[1661/1/163]*[print] [email] [cite] [preceding] [following]
The which day the lord comissioner produced a patent under his majesties' great seall making Sir William Bellenden thesaurer deput, which, being read in open parliament, and the estates acknowledgeing his majesties' favor to the said Sir William, the lord comissioner delivered the said patent to the earle of Linlithgow who, in name of the said Sir William, receaved the same upon his knee.
[1661/1/164]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, presentlie conveened be his majesties' speciall authority, takeing to consideration ane supplication given in to them be Sir Thomas Hamilton of Prestoun, makand mention that he had his house of Prestoun brunt and destroyed be the late usurpers in the moneth of October 1650 yeers, and that his charter kist, containing the most parte of his haill writs and evidents, wer in the said house at the said tyme and wer totallie spoyled and destroyed; and therfor, craveing that, conforme to ane former act of parliament dated in March 1651 yeers, ther might be some effectuall course taken for supplieing and makeing up of the defect and deficiency of the saids writts and evidents of his lands and others, as the supplication at more lenth beares. Which being considered, ther wes comission granted to Johne, earle of Loudoun, [...], lord Duffus, Sir James Lockhart of Lie, Sir Peter Wedderburne of Gosfoord, Sir Robert Murray, present provest of Edinburgh, and Johne Bell, late provest of Glasgow, and Sir Archibald Primeroe of Chester, clerk of register and Sir Johne Gilmore of Craigmiller being added to the former persones, and being all members of parliament, to take the premisses to further consideration anent the burneing of the said house, spoyleing and destroying of the saids writts and evidents, and to think and condiscend upon the makeing up and supplieing of the want of the saids writs, and to doe every thing requisite for effectuating thairof and to report thair opinion concerning the same, as the said comission also beares; be vertew whairof the saids comissioners, haveing diverse and sindrie tymes met and conveened, and the said Sir Thomas haveing compeired befor them and produced the particular writs after speit of his lands and others following, which writs wer not in his said charter kist the tyme of the burneing of the said house: viz. ane contract past betuixt the deceast Johne Hamilton of Prestoun on the ane parte and the said Sir Thomas (therby designed Thomas Hamilton of Brotherstanes) on the other parte, of the date the tuentie day of February 1645 yeers, whairby, and for the onerous causes thairin contained, the said deceast Johne Hamilton, heretable proprietar of the lands and others after speit, binds and obleidges him to resigne, renunce and overgive the particular lands and others following viz. All and haill the lands of Prestoun and Prestounpans with the burgh of barronie of Prestoun and frie sea port and harbourie thairof, with all priveledges, liberties, casualities and comodities whatsumever perteaning and belonging to the said burgh and sea port, with the tour, fortalice and maner place of Prestoun, houses, biggings, yeards, orchyeards, milnes, multars, caynes, customes, casualties and dewties, salt pans, coals, coalheughs, tennents, tennendries, service of frie tennents, priveledges, liberties, parts, pendicles and all their pertinents whatsumever; as also all and sindrie the teind sheaves of all and haill the saids lands and barronie of Prestoun and Prestounpans with tofts, crofts, outsets, pairts, pendicles and all thair pertinents, with the priveledge and libertie of ane weekly mercat upon Setterday and of ane frie fair yeerly beginand upon the first day of October and endureing for the first, second and thrid dayes of the same moneth, called St Jeremond's fair in Prestoun, and the tolls and customes of the said weekly mercat and frie fair, all erected and unite in one frie barronie called the barronie of Prestoun lyand within the constabularie of Hadingtoun and shirreffdome of Edinburgh; and siclyk all and haill the said deceast Johne Hamilton his tuentie pund land of old extent of Fingaltoun, with houses, biggings, yeards, fishings, milnes, multers, parts, pendicles and pertinents thairof whatsumever, lyand within the barronie of Mairnes and shirreffdome of Ranfrew; and siclyk, all and haill the said deceast Johne Hamiltoun of Prestoun his lands of Ross, Rosaven, Rospark and Brunthill, with houses, biggings, yeards, parts, pendicles and pertinents thairof, lyand within the barronie of Hamilton and shirreffdome of Lanerick; as als all and haill his lands of Bromehiltoun, extending to ane fyve pund land of old extent, with houses, biggings, woods, yeards, parts, pendicles