[1645/1/215]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, taking into consideration the contract after-specified, with the general assembly's recommendation to the parliament for ratifying the same contract, have ratified, approved and confirmed and by this act ratify, approve and confirm the contract dated 1 August 1644 made between Mr Henry Calvert, minister at Paisley, on the one part, and Mr Alexander Dunlop, student in divinity, on the other part; and both the said parties, with consent of the moderator and other brethren of the presbytery of Paisley whereby Mr Henry Calvert, first and principal minister at Paisley, with consent of the presbytery of Paisley, has assigned to the said Mr Alexander Dunlop and his successors, second ministers at the kirk of Paisley, five chalders of oat teind meal of the 15 chalders of victual appointed by the decreet of the commissioners for plantation of kirks as a provision for the ministry at the kirk of Paisley in manner mentioned and set down in the said decreet, as the same decreet dated 1 July 1635 bears. Likewise also the said Mr Henry Calvert, being willing that the kirk may be the better planted with a second minister, has likewise added and assigned to the said Mr Alexander Dunlop and his successors, second ministers at Paisley, another chalder of victual out of the said first minister's stipend, making in total six chalders of victual to the second minister at Paisley and his successors, and has, with consent aforesaid, assigned the same six chalders of victual to the said Mr Alexander Dunlop and his successors yearly out of the teinds of the lands of the locality mentioned in the said decreet and contract respectively, whereof four chalders of oat teind meal and two chalders of white teind meal and barley for his whole stipend for serving the cure as second minister and helper or colleague with the said Mr Henry Calvert and for furnishing elements to the communion proportionally yearly at the said kirk; which six chalders of victual the said Mr Alexander Dunlop, for himself and his successors, second ministers at Paisley, with consent of the presbytery thereof, has accepted in full satisfaction to him and his successors, second ministers at the said kirk, for their part of the said stipend and furnishing the elements to the celebration of the communion at the said kirk proportionally and for all further allowance can be craved by them out of the remainder of the stipend aforesaid, manse or glebe pertaining to the said Mr Henry Calvert or his successors as ministers at Paisley. Likewise the said Mr Henry Calvert and Mr Alexander Dunlop have obliged themselves and their successors, first and second ministers at Paisley, proportionally according to the proportion of the aforesaid stipend, namely: the said Mr Henry and his successors to pay three fifths thereof and the said Mr Alexander Dunlop and his successors two fifths thereof yearly in time coming, as the said contract of the date aforesaid more fully purports in all and sundry the heads, articles, clauses, obligations and conditions respectively of the aforesaid contract above-mentioned, and they declare this present ratification of the same contract to be as sufficient, valid and effectual as if the aforesaid contract was word for word and at length inserted herein, for the which the estates dispense.
[1645/1/216]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the parliament held by his majesty and three estates in 1641, for the many notable good services done to his majesty and to the estates of this kingdom by his highness's right trusty cousin and councillor, Alexander, earl of Leven and Alexander, lord Balgonie, his son, as well within this kingdom of Scotland as within the kingdom of England and by the said earl of Leven within the kingdom of Ireland in the public and most important affairs of this time, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter granted by his majesty under the great seal, dated 18 November 1641, to and in favour of Alexander, earl of Leven in liferent and of the said Alexander, lord Balgonie, his son, and his heirs of tailzie specified therein in fee of the lordship and barony of Balgonie comprehending the lands of East Nisbet and others particularly and generally therein specified, lying within the sheriffdom of Berwick, the lands and barony of Balgonie comprehending the lands and others mentioned therein, lying within the sheriffdom of Fife, the lands of Treytounemure, the lands of Craigencalt, the lands of Easter Baglillie, with the mill called Inchdattie mill, lying within the said sheriffdom of Fife, and sundry other lands, mills, woods, fishings, coals, coalworks and others expressed in the said charter, which are all by the same charter newly united in a lordship and barony called the lordship and barony of Balgonie, to be held of his majesty and his successors in free lordship, free barony and free blench for ever for yearly payment of a white plume or white feather at the castle of Balgonie in name of blench ferm, if it be asked only, notwithstanding that the same was held of old by service of ward and relief and by the which charter his majesty promised in the first word to ratify the same in his highness's next parliament, and ordered the said charter to be a sufficient warrant to the estates of parliament for ratifying thereof and issuing an act thereupon, together with the precept of sasine following upon the said charter and instrument of sasine following upon the same precept, in all and sundry points, articles and clauses contained therein after the form and tenor thereof, and statute and ordained that this present confirmation of the same is and shall be as valid, effectual and sufficient as if the said charter, precept and instrument of sasine were at length inserted herein, dispensing by this act with the not inserting thereof in this act of ratification. Likewise the estates of this present parliament will, grant, statute and ordain that the lands, lordship, barony and others above-written in all time coming be held of his majesty and his successors by the said earl of Leven, his said son and his aforesaids in free blench for payment of the blench duty above-specified in name of blench ferm, if it be asked only, and find, declare, statute and ordain that the said charter, with the precept and instrument of sasine following thereupon and the other rights and securities made to the said earl of Leven, his said son and his aforesaids and their authors and predecessors, are and shall be sufficient and valid rights and securities for possessing and enjoying the lands, lordship, barony and others above-written, according to the tenors thereof in all points, in all time coming to be held of his majesty and his successors in free blench in manner mentioned therein.
[1645/1/217]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the charter and infeftment granted by his majesty's late dearest father, King James VI of blessed memory, under the great seal, to the late Mr John Preston of Fenton Barns, one of the senators of the college of justice, and Lilias Gilbert, his spouse, the longest liver of the two in conjunct fee and to their heirs and assignees specified therein heritably, of all and whole the lands of Guthers†, with the mansion houses, buildings, yards, coals, coalworks, parts, pendicles and all and sundry their pertinents lying within the sheriffdom of Edinburgh as principal and of all and whole the lands of Drum and Gilmerton, with the tower, fortalice, manor place, houses, buildings, yards, orchards, coals, coalworks, parts, pendicles and all and sundry their pertinents pertaining heritably then to Hugh Somerville of Drum lying within the said sheriffdom and that in special warrant and security of the said lands of Guthers, with the pertinents thereof above-specified, containing also a gift of novodamus and sundry liberties and privileges to be held of his majesty and his successors in fee and heritage forever by service of taxed ward and marriage for payment of £10 money of Scotland yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] by equal portions during the time of the ward and non-entry as the tax value thereof and of another £10 money for the relief of the same and of the sum of £100 money aforesaid for the marriage of the heir when it should happen in manner mentioned in the said charter and infeftment, which is dated at Holyroodhouse, 20 February the year of God 1602, with the precept and instrument of sasine following thereupon, together with another charter and infeftment granted by his majesty's said late dearest father, King James VI of blessed memory, under the great seal, to David MacCulloch, servant to [Thomas Hamilton], earl of Haddington, his heirs and assignees whatsoever heritably upon the resignation of Sir Michael Preston of Fenton Barns, knight, with consent of Dame Marion Hay, his spouse, and Mr John Hay of Easter Kennet of all and whole the aforesaid lands of Guthers, with the aforesaid mansion houses, buildings, yards, coals, coalworks, parts, pendicles and all their pertinents as principal and of the aforesaid lands of Drum and Gilmerton, with the pertinents above-specified, in special warrandice of the same, bearing also a gift of novodamus to be held of his majesty and his successors by service of taxed ward and marriage in manner respectively aforesaid and as is contained in the said charter and infeftment, which is dated at Edinburgh, 1 August 1622, with the precept and instrument of sasine following thereupon, together with another charter and infeftment granted by our sovereign lord the king's majesty under the great seal to the said David MacCulloch, his heirs and assignees whatsoever heritably and irredeemably of 12 acres of land called Priesthill, with the pertinents, pertaining of old to George Aitken of Underedge lying between the lands called St Catherine's on the west, the lands of Stanehouse on the east, the lands of Over Liberton on the north and the lands of South House on the south parts, and also of another nine acres of arable land lying at the brigend of Craigmillar bounded in manner specified therein, together with the teind sheaves included of all and sundry the aforesaid 21 acres of arable land with houses, buildings, yards, cottages and pertinents of the same lying within the parish of Liberton and sheriffdom of Edinburgh, and likewise of all and sundry the teind sheaves and parsonage teinds of the aforesaid lands of Guthers, with the pertinents of the same, bearing also a gift of novodamus to be held of his majesty and his successors in feu ferm and free blench ferm and heritage for ever for payment of the feu and blench duties mentioned in the said charter and infeftment, which is dated at Edinburgh, 8 March 1634, with the precept and instrument of sasine following thereupon, in all and sundry heads, articles, clauses and circumstances whatsoever of the aforesaid three charters and infeftments respectively, and will and grant and also decree and order that the aforesaid ratification shall be as valid, effectual and sufficient to the said David MacCulloch and his aforesaids as if the said charters and infeftments respectively were word by word expressed herein albeit the same be not so done, for the which, and with all that may follow thereupon, the estates of parliament have dispensed and by this act dispense for ever.
