, stockers of guns, roughcasters, painters, panton heel makers†, slaters, turners and all other arts and occupations which ever pertained of before to the said crafts, by any gift or donation, as well within the bounds of the burgh of the Canongate and within the bounds of St Leonard's gate and near St Ninian's chapel, without St Andrew's Port, Pleasance, north side of the Bridge of Leith, Canonmills, Whitehouse, Broughton and whole other bounds within the said barony of Broughton; as likewise the ratification of the foresaid seal of cause granted by the said Sir William Bellenden to the said craftsmen in his majority, of the date at Edinburgh, 8 July 1626, with the decreet of the lords of session interposed to the said seal of cause and ratification upon 1 January 1627; together with the charter of ratification granted by our sovereign lord in favour of the said crafts, approving the said seal of cause and ratification thereof above-written, with the decreet interposed thereto, in their whole heads and conditions, containing an erection by our said sovereign lord for his highness's self of new of the foresaid arts and occupations of wrights and coopers in a free art and vocation, to be only used and exercised by freemen, according to the tenor of the said seal of cause, which charter is under the great seal, of the date at Whitehall, 12 April 1627; as also a decreet and sentence given and pronounced by the lords of secret council upon 2 February 1604 in favour of the bailies, council, deacon and brethren of the wrights of the Canongate, against the deacon of the wrights in Edinburgh and the remainder in their craft, ordaining them to desist from making any stop to the deacon and wrights of the Canongate in presenting their work to the market of Edinburgh and selling the same there upon the ordinary market days, and from troubling of them in working outwith the said freedom of Edinburgh for any inhabitant within the said burgh, and in bringing the work so wrought by them and setting up the same to the owner†; and likewise another decreet and sentence given and pronounced by the said lords of secret council in favour of the wrights of the Canongate and body of the trade thereof, against the deacon and wrights of the burgh of Edinburgh upon 29 March 1632, finding and declaring that the wrights of the Canongate may work and make coffins and dead chests for any gentleman being within the burgh of Edinburgh for the time and to others not being burgesses of the said burgh, and to bring in the same to be delivered to the parties whom they concern at all occasions of the market days, which two decreets are extracted and subscribed by James Primrose, clerk of his majesty's privy council, in all and sundry their heads, articles, clauses, circumstances, points, privileges, liberties, immunities and conditions of the same, dispensing with the generality above-written, and admitting the same to be as valid in all respects as if the foresaid seals of causes, ratification thereof by the baron of Broughton in his majority, decreet of the lords of session interposed thereto, our said sovereign lord's confirmation of the same and charter of new erection and two decreets above-named obtained before the lords of secret council and every one of them were specially at length word for word inserted and set down herein.
[1641/8/448]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter under the great seal granted by his majesty to his majesty's trusty councillor Sir Thomas Hope of Craighall, his majesty's advocate, his male heirs and assignees, of the lands and barony of Craighall, the lands and barony of Kininmonth and teind sheaves thereof, the lands and barony of Taisses, and lands and barony of Wester Granton, with the whole mines and minerals within the said lands and baronies and within the kirk lands of Ceres, lands of Arnydie, lands of Hilltarvit and lands of Balass mentioned in the said infeftment, to be held of his majesty in free blench ferm, taxed ward and feu ferm respectively in manner mentioned in the said infeftment, which is of the date at Greenwich, 18 June 1635, in the whole heads, articles and clauses thereof; and will this present ratification to be as effectual as if the same were word by word inserted herein.
[1641/8/449]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the charter after-specified, made and granted by the late Robert [Stewart], commendator of Holyroodhouse and convent thereof, with advice and consent of the late Sir James Dennistoun, sometime vicar of Liberton, to the late Master John Moneypenny, his heirs and assignees, of all and whole a husband land with houses and buildings thereof belonging to the said vicar of Liberton, with their pertinents, which the said late Master John then possessed and had in assedation, lying within the town and territory of Gilmerton and sheriffdom of Edinburgh, to be held of the said commendator and his successors, abbots and convents of the said monastery in feu ferm and heritage, for yearly payment to the said vicar and his successors of the sum of 40s usual money of Scotland as the duty due before the said infeftment, with the sum of 13s 4d money foresaid in augmentation, extending in the whole to the sum of 4 merks at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, as also the said late Master John's heirs doubling the said feu duty the first year of their entry to the said husband land, containing provision that if it should happen the said late Master John's heirs and assignees to fail in payment of the said sum by three terms together, so that two terms run in the third unpaid, then and in that case the said charter to become null, as the same, dated 6 November 1559, bears, with the charter of confirmation granted thereupon by the late Henry and Mary, by the grace of God, king and queen of Scotland, ratifying and confirming the same at length word by word, as the said charter of confirmation, dated 8 February 1566, also more amply bears. Item, the charter of alienation of the said husband land granted by Patrick Moneypenny of Pilrig, grandson and heir of the late Patrick Moneypenny, to Mungo Short at Cavock Mill, to be held in manner foresaid, dated 24 July 1612. Item, another charter of alienation of the said husband land granted by the said Mungo Short to William Short, his eldest son, his heirs and assignees whatsoever, to be held in manner specified therein, dated 6 September 1634. Item, another charter of alienation of the said husband land granted by the said William Short for himself and taking burden on him for Agnes Spindie, his spouse, and the said Agnes for herself, with his consent, to his majesty's beloved James Somerville, fiar of Drum, and Lillias Bannatyne, his spouse, their heirs and assignees, dated 20 January 1636; together with the charter of confirmation granted by Master David Lindsay, late pretended bishop of Edinburgh, with consent of the dean and chapters thereof, to the said James Somerville and Lillias Bannatyne, ratifying and confirming the said three charters of alienation in the said husband land, as the same, dated 3 February 1636, purports; with the charter of feu ferm granted by the said Master David Lindsay, with consent foresaid, to the said James Somerville and his said spouse and their foresaids of the said husband land, dated 25 April 1636, together with the instrument of sasine following thereupon, together also with all and sundry other charters, precepts, instruments and writs made and granted to the said James Somerville of Drum, his said spouse, their authors and predecessors, of and concerning the said husband land, with the pertinents thereof, of whatsoever dates, tenors or contents the same be of or bears in all and sundry heads, articles, clauses, conditions and circumstances whatsoever therein specified and contained, with all that has followed or shall happen to follow thereupon, after the form and tenor of the same in all points.