and pertinents thairof, lyand as said is, and all and haill his fyve pund land of Preistgill, with houses, biggings, yeards, parts, pendicles and pertinents of the same, lyand within the barronie of Evandale and shirreffdome of Lanerick forsaid; [and these] in the hands of the severall superiors thairof and that for new and heretable infeftment to be given of the same in favours of the said deceast Johne Hamilton and of the aires male lawfully to have been procreat of his bodie, whilks failyeing to the said Sir Thomas and Anna Hamilton, sister to the said wmquhile John, then future spous to the said Sir Thomas, and thair aires male, upon the provisions, restrictions and conditions mentioned in the said contract. Lykas, the said deceast Johne therby made and constitute the said Sir Thomas and his forsaids cessioners and assignayes in and to the whole writts and evidents of the saids lands and teinds. Lykas, the said deceast Johne lykwayes therby made and constitute the said Sir Thomas and his forsaids cessioners and assignayes in and to the said deceast Johne his right of the teind sheaves of the lands of Miklekip, and of the mikleland at the end of Langkip and of the lands of Litlekip, Preistgill, Locherwaves, Kirkwood, Thudbank, Dykis and Glengavell, with thair pertinents, lyand within the shirreffdome of Lanerick, and whilk right to the saids lands is be ane tack set be wmwhile Mr James Durhame of Duntarvie to wmquhile Sir Johne Hamilton of Prestoun, goodshir to the said Johne, and to wmquhile Sir James Hamilton of Fingaltoun, father to the said Johne; lykas, he hes right to the prorogation of the said tack by the lords of parliament appointed for plantation of kirks, as the said contract of the date forsaid containing severall clauses and conditions thairinmentioned, and containing prories of resignation for resigneing of the saids lands in the hands of the severall superiors thairof for new infeftment to be given to the said Sir Thomas and his forsaids more fully proports. Lykas, the said Sir Thomas produced ane extract furth of the chancelry of the said wmquhile Johne Hamiltoun his charter of and concerning the forsaids lands and barronie of Prestoun and Prestounpans, with the frie burgh of barronie of Prestoun and frie sea port and harbourie thairof, with all priveledges, liberties and comodities whatsumever perteaning and belonging to the said burgh and sea port, with the said tour, fortalice and maner place of Prestoun and others respective forsaids, which are lyeing within the said constabularie of Hadingtoun and shirreffdome of Edinburgh, and which are holden be the said deceast Johne Hamilton, his authors and predicessours of the king's majestie in maner mentioned in the said charter, together also with the extract of ane sasine extracted furth of the books of the register of sasines keeped at Edinburgh, of the date the tent day of Aprile 1645 yeers, and whilk sasine is of and concerning the forsaids lands mentioned in the said charter and proceids upon ane precept thairinconteined; and als produced ane retour extracted furth of the chancellrie under the subscription of Alexander Jaffray, sumtyme director of the chancellry, of the date the second day of Junij 1647 yeers, beareing the said Sir Thomas Hamilton to be served and retoured air of tailyie and provision in speciall to the said deceast Johne Hamilton in all and haill the forsaids lands, barronies and others respective and particularly abovementioned. Lykas the said Sir Thomas produced ane instrument of sasine under the signe and subscription of Robert Hamilton, notter publict, dated the tent and sexteinth dayes of November 1647 yeers, beirand the said Sir Thomas Hamilton to be infeft and seased in all and haill the forsaids lands of Fingaltoun, with the milne and pertinents thairof, houses, biggings and yeards of the same, lyand within the said shirreffdome of Ranfrew; and siclyk, in all and haill the forsaids lands of Ross, Rosaven, Rospark and Brunthill, with houses, biggings, yeards and pertinents thairof, lyand within the said barronie of Hamilton and shirreffdome of Lanerick; as also in all and haill the saids lands of Broomehiltoun, extending to ane fyve pund land; and als in all and haill the fyve pund land of Preistgill, with the severall houses and pertinents thairof, lyand as said is, and which instrument of sasine proceids upon ane precept direct be the deceast James, duke of Hamilton, superior of the saids lands, and which precept is given be him upon the sight and be vertew of the said retour, and the said sasines are regrat in the generall register of sasines keeped at Edinburgh be wmquhile Mr Francis Hay, deput keeper of the same, upon the eighteinth day of December 1647 yeers, and