[1645/1/218]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in this second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have for certain causes and considerations moving them ratified and approved and by the tenor hereof ratify and approve the charter and infeftment under his majesty's great seal of the date at Edinburgh, 5 February 1642 made and granted by our sovereign lord the king's most excellent majesty, with consent of the commissioners of the treasury for the time and the other lords of exchequer, in favour of Thomas, lord Kirkcudbright and Dame Janet Douglas, his spouse, by which charter our said sovereign lord, with consent aforesaid, gave, granted and conveyed to the said Thomas, lord Kirkcudbright and Dame Janet Douglas, his spouse, and to the longest liver of the two jointly and to the male heirs lawfully procreated or to be procreated between them, which failing, to the said Thomas, lord Kirkcudbright, his male heirs and assignees whatsoever heritably and irredeemably, all and sundry the lands and barony of Twynholm, alias Campstoun, comprehending the lands, mills, houses, yards and others particularly expressed in the said charter. As also his majesty, with consent aforesaid, gave, granted and conveyed to the said Thomas, lord Kirkcudbright and to the male heirs lawfully procreated or to be procreated between him and his said spouse, which failing, to the said Thomas, lord Kirkcudbright, his male heirs and assignees whatsoever heritably and irredeemably as said is all and whole the lands and barony of Bombie, comprehending the lands, mills, yards, orchards, castles, towers, fortalices and others at length set down in the said charter, all united and annexed in a barony called the barony of Bombie. As also gave, granted and conveyed to the said Thomas, lord Kirkcudbright, his male heirs and assignees aforesaid all and whole the five pound land of Overlaw, with houses, buildings, yards, parts, pendicles and pertinents of the same, all lying within the stewartry of Kirkcudbright, together with the precept of the date of the said charter, with the instrument of sasine following thereupon, dated 10 December 1642, registered in the general register for registration of sasines and others upon 30 December, in all the heads, clauses and conditions thereof, and declare this present ratification to be as good, valid and effectual as if the above-written charter, precept and instrument of sasine following thereupon were inserted and set down herein fully and word for word, for the which the estates of this present parliament have dispensed and by this act dispense.
[1645/1/219]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, for the good true and thankful service done to his highness and to the estates of this kingdom by his majesty's beloved John Cunningham of Barns in building and erecting upon the isle of May belonging to him lying in the mouth of the Firth [of Forth] of a lighthouse and keeping and maintaining a light therein continuously in the night time for the safety and directing of sailors in their incoming and outgoing of the said Firth in dark nights, upon his great charges and expenses, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter made and granted by his majesty under his highness's great seal on 6 January [...] to and in favour of the said John Cunningham of Barns and his male heirs, of tailzie and assignees specified therein of the lands and barony of Westbarns, comprehending the lands of Westbarns and others particularly and generally mentioned therein, lying within the sheriffdom of Fife, the islands and isle of May and others specified therein, lying in the mouth of the water of Forth within the bailiary of Pittenweem and the said sheriffdom of Fife, proceeding upon his own resignation, containing a new gift of the lands and others aforesaid, together with the said lighthouse built on the aforesaid isle, with the privileges and emoluments used and customary, due and pertaining thereto and others mentioned in the said charter, all newly united in a barony called the barony of Westbarns, to be held of his majesty and his successors for payment of the blench and feu duties specified in the same charter, together with the precept and instrument of sasine following thereupon, in all and sundry points, articles and clauses contained therein after the form and tenor thereof, and statute and ordain that this present confirmation of the same is and shall be as valid, effectual and sufficient as if the said charter, precept and instrument of sasine were at length inserted herein, dispensing by this act with the not inserting thereof in this act of ratification.
[1645/1/220]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter granted by his majesty under the great seal to Sir Andrew Fletcher of Innerpeffer, knight, one of the senators of the college of justice, of the lands and barony of Saltoun respectively mentioned therein, with the teinds, parsonage and vicarage of the parish kirk and parish of Saltoun and of the lands and barony of Glencorse, containing therein a new gift and all thereby united in a free barony called the barony of Saltoun, to be held of his majesty and his successors for payment of the blench and feu duties expressed therein, whereby his majesty willed and granted and for his highness and his successors decreed and ordained that the aforesaid lands and baronies of Saltoun and Glencorse shall be held by the said Sir Andrew Fletcher and his aforesaids in all time coming of his majesty and his successors in free blench for the yearly payment of 1d money of this realm mentioned in the said charter, notwithstanding that the same lands and baronies were held by the authors of the said Sir Andrew Fletcher of his majesty and his predecessors by service of ward and relief or any other manner of holding, and by the which charter his majesty faithfully promised in the first word to have the said charter or infeftment ratified in his highness's next parliament by his majesty, with advice and consent of the estates of the said parliament, which charter is dated at Oxford, 24 July 1643, with the precept and instrument of sasine following thereupon, in all and sundry points, articles and clauses contained therein, after the forms and tenors thereof, and by this act they declare this present ratification thereof to be as sufficient and valid in all respects as if the same were at length and word by word inserted herein, dispensing by this act with the not inserting thereof, and will and grant, statute and ordain that the aforesaid lands and baronies of Saltoun and Glencorse and the teinds of the said parish of Saltoun shall be held in all time coming by the said Sir Andrew Fletcher and his aforesaids of our sovereign lord and his successors in free blench for payment of the blench duty mentioned in the said charter and according to the same charter in all points.