[1641/8/450]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the two charters underwritten made and granted by our sovereign lord, the king's majesty, with consent of his highness's treasurers for the time and other lords and others of his highness's exchequer, his commissioners, the one thereof to Robert Pringle, then in Batinbus, now of Stichill, his heirs and assignees whatsoever heritably, of all and whole the lands and barony of Stichill, with the fortalice, manor place, houses, buildings, mill, mill lands, multures and other pertinents thereof contained therein, to be held of his majesty blench for payment of a pair of gilt spurs in manner contained in the said infeftment, which is of the date 30 June 1628; and the other of the said charters made and granted to John Pringle, eldest son to the said Robert, his male heirs and of tailzie and assignees contained therein heritably, of all and whole the same lands of Stichill, with the tower, fortalice, manor place, houses, buildings and other pertinents thereof foresaid, and of all and whole the kirk lands of Stichill particularly designed in the said charter, together with all and sundry the teind sheaves and other teinds, parsonage and vicarage, fruits, rents, emoluments and duties of all and whole the parish and parish kirk of Stichill and whole lands lying therein, specially and generally mentioned therein, containing also a gift of novodamus, with a union of all in a whole and free barony, to be called the barony of Stichill, to be held of his majesty blench and feu respectively in manner specified in the said charter, of the date 20 March 1637. And also his majesty and estates ratify and approve the letters of disposition granted by his highness's treasurers principal and depute as commissioners and having power of his majesty to the effect underwritten, with consent of certain persons mentioned therein by virtue of a commission granted by his majesty to that effect, to the said Robert Pringle, his heirs and assignees, of the annuity due to be paid to his majesty out of the teinds of his said lands above-written and discharging the same of all years bygone and to come, and declaring him and his foresaids free thereof in manner specified in the said letters of disposition and renunciation, of the date 3 December 1635, registered in the books of exchequer upon the [...] day of [...], in all and sundry the heads, points, clauses, articles, circumstances and conditions contained in the said two charters and letters of disposition and renunciation and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament decree and ordain that this present ratification thereof is and shall be as valid and of as great force, strength and effect to the said Robert and John Pringle and their foresaids for possessing of the said lands, barony, kirk lands, teinds, annuity and others foresaid perpetually, as if the said whole rights were all at length specially inserted and engrossed word for word in this present ratification, notwithstanding the same be not so done; concerning which, and with all other defects and imperfections and objections whatsoever which may be proposed or alleged against the said 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.
[1641/8/451]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter granted by John [Spottiswood], late archbishop of St Andrews, to his majesty's beloved John Carstairs of Newgrange, his heirs and assignees, of the lands and tenancy of Kilconquhar, with the pertinents, comprehending the particular lands, loch, fishing thereof, yearly free fair and others mentioned therein, and also containing a new gift thereof, to be held of the said archbishop and his successors as superiors thereof, for service of ward and relief, and also paying yearly thereof 6 merks Scots money at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, in name of kane, and for the said yearly fair, customs and privileges thereof the sum of 30s money foresaid yearly at the said terms, and also taxing the ward and non-entry of the said lands and others foresaid to the sum of £160 money yearly at the said terms, and also taxing the marriage of the heirs of the foresaid lands, with the pertinents, to £208 money foresaid in manner contained in the said charter, which is of date [...] July 1635, with the precept and instrument of sasine following thereupon, in the whole heads, articles and clauses thereof; and will this present ratification to be as effectual as if the same were word by word inserted herein.
