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Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the signataur superscryved be his majestie at Whitehall, the tent of Agust 1660, mentioning that his majestie, considering that his royall father of happie memorie, by a letter under his privy seall of the kingdome of Scotland, did grant, give and dispone to William, now earle of Marishall, dureing his lifetyme, the shirreffship of the shire of Aberdein, from the exercise whairof he hes been debarred by those who usurped the government after 1648; thairfor, his majestie ordaines a letter to be made under his privy seall of the said kingdome or any other seale usueall, of new giveing, granting and disponeing to the said earle, dureing his lifetyme, the said shirreffship of Aberdein, with all priveledges, casualities and immunities therto belonging, als freely and amplie as any other shirreff heirtofore enjoyed, with power to appoint deputs for whom he shall be anserable, and that without prejudice of the earle his former right, which wee heirby ratifie and approve in the haill heids, clauses and conditions of the same, and declares this present ratification to be als valeid and sufficient as if both the saids gifts wer heir insert word be word, wherwith his majestie, with advice forsaid, hes dispenced and be thir presents dispences for now and ever.
I [...]† earle of Roxburgh doe protest in name of the marques of Huntlie that the ratification of the gift granted be his majestie to the earle of Marishall of the shirreffship of Aberdein shall not prejudge him of his right to the said shirreffship untill the fyve thousand pund promised to him for the same be payed, and heirupon I take instruments.
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Our soverane lord, with advice and consent of his estates of parliament, hes ratified, approven and confirmed and be the tenor heirof ratifies, approves and confirmes, ane gift made and granted be James, archbishop of Glasgow, under his hand and seale of the date the first day of February 1632 yeers, to and in favours of wmquhile Sir Adame Coninghame of Woodhall, ane of the senators of the colledge of justice, (thairin designed Adame Coninghame of Woodhall, commisser of Dumfreis) and Mr Adame Coninghame, now of Woodhall, (therin designed his sonne) whairby the said James, archbishop of Glasgow, made, constitute and ordained the said Sir Adam Coninghame and the said Mr Adam Coninghame, now of Woodhall, his sonne, and longest liver of them tuo dureing all the dayes of thair and either of thair lyfetymes, successive commissers of the commissariot of Dumfreis and keeper of the seals of the said office, dureing the space forsaid, and gave, granted and disponed to them the office thairof within the haill bounds of the same, with all and sindrie fies, dueties, liberties, priveledges, casualities, honors, dignities and commodities whatsoever perteaning and belonging thairto, or that wer knoun or might be knoun to apperteane to the said office, in the haill heids, articles, clauses and circumstances thairof, and declaires and ordaines this present generall ratification thairof to be als valeid, effectuall and sufficient, in all and be all things as is therin exprest, as if the forsaid gift wer word be word ingrossed heirintill, wheranent and with all other defects and imperfections whatsoever that may be objected against the validitie of the forsaid gift, or against this present ratification thairof, his majestie, with advice and consent forsaid, hes dispensed and be thir presents dispenses for ever.
[1661/1/129]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, hes ratified, approven and confirmed and be the tenor heirof ratifies, approves and confirmes ane gift made and granted be Patrick, archbishop of Glasgow, under his hand and seale of the date the elevent day of Agust 1637 yeers, to and in favours of wmquhile Mr William Ramesay, sonne to Mr Thomas Ramesay, minister at Dumfreis, and James Coninghame, toun clerk of Dumfreis, therin designed servitor to Adam Coninghame of Woodhall, ane of the senators of the colledge of justice, wherby the said archbishop of Glasgow nominat, constitute and ordained the saids wmquhile Mr William Ramesay and James Coninghame, and longest liver of them tuo dureing all the dayes of thair and either of thair lifetymes, commisser clerks of the commissariot of Dumfreis, and formers of the whole testaments within the same, and gave, granted and disponed to them, and longest liver of them tuo dureing all the dayes of thair and either of thair lifetymes, the office thairof, with all and sindrie fies, dueties, casualities, liberties, priveledges and commodities whatsoever perteaning and belonging therto, and that wer knowne or might be knoune to perteane and belong to the said office, with the act or instrument of admission following thairupon of the date at Dumfreis, the thretteinth of October 1637 yeers, wnder the signe and subscription of Stephan Young, notter publict, whairby the said James Coninghame, in ane commisser court holden in the tolbuith of the said burgh of Dumfreis, wes admitted and receaved in the said office, conforme to his said gift and his oath taken de fideli administratione therin; and als ane other gift made and granted to the said James Coninghame be Mr Adam Coninghame, advocat, commisser of Dumfreis, of the date the fourt day of July 1637 yeers forsaid, of the office of procurator fiscallship of the said commissariot of Dumfreis, dureing all the dayes of his lifetyme, with all fies, priveledges, commodities and casualities belonging to the said office, particularly and generally therin mentioned, together with ane interloquitur given be the lords of councill and session in favours of the said James Coninghame anent the said office of procurator fiscallship, upon the fourt day of March 1637 yeers forsaid, in ane action persewed befor them anent the same be severall parties thairin contained, wherin the said James Coninghame is preferred to the said office and ordained to be ansered and obayed thairof as haveing best right thairto; and siclyk ane other gift made and granted be wmqhile William, earle of Stirling, then principall secretary to his majesties' wmqhile dearest father for the kingdome of Scotland, to the said James Coninghame of the date the penult day of July 1639 yeers, of the office of clerkship within the shirreffdome of Dumfreis, and within the haill bounds thairof, dureing all the dayes of his lifetyme, with all fies, casualities, priveledges, liberties, proffeits and commodities whatsoever perteaning and belonging thairto, particularly and generally specified in the said gift, with the act or instrument of admission following therupon in favors of the said James, wherby he wes admitted to the said office be the shirreff of the shirreffdome for the tyme, conforme to the said gift and his oath taken de fideli administratione therin of the date the second day of December 1639 yeers, wnder the signe and subscription of Alexander Douglas, notter publict; together with ane act of exchequer of the date at Edinburgh, the fourt day of July 1642, under the subscription of Sir Alexander Gibesone, younger of Durie, knight [and] lord register, whairby William, earle of Dumfreis† lord Crichtoun, at the passing of ane signatour of the offices of shirreffship and crounership of Dumfress obleidged himselff to accept and continew the said James Coninghame (therin designed advocat) in his office of clerkship dureing his lyfetyme, in the haill heids, clauses and circumstances thairof, and declaires and ordaines this present generall ratification thairof to be als valeid, effectuall and sufficient, in all and be all things as is therin exprest, as if the forsaids gifts and rights wer word be word ingrossed heirintill, wherwith his majestie, with advice and consent forsaid, hes dispenced and be thir presents dispences for ever; and declares that the said James Coninghame hes good and undoubted right to bruik the saids offices and enjoy and uplift the fies and casualities belonging thairto, dureing all the dayes of his lifetyme, in maner and be vertew of the same gifts and ratification respective abovementioned in all points.