[1645/1/221]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the charter of alienation made and granted by the late John [Bothwell], lord Holyroodhouse to the late Sir William Nisbet of Dean, his male heirs and assignees whatsoever heritably and irredeemably, without reversion, redemption or regress for ever of all and sundry the teind sheaves of all and whole the lands of Dean, with the pendicles and pertinents thereof whatsoever, lying within the diocese of St Andrews and sheriffdom of Edinburgh, to be held of our sovereign lord and his highness's successors as immediate superiors thereof in manner specified in the said charter, dated 7 December 1630, precept of sasine contained therein and instrument of sasine of the said teinds following thereupon of the date the [...] day of [...] 16[...], and the letter of tack and assedation made by way of contract passed between the said John, lord Holyroodhouse on the one part, and the said late Sir William Nisbet of Dean on the other part, set and granted by the said late John, lord Holyroodhouse to the said late Sir William Nisbet for all the days, space and years of his lifetime, and after his death to his heir, for the space of his heir's lifetime, and after the death of his heir, for the space of a second heir's lifetime, and after the death of the second heir, for the whole space and years of seven heirs or their successors' whole lifetimes successively after each other, and so forth from heir to heir or from each successor's death for the space of nine heirs' lifetimes, and after the death of the said late Sir William and after the death of the last of the said nine heirs' lifetime, for the space of 19 years, and after the expiring of the said 19 years, for the space of another 19 years, and after the expiring of the said second 19 years, for the space of a third 19 years, and so forth from 19 years to 19 years for the space of 10 periods of 19 years successively after the others after the death of the last of the nine heirs or successors, of all and sundry the said parsonage teind sheaves of the said lands of Dean, with the pertinents, next after the said late William's entry thereto, which began at Lammas [1 August] 1630 for payment of the year's duty mentioned in the said tack contained in the said contract made relating thereto on 1 December 1630 and the charter of confirmation granted by our sovereign lord the king's majesty, with advice and consent of his highness's treasurer principal and deputy and the other lords of his highness's exchequer and his highness's commissioner, to the said late Sir William Nisbet ratifying and approving and for his highness and his successors perpetually confirming the said charter and letter of tack and assedation of the said teind sheaves of the said lands of Dean, with the pertinents, in manner specified in the said charter of confirmation under his highness's privy seal, dated 15 February 1634, and also the letter of alienation and disposition made and granted by John [Campbell], earl of Loudoun, lord Mauchline and Tarrinzean, high chancellor of Scotland, as having full commission granted by his majesty to him, with advice and consent of the commissioners of exchequer present and being for the time, or any two of them, to set, alienate and heritably convey and renounce the annuity due to his majesty and his highness's successors out of the teinds of the lands within this realm in manner specified in the commission granted by his highness to the said lord chancellor, with consent aforesaid, to that effect, dated 7 May 1642, to and in favour of the said Sir William Nisbet now of Dean, his heirs and assignees, whereby the said lord chancellor as commissioner, having power, with consent aforesaid, has sold, alienated, renounced, assigned and conveyed to the said Sir William Nisbet now of Dean and his aforesaids heritably all and sundry annuities indebted to his majesty in any manner of way out of the said teind sheaves of the said lands of Dean and pultrie lands†, with their parts, pendicles and pertinents, and that of all years bygone and in time coming, renouncing, discharging and giving over to the said Sir William and his aforesaids all right and title whatsoever which his highness or his successors had, has or in any way can pretend to the said annuity of the said teinds of the said lands or any part thereof of any years bygone or to come, and declaring the said Sir William and his aforesaids free and released from the said annuity of the said teinds of the said lands for ever in manner specified in the said disposition of the said annuity of the said teinds made relating thereto, dated 24 December 1642, as the said charter, precept of sasine contained therein and sasine following thereupon, letter of tack and assedation of the said teinds contained in the said contract and letter of disposition of the said annuity of the said teinds of the dates respectively aforesaid in themselves at more length bears, in all and sundry heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points, and will and grant, decree and ordain that the said rights of the said teinds and annuities thereof are and shall be as good, valid and sufficient in themselves to the said Sir William Nisbet, for himself and as heir to the said late Sir William, his father, his heirs and assignees for possessing the said teinds and annuity thereof, as well of all years and terms bygone since the dates thereof as in time coming, as the said charter, precept and sasine and tack of the said teinds and disposition of the said annuity thereof above-written were all at length specially and particularly herein engrossed, inserted and contained, for the which the said estates of parliament have dispensed and by this act dispense for ever.
[1645/1/222]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify, approve and for his highness and his successors perpetually confirm the charter made and granted by his highness's late dearest father, King James VI of worthy memory, with consent of his highness's treasurer for the time, to the late Sir William Nisbet, then styled William Nisbet of Dean, merchant burgess of Edinburgh, father to Sir William Nisbet now of Dean, his male heirs and assignees whatsoever heritably, of all and sundry the lands and others underwritten, namely: of all and whole the lands of Dean, with the corn-mills and waulk-mill thereof, mill-lands, multures and sequels of the same, all and whole the muir called Highland muir, being a proper part and pertinent of the said lands of Dean lying within the bounds, boundaries and borders underwritten, namely: between the lands of Ravelston on the west and north parts and the proper arable lands of the Dean on the east and south parts, with all and sundry houses, buildings, yards, orchards, dovecots, fishings, outsets, annexes, connexes, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the said lands and others above-written whatsoever lying within the sheriffdom of Edinburgh and near the burgh thereof upon the said late William's (thereafter Sir William) own resignation, with the new gift and disposition of the said lands, mills and others above-written contained therein and the making, erecting, union, annexing, creating and incorporating of all and sundry the said lands, muir, mills and others above-written in a whole and free barony, to be called then and in all time coming the barony of Dean, and ordaining a sasine to be taken then and in all time coming by the said late Sir William, his male heirs and assignees aforesaid upon the ground of any part of the said lands of Dean to stand and be sufficient for the whole lands, muir, mills and others above-written to be held of our said late sovereign lord and his highness's successors in fee heritage and free barony for ever for payment yearly thereof of the rights and services used and customary and the taxing and modifying of the ward and non-entry of the said lands to the sum of 40 merks money of this realm yearly during the time thereof, and the marriage of each male heir to the sum of 500 merks money aforesaid so often as the same shall become vacant and fall in manner specified in the said charter granted thereupon, under his highness's great seal, dated at Royston, 26 April 1610, as the same of the date aforesaid at more length bears, with the precept of sasine directed thereupon and sasine following thereupon whereby the said Sir William Nisbet now of Dean was served, retoured, entered, infeft and seised as heir to the said late Sir William Nisbet, his father, in the said lands, barony and others above-written in all and sundry heads, points, clauses, articles, circumstances and conditions contained therein and after the forms and tenors thereof in all points, and will, grant, decree and ordain that the said rights and this present confirmation thereof are and shall be good, valid and sufficient in themselves to the said Sir William Nisbet now of Dean, son and heir aforesaid, his male heirs and assignees aforesaid for possessing the said lands, barony and others above-written contained therein to be held of our sovereign lord and his highness's successors in fee heritage and free barony for ever and in taxed ward for payment of the taxed ward duties above-written, according to the said charter above-mentioned in all points perpetually and for ever, without any obstacle, question, contradiction or impediment to be made in the contrary. And in consideration that as the highway, gate and passage that leads by the place and town of Dean through the south side thereof by the gate of the said Sir William's place, yards and planting there and by his teind barn and teind barnyard and by the houses of his tenants of Dean and doors thereof, whereby all men on horse and foot travel and have travelled, is very hurtful, noisome and prejudicial to the said Sir William and his tenants and may be more commodiously had another way, namely: by going over at the east end of the town of Dean and going west and east at the bank of the said place and town of Dean, orchards and yards thereof on the north side of the same, which the said Sir William, not being willing to alter or do himself, therefore the estates of parliament, being informed hereof by him at his earnest suit and desire, have given, granted and by this act give and grant full power and liberty to the said Sir William Nisbet, his male heirs and assignees to alter and change the said gate and passage from any farther going or coming in time coming by or through the said town of Dean on the south side thereof as it has been in use to be in time bygone, and to cause the said gate be made and used in going through at the east end of the said town of Dean and from there west and east by the back of the place and town of Dean, orchards and yards thereof by the heid-riggs† there, which the said Sir William Nisbet and his aforesaids shall be held to cause make and repair in a sufficient and large way, gate and passage for horsemen and footmen and for carts, sleds, loads and others coming, going and travelling that way; and for this effect give power to the said Sir William Nisbet and his aforesaids to have the said way and passage through the said town of Dean at the south side thereof as well at the east end and part as west end and part of the said town of Dean stopped, built up and blocked, and to keep and preserve the same for the proper use of himself and his tenants and of those with whom they shall have to do and desire and permit to come that way, and to build such gates and closures for that effect as they shall think most fit and expedient; without any peril or danger to be incurred by the said Sir William and his aforesaids in doing thereof and any objection or impediment to be made in the contrary, for the which the said estates of parliament have dispensed and by this act dispense for ever.