whilk writs abovewrin the saids comissioners did reid and sie. Lykas, the said Sir Thomas did lead and adduce befor them diverse famous witnesses for proveing of his being in possession of the forsaids lands, barronies, teinds and others respective abovementioned, and for proveing of the burneing of the said house of Prestoun and of the spoileing and destroying of his saids writts and evidents, and anent thair being in the said house at the burneing thairof, and which witnesses, being admitted, receaved, sworne and examined be the saids comissioners theranent, and they haveing considered the samen depositions, they find it sufficiently provin that the said Sir Thomas Hamilton is in possession of the saids lands, barronies, teinds and others abovementioned, and that imediatly after the decease of the said deceast Johne Hamilton of Prestoun, to whom he succeidit as air of tailyie and provision, except so much of the saids lands as wes lyverented be wmquhile Dame Barbara Moore, his mother in law, after whose decease he entered to the possession of her lyverent lands, and also except such portion of the barronie of Prestoun as wes lyverented be Margaret Seatoun, relict of the said deceast Johne, the said Sir Thomas his last predicessour, and als they find it proven that Sir Thomas hes acquired her lyverent right in ano 1650; and in lykmaner the saids comissioners find it sufficiently provin that the said house of Prestoun wes brunt in maner forsaid, and that the said Sir Thomas his charter kist and writts wes in the said house the tyme of the burning thairof, and that the same writts and evidents belonging to the said Sir Thomas, that wer in the saids chists for the tyme, wer totally spoyled and destroyed in maner abovewrin. Lykas, the saids comissioners fand that diverse of the saids witnesses have deponed that they have seen and had in thair hands, at severall tymes befor the burneing of the said house, the said Sir Thomas his severall infeftments and instruments of sasine of his haill lands, teinds and others abovewrin, following upon the said retour wherby he wes served and retoured air of tailyie and provision to the said deceast Johne, his imediat predicessour, with the said deceast Johne and the deceast Sir James Hamilton, his father, and the deceast Sir Johne Hamilton, his goodsir, thair saids then authors and predicessors' writs, rights and securitys of and concerning the forsaids lands and others abovespeit, be the pace of sextie yeers and above. And therfor, and inrespect of the saids writs and adminicles produced be the said Sir Thomas, as said is, for suppliement of the forsaids writs which are not extant, the saids comissioners thair opinion wes that ane act of parliament should be made and granted to and in favours of the said Sir Thomas in maner and to the effect after mentioned, as the said report at more lenth beares. Which, being seen and considered be our said soverane lord and estates of parliament forsaid, they have allowed and approven, lykas they, be the tenor heirof, allowes and approves of the forsaid report in the hail heids, articles, clauses, tenors and contents thairof; lykas our said soverane lord and estates of parliament forsaid finds that the said Sir Thomas his house wes brunt and that his saids writs and evidents wer lost and destroyed, in maner and at the tyme respective forsaid; and therfor, and for supplieing of the want of the saids writs that are not extant, our said soverane lord, with advice and consent of his saids estates of parliament, hes enacted and ordained, lykas they be thir presents enacts and ordaines, that ane signator be past infavours of the said Sir Thomas containing ane de novo damus of and concerning the forsaids lands and barronie of Prestoun and others respective forsaids, whilks are holden be the said Sir Thomas of the king's majestie, conforme to his former holdings thairof, and that the same lands and others forsaids be holden be him in the same maner and for the same reddendo, siclyk and in the same maner as he and his predicessors held the same before. Lykas our said soverane lord, with advice and consent forsaid, hes enacted and ordained that the duke and dutches of Hamilton, his superiors, shall make grant, subscryve and delyver new precepts, charters, infeftments and others to and in favours of the said Sir Thomas, his aires and assignayes, of and concerning the forsaids lands and others above speit which are holden be the said Sir Thomas of the said duke and dutches, and that the same charters, precepts and others forsaids shall be made and granted in such formes and maners as shall be thought most legall, effectuall and sufficient, be the advice of men of law. And als for eveiting of debate that may heirafter