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Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves and, for his hienes and his successours, perpetually confirmes the fundation and erection of the Colledge of New Aberdein made be the deceast George, earle of Marishall, lord Keith and donation of the same, with diverse rents and patrimonies of his oune propper lands, for advanceing of the which also the provost, baillies, councill and communitie of the said burgh of Aberdein gave to the deceast earle the place, kirk, closse and yeard whilks apperteaned sumtymes to the Gray Friers in Aberdein, to be annexed to the said colledge, in maner at lenth specified in the saids letters of fundation and erection whilks are of the date the [...] day of Aprile 1593, together with the act of ratification of the same made in his majesties' dearest grandfather King James the sext of worthy memorie, his current parliament holden at Edinburgh within the tolbuith of the same, upon the tuentie one day of July therafter, the said yeer and grant and disposition therinmentioned, in all and sindrie the heids, points, clauses, articles, circumstances and conditions thairof thairin contained, and after the formes and tenors thairof in all points, and further of new gives and dispones to the said colledge, masters and members thairof, all freedoms, liberties, priveledges and jurisdiction that to any frie colledge within this realme, be law and practick, is knoun to apperteane, and specially but prejudice of the generality forsaid, with power to them to make such use of the said place, kirk and yeard, whilks apperteaned sumtymes to the Grayfreirs of Aberdein, gifted to the said earle be the provest, baillies, councill and community of the burgh of Aberdein, to be annexed therto, as said is, as the saids masters and members shall think most fit and convenient for the benefite of the said colledge, provyding alwayes that the masters, members, students, bursers and haill inhabitants of the said colledge are and shall be, in all tyme heirafter, subject to the jurisdiction of the provest, baillies and councill of the said burgh of Aberdein in all things to be done or committed be them out-with the walls of the said colledge and within the territories and freedome of the said burgh.
Whairas ther is given in to this honourable and heigh court of parliament be the principall, masters and regents of Marishall's Colledge within the city of Aberdein, and be William, earle of Marishall, patrone of the said colledge or ane or other of them, ane ratification of certane pretendit infeftments, gifts, grants or other rights or securities of and concerning the church commonly called the Grayfreir Church, lyeing at the head of the Broadgate neir to the said colledge, to be past and exped be the king's majestie and estates of parliament to and in favours of them and thair successors, intending therby, as is informed, to appropriate the same for the private use and service of the said colledge and to prejudge and depryve the said city and ther magistrats of their just and undoubted right and interesse in and to the said church; thairfor, William Gray, ane of the present baillies of the said burgh of Aberdein and commissioner serveing for them in this present parliament, did in open parliament protest in name and behalff of the provest, baillies, councill and inhabitants of the said burgh, that the passing and expeding of any such ratification of the forsaid Gray freir Kirk, or any pretendit rights, infeftments, gifts, grants or other securities whatsoever alledged, made and granted to and in favors of the masters of the said colledge and thair said patron or either of them, with any thing following or that may follow thairupon, shall infer no prejudice, hurt or derogation to any right, tytle or possession or other pretence or interesse whatsoever compitent or that may be compitent to the said burgh of Aberdein, magistrats, councill and community thairof, bot that the same shall stand valeid and effectuall in full force as to all intents unhurt and prejudged, in any sort be vertew of the said ratification, as if the same had never been past or exped. Wpon which protestation, the said William Gray askit instruments in the hands of the lord clerk register.