[1645/1/223]*[print] [email] [cite] [preceding] [following]
The estates of parliament, convened in this second session of parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved, likewise by this act ratify and approve a disposition of the heritable office of constabulary and keeping of the house of Huntingtower, office of forestry and keeping of all the woods, parks and plantings thereof and office of the stewartry and bailiary of the barony of Bambreich and of the feu duties of the said barony of Bambreich pertaining heritably to the late Mungo [Murray], viscount of Stormont, the feu duties of the lands and baronies of Strathbrand pertaining heritably to Sir William Stewart of Grantully, knight, and of the feu duties of the towns and lands of Craigingall, Nether Pitcairns, half lands of Monydie, half lands of Ragillime, half lands of Bameblair and mill of Coldrochie pertaining heritably to John Graham of Balgowan made and granted by Katherine Bruce, spouse to William Murray, one of his majesty's bedchamber, and having power and commission from him for managing and disposing upon his affairs within this kingdom of Scotland to and in favour of Mr Robert Bruce of Gelletts, advocate, his heirs and assignees, dated 26 February last, in all and sundry the heads, clauses and conditions thereof, as the same of the date aforesaid at more length purports; together with the charter under the great seal, dated 14 October 1634, with the precept and instrument of sasine following thereupon, whereby his majesty has given, granted and conveyed to the said William Murray, his heirs and assignees the said offices of constabulary and forestry and keeping of the said house of Huntingtower, castle, tower and manor place thereof with all the woods, parks, planting, orchards, yards, meadows and hedges and pertinents and said office of stewartry and bailiary, of all and whole the said lands and barony of Bambreich comprehending the particular towns and lands contained in the infeftment thereof granted to the said late Mungo, viscount of Stormont, together with the said feu mails, feu ferm duties and others of the said lands and baronies of Bambreich, lands and barony of Strathbrand and other lands particularly above-mentioned pertaining to the said John Graham of Balgowan, as the said charter bearing the aforesaid offices and feu duties to be redeemable by his majesty and his successors from the said William Murray and his aforesaids by payment of 40,000 merks Scots money, precept and instrument of sasine at more length purports, with the act of parliament ratifying and dissolving from the crown the said offices and duties, dated 28 July 1633. As also the estates aforesaid ratify and approve the letter of renunciation and discharge of reversion under his majesty's privy seal, dated 18 March 1643, whereby his majesty renounced and discharged the right of reversion of the aforesaid offices, feu mails and feu ferm duties in favour of the said William Murray and his aforesaids, as the same also in itself at more length bears. And the estates aforesaid will and declare that this present ratification shall be as valid and effectual to the said Mr Robert and his aforesaids as if the said charter, precept and instrument of sasine, discharge of reversion and disposition aforesaid were herein expressly inserted, for the which the estates aforesaid dispense for ever; and will and declare that the said offices, feu mails and feu ferm duties shall remain with the said Mr Robert Bruce and his aforesaids irredeemably in all time coming. Moreover, the estates aforesaid have dissolved and by this act of new dissolve and separate from the crown and patrimony thereof the aforesaid offices and feu duties and rescind and annul all acts of annexations, general or particular, and whatsoever other acts of parliament, laws and statutes prejudicial to the said charter, precept, instrument of sasine and discharge of reversion and disposition aforesaid and which in any way may seem to derogate from there in so far as may be extended to the said offices and feu duties only to the effect the said Mr Robert and his aforesaids may hold, enjoy, possess and intromit with the said duties and offices contained in the aforesaid rights, which are hereby declared to be a good, valid and effectual security to the said Mr Robert and his aforesaids in all time coming, without any action, question, obstacle or impediment to be moved relating thereto; and if need be they order a new infeftment to pass and to be made hereupon of the aforesaid offices, feu mails and feu ferm duties in favour of the said Mr Robert and his aforesaids heritably and irredeemably to be held of his majesty and his successors likewise and in the same manner as is contained in the said charter thereof under the great seal, for which this act shall be a sufficient warrant to the commissioners of treasury, treasurers and other lords of exchequer without any further warrant for that effect. And because the said discharge of reversion was not passed in exchequer nor through the seals but of late, by reason of necessary cause intervening of delay, and therefore could not be registered in the public register of sasines and reversions within the time prescribed by the act of parliament until the same were first passed the privy seal, therefore the said estates find, determine and declare that the said registration, being within 60 days from the date of appending the seal, which was upon 25 February last, to the said gift, shall be sufficient and as valid and effectual as if the same had been within 60 days after the date thereof, for the which the estates aforesaid dispense by this act.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, by this act ratify, approve and perpetually confirm the charter made and granted by Charles [Seton], earl of Dunfermline, lord Fyvie and Urquhart, heritable bailie to his majesty of the lordship and regality of Dunfermline and commissioner and bailie lawfully constituted by his majesty for receiving resignations and granting charters thereupon in favour of all the vassals of the said lordship and regality of Dunfermline, of all the lands, teinds and others pertaining thereto and to the patrimony thereof held immediately of our said sovereign lord and his successors as lords of the said lordship and regality of Dunfermline, by virtue and according to the power and commission granted relating thereto by his majesty to the said earl of Dunfermline, his heirs and successors to him in his right of the tack of the said lordship of Dunfermline, dated at Holyroodhouse, 10 November 1641 and lawfully ratified and confirmed in parliament upon 17 November 1641, to and in favour of John Haliburton, merchant burgess of Edinburgh, his heirs and assignees whatsoever heritably of all and whole the wood of Garvock, which is commonly called Garvock Wood, with all and sundry lands, sheuchs†, hedges, trees, tofts, crofts, outsets, annexes, connexes, parts, pendicles and all their pertinents, together with all and sundry the teind sheaves and other teinds thereof whatsoever therein included, with the mansion houses and buildings built thereon by the late Sir Andrew Melville of Garvock, knight, by their own proper charges and their whole pertinents, lying in the parish and the said regality of Dunfermline and within the sheriffdom of Fife, proceeding upon the resignation of Mr Thomas Melville, brother-german to the late Sir John Melville of Raith, to be held of his majesty, his heirs and successors in the said lordship and regality of Dunfermline in feu ferm for payment of the feu ferm duty expressed therein, and performing the other conditions generally therein mentioned, dated at Edinburgh, 1 February 1644, with the precept of sasine inserted therein and the instrument of sasine following thereupon, in all and sundry heads, points, articles and clauses contained therein after the forms and tenors thereof, and they find, declare, statute and ordain that this present ratification of the said charter and sasine is and shall be as valid, effectual and sufficient in all respects as if the same charter and sasine were at length and word by word inserted and engrossed herein, dispensing hereby with the not inserting thereof in this present ratification, and ordering this act to be a sufficient warrant to [Sir Alexander Gibson of Durie], clerk register, and his deputes for extending an act of parliament hereupon in due form.