Ratification in favour of Sir James MacGill of Cranstoun-Riddel

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.

  1. NAS, PA2/22, f.341r-343r. Back
  2. Sic. Error for Charles? Back
  3. Sic. Error for Harry? Back
  4. Although there is actually no blank space in the manuscript, it would appear that a name should be inserted here. Back
  5. APS interpolation taken from the original warrant at NAS, PA6/7, 'November 17 1641'. Back