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Our soverane lord, with advice and consent of his estates of parliament, considering that the deceast Sir Thomas Wrwhart of Cromertie, sumtyme heretable proprietar of the lands and barronie of Cromertie and office of shirreffship thairof, whairunto he had right be vertew of his charters, infeftments and securities thairupon granted to him and his predicessors and in speciall be vertew of a charter granted to the said deceast Sir Thomas, under the great seall, by his majesties' deceast grandfather, which is of the date at Falkland, the elevent day of Junij 1599, as the same and his other originall rights and evidents, according to thair severall dates, tenors and progresses in themselffs, at more lenth proports. And considering that Sir Robert Ferwhar of Moynie hes acquired from the said deceast Sir Thomas all and haill the saids lands and barronie of Cromertie, office and jurisdiction of the shirreffship thairof, as the same are boundit and designed in the rights and evidents aforsaid, and that the said Sir Robert wes heretablie infeft in the saids lands, barronie and office of shirreffship, with the whole parts, pendicles and pertinents, jurisdictions, casualities, proffeits and emoluments thairto, belonging be vertew of a charter granted to him thairupon, under the great seale, by his majesties' deceast father, which is of the date at Edinburgh the last day of March 1647 yeers, and that the said Sir Robert Ferwhar hes sold, annalied, disponed and assigned, heretablie and irredeimably, the saids lands and barronie of Cromartie, jurisdiction and office of shirreffship and others forsaid, to and in favors of Sir Johne Wrquhart, now of Cromertie, his aires maill and assignayes whatsoever, in maner as at more lenth is specified in the rights and infeftments granted to him thairupon; and forsameikle as Alexander Wrquhart of Dunlugus, nearest of kin and air maill apparent to the said deceast Sir Thomas, hes consented to the rights made by the said Sir Robert to and in favours of the said Sir Johne and his forsaids, and hes ratified and approvin the same and whole progres, grounds and warrands whairupon the said disposition, assignation and other rights proceidit, and that now the said Sir Johne hes humbly desired the same to be ratified and confirmed; thairfor, our said soverane lord, with advice and consent of his estates of parliament, be thir presents, ratifies, approves and perpetually confirmes to and in favours of the said Sir Johne and his forsaids, the whole originall evidents, generally and specially abovenamed, and in particular but prejudice of the generalitie, the infeftment granted in favours of the said deceast Sir Thomas Wrquhart of the date and tenor aforsaid, as also the rights and infeftments acquired by the said Sir Robert from the said Sir Thomas Wrquhart, with the whole grounds, warrands and progresse thairof, and in lyk maner the disposition, assignation, rights and infeftments forsaid granted be the said Sir Robert in favours of the said Sir Johne and his forsaids, with all that hes followed† thairupon, with the consent and ratification of the said Alexander Wrquhart of Dunlugus, in the haill heids, articles and clauses of the saids whole rights and evidents, as the same are generallie or specially abovenamed, and decernes, declaires and ordaines that the forsaid generall ratification is and shall be als sufficient as if the saids infeftments, rights, sureties, progresse, grounds and warrands of the same, and all that hes followed thairupon, wer word be word heirin exprest and insert, wheranent and with all objectiones that may be proponed against the validitie of the said ratification, our said soverane lord, with advice and consent forsaid, hes dispensed and be thir presents dispences for ever, and have interponed and be thir presents interpones thair authority and ratification thairunto, and in lykmaner our soverane lord, with advice and consent forsaid, upon diverse good and weighty considerations moveing them therto, hath of new given and granted and be the tenor heirof gives, grants and dispones to and in favours of the said Sir Johne Wrwhart of Cromertie, all and haill the forsaids lands and barronie of Cromertie, office of shirreffship, with the whole dignities, priveledges, immunities, jurisdictions, casualities, fruits, proffeits, emoluments, parts, pendicles and pertinents which to the saids lands, barronie and office of shirreffship does or did at any tyme belong, in full and ample forme, as the same are contained respective in the charters and infeftments granted to the said deceast Sir Thomas Wrquhart, of the date forsaid, or contained in his or any of his predicessors' thair originall writs, charters or securities, and the saids lands, barronie, office of shirreffship, jurisdictions and others aforsaid, to be enjoyed by the said Sir Johne and his aires maill and assignayes, als freely and fully as the same hes beene brooked, joysed, possest and exerced be the said deceast Sir Thomas, or any of his predicessours as aforesaid, without any interruption or molestation to be made to him theranent, be any persone whatsoever.
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Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the gift granted be his late majestie King Charles the first, of ever blessed memorie, to Mr Hary Hay, second lawful sonne to the deceast Mr William Hay of Aberladie, sumtyme one of the clerks of his majesties' councill and session, wherby his said late majestie did gift, grant and dispone to the said Mr Hary Hay, conjunctly with his said deceast father, the office of commisser clerkship of Edinburgh, and incaice the said Mr Hary survived his father, disponed to him the same office of commisser clerkship with all fies, casualities, priveledges and dueties belonging thairto incaice the said office did vaik in his late majestie or his successors' hands, throw the decease of the said wmquhile Mr William, or by any other maner of way, whilk gift is of the date at Hamptoun Court, the thrid of November 1647 yeers; together with our said soverane lord his ratification and new gift granted to the said Mr Harie Hay, whairby his majestie not only ratifies and approves the forsaid gift made be his majesties' royall father to the said Mr Hary of the said commisser clerkship, bot also hes given, granted and disponed to him, dureing all the dayes of his lifetyme, the same office of commisser clerkship with all fies, casualities, priveledges and dueties belonging thairto, and giveing power to him to brooke and joyse the same, with all and sindrie fies, casualities, priveledges and dueties belonging thairto, and to use and dispone thairupon, siclyk in all respects as any of his predicessors and clerks of the said commissariot hes done at any tyme bygone; and whairby lykwayes, his majestie gives power to the said Mr Harie Hay, dureing all the dayes of his lifetime, to make and substitute deputs under him, ane or mae, for useing and exerceing of the said office for whom the said Mr Hary is holden to answer and that, notwithstanding of all other gifts and grants derogatorie to the said ratification and new gift, whilk ratification and new gift is of the date the tuentie-sext day of September last by past 1660 yeers, in all and sindrie the heids, clauses, articles and circumstances of the first gift and of the ratification and new gift abovewritten in all poynts, whilks are holden as if everie ane of them respective wer heirin particularly de verbo in verbum insert, wherwith his majestie, with advice forsaid, hes dispenced and dispences for now and ever, and declares that the said Mr Hary Hay hes good and undoubted right to brooke the said office and enjoy and uplift the fies and casualities belonging thairto, dureing all the dayes of his lifetyme, in maner and be vertew of the same gift and ratification respective abovementioned in all points.