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the letters of gift granted by Robert [Maxwell], late earl of Nithsdale to Alexander Maxwell, then of Little Cessnock, now of Dechmont, his servant, during all the days of his lifetime, thereby giving and conveying to him during all the days of his said lifetime in pension all and whole the sum of 300 merks money of Scotland, and that to be paid out of the parsonage teinds of the parish kirk and parish of Kirkbean indebted to the said late earl of Nithsdale by the late William Maxwell of Kirkhouse, then tacksman of the said parsonage teinds, or any others indebted to him in payment of the said teinds, beginning the first term's payment thereof at Martinmas [11 November] 1626 for the said crop and year, with the provision contained in the said letter of pension, whereby it is specially provided that after the expiring of the said late earl of Nithsdale's tack of the said teinds set to him by the laird of Drumlanrig, that then and in that case the said Alexander Maxwell should have recourse to seek the said pension out of any other of the said late earl of Nithsdale's readiest rents, as the said letter of gift of pension of the date 12 February 1627, registered in the books of council and session on 5 June thereafter the said year, at more length bears. And also the decreet obtained thereupon at the instance of the said Alexander Maxwell against the said late William Maxwell of Knockhouse, tacksman of the said parsonage teinds, and all and sundry the heritors, feuars, farmers and possessors of any lands within the said parish of Kirkbean and other intromitters with the parsonage teinds thereof and indebted and in use of payment for answering, obeying and making thankful payment and deliverance to the said Alexander, his factors and others in his name of the said pension of 300 merks money out of the readiest parsonage teinds of the said parish of Kirkbean and that of the said crop and year of God 1626, yearly since and yearly in time coming at the term of Martinmas during his said lifetime, according to the said gift and letter of pension in all points in manner specified in the said decreet of the date 7 November 1629 in all and sundry the heads, points, clauses, articles and conditions contained in the said letters of gift and decreet and after the form and tenor thereof in all points.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the charter of donation, mortification, advocation, donation and right of patronage of the kirk of Elgin, with the privileges and liberties contained therein, made and granted by his majesty under his highness's great seal, with consent of the commissioners for the treasury, treasurer depute and other lords of exchequer for the time, to the provost, bailies, council and community of the burgh of Elgin in Moray and to their successors as provost, bailies, council and community thereof heritably of all and whole the lands of Glasgroin, with the pertinents, lying within the liberty and territory of the said burgh of Elgin and sheriffdom of Elgin and Forres, and by which charter our sovereign lord, with consent aforesaid, for the cause contained therein, mortified, gave, granted and conveyed for his highness and his successors to the kirk of Elgin, being lately the cathedral kirk of Moray and to the ministers then present and to come then and for ever for serving the cure at the same, the particular stipends and duties underwritten: namely, to the principal and first minister thereof and his successors all and whole 10 chalders of victual of valued bolls and 200 merks money of this realm of Scotland, with the manse and glebe as their sufficient stipend; and to the other second minister serving the cure there and his successors, all and whole 800 merks in money and bolls as for their sufficient stipends, with the sum of £40 for furnishing elements to the communion; all yearly to be uplifted and taken up at the terms of payment used and customary out of all and whole the parsonage teinds of the parish of Elgin and out of the first and readiest valued bolls, rents and duties of the said teinds; and to the reader at the said kirk and his successors, all and sundry the vicarage teinds of the vicarage of the said kirk of Elgin to be held, enjoyed, teinded, gathered in, used and conveyed by him and his successors at their pleasure, beginning the first year's payment of the said ministers' and reader's stipend and duties for furnishing of the said elements to the communion of the crop and year of God 1642 and likewise yearly thereafter and for ever in all time coming. And further our said sovereign lord, with consent above-written, gave, granted and conveyed and for his highness and his successors perpetually confirmed to the said provost, bailies, council and community of the said burgh of Elgin and their successors heritably the advocation, donation and right of patronage of the said kirk of Elgin, parsonage and vicarage thereof, and of the ministers and reader serving the cure and of their mortified and modified stipends above-written, with all and sundry teinds, rents, emoluments, profits and duties pertaining thereto which pertained before to the bishop of Moray and his patrimony, and made, constituted and ordained the said provost, bailies, council and community of the said burgh of Elgin and their successors undoubted patrons of the said kirk and parish of Elgin, parsonage and vicarage thereof, and of the ministers and readers serving the cure there in all time coming, with power to them to nominate, present and provide fit, able and qualified persons as ministers and readers to the said kirk and parsons and vicars to the said parsonage and vicarage thereof and to the said mortified and modified stipends and duties of the same as often as they shall happen to become vacant by death, demission, transportation, deprivation or inability of the possessor or whatever other manner of way at their pleasure. And further our said sovereign lord, with consent above-written, for his majesty and his successors, dissolved and separated the said kirk of Elgin, parsonage and vicarage thereof, teinds, fruits, rents, emoluments and duties pertaining thereto from the bishopric of Moray and patronage thereof (to which the same was first annexed and pertained) and united and annexed the same to the lands above-written, with the pertinents, to remain inseparable therewith in all time coming, which charter is dated at the palace of Holyroodhouse, 15 November 1641, together with the precept of sasine and instrument of sasine following thereupon in all and sundry heads, articles, clauses and conditions contained therein. And they statute, will and declare that this present ratification is and shall be as valid, effectual and sufficient to the said provost, bailies, council and community of the said burgh of Elgin in Moray and to their successors as provost, bailies, council and community thereof as if the infeftment above-written, precept and instrument of sasine following thereupon were at length word by word inserted herein, for the which the said estates of parliament dispense for ever.
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The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved and confirmed and by the tenor hereof ratify, approve and confirm the two letters of gift after-mentioned both made and granted by his majesty under his highness's privy seal in favour of Mr James Durham of Pitkerro during his lifetime, the one thereof dated at Holyroodhouse, 18 October 1641 of the office of treasurership to his majesty in the kingdom of Scotland, with the privileges, liberties, profits, duties and casualties pertaining and belonging to the said office particularly and generally mentioned therein, and the other thereof of the date at the palace of Holyroodhouse, 16 November 1641 of the fees and duties therein expressed pertaining to the said Mr James Durham as dictator of the rolls and clerk of his highness's exchequer, amounting in total to the sum of £1,174 money of this realm of Scotland, both shown and produced and at length read and considered in parliament, in all and sundry points, articles and clauses contained therein after the form and tenor thereof, and they declare and ordain that this present ratification of the said two letters of gift shall be as valid and effectual in all respects as if the same were at length and word for word inserted herein, dispensing by this act with the not inserting thereof, and order this act to be a sufficient warrant to [Sir Alexander Gibson of Durie], clerk register, and his deputes for extending an act of parliament hereupon in due form.