[1641/8/452]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and infeftment granted by his majesty, for himself and as prince and stewart of Scotland, under the great seal, to his majesty's beloved Sir Ludovic Houston of that Ilk, knight, his male heirs and assignees specified therein heritably, of all and whole the lands and barony of Houston, with the pertinents, comprehending all and sundry the lands, towns, manor places, mills, multures, woods and others respectively mentioned in the said charter, which contains a union of the said whole lands and others foresaid in a whole and free barony, called the barony of Houston, to be held of the prince and his successors, as princes and stewarts of Scotland, in manner specified in the said charter, which is dated at Holyroodhouse, 1 August 1627, with the precept of sasine under the quarter seal and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and conditions thereof. And will and grant that this present ratification is and shall be as effectual, valid and sufficient as if the foresaid charter, precept and instrument of sasine were word by word at length expressed, inserted and set down herein; concerning which his majesty and estates of parliament have dispensed and, by this ratification, dispense with all that has followed or may follow thereupon for now and ever.
[1641/8/453]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and whole estates of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the charter of resignation made and granted by our said sovereign lord, with consent of his highness's treasurers, principal and depute, and other lords of his highness's exchequer of Scotland for the time, to his highness's trusty and well-beloved servant Doctor James Chalmers, physician in ordinary to his majesty and his dearest son, the prince, his highness, his heirs and assignees whatsoever heritably, of all and whole the lands of Balbithan, with the manor place thereof, houses, buildings, yards, orchards, salmon fishings upon the water of Don, with the new place of Balbithan, lands of Heatherwick and Craigforthie, with the mosses, woods, fishings, manor places, houses, buildings, yards, orchards, muirs, meadows, pasturages, tofts, crofts, outsets, insets, parts, pendicles and pertinents thereof whatsoever, lying within the parish of Kinkell and sheriffdom of Aberdeen, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage forever, for yearly payment of the feu ferm duties and fulfilling of the other clauses and conditions mentioned therein, as the same of the date 25 March 1635, having the great seal appended thereto, at more length bears; together with the procuratory and instrument of resignation of the said lands, precept of sasine and sasine following thereupon, with all former infeftments, charters, confirmations, procuratories and instruments of resignation, precepts and instruments of sasine and other rights, titles and securities whatsoever made and granted to the said Doctor James Chalmers, his authors or predecessors, of or concerning the said lands, fishings and others foresaid, or any part thereof, by our said sovereign lord or his highness's predecessors, their regents or governors for the time, of whatsoever date or dates, tenor or contents the same be of, and specially (without prejudice of the generality foresaid) the charter granted by his highness's late dearest father, of worthy memory, to George Chalmers of Balbithan, brother-german to the said Doctor James Chalmers, his heirs and assignees, of the said lands, fishings and others above-written, with the pertinents, of the date 15 February 1600, and sasine following thereupon, in all and sundry the heads, points, clauses, articles and conditions contained therein and after the forms and tenors thereof in all points. And declare, will and grant this act to be as sufficient as if the said charter, procuratory and instrument of resignation, precept of sasine and sasine following thereon, and former infeftments and others specially and generally above-written were all at length and word by word inserted and contained herein, notwithstanding that the same be not so done, concerning which our said sovereign lord and estates of this present parliament dispensed and, by this ratification, dispense for ever.
[1641/8/454]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter made and granted by his majesty, under his highness's great seal, of the date at Edinburgh, 25 July 1636, to and in favour of his majesty's trusty and familiar servant, James Maxwell of Innerwick, his heirs and successors specified therein, of the advocation, donation and right of patronage of the kirk of Gullane, which is now called the kirk of Dirleton, parsonage and vicarage thereof, with all and sundry teinds, fruits, rents, emoluments and duties pertaining and belonging thereto, to be held of his majesty in free blench, as in the said infeftment of the date foresaid at more length is contained; together also with the whole other infeftments granted to the said James or the late John [Erskine], earl of Mar, his author, as lord of erection of the lordship of Cardross, whereof the said kirk of Dirleton was a part, and from the which John, earl of Mar the said James Maxwell's right of the said kirk of Dirleton proceeds, and specially, without prejudice of the generality foresaid, the letter of ratification and renunciation under the great seal granted by his majesty to the said late John, earl of Mar, his male heirs and assignees, and conceived in favour of whatsoever person or persons who had acquired right from the said earl of any kirks or teinds of the said erected lordship of Cardross, whereof the said kirk of Gullane is a part as said is, whereby his majesty has ratified and approved the infeftment of erection of the said lordship of Cardross, with the act of dissolution of the abbacies and priories of Dryburgh and Inchmahome whereupon the same proceeds, and has renounced all right and title which his majesty may have for quarrelling of the same, as in the said letter of ratification and renunciation of the date 14 July 1634 at more length is contained, in the whole heads, articles, clauses and conditions specified and contained in the said infeftments, ratifications, renunciations, generally and particularly above-specified, and declare this present ratification to be as effectual as if the same were inserted expressly. Moreover his majesty and estates of parliament, for the said James Maxwell's further security, and also for security of all others having right to the kirks or teinds of the said erected lordship of Cardross, either flowing from the said late John, earl of Mar or from the late Harry [Erskine], lord Cardross, his son, or David [Erskine], now lord Cardross, his grandson, of the kirks and teinds of the said abbacies and priories of Dryburgh, Cambuskenneth and Inchmahome, which were erected in the said temporal lordship of Cardross or any part or portion thereof, have of new dissolved and, by this ratification, dissolve, extinguish and suppress the said abbacies and priories with the name and memory thereof for ever, and declare the same to have been fully and altogether suppressed and extinguished by the rights and acts of parliament made in favour of the said late John, earl of Mar, his male heirs and successors of the said lordship of Cardross, and to be so in all time coming.