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Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the gift of that office and place of the keepeing of the generall register of all horneings, relaxations, inhibitions and other writs belonging to that office, and the particular register of the same writts within the shirreffdome of Edinburgh granted be the deceast Sir Alexander Gibesone of Durie, his majesties' clerk register for the tyme, to Johne Ramesay, advocat, dureing all the dayes of his lifetyme, as ordinary deput clerk to him and his successours in the keeping and registrateing in the books of councill of all and sindrie lettres of horneing, inhibitions, interdictiones and executions thairof, and of the extracting of the same forth of the registers, and generally with power to the said Johne to brooke and exerce the said place, dureing his lifetyme be himselff and his servants whom he shall be anserable for, sicklyk and als freely as any of his predicessors in the said office did or might have done in any tyme bygone, as the said gift dated the fifteinth day of Junij 1648 yeers at more lenth beares; [and] with the said Johne his admission thairupon be the lords of councill and session, dated the second day of Junij 1649, together also with the ratification and approbation thairof made and granted be Sir Archibald Primerose of Chester, knight and barronet, now clerk of his majesties' councill, registers and rolls, dated the tuentie- nynth day of January 1661, in the haill heids, articles, clauses and conditions of the same, and conforme to the tenor of the forsaid gift [and] admision following thairupon and ratification respective abovespecified in all poynts, whilks are holden as if everie one of them respective wer heirin particularly and severally de verbo in verbum insert, and declares that the said Johne Ramesay hes good and undoubted right to brooke the said office and enjoy and uplift the fies and casualities thairto belonging, dureing all the dayes of his lifetyme, in manner and be vertew of the same gift, admission and ratification respective abovementioned in all poynts.
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Our soverane lord, with advice and consent of his estates of parliament, be thir presents ratifies and approves the charter made and granted be his majesties' royall grandfather, King James the sext, of glorious memorie, under his hienes['s] great seall, to the provest, baillies, councill and community of his majesties' royall burgh of Elgine, and thair successors, wherby his majestie not only ratified and approved all and sindrie infeftments, gifts and donations made and granted to them be any of his most royall progenitors of whatsoever lands, tenements, annualrents and others particularly and generally thairin mentioned, bot also of new gave, granted and disponed to them all and haill the forsaid burgh with all and sindrie lands, tenements, tofts, crofts, yeards, annualrents, proffeits and dewties whatsoever belonging and perteaneing thairto, within the haill bounds, limites and marches thairof used and wont, and specially the lands of Mostowie, Davallagrein, Glasgrein with the greiveships and mosses of Strakaynt, together with the harbouries and stations of Lossy and Spey, and all other harbouries and creiks betuixt the water of Spey and Findorne wher ships, barks, boats or other vessells whatsoever may be receaved, with power to big the forsaids harbouries or sea ports with frie ish and entrie to and fra the same, and to intromet with and uptake the customes, dueties and anchorages thairof, and to apply the same to the use of the common good of the said burgh; with power also to them to hold frie mercats and fairs als oft and so oft and upon such dayes as they used to keep the same of befor, and to constitute and assigne other mercat and publict faires for such tymes and spaces convenient to the utility of the said burgh as they shall think fitt, and to uplift tolls and dueties thairof, and to apply the same to the use aboverehersed. Lykas, his majesties' most royall grandfather abovenamed, decerned and ordained that it should not be leisum to any of his majesties' subjects to keepe mercate or publict faires at paroche kirks, chappells or other places whatsoever within the bounds of four mylls next to or about the forsaid burgh, bot that they bring, present and sell thair goods and merchandice which wer used to be sold at the saids kirks, chappells or other places within the bounds abovementioned, to the forsaid burgh and liberties thairof, that they may pay the customs and tolls of the same according to use and wont, under all heest paine to follow thairupon; with power likewise to the burgesses of the said burgh to elect and creat yeerly provest, baillies, thesaurer, dean of gild, councill and other officers and members neidfull, and to make and constitute lawes and statutes for keepeing of good order within the said burgh, as accords; and als the forsaid councill and deane of gild to make and constitute lawes and statutes, with power to them to pack and peill and to buy and sell wax, wyne, cloath, wooll, lining and all other merchandice and staple goods, with certane other priveledges and liberties particularly and generally mentioned in the forsaid charter; wherby his majesties' royall grandfather, abovenominat, gave, granted and disponed to the provost, baillies, councill and communitie of the forsaid burgh and thair successours, all and haill the hospitall and preceptorie of Messendew foundit besyde and neir to the forsaid burgh of Elgine, and right of patronage thairof, with all lands, tenements, annualrents, fermes, proffeits, emoluments and dewties whatsoever perteaneing and belonging to the forsaid hospitall, wherever the same ly within this kingdome, whairof the preceptor and beidmen of the same had possession at any tyme bygone, with power to the saids provest, baillies, councill and communitie of the forsaid burgh and thair successours to bestow the forsaid preceptorie of the hospitall abovementioned to a master apt and fit to teach musick and other liberall arts within the said burgh, who shall be also holden to serve in the offices of the church as they shall think expedient, and to place, imputt and enterteane so many poore in the forsaid hospitall as wes ordained