[1646/11/598]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by virtue of the last act of his majesty's second parliament held by his majesty and estates of parliament in 1641, considering that all and sundry the lands of Humbie, with the manor place, houses, buildings, outsets, yards, orchards, tofts, crofts, annexes, connexes, parts, pendicles and pertinents of the same, lying in the parish of Kirkliston and sheriffdom of Linlithgow, were said of old to pertain to the bishopric of St Andrews, and that the same thereafter fell and became in the hands of his majesty's late dearest father by virtue of the act of annexation, and that his majesty's said late dearest father, by his charter under the great seal of the date 26 December 1599 and sasine following thereupon, gave and conveyed to the late Alexander Hamilton of Innerwick and to his heirs and assignees heritably all and sundry the said lands of Humbie, with the manor place, houses, buildings, yards, annexes, connexes, parts, pendicles and pertinents of the same lying as said is, and that upon the said late Alexander's resignation, his majesty's said late dearest father, by a later charter under the great seal of the date 18 October 1603, gave and conveyed to the late Thomas [Hamilton], earl of Haddington, lord Binning etc., grandfather to John, now earl of Haddington and then designed Sir Thomas Hamilton of Monkland, knight, his majesty's advocate, and Dame Margaret Foulis, his spouse, the longest liver of the two in conjunct fee and to his heirs procreated or to have been procreated of his body, which failing, to Thomas Hamilton of Priestfield, his father, and to his male heirs specified therein, which failing, to the heirs and assignees whatsoever of the said late Sir Thomas, all and sundry the said lands of Humbie, with the manor place and pertinents thereof aforesaid lying as said is; and the said late Sir Thomas Hamilton, having acquired the heritable right, kindness and possession of the said lands and others in his person from the late William Hamilton of Pardovan, John Stevenson, elder, of Hirdmansheills† and James Stevenson, his son, and others having right thereto, and that after the restitution of bishops the said late Sir Thomas, having paid to the late George [Gledstanes], archbishop of St Andrews certain great sums of money, therefore and for sundry other onerous causes the said archbishop, with consent of the chapter, by his charter of feu ferm, sealed with his own proper seal and the chapter's seal, containing precept of sasine, of the date 10 January 1607, ratified all and sundry charters, infeftments, precepts and instruments of sasine, instruments of resignation, letters of procuratory, conformation, decreets, writs, rights, titles and securities whatsoever made by his majesty's said late dearest father or any other person to the said late Sir Thomas Hamilton and his said spouse or their aforesaids, and of new gave and conveyed the said lands and others aforesaid to the said late Sir Thomas Hamilton and his said spouse and their aforesaids to be held feu of the said late archbishop and his successors, paying thereof yearly £4 money of Scotland at two terms in the year, Whitsunday [May/June] and Martinmas [11 November], by equal portions, and 13s 4d of augmentation, and doubling the said sum by payment of £9 6s 8d at the entry of the heir in name of feu ferm only; and that his majesty's late dearest father, by his charter of conformation of the date at Edinburgh, 26 November 1607, ratified the aforesaid charter granted by the said late George, archbishop of St Andrews to the said late Thomas, first earl of Haddington (then designed Sir Thomas Hamilton of Monkland) of the aforesaid lands of Humbie and others above-specified, with the pertinents. And likewise the said estates of parliament, now considering that by the abolishing of bishops within the kingdom by the laws and acts of parliament thereof the late Thomas, earl of Haddington, father to the said John, now earl of Haddington and the late Thomas, earl of Haddington, brother to the said John, now earl of Haddington, and also the said John, now earl of Haddington were all three heritably infeft successively after each other in the aforesaid lands and others above-specified with the pertinents, to be held of our sovereign lord the king's majesty and his successors as immediate lawful superiors thereof in feu ferm and heritage in manner specified in their several infeftments, retours and other rights of the same, therefore the said estates of parliament have ratified and approved and by the tenor hereof ratify and approve the aforesaid charters and infeftments respectively, particularly and generally above-specified, with all and sundry their charters, sasines, procuratories and instruments of resignation, conformations, retours, precepts upon retours and sasine following thereupon, and other rights, titles and securities whatsoever made and granted by his majesty and his said late dearest father or by the late archbishops of St Andrews or by whatsoever other person or persons to the said John, now earl of Haddington and the late Thomas earl of Haddington, his brother, the late Thomas, earl of Haddington, his father, and the late Thomas, earl of Haddington, his grandfather, and the late Alexander Hamilton of Innerwick or any of them, or to their or any of their predecessors and authors or introduced or conceived in their or any of their favour, of and concerning the aforesaid lands of Humbie and others respectively above-specified, with the pertinents, of whatsoever date or dates, tenors or contents the same be of, in all and sundry heads, articles and circumstances of the same whatsoever; and will and grant and also decree and ordain the aforesaid ratification shall be as valid, effectual and sufficient to the said John, earl of Haddington and to his male heirs and assignees and successors whatsoever as if the aforesaid charters, infeftments and other writs, rights and securities respectively, particularly and generally above-specified were word by word expressed herein albeit the same be not so done, with the which, and with all that may follow thereupon, the said estates of parliament have dispensed and by this act dispense for ever; and will and declare that the aforesaid charters, infeftments and other rights and securities above-specified shall be good, valid and effectual rights and titles to the said John, earl of Haddington and his aforesaids for holding and possessing the said lands and others above-specified, with the pertinents, heritably and irredeemably in all time coming, notwithstanding of whatsoever impediment, act, statute or objection made or to be made in the contrary, and dissolve the aforesaid lands of Humbie, with the pertinents thereof above-specified, from the crown and patrimony thereof and from the aforesaid late archbishopric of St Andrews and jurisdiction thereof and from all annexations, evictions and benefices whatsoever to which the same was annexed or pertained of before, and that to the effect the aforesaid charters and infeftments may be valid and sufficient rights to the said John, earl of Haddington and his aforesaids for enjoying, holding and possessing the said lands and others aforesaid, with the pertinents, to be held of his majesty and his successors in feu ferm and heritage heritably and irredeemably in all time coming; and also to the effect (if need be) a new infeftment thereof may be passed thereupon after dissolution to the said John, earl of Haddington and to his male heirs and assignees whatsoever, to be held of his majesty and his successors in manner aforesaid.