[1641/8/455]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the signature of infeftment passed and signed by his majesty to and in favour of his majesty's cousin and councillor, John, earl of Lauderdale, viscount of Maitland, lord Thirlestane and Bolton, ratifying and approving the rights and infeftments granted by his majesty's late dearest father to the late John [Maitland], lord Thirlestane, chancellor for the time, and to the said John, earl of Lauderdale, styled therein John, master of Thirlestane, his male heirs and assignees, of all and whole the lordship of Musselburgh and right of regality thereof, together with the kirks and teinds lying within the said lordship and patronage of the kirks of the same, together with the office of heritable bailiary and regality of the same and whole benefit thereof, in the whole heads and clauses thereof; and also giving and conveying the same of new again to the said earl and his foresaids, together with the superiority of the vassals of the said lordship, excepting of [William Douglas], earl of Morton for Sheriffhall, with the manor place and pertinents thereof, [Charles Seton], earl of Dunfermline for Pinkie, and manor place and pertinents thereof, whereof their heirs shall remain vassals to his majesty in all time coming, providing always that the said right of superiority of the said vassals and right of regality foresaid with the feu mails and feu ferm shall be redeemable by his majesty and his successors from the said earl and his foresaids by payment to him of the sum of £2,000 sterling, and that in satisfaction to him of the bygone annualrents and duties of the said lordship of Musselburgh, kirks and teinds thereof, which the said earl has wanted continuously since the decease of his majesty's late dearest mother of happy memory, and in satisfaction of the price of the feu mails of the said lordship due to him by the decreet arbitral to be held of his majesty in free blench, as in the said signature of the date 12 November 1641 at more length is contained. And his majesty and his estates will and grant and, by this ratification, decree and ordain that this present ratification shall be as valid and sufficient to the said Earl of Lauderdale, his male heirs and assignees for possessing the lordship, right of regality, lands, kirks, teinds, whole bailiary and superiority, as if the said signature of infeftment were at length expressed and set down herein, notwithstanding that the same for the prolixity thereof is not inserted herein, regarding which, and all faults and imperfections that may follow thereupon, his majesty and his three estates of parliament, by this ratification, dispense with the said earl and his foresaids for ever. And for the said John, earl of Lauderdale's further security, his majesty, with advice and consent of his said three estates of parliament, has dissolved and by the tenor hereof dissolves the said lordship, barony and regality of Musselburgh, lands, kirks, teinds and others above-written, superiority of the vassals thereof and office of heritable bailiary of the said lordship from all annexations of the said lordship to the crown, through which the same has been at any time hitherto annexed, either generally or specially, and also from all and sundry annexations general and special of the superiority of kirk lands and rents to the crown, and from all annexation of the regality of the said lordship of Musselburgh to the stewartry of Dalkeith, to the effect the same may be conveyed by his majesty in blench ferm to the said earl and his foresaids for payment of the said blench duty of £40, with a knight's service and payment of the minister's stipend, and that under and with the same provision of reversion in favour of his majesty and his foresaids in so far as concerns the said right of superiority of vassals, feu ferms and duties of the same, in no way including the said office of heritable bailiary of the said regality, which with the whole liberties, privileges, fees, escheats and others whatsoever pertaining to the said heritable bailiary and contained in the heritable infeftments thereof granted to the said earl and his predecessors are in no way comprehended within the said reversion. And his majesty, with consent foresaid, wills and ordains that upon this present dissolution, new infeftment shall pass and be completed under his majesty's great seal in due form to and in favour of the said earl and his foresaids of the said lordship of Musselburgh and right of regality of the same, with the kirks and teinds lying within the said lordship and of the right of patronage of the same kirks, and also of the said office of heritable bailiary of regality of the said lordship and whole liberties and privileges thereof above-specified.