be the first fundation thairef, as the forsaid charter of the date the tuentie tuo day of March 1594 yeers at more lenth proports. And in lyk maner ane other charter granted be his majesties' royall grandfather abovenominat, wnder his hienes' great seall, of the date the fyft day of December 1599, to the provest, baillies, councill and communitie of the forsaid burgh of Elgin and thair successors for ever, of the forsaid hospitall and preceptorie of Messindew and right of patronage thairof, and all and sindrie the lands vnderwritten perteaneing and mortified to the same hospitall, to wit, the arable lands called Messendew, neir the said burgh of Elgin, with the crofts and pertinents thairof; all and haill the touns and lands of over and nether Montbens and haugh of Montbeins; the lands of Cirdells over and nether, [and] the lands of over and nether Pittensyrs, lyeing within the shirreffdome of Elgin and Forres, with all and sindrie few fermes and other rents, caynes, customes and dewties belonging therto, [and] together also with all other lands, tenements, houses, bigings, annualrents, rents, fermes, proffeits, provents, emoluments and dewties whatsumever belonging and perteaning to the forsaid hospitall, wherever the same ly within this kingdome, wherof the preceptor and poore of the same hospitall wer in possession in any tyme bygone, with tennents, tennandries and service of frie tennents thairof, and all thair pertinents, to be used and disposed upon be the saids provest, baillies, councill and community of the said burgh of Elgine in maner exprest in the said charter. And lykwayes ane other charter granted be his majesties' grandfather, abovenamed of blessed memorie, of the date the last day of February 1620 yeers, to the provest, baillies, councill and communitie of the said burgh of Elgine and their successours, ratifieing and approveing the tuo charters aboverehersed, and of new giveing, granting and disponeing to them the hospitall and preceptorie of Messendew abovementioned, with the lands and others particularly and generally abovewritten, to the effect aboverehersed. And siclyk the charter granted be the deceast Archibald Dowglas of Pittendreich to the provest, baillies, councill and communitie of the forsaid burgh and thair successors, dated the tuenty-seventh day of Aprile and [...] 1591 yeers of all and haill the toun and lands of Over Barflethills and haugh thairof, with parts, pendicles and pertinents of the same, lyeing within the forsaid shirreffdome of Elgine and Forres. As also, the charter granted be his majesties' royall father of everlasting memorie to the provest, baillies, councill and community of the said burgh of Elgin and thair successors, dated at Whitehall, the eight day of October 1633 yeers, of the burgh hospitall [and] preceptorie lands of Mostowie, mosses thairof, and all other lands, faires, mercats, harburies, customes, anchorages, liberties, priveledges and others particularly and generally aboveexprest, and at lenth mentioned in the forsaid charter; and siclyk of the lands of Boigsyde, with the milne thairof, milne lands, astricted multers and sequells of the same, lyeing within the barronie of Montbeins and the shirreffdome of Elgin and Forres, [as well as] the lands of Pitcroy, [and] the lands of Dalnapoyt and Smiddie croft, with the milnes, milnelands, multers and sequells thairof, together with the salmond fishing upon the said water of Spey and all and haill that croft of land called the Blackfrier croft, with the land and ground of the yeard which belonged to the Grayfriers of the forsaid burgh, lyeing within the libertie thairof and upon the northside of the same, together also with the maner places, bigings, yeards, orchyeards, milnes, woods, fishings, tennents, tennendries, service of frie tennents, rents, fermes, caynes, proffeits, dueties, parts, pendicles and pertinents whatsumever of the lands, tenements, annualrents and others aboverehersed, and at lenth specified in the forsaid charter, all lyeing within the shirreffdome of Elgin and Forres abovementioned, together with all and sindrie other lands, tenements and others also mentioned in the forsaid charter. [And] with power to the saids provest, baillies, councill and dean of gild to keep courts for administration of justice so oft as neid bies to the inhabitants of the forsaid burgh, and to the tennents and possessors of the lands and others aboverehersed and all others concerned, to create burgesses and constitute clerks and other officers and members of court necessar, and to displace these at thair pleasure and put others in thair places, absents to amerciat, to put delinquents to assyses of unsuspect persones, [as also] transgressors and offenders, to punish conforme to the lawes of the kingdome and the escheats of the forsaid courts and bloodweeds to uplift and apply the same to the common use of the burgh and, so oft as neid bies, to poind and distreinyie thairfor; [and] which charter containes diverse and sindrie other priveledges, liberties and immunities particularly and generally therinmentioned. With power [also] to brooke and joyse the same als freely as the burgesses of any other royall burgh within this kingdome brooked, brooke or may brooke the same; and lykwayes, with power to persew reductions and improbations of all pretendit infeftments, tacks and other writts made to whatsoever other persone or persones of the hospitall and preceptorie abovespecified, lands, annualrents and others belonging thairto, and to keep the haill wayes and passages leading to or goeing fra the forsaid burgh in the old extent and to suffer none to diminish or incroach thairupon, for which end the saids wayes and passages are given and granted to the provest, baillies, councill and communitie of the forsaid burgh be the charter abovespecified. [This] together also with the precepts and sasines following upon the charters respective abovewritten, in all and sindrie poynts, heids, articles and clauses thairin conteined, after the formes and tenors of the same, and declairs, statuts and ordaines that this present generall ratification thairof shall be als good and sufficient in all respects as if the same wer at lenth heirin insert, wherwith his majestie, with advice forsaid, hes dispenced and be thir presents dispences for ever.