[1645/1/228]*[print] [email] [cite] [preceding] [following]
The estates of parliament, convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, have ratified, approved and confirmed and by this act ratify, approve and confirm the charter made and granted by his majesty under his highness's great seal, dated at his majesty's palace of Holyroodhouse, 15 November 1641, to and in favour of Mr James Durham of Kinnell in liferent and James Durham, his eldest lawful son and apparent heir, his heirs of tailzie and assignees specified therein of the barony of Kinnell, comprehending the lands and barony of Kinnell particularly and generally mentioned therein, the two third parts of the lands of Pitkerro, the barony of Powrie particularly and generally specified therein, and of a sixth part of the lands of Hilton of Craigie, all lying within the sheriffdom of Forfar and all (except the aforesaid sixth part of the said lands of Craigie) united in a barony called the barony of Kinnell, to be held as follows, namely: the lands and others specified thereby united in the said barony of Kinnell in fee heritage and free barony for the yearly payment of the tax duties and values of ward, relief, non-entry and marriage mentioned therein, and the said sixth part of the said lands of Hilton of Craigie to be held in feu ferm for payment of the feu duties specified therein, with the retention mentioned therein, together with the precept of sasine following thereupon and the instrument of sasine following upon the said precept, all shown and produced and at length read and considered in all and sundry points, articles and clauses contained therein after the forms and tenors thereof. And they declare and order that this present ratification of the aforesaid charter, precept of sasine and instrument of sasine shall be as valid and effectual in all respects as if the same were at length and word by word inserted herein, dispensing by this act with the not inserting thereof. And they further declare, statute and ordain the aforesaid lands and barony of Kinnell, comprehending the lands and others which by the said charter are united in the said barony of Kinnell, to be held in all time coming by the said Mr James Durham and his said son and their heirs and successors of our sovereign lord and his highness's successors in taxed ward for payment of the tax values and duties of ward, non-entry, relief and marriage expressed therein, notwithstanding that the same were formerly held by service of ward and relief, without any tax or limitation of the duties of the said lands and barony during the time of the ward and non-entry thereof and without any tax or limitation of the values of the marriage of the heirs of the same, and order this act to be a sufficient warrant to [Sir Alexander Gibson of Durie], clerk register, and his deputes for extending an act of parliament hereupon in due form.
[1645/1/229]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify, approve and confirm the charter and infeftment under his majesty's great seal, dated at Edinburgh, 29 September 1642, made, given and granted by his highness, for himself and as father, tutor, guider and lawful administrator of the law to his majesty's dearest son, Charles, prince and steward of Scotland and Wales, duke of Rothesay, Albany and Cornwall, earl of Kyle, Carrick and Cunninghame, lord of the Isles and baron of the barony of Renfrew, with consent of his majesty's commissioner appointed for his highness's treasury nominated therein and other commissioners of his highness's exchequer of the kingdom of Scotland, to and in favour of his majesty's right trusty and well-beloved cousin and councillor, John, earl of Cassilis, lord Kennedy etc. in liferent for all the days of his lifetime and of his highness's late trusty cousin, James [Kennedy], lord Kennedy, his eldest lawful son and then apparent heir, and of the male heirs lawfully to have been procreated of his body, which failing, to return to the said John, earl of Cassilis and to the male heirs lawfully procreated or to be procreated of his body, which failing, to the eldest lawful daughter lawfully to have been procreated of the said late James, lord Kennedy's body and to the male heirs lawfully to have been procreated of her body bearing the name and arms of Kennedy of the house and family of Cassilis, which failing, to the remaining heirs of provision respectively mentioned and contained in the said charter and infeftment bearing the name and arms aforesaid, and observing and keeping the provisions and conditions expressed therein in fee heritably under the special provisions, reservations and conditions mentioned and contained in the letters of procuratory made and granted by the said John, earl of Cassilis to and in favour of the said late James, lord Kennedy, his son, and his heirs respectively aforesaid thereupon and in no way otherwise, of all and whole the earldom and lordship of Cassilis, with the lands and barony of Leswalt, comprehending the particular lands, baronies, mills, woods, fishings, castles, towers, fortalices, houses, buildings, yards, orchards, lochs, teind sheaves, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and others whatsoever united and annexed thereto, together with the heritable office of bailiary of all and sundry the lands of the late bishopric of Galloway lying above the River Cree, with all profits, fines, escheats, blood-wites, casualties and commodities pertaining and belonging to the said office of bailiary held immediately of our said sovereign lord, and also all and whole the lands and barony of Dunure, comprehending the particular lands, baronies, mills, woods, fishings, castles, towers, fortalices, houses, buildings, yards, orchards, lochs, teind sheaves, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and others whatsoever united and annexed thereto, together with the heritable office of the bailiary of Carrick, with all privileges and duties thereof used and customary and heritable office of keeping of the castle of Lochdoun, with the lands called Pennyland, extending to a five pound land, and with the advocation, donation and right of patronage of the provostry and prebendary of the collegiate kirk of Maybole, with the superiority of all lands and tenements belonging thereto held immediately of his highness's said dearest son, the prince, all united and annexed to the said earldom and lordship of Cassilis, together with the precept and instrument of sasine following upon the said charter and with the procuratory of resignation, assignation to the teinds mentioned therein and instrument of resignation following thereupon, whereupon the said charter followed; and likewise a charter and infeftment under the great seal, dated at Holyroodhouse, 26 January 1598, made and granted by his majesty's late father King James VI of worthy memory to and in favour of his majesty's late right trusty cousin, John [Kennedy], earl of Cassilis, lord Kennedy etc., uncle to the said John, now earl of Cassilis, of all and whole the lands and barony of Glenluce, comprehending the particular towns, lands, mills, woods, fishings, castles, towers, fortalices, annexes, connexes, dependencies, tenants, tenancies, service of free tenants and others expressed therein, and likewise a feu charter dated 30 July 1628 granted by Adam [Bellenden], sometime bishop of Dunblane to the said John, earl of Cassilis of the three pound land called Knockgerran and Altichapel and of the isle called Ailsa [Craig], with tower, fishings and pertinents thereof, lying within the bailiary of Carrick, regality of Crossraguel and sheriffdom of Ayr, together with the charter of confirmation of the said feu charter under the great seal, dated 27 September 1628, and in the same manner a charter and infeftment under the great seal, dated 29 August 1644, with the precept and instrument of sasine following thereupon made and granted by our said sovereign lord to and in favour of the said John, earl of Cassilis of all and whole the six merk land of old extent called the Mains of Soulseat, alias the Bordland, with manor places, houses, buildings, outsets, yards, orchards, lochs, tofts, crofts, annexes, connexes, parts, pendicles and pertinents thereof, together with the two mills called St John's Mill and Barsowes Mill, with the sequels and pertinents thereof, and with the multures of all and sundry the lands and barony of Soulseat, with the pertinents, lying within the sheriffdom of Wigtown; and likewise a tack and assedation of the date the [...] day of [...] 