[1641/8/456]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the two charters and infeftments respectively after-specified, the one thereof granted by his majesty for himself, and as administrator to his highness's dearest son, the prince, with advice and consent of his highness's treasurer and other lords of his majesty's exchequer, to Master William Cochrane, son lawful to Alexander Cochrane of that Ilk and sheriff depute of the sheriffdom of Renfrew, and Elizabeth Scott, his spouse, and to their heirs mentioned therein, which charter is of the date 21 June 1634, of all and whole the five pound land of old extent of Cowdoun, Uplaws and Knockglass and of the loch called Loch Libo, lying within the parish of Neilston and sheriffdom of Renfrew, to be held ward in manner specified in the said charter; and the other infeftment granted by his majesty for himself as superior of a part of the lands, teinds and others after-mentioned, and as administrator to his highness's dearest son, the prince, with advice and consent foresaid, to the said Master William Cochrane, therein designed of Cowdoun, and to his said spouse, and to the longest liver of the two, and to their heirs mentioned therein, which charter is of the date 5 March 1638, of all and whole the forty shilling land of Burnside, with the mill and pertinents thereof, which are a part of the twenty pound land of Dundonald, lying in Kyle within the sheriffdom of Ayr, and of the whole other lands of the said twenty pound land with the teinds, both parsonage and vicarage, and whole pertinents of the same, the five merk land of Ploughland, the four merk land of Girtridge, the merk land of Galrig, the merk land of Galrigside, the merk land of Holms, with the teinds and pertinents thereof, with an isle in the sea called the Lady Isle, and salmon fishings upon the water Irvine, with a new gift of novodamus contained therein, bearing the erection of the kirkton of Dundonald in a burgh of barony, to be held in blench and feu ferm in manner respectively specified in the same infeftment in the whole heads, articles, clauses and conditions and circumstances thereof. And his majesty and estates decree this present ratification to be as effectual as if the said two charters and infeftments respectively were at length inserted word for word, concerning which his majesty and estates by this ratification dispense.
[1641/8/457]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the four charters and infeftments and others respectively after-specified, namely: a charter granted by King Robert II to and in favour of the burgh of Irvine and burgesses thereof, giving liberty to them only to use their merchandise and enjoy the same freely within the whole bounds, borders and marches of the whole baronies of Cunninghame and Largs annexed to the liberty of the said burgh, and discharging any others to disquiet them therein, with power also to them and their successors to hold and possess the said burgh in a free burgh, with all privileges and liberties, as freely and honourably as any other burgh within the kingdom, with the liberty of guild and to make guild brethren in manner contained in the said charter, which is of the date 8 April [1372], in the second year of his majesty's reign, and confirmed by King Robert III upon 2 January [1391], the first year of his reign; and another charter of confirmation granted by King James IV to the said burgh of Irvine, bailies and community thereof, ratifying and approving their whole privileges, liberties and immunities whatsoever granted of before to the said burgh, containing a privilege of replegiation† granted to the said burgh for repledging and reducing of whatsoever burgesses or burgess indwellers within the same burgh that shall happen to be attached or arrested to whatsoever court or courts before whatsoever judge or judges to the liberty of the said burgh of Irvine, and that they within the same burgh shall underlie the law by an assize of the neighbours of the same, which charter is dated 8 August 1511, with the whole acts of replegiation granted in favour of the said burgh of Irvine by virtue of the said charter; another charter under the great seal granted by the late King James VI, with advice and consent of his highness's regent for the time, to the said burgh of Irvine and their successors, of all and whatsoever lands, houses, tenements, buildings, kirks, chaplainries, yards, orchards, annualrents and others whatsoever which pertained to whatsoever chaplainries, altarages, prebendaries, chapels or colleges within the said liberty of the said burgh of Irvine, and six bolls of multure or sucken which pertained to the Carmelite friars of the said burgh and were uplifted by them out of the lands of Ormesheuche, Reddinghill and Hoillhouse, lying within the bailiary of Cunninghame, and all other annualrents whatsoever pertaining of before to the said friars within the said burgh and liberty thereof, dated 8 July 1572; another charter of confirmation under the great seal granted by the said late King James VI ratifying and approving all and whatsoever infeftments and charters granted by his majesty and his highness's predecessors regarding the erection and creation of the burgh of Irvine in a free burgh royal, with all liberties, immunities, privileges and commodities whatsoever contained therein, which charter contains a clause of novodamus in favour of the said burgh of Irvine and their successors of all and whole the burgh of Irvine, with the lands and tenements lying within the same, the lands called the Burrowelandis, alias Montaber, Gallowemure, Knodgerhill, Newemure, Hiemure, Guildielandis, Weirisholme, Inner and Outer Boigfauldis, with the whole pasturage or wards, meadows, acres and commonties within the said burgh, with all and sundry other lands, annualrents, mills, multures, fishings and others whatsoever pertaining to the said burgh, with all seaports or harbours or bulwarks pertaining thereto, with all customs, anchorages, privileges and liberties belonging to the same, with power also to the provost and bailies of the said burgh and their successors to keep and hold justice and sheriff courts within the liberties of the said burgh to punish malefactors according to the laws of this realm, and to convey upon their escheats to the use of the said burgh, with the privilege of yearly fairs and weekly markets in manner specified in the said charter, which is of the date 1 May 1601, with all that has followed or may follow upon the said four charters, to be held in manner respectively specified in the said four charters and infeftments, in all and sundry the heads, points, articles, clauses, circumstances and conditions contained in the said four charters, and after the forms and tenors thereof in all points. And our sovereign lord and estates of parliament decree and ordain that this present ratification thereof is and shall be as valid and of as great force, strength and effect to the said burgh of Irvine and their successors as if the said four charters and infeftments were at length inserted word for word herein, concerning which, and with all other defects and imperfections and objections whatsoever which may be proposed or objected against the said four charters and infeftments or any of them, our said sovereign lord and estates of this present parliament dispense for ever.