[1661/1/135]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes, ane letter of gift made and granted be ane reverend father in God, Johne, bishop of Caithnes, to Thomas Manson, nottar in Dornoch, of the date the elevent day of July 1631 yeers, wherby the said Johne, bishop of Caithnes, made, constitute and ordained the said Thomas Manson commisser clerk of the commissariot within the halff of the dyocie of Caithnes, comprehending thairintill all Sutherland, Strathnaver, Assint and Durrines, dureing all the dayes of his lifetyme, with all casualities, proffeits and dueties perteaning and belonging thairto, with power to the said Thomas Manson, dureing the said space, to make and constitute deputs, ane or mae, under him for whom he should be anserable, and to brooke, joyse, use and exerce the said office of clerkship within the bounds forsaid dureing his said lifetyme, sicklylc and als freely, in all respects, as any other commisser clerk within this realme hes brooked and used the lyk office in any tyme bygone. And in lykmaner, our said soverane lord, with advice and consent forsaid, hes ratified, approven and confirmed and, be thir presents, ratifies, approves and confirmes ane other letter of gift made and granted be ane noble and potent earle Johne, earle of Sutherland, lord Strathnaver etc., to the said Thomas Manson, of the date the threttein day of September 1633 yeers, whairby the said noble earle made, constitute and creat the said Thomas Manson shirreff clerk of the shireffdome of Sutherland, comprehending Sutherland, Strathnaver, Assint and Ferrin Coskarrie, alias Sleshies, dureing all the dayes of his lifetyme (the said noble earle and his aires being shirreffs of Sutherland) with all casualities, proffeits and dueties belonging therto, with power to the said Thomas Manson to make and constitute deputes, ane or mae, under him for whom he shall be ansuerable, and to brook, joyse, vse and exerce the said office of shirreffclerkship, within the bounds forsaid, dureing all the dayes of his said lifetyme (the said noble earle and his forsaids being shirreffs of Sutherland, as said is), siclyk and als freely, in all respects, as any other shirreff clerk within this realme brooked and joysed the lyk office at any tyme bygone; together with the letters of publication thairof raised at the said Thomas Mansone his instance upon the tuenty-fourt of November 1636, and execute the tuelff day of May therafter, in the haill heids, obleidgements, articles, clauses, circumstances and conditions thairof. And our soverane lord, with advice and consent forsaid, wills and grants and, for his hynes and his successours, decernes and ordaines, that this present generall ratification shall be als valeid, effectuall and sufficient to the said Thomas Manson, dureing the space abovespecified, as if the saids tuo letters of gift and publication thairof wer particularly and at lenth set doun and ingrost heirin, wheranent and with all that may be opponed or objected against the validitie thairof, our soverane lord, with advice and consent forsaid, hes dispenced and be thir presents dispences for ever, to the effect the forsaids offices of shirreff and commisser clerkship may be peaceably possest, brooked, joysed, used and exerced be the said Thomas Manson and his saids deputs, for whom he shall be anserable, as said is, dureing his said lifetyme, conforme to his saids lettres of gift and publication thairof in all and be all things, as is particularly thairin exprest but interruption.
[1661/1/136]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, considering that be ane act of the respective presbetries of Elgin and Forres, dated the sext day of May 1657 yeers, the lands and barronie of Mortoun, Haltoun, Longcot, Findorne, Blakstob maines and aikers of Kinlosse, together with that parte of the lands of Westgraing which formerly belonged to the paroche of Rawfart and remanent lands of Kinlosse, within the said paroche, lands of Inchdennie, Woodhead, Windelaw, Newtoun, Litle Earnesyd, that parte of Eastgrange which wes formerlie in the paroche of Raffart, Scolestruk and Burnend, all lyand within the shirreffdomes of Elgine and Forres, are with consent of the haill heritors, for the causes mentioned in the said act, erected in ane new paroche called the paroche of Kinloss, wher ther is a new kirk builded for the ease and accommodation of the heritors within the said paroche, and the saids lands are disjoyned fra the kirk and paroches of Alves and Rafart, respective, and fra all other paroches wherunto the same wer formerlie annexed, and are united and annexed to the paroche of Kinlosse. Lykas, the saids heritors, out of love to so pious and necessary a work have agreed (albeit the bounds of the paroche be small and can hardlie afford it) that the minister serveing the cure at the said kirk should have secured to him and his successours four chalders victuall and three hundreth merks money as a constant modified stipend to be payed out of the free teinds within the said paroche, together with a manse house and gleib and fourty punds yeerly for the communion eliments. And siclyk the saids presbetries, considering that the lands of Alter within the paroche of Dollas are far remot from the paroche kirk of Dollas, and are ill served being fyve myles of mountane and unpassible way thairfor, and for other reasones mentioned in the said act, have disjoyned the saids lands of Alter from the said paroche of Dollas and have annexed the same to the said paroche of Rafart, in maner specified in the said act, whilk by act of the synod of Murray, dated the thrid day of October last bypast, is ratified and approven, and the said synod therby humbly and earnestly entreated the estates of parliament to interpone thair authority therto as to a work most necessary (being the frute of many yeers paines and much conduceing to the honor of God and good of his people[)], as the said act at more lenth proports, and the said kirk of Kinloss is planted with Mr James Wrquhart lawfully presented and admitted for service of the cure at the said kirk. Thairfor, our soverane lord, with advice and consent of his saids estates of parliament, hath ratified and approven and, be thir presents, ratifies and approves the forsaids acts of presbetrie and synod respective, and all other acts made in favors of the said new kirk and paroche of Kinlosse anent the forsaid union and disjunction respective, and all agreements made be the heritors thairanent, and anent the said locall modified stipend, in the haill heids, articles and clauses thairof, and decernes, declaires and ordaines that the forsaid generall ratification is and shall be als sufficient as if the saids acts and agreements wer word be word heirin exprest, wheranent and with all objections that may be proponed against the validitie of the said ratification, our said soverane lord, with advice of his estates of parliament, hes dispenced and be thir presents dispences for ever, and have interponed and be thir presents interpones thair decreit and authority to the forsaid acts and ratification thairof. And in lykmaner, our soverane lord, with advice and consent of his estates of parliament, hath of new erected and be thir presents erects the forsaid kirk and paroche of Kinlosse and disjoynes the forsaids lands and others abovementioned fra the said kirk and paroches of Alves and Rafart respective, and fra all other paroches whairunto they wer annexed of befor, and annexis the same to the said kirk and paroche of Kinlosse, and also for the reasons forsaids dissjoynes the saids lands of Alter fra the said paroche of Dollas, and annexis the same to the kirk of Rafart. And our soverane lord, with advice and consent forsaid, hath ordained and be thir presents ordaines the forsaid four chalder of victuall and three hundreth merks of money and fourty punds for the communion eliments to be the constant, locall, modified stipend of the said new kirk of Kinlosse yeerly in tyme comeing, conforme to the forsaid acts of presbetrie and synod in all points, ordaineing heirby the heritors, fewers, fermourers, lyverenters, tennents, taksmen, possessors and occupyers of the saids lands within the said paroche and others adebted in payment, to readily ansuer, obey and make thankfull payment to the said Mr James Wrwhart and his successours of the forsaid locall, modified stipend of four chalders victuall and three hundreth merks, with fourty pund for communion eliments, at the termes of payment used and wont yeerly and termely in tyme comeing ilk ane of them for thair oune parts thairof, according to the locality and agreement made theranent, and for that effect ordaines letters of horning and poinding to be direct against them at the instance of the said Mr James Wrwhart and his successors, ministers serveing the cure at the said kirk of Kinlosse, upon ane simple charge of ten dayes, in forme as effeirs.