1615 made, set and granted by the late William [Couper], sometime bishop of Galloway, with consent of the chapter of the cathedral kirk of Galloway, to and in favour of the said John, earl of Cassilis in liferent for all the days of his lifetime and for 19 years thereafter of the teind sheaves and other teinds, both parsonage and vicarage, of the parish kirk and parish of Inch, and parsonage teinds of the parish kirk and parish of Leswalt, together with the decreet of prorogation of the said tack, dated 24 June 1618, adding seven periods of 19 years to the said tack; and likewise a tack and assedation dated 16 December 1616 made, set and granted by Mr Peter Hewit, commendator of Crossraguel, to the said John, earl of Cassilis in liferent for all the days of his lifetime and for two periods of 19 years thereafter of the teind sheaves and other teinds, parsonage and vicarage, of the said earl's ten pound land of Row and other lands therein expressed, lying within the parishes of Dailly, Girvan and Straiton, containing a clause irritant, together with a discharge of the said clause irritant, dated 25 April 1634, together also with the decreet of prorogation of the said tack, dated 27 November 1622, bearing two liferents and four periods of 19 years to be added to the said tack; and in a similar manner a tack and assedation dated 20 June 1618 made, set and granted by the late Mr James Inglis, minister at the kirk of Dailly, to the said John, earl of Cassilis for the lifetime of the said late Mr James Inglis and for the space of five years thereafter of the teind sheaves and other teinds, both parsonage and vicarage, of the ten pound land of Row, five merk land of Dalquharran and other lands expressed therein pertaining to the said earl lying within the parish of Dailly and earldom of Carrick, together with the decreet of prorogation of the said tack, dated 24 June 1618, bearing five periods of 19 years to be added to the said tack; and also a tack and assedation of the date 29 June 1632 made, set and granted by Mr John MacQuorn and for the space of three years after his death of the small teinds of the thirty pound land of Girvanhead and twenty pound land of Dalmorton, lying within the parish of Straiton and earldom of Carrick, together likewise with all and whatsoever other charters, infeftments, procuratories of resignation, dispositions, contracts of alienation, precepts, instruments of sasine, confirmations, tacks, assedations, prorogations, assignations and other rights, titles and securities whatsoever made and granted by our said sovereign lord for himself or as father and administrator to his said highness's dearest son, the prince, or by any of his majesty's predecessors for themselves or as princes of Scotland or as administrators to their eldest sons being princes for the time, or by the bishops of Galloway, Dunblane or Argyll or by the abbots of Crossraguel, Glenluce, Soulseat or Tongland or by the deans of his majesty's chapel royal or any of their predecessors to whom a part of the aforesaid lands, baronies, mills, woods, fishings, teinds, offices, patronages and others above-expressed pertained of before and now pertains to his majesty by abolishing the name of the said bishops and abbots and other titulars aforesaid to and in favour of the said John, earl of Cassilis or any of his predecessors as earls of Cassilis or lords Kennedy or their authors from whom they have right of the said earldom and lordship of Cassilis of the said baronies of Leswalt and Dunure, held of his majesty or of his said highness's dearest son, the prince, respectively, or of the lands, baronies, mills, woods, fishings, castles, towers, fortalices, houses, buildings, yards, orchards, dovecots, teinds, offices, patronages, annexes, connexes, dependencies, tenants, tenancies, service of free tenants, parts, pendicles and pertinents whatsoever annexed to the said baronies of Leswalt and Dunure or either of them in manner aforesaid, or of any other lands, baronies, mills, woods, fishings, teinds, castles, towers, fortalices, houses, buildings, yards, orchards, dovecots, lochs and others whatsoever pertaining and belonging to the said John, earl of Cassilis wherever the same lie or be within this realm in all and sundry heads, articles, points, clauses, conditions, provisions and circumstances whatsoever contained in the aforesaid charters, infeftments, contracts of alienation, letters of disposition, procuratories and instruments of resignation, precepts and instruments of sasine, confirmations, tacks, assedations, prorogations, assignations and other rights, titles and securities particularly and generally aforesaid, and that in so far as the same bears a disposition of the said earldom and lordship of Cassilis, lands, baronies, mills, woods, fishings, offices, teinds, patronages and others aforesaid made to the said John, now earl of Cassilis or any of his predecessors aforesaid without all respect to the provisions conceived in favour of the male heirs and of tailzie mentioned in any of the said old infeftments, which are altered, changed and revised by the said new infeftment, so that this present ratification of the said old infeftments, tacks and others aforesaid shall not only be extended in favour of the said John, earl of Cassilis and his male heirs and of provision above-specified. Moreover, the said estates of parliament declare this present ratification and approbation and generality thereof is and shall be of as great value, force, strength and effect to the said John, earl of Cassilis and to his male heirs and of provision respectively aforesaid contained in the said new infeftment of the said earldom and lordship of Cassilis, lands, baronies and others respectively aforesaid annexed thereto as if all the aforesaid charters, infeftments, contracts of alienation, letters of disposition, procuratories and instruments of resignation, precepts and instruments of sasine, confirmations, tacks, assedations, prorogations, assignations and other rights, titles and securities particularly aforesaid were at length word for word engrossed herein, for the which, and with all other objections and imperfections that may be proposed or alleged against the validity of the said charters, infeftments and other rights, titles and securities particularly aforesaid or of this present ratification and approbation thereof, the said estates of parliament have dispensed and by this act dispense for ever.
[1645/1/230]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the charter made, given and granted by our sovereign lord, Charles, king of Great Britain, France and Ireland, defender of the faith, with advice and consent of his highness's treasurers, comptrollers and collectors or treasurers of his highness's new augmentations nominated therein for the time, and with advice and consent of the other lords and others of his highness's exchequer, his highness's commissioners, to George Home, fiar of Wedderburn, his male heirs and assignees whatsoever heritably under the reversion after-specified of all and sundry the lands and cottages after-specified, with the pertinents, lying within the town and territory of Eyemouth, barony of Coldingham and within the sheriffdom of Berwick lying and bounded as follows, namely: of all and whole these two husband lands, with the houses, buildings, cottages and their pertinents lying within the territory of the said town of Eyemouth and territory thereof sometime occupied by John Pringle, and the other thereof occupied by William Home, brother-german to the late Alexander Home in Crossgate of Coldingham, and their tenants, and likewise of all and sundry the cottages lying in the community of the said town of Eyemouth, together with all and sundry houses, buildings, yards, orchards, parts, pendicles, tenants, tenancies, feu ferms and duties of all and sundry the said lands and cottages respectively and of all other lands, cottages, houses and buildings within the said burgh, tenants, tenancies, service of free tenants, feu ferms, feu duties and duties thereof, with all their pertinents, and likewise of all and whole that croft of arable land with the outsets, houses and yards thereof called the Baillie Croft lying above the north part of the town of Paxton, between the lands of the lairdship of Swinton on the west, the lands of the late David Paxton on the east, the burn of Whiteadder on the north and the common way of the said town of Paxton on the south parts, lying in the said barony of Coldingham and within the sheriffdom of Berwick, and likewise all and whole these two husband lands in the said town of Eyemouth, with the cottages, houses, buildings and pertinents thereof occupied as follows, namely: that husband land with the cottages thereof and their pertinents occupied by the late Thomas Hood and James Hood, his son, and their subtenants, and half husband land with the cottages thereof and their pertinents sometime occupied by William Home of Ayton and now by William Home of Linthill and his subtenants, the other half of that husband land with the cottages thereof and their pertinents occupied by William Lindsay; as also of all and whole the burgh and town of Eyemouth, with the port and harbour thereof, with all and sundry lands, cottages, houses, buildings, yards, orchards, tofts, crofts, customs, tolls, anchorages, liberties and privileges as well within the ebbing as flowing of the sea, with all their pertinents lying within the bounds and territory thereof and within the said sheriffdom of Berwick, and of all and sundry the kirklands pertaining to the