[1641/8/458]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve in favour of Sir John Dalmahoy of that Ilk, knight, his heirs and assignees, the two charters underwritten, the one thereof made, given and granted by his highness's late dearest father of worthy memory to the late Alexander Dalmahoy, then of that Ilk, his heirs and assignees whatsoever heritably, of all and whole the lands and barony of Dalmahoy and Over Liberton, with their pertinents, lying within the sheriffdom of Edinburgh, upon the said late Alexander Dalmahoy's own resignation, and the new gift, donation and disposition contained therein, made and granted by our said late sovereign lord to the said late Alexander Dalmahoy, his heirs and assignees foresaid, of all and whole the said lands and barony of Dalmahoy and Over Liberton, with the castles, towers, fortalices, houses, buildings, yards, orchards, dovecots, tofts, crofts, outsets, annexes, connexes, dependencies, parks, forests, muirs, meadows, mosses, braes, mills, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, parts, pendicles and all their pertinents, and of all right, title, interest, claim of right, property and possession, petitioner and possessor, which his highness's predecessors had, has or might pretend to the same or any part thereof, or to the mails, ferms, profits and duties of any years or terms then bygone by any manner of reason, way, cause, action or occasion, specially and generally mentioned in the said charter, and the union, annexation, creation and incorporation of the same lands, baronies and others above-written, with the pertinents, in a whole and free barony to be called the barony of Dalmahoy, whereof the tower and fortalice of Dalmahoy is ordained to be the principal messuage, and the gift, donation and disposition contained in the said charter made and granted by his highness's said late dearest father to the said late Alexander, his heirs and assignees foresaid, of the right of patronage of prebendaries underwritten, namely: of the prebendary of Half Dalmahoy, Half Halton, Half Bonnington and Half Platt, founded within the college kirk of Corstorphine, pertaining of before to the archbishopric of St Andrews and lairds of Corstorphine by alternate turns, and then pertaining to his highness's said late dearest father and become at his highness's disposition by virtue of the act of annexation of the kirk lands and rents of this realm to the crown in manner mentioned in the said charter, and annexing thereby the said right of patronage of the said prebendaries of the said barony of Dalmahoy to remain inseparably therewith in time coming; and ordaining that a sasine to be taken by the said late Alexander and his foresaids then and in all time coming at the said principal messuage of Dalmahoy, to stand and be a sufficient sasine for all and whole the said lands and barony of Dalmahoy, comprehending therein the lands, baronies and others above-rehearsed, united and annexed thereto, and for the said right of patronage of the said prebendaries by alternate turns also annexed to the said barony with dispensation relating thereto in manner specified in the said charter, all to be held of our sovereign lord and his highness's successors in fee heritage and free barony for yearly payment to his highness and his successors of the rights and services used and wont, and whereby the ward, non-entry, relief and marriage of the heirs, so often as the same shall fall in the hands of his highness or his successors, are taxed and conveyed to the said late Sir Alexander and his foresaids for payment of the particular sums thereof mentioned in the said charter, which is under the great seal of this kingdom of the date at Falkirk†, 10 August 1598. And the other of the said charters made, given and granted by his highness's said late dearest father of worthy memory, with advice and consent of the lords of his highness's secret council of Scotland, his highness's commissioners there for the time, and of his highness's treasurer, collector and comptroller depute therein named for the time, by the which charter his highness's said late dearest father, with consent foresaid, has ratified, approved and, for his highness and his successors, perpetually confirmed the charter of alienation and disposition made, given and granted by the said late Alexander Dalmahoy to Barbara Lindsay, daughter lawful to the late Bernard Lindsay of Lochhill, now spouse to Sir John Dalmahoy, eldest lawful son and then apparent heir to the said late Alexander, now of that Ilk, knight, in her poor† virginity, in liferent for all the days of her lifetime, of all and whole the mains of Dalmahoy, containing and comprehending therein the lands called the Newhouse and Burnwynd, with the tower, fortalice, manor place of Dalmahoy, dovecots, yards, orchards, tofts, crofts, parts, pendicles and services of all and whole the said mains of Dalmahoy, with the pertinents, then possessed and occupied by the said late Alexander, with his own proper goods, and by George Steel and James Finney in Newhouse and James Bishop of Burnwynd; and of all and whole that corn mill of Dalmahoy with the mill lands, houses, buildings, multures, sequels thereof and their pertinents as they were then possessed and collected by the said late Alexander and his tenants, lying within the said barony of Dalmahoy and sheriffdom of Edinburgh, and made, given and granted to the said Sir John Dalmahoy and the male heirs then lawfully to have been procreated between him and the said Barbara Lindsay, his spouse, which failing, to the male heirs of the said Sir John lawfully to be procreated of his own body, which failing, to his nearest and lawful male heirs bearing the surname and arms of Dalmahoy and their assignees heritably, of all and whole the said lands and barony of Dalmahoy, specially comprehended therein, the said lands and barony of Over Liberton with the castles, towers, fortalices, houses, buildings, yards, tofts, crofts, outsets, annexes, connexes, dependencies, parks, forest, muirs, meadows, mosses, braes, mills, woods, fishings, coals, coal pits, tenants, tenancies, service of free tenants, parts, pendicles and all their pertinents, with the said right of patronage called Half Dalmahoy, Half Halton, Half Bonnington and Half Platt founded within the said parish kirk of Corstorphine, by alternate turns annexed to the said barony, reserving always to the said late Alexander his liferent of all and whole the town and lands of Dalmahoy and Over Liberton, with the tenants, tenancies, service of free tenants and pertinents thereof, for all the