[1661/1/137]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the letters of gift, past under his majesties' privie seall of the date the tuentie-sext of October 1660 yeers, made and granted in favours of Mr Thomas Young, wherby his majestie made, constitute and ordained the said Mr Thomas, dureing all the dayes of his lifetyme, commisser clerk of the commissariot of Berwick, and gave, granted and disponed to him, dureing the space forsaid, the said office with all priveledges, liberties, fies, casualities, proffeits and dewties perteaning and belonging thairto, vacand in his majesties' hands and at his gift and disposition, with full power to the said Mr Thomas Young, dureing the space forsaid, to make, constitute and place deputs and substituts, for whom he shall be holden to anser, and to brooke the forsaid office, use and exerce all priveledges [and] liberties and to uplift all fies, casualities, proffeits and dewties perteaning and belonging thairto, and thairupon the said Mr Thomas Young to dispone at his pleasure, siclyk and als freely in all respects as any other commisser clerk of any other commissariot within this realme hes done in any tyme bygone or may doe in tyme comeing, in the haill heids, tenors and contents thairof. And his majestie, with advice and consent forsaid, decernes this present ratification to be als valeid, effectuall and sufficient to the said Mr Thomas Young for brookeing and joyeing of the said office of commisser clerk, within the bounds forsaid, and uplifting of the fies and casualities therto belonging, as if the said gift wer heirin word be word insert and ingrost, notwithstanding the same be not so done, wherwith his majestie, with consent forsaid, hes dispenced and be thir presents dispences for now and ever.
[1661/1/138]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, considering that King James the fyft, of blessed memorie, be his charter and infeftment of erection under the great seall, dated the sexteinth day of May 1532, for the causes therin specified, did erect the toun of Findorne, therin designed the Seatoun of Kinloss, being four miles distant from any other burgh and being the principall port upon the river of Findorne, lyand within the shirreffdome of Elgin and Forres, in ane frie burgh of barronie in favours of the abbot of Kinloss and his successors, and gave, granted and disponed to the inhabitants of the said burgh, present and to come, full power and libertie to buy and sell wyne and wax, cloath, lining and wollen, both broad and narrow, and all other merchandice, and to have baxters, maltmen, fleshers, fishers and fishmongers and other tradesmen whatsumever within the said burgh belonging to any burgh of barronie, and als with power to them to have frie burgesses therin, and libertie to have and choise baillies and all other officers necessary for governing of the said burgh, and als to have a mercat croce therin with a weekly mercat, to be holden upon Frydday weeklie, and with power to the saids abbots of Kinloss, and thair successors, to set in tack heretablie the said burgh, in haill or in parte, in burrow rudes for building thairupon, to be holden of his majestie in frie burgh of barronie, in maner at lenth specified in the said infeftment of erection of the date abovewritten. And in lykmaner, considering how necesser it is for the increase of policie within this kingdome, and for the better accomodation of strangers resorting to the said burgh of Findorne and landing at the seaport thairof, and others his majesties' leidges and subjects travelling ther that the saids rights and infestments in favours of the said burgh of Findorne, alias Seytoun of Kinloss, be ratified and the same of new erected; thairfor, our said soverane lord, with advice and consent of his estates of parliament, hath ratified, revived, approven and perpetually confirmed and, be thir presents, ratifies, revives, approves and perpetually confirmes the forsaid infeftment of erection made be the said King James the fyft in favours of the said burgh of Findorne, and all other infeftments of erection of the said burgh, to anie of Robert Innes of Muretoun, his predicessors at any tyme bygone preceiding the date heirof, in the haill heids, obleidgements, articles and clauses thairof in favours of the said Robert Innes, now singular successor in the right of the said burgh to the saids abbots of Kinloss, and in favours of the baillies, burgesses and inhabitants of the said burgh of Findorne, called the Seytoun of Kinloss, and ordaines the forsaid generall ratification to be als sufficient as if the saids infestments particularly above rehearsed wer heirin exprest and insert, wheranent and with all that may be objected against the validitie of the said ratification, his majestie, with advice and consent forsaid, hath dispenced and be thir presents dispences for ever, inhibiteing and dischargeing heirby all his majesties' subjects of this realme, of what degrie or qualitie soever, to trouble or molest the said Robert Innes of Muretoun and his successors and baillies, burgesses and inhabitants of the said burgh of Findorne, or thair successors, in keepeing of the said weekly mercat and useing and exerceing of the saids priveledges aboverehersed, in tyme comeing, otherwayes nor be order of law and justice, under all hiest paine and charge that after may follow.
