[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.