days of his lifetime, to be held of our said late sovereign lord and his highness's successors, superiors thereof, in manner specified in the said charter of alienation and disposition confirmed, which is of the date 10 June 1611, in all and sundry the heads, points, articles, conditions, forms and circumstances thereof whatsoever, with dispensation regarding the sasine taken upon the said charter and precept of sasine contained therein before the said confirmation in manner mentioned in the same charter and confirmation granted by his highness's said late dearest father, with consent foresaid relating thereto, under his highness's great seal of the said kingdom of Scotland, of the date 8 February 1614, as the said two charters of the dates respectively foresaid in themselves at more length bear; and the said charter of alienation and disposition engrossed and confirmed in the said last charter with the precept of sasine and sasine following thereupon, and the procuratory and instrument of resignation whereon the first charter above-written proceeded and precept of sasine and sasine following thereupon, 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 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 effectual and sufficient and of as great strength, force and effect to the said Sir John Dalmahoy and Dame Barbara Lindsay, his spouse, their male heirs and assignees for possessing of the said lands, baronies, advocation, donation and right of patronage and others foresaid as if the said charters and rights specially and generally above-written were all at length word for word inserted and contained in this present ratification, notwithstanding the same be not so done, with the which, and with all other defects, imperfections and objections which may be proposed or alleged in the contrary and against the same or any of the validities thereof, and this present ratification of the same, our said sovereign lord and estates of parliament have dispensed and, by this ratification, dispense for ever.
[1641/8/459]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the charter and patent granted by his majesty to the bailies, council, community and inhabitants of the burgh of South Queensferry, dismembering the said burgh of South Queensferry from the kirk and parish of Dalmeny and erecting the same in a separate parish kirk, and giving to them and their successors the advocation, donation and right of patronage of the said parish kirk of South Queensferry with the nomination and presentation of the minister serving the cure at the said kirk, they paying to them the stipend mentioned in the said charter, together with the power and liberty given to them to stent and tax their neighbours and inhabitants of the said burgh for payment of their proportional parts of the said stipend, in manner contained in the said charter, which is of the date at Theobalds, 9 July 1635; together with the contract and appointment made between the minister and patron of the said kirk of Dalmeny, whereof the said burgh of South Queensferry was a part of before, and the said bailies, council and community of the said South Queensferry on the other part, regarding the dismembering of the said burgh and parish from the parish of Dalmeny, with the act of commission of surrenders ratifying and approving the said contract and erecting the said kirk of South Queensferry in a separate parish kirk, which act is of the date 1 July 1635. And also ratify and approve the charter of erection of the said burgh of South Queensferry in a free burgh royal and in a free port, haven and harbour with the whole liberties, privileges and immunities pertaining to a free burgh royal, together with the minute and small customs, anchorages, prime gilt and other liberties whatsoever pertaining to the said free port and harbour in manner contained in the said charter of erection, which is of the date at Newmarket, 21 November 1636, in the whole heads, clauses, articles and conditions, specified and contained in the said charters, contracts, acts of commission and others respectively foresaid. And will and grant that this present ratification shall be as effectual as if the same were word by word inserted herein, reserving and excepting from hereof to George Dundas of that Ilk that part of the muir commonly called the Ferry Muir, as the same is designed in the instrument of division made thereof between the said Laird of Dundas and the said bailies and council of the said burgh, and also reserving to him the heritable right of the Wester Loaning, leading to and from the said muir, excepting only to the said bailies, council and community of the said burgh and their successors in all time coming, passage, free access and entry to and from the said muir and burgh, according to the declaration made by the said bailies and council of the said burgh in favour of the said Laird of Dundas of the date 6 July 1641, as well regarding the said muir as loaning in manner contained therein, and according thereto in all points. Moreover, his majesty and estates foresaid, by this ratification, erect the said burgh of South Queensferry and kirk thereof in a free burgh royal and separate parish kirk, whereof the right of advocation and presentation pertains to them as said is, and give to the provost, bailies, council and community of the said burgh and their successors power and liberty to stent the burgesses and inhabitants of the said burgh for payment of the minister serving the cure at the said kirk and his successors of the modified stipend contained in the said act of commission of surrenders and charter of erection foresaid ratifying the same, and that proportionally according to the rate and proportion of the goods, lands and ability of every one of the said bailies, community and inhabitants of the said burgh. And it is hereby declared that this present ratification shall be in no way prejudicial to [Charles Seton], earl of Dunfermline and his successors as bailies of the lordship and regality of Dunfermline regarding whatsoever jurisdiction, rights, liberties and privileges pertaining thereto as bailie foresaid within the bounds of the said burgh used and wont, and that the provost, bailies, council, communities and indwellers of the said burgh shall be liable and astricted in all time coming as they have been in time past to the jurisdiction of the regality of Dunfermline and to do, observe and perform all duty and obedience thereto likewise and in the same manner as if the foresaid erection above-mentioned and this present ratification thereof had never been made nor granted.