parsonage and vicarage of Duns, these lands called Priestside, with the parts, pendicles and their pertinents extending to two husband lands with the houses, buildings, yards, tofts, crofts and all their pertinents sometime occupied by Hugh Nicolson and Cuthbert Currie, indweller in Duns, together with the four acres of arable land with the mansion houses, buildings, tofts and crofts pertaining thereto sometime occupied by Marion Nisbet and [...] Carnes, his spouse, with the pasturage of eight sums of grass upon the lands, muirs and moss of Rubdismaynes and Sampsones Walleder, lying within the parish of Duns and the said sheriffdom of Berwick; and likewise of all and whole these 10 husband lands, with the cottage-land and corn-mill thereof, lying in the town of Ayton, two husband lands, with the fishings in the sea, lying in the town of Coldingham, another husband land, with the fishing in the sea, lying in the said town of Eyemouth, three husband lands lying in the said town of Ayton, nine husband lands in Coldingham commonly called Steillislandes, Edward Shounslands and Lumesdeneslandes, the two part of the fifth part of four husband lands there commonly called Awishlandes and Aytounslandes, 12 cottages there, the lands of Beoche Park, the seven husband lands in Eyemouth and a cottage there, six husband lands in Ayton, four husband lands in Midton of East Reston, four husband lands and two cottages in the town of West Reston, the fifth part of the lands of Swinewood, four husband lands and three cottages in the town of Renton, 18 husband lands and a husband land and four acres of land lying in Auchencrow and Swinefield, and likewise the lands of Paxton, with the salmon fishings thereof upon the River Tweed, called Freuchie and Steoanes Hoill, lying in the barony of Harden and sheriffdom of Berwick aforesaid; which husband lands, cottages, acres, salmon fishings and other fishings particularly above-specified, his majesty, with advice and consent aforesaid, by the said charter, has united to the said burgh and barony of Eyemouth of before united, annexed and incorporated in a free burgh and barony called the burgh and barony of Eyemouth, with all privileges and liberties belonging thereto, and has ordained the said town of Eyemouth to be the principal dwelling place of the said barony and a sasine to be taken there is to be sufficient for all the said husband lands, cottages, acres, fishings and others particularly above-written according to the original infeftments and charters of the said barony granted by his highness's dearest father of blessed memory to the late Sir George Home of Wedderburn, knight, and David Home, his son, in fee under redemption always and reversion to Sir John Home of Blackadder, knight, by payment to the said George Home of a rose noble of gold at any time when it should happen the said late Sir John to offer the same to him in presence of a notary and famous witness in the appropriate form, without any premonition or requisition whatsoever to be made of before to that effect; and in case of refusal thereof, instruments to be taken thereupon are to be as sufficient to the said late Sir John Home for the order of redemption as if the same were consigned in the hands of any responsible person or bailie of any burgh within this realm. Which charter proceeded upon the resignation of the said husband lands, acres, cottages, salmon fishings and other fishings particularly above-written and burgh of barony aforesaid, with their pertinents, all now united, annexed and incorporated as said is of the said Sir David Home of Wedderburn, knight, Sir John Home of Blackadder, knight, John Home, then fiar, now of Blackadder, his son, and the late Mr Archibald Hadden, keeper of the castle of Edinburgh, donator to the gift of the escheat and liferent of the said Sir David Home to whom the same pertained heritably before, of old held of the priors of Coldingham and thereafter of the lords of erection of Coldingham, and now of our sovereign lord by virtue of the late act of parliament, declaring his majesty superior of the kirk lands within this realm, made by them in the hands of the said lords and others of his highness's said exchequer of Scotland, his highness's commissioner appointed for receiving resignations as in the hands of our said sovereign lord, now their immediate superior thereof, in favour and for new infeftment thereof to be made and given to the said George Home, his male heirs and assignees aforesaid heritably under reversion always as is above-written, with the new gift and disposition contained in the said charter made and granted by his majesty, with advice and consent aforesaid, for the cause contained therein to the said George Home, his male heirs and assignees aforesaid of all and whole the said husband lands, cottages, fishing, burgh of barony and others above-written, with the pertinents, all now united, annexed and incorporated as said is, comprehending particularly as is above-mentioned and sasine to be taken at the said town of Eyemouth to be sufficient for the said barony in time coming with all right, title and interest which his highness or his predecessors have or may pretend thereto in time coming in manner mentioned in the said charter, to be held of our sovereign lord and his highness's successors in feu ferm, free barony and heritage forever for payment of the yearly feu ferm duties respectively mentioned in the said charter, as the same of the date at Edinburgh, 25 January 1634 at more length bears, with the precept of sasine following upon the said charter and instrument of sasine following thereupon, of the date the [...] day of [...] 16[...], 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 the said estates of parliament will, grant, decree and order that this present ratification of the said charter, precept and sasine hereby ratified as said is shall be as valid and sufficient in themselves to the said George Home and his aforesaids for possessing the said husband lands, acres, cottages, fishings, burgh of barony and other contained therein, with the pertinents, liberties and privileges thereof aforesaid, as if the same were at length inserted and contained herein without any impediment or contradiction to be made in the contrary in time coming.
[1645/1/231]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened in the second session of this first triennial parliament by virtue of the last act of the last parliament held by his majesty and three estates in 1641, ratify and approve the letters of gift made and granted by our sovereign lord, Charles, by the grace of God, king of Great Britain, France and Ireland, defender of the faith etc., with advice and consent of his highness's treasurers, comptrollers and collectors or treasurers of his highness's new augmentations within this realm principal and deputy and of the other commissioners of his highness's treasury of the kingdom of Scotland, his highness's commissioners there, to Alexander Stewart, chamberlain of Fife, making, constituting and ordaining him during his lifetime his highness's chamberlain of all and whole the late archbishopric of St Andrews, as well of the priory and lordship of St Andrews lately annexed thereto, as all the remainder of the said archbishopric, and collector, receiver and gatherer of all and sundry the mails, ferms, feu mails, feu ferms, blench ferms, kanes, customs, casualties, teinds, fruits, rents, emoluments, revenues, profits and duties whatsoever pertaining to the said late archbishopric of St Andrews and priory of St Andrews and of all lands, heritages, lordships, baronies, castles, towers, fortalices, manor places, houses, buildings, yards, orchards, mills, woods, fishings, kirks, teinds, possessions and others pertaining and belonging thereto, as well of all years, crops and terms bygone remaining owing unpaid to our sovereign lord and to which his highness had then right as of the crop and year of God 1641 and likewise yearly and termly in time coming during his lifetime, and giving to the said Alexander Stewart the office thereof during all the days of his lifetime, with full power to the said Alexander Stewart relating thereto in manner specified in the said letters of gift, as the same under his highness's privy seal, dated at the palace of Holyroodhouse, 16 September 1641, produced before the commissioners of his highness's exchequer and by them seen, allowed and registered in the said books of exchequer upon 22 January 1642, at more length bears, in all and sundry the heads, points, clauses, articles and conditions contained therein and after the form and tenor thereof in all points. And the said estates of parliament will and grant and by this act decree and order that this present ratification is and shall be as sufficient as if the said letters of gift were inserted herein, for the which the estates dispense; and the said letters of gift is and shall be a good, valid and sufficient right to the said Alexander Stewart to the effect contained therein, according to the tenor thereof in all points.