[1661/1/139]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the gift past under his majesties' privy seall, upon the eight day of November 1641, wherby his majestie gave, granted and of new disponed to Robert Forrester, then present commisser of Kirkudbright, and Adam Wat, writter to his majesties' signet, and longest liver of them two successive after others for all the dayes of thair lifetymes, the office of the commissariot of Kirkudbright, within the whole bounds thairof used and wont, with all and sindrie the dewties, proffeits, priveledges and casualities belonging thairto, in als ample forme and maner as the said Robert himselff or any other commisser hath had or shall have their office of commissariot within this kingdome, in any tyme bygone or to come, with power to them to intromet with, uplift and take the fies, proffeits and dewties belonging to the said commissariot, and to exerce the said office dureing thair said lifetymes, in the haill heids, articles and circumstances thairof, declareing this present ratification to be als good and sufficient as if the said gift wer verbatim heirin insert, wherwith his majestie, with advice forsaid, hes dispenced and dispences for ever, and declaires the forsaid gift and this present ratification to be ane valeid right to the said Adam Wat for enjoying, brookeing and exerceing of the said office dureing the space forsaid.
[1661/1/140]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the gift made and granted be the deceast David, bishop of Breichen, of the date the threttie day of March 1634, to and in favours of Mr James Nicolsone, portioner in Kininmonth, advocat, wherby the said David, bishop of Breichen, nominat and presented the said Mr James Nicolsone commisser of the commissariot of Breichen, with the haill priveledges, fies, honours and imunities thairof, siclyk and als freely as any commisser of the said commissariot brooked the same before, with power and libertie be himselff to present clerks, procurator fiscalls and others members of court necessar when the same shall vaike, and to hold courts within any parte of the said jurisdiction dureing all the dayes of his lifetyme, and to doe and exerce all other things belonging to the said office, siclyk and als freely as any other comisser within this kingdome hes done or may doe in tyme comeing, in the haill heids, articles, clauses, circumstances and conditions of the same and after the forme and tenor thairof in all poynts, and our said soverane lord and estates of parliament ordaines this present ratification to be als valeid, sufficient and effectuall as if the forsaid gift wer word be word insert heirintill, wheranent our said soverane lord, with advice forsaid, hes dispenced and be thir presents dispences for ever.
[1661/1/141]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the gift made and granted be Thomas, bishop of Galloway, of the date the thrid day of Agust 1637, to and in favours of Johne Newall, wherby the said Thomas, bishop of Galloway, gave, granted and disponed to the said Johne Newall, dureing all the dayes of his lifetyme, the office of commisser clerkship of the commissariot of Kirkudbright, with all casualities, liberties, proffeits and commodities whatsoever perteaning and belonging therto, with power to brook, joyse, possesse, use and exerce the said office and to intromet with, receave and uplift all fies, dewties and casualities belonging thairto, with all priveledges, prerogatives and pertinents thairof, dureing the space forsaid, with power also to depute and substitute deputs, ane or mae, under him in the said office for whom he shall be anserable, in the haill heids, articles and clauses of the same; and our said soverane lord, with advice and consent forsaid, ordaines this present ratification to be als valeid, effectuall and sufficient as if the forsaid gift wer word be word insert heirintill, wherwith our said soverane lord, with advice and consent forsaid, hes dispenced and be thir presents dispences for now and ever.
[1661/1/142]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the gift of the clerkship of the comissariot of Dumblaine made and granted be Mr Johne Rollo, comisser of Dumblaine, to Henry Blaikwood, sonne to William Blaikwood in Dumblane and notter publict, of the date the sexteinth day of January 1638 yeers, wherby the said Mr Johne Rollo made, constitute and ordained the said Henrie Blaikwood commisser clerk of Dumblaine dureing all the dayes of his lifetyme, to sit with the commisser present and to come wherever he or they shall happin to hold courts, alswell within the said city of Dumblaine as in any other place of the said dyocie, and ther to serve in the said office of commisser clerkship, and to exerce the same in the haill points and circumstances thairof dureing his said lifetyme, with power to the said Hendrie, dureing the said space, to intromet with all and sindrie dewties, fies, casualities, proffeits and emoluments whatsumever perteaneing to the said office, als freely in all respects as any other commisser clerk within this kingdome may doe in the lyk caice, and siclyk gave and granted to him, dureing his said lifetyme, the custodie and keepeing of all registers, alswell of testaments as other registers of the said commissariot of whatsoever nature, and of all warrands that shall be given in to the said registers, alswell be way of testament as registration, and to possesse, brooke and enjoy the said office of commisser clerkship dureing the space forsaid, with the haill priveledges, fies and casualities thairof, als freely as any other commisser clerk possesses the same within this kingdome, in the haill heids, articles and clauses of the same and after the forme and tenor thairof in all points; and our said soverane lord, with advice forsaid, declaires this present ratification to be als valeid and sufficient as if the forsaid gift wer word be word insert heirintill, wherwith our said soverane lord, with advice forsaid, hes dispenced and be thir presents dispences for now and ever.
The lord commissioner continewes the parliament till Frydday at tuo hours in the afternoone, and all summons ut supra.