[1641/8/460]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made and granted by his majesty under his highness's great seal to his majesty's trusty and well-beloved servant Sir Richard Graham, knight, therein styled Richard Graham, servant to [George Villiers], duke of Buckingham, his heirs and assignees whatsoever heritably, of all and whole the lands of Auchinbedrige formerly possessed by the late Ninian Armstrong and his sons, the lands of Allfornoch, Respetedge, Stannaries, Conhesleyes and Pockeskeene, being a ten merk land, lying within the earldom of Nithsdale, lordship of Maxwell, by annexation within the stewartry of Annandale and sheriffdom of Dumfries, containing therein a new gift with a clause naturalising and devising the said Sir Richard and his heirs contained therein, and making them able to succeed to any lands or conquest any lands within whatsoever part of this kingdom of Scotland in the same way and as freely as if he had been born within this kingdom, and making him and his said heirs free denizens and natural Scotsmen forever, and giving power and licence to enter to whatsoever lands within this kingdom by brieves out of his majesty's chancellery, notwithstanding of whatsoever acts or constitutions in the contrary, as at more length is contained in the said charter, of the date at Whitehall, 17 February 1627, and of his majesty's reign the third year, in all and sundry heads, points, passes, articles, clauses, conditions, provisions and circumstances whatsoever contained therein with all that has followed or that may follow thereupon, willing and granting and for his majesty and his successors, with advice and consent foresaid, determining and ordaining that this present general ratification shall be as valid, sufficient and effectual to the said Sir Richard Graham and his foresaids for possessing and enjoying of the said lands and others with their pertinents above-named, as their proper heritage, at their pleasure in time coming in the same way as if the foresaid charter and infeftment, with the precept and instrument of sasine following thereupon, were at length word by word engrossed and inserted herein, concerning which his majesty, with advice and consent foresaid, has dispensed and, by this ratification, for his highness and his successors, dispenses for ever, saving and reserving always to his majesty and his successors the blench duties due and customary to his highness and his predecessors contained in the said infeftment before this present ratification.
[1641/8/461]*[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 letter patent under the great seal of the date 26 August 1641, regarding the testimonial of the genealogy of William Scott, president and councillor of the estates of Holland in Brazil, Everard Scott, resident in Amsterdam, and of James Scott, indweller in Rowan, testifying them to be lawful sons to James Scott, indweller in Harlem in Holland, and grandsons to James Scott, indweller in Delft in Holland, and that their grandfather was one of the lawful sons of Patrick Scott of Monnie, lawfully procreated between him and the late Katherine Drummond, lawful daughter to the Laird of Balloch, which John Scott had an elder brother called Master Patrick Scott of Monnie, in all and sundry points, articles and clauses contained therein; and declares and ordains that this present ratification shall be as valid and sufficient in all respects as if the same were at length inserted herein word for word. And likewise his majesty, with consent foresaid, declares and ordains the foresaid letters patent, testimonials regarding the genealogy of the said William Scott and his brethren, together with this present ratification thereof, shall be as valid, lawful and sufficient to all effects to the said William Scott and to his said brother-german, and to their children and posterity, as if the said William and his said brethren and their said late father and grandfather had all been born in Scotland.
[1641/8/462]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, has ratified and approved and, by this legislation, ratifies and approves the erection of the kirk of Crichton and confirms the foundation thereof, and declares that the college kirk of Crichton shall be the parish kirk, and has converted and, by this ratification, converts and appropriates all and sundry teinds, fruits, rents, emoluments and other duties whatsoever due to the vicars or prebendaries thereof to the said kirk of Crichton and to the ministers now serving the cure and that shall happen to serve the cure at the said kirk in all time coming, with the rents and emoluments that pertained to the ministers or vicars of old, or to the ministers now serving the cure at the said kirk, and whereof the said ministers, vicars and prebendaries or any of them have been in possession at any time; and decrees and ordains that this present ratification and act of converting and appropriating in manner foresaid is and shall be a good, valid and sufficient right to them and their successors for possessing and enjoying the same perpetually in all time coming, providing that the erection and conversion be not prejudicial to the right honourable Sir Patrick Murray of Elibank, knight, and his right he has of these lands which are held by him of the provost of the said kirk, and of the tacks of the teinds belonging to him within the said parish, but that he shall possess these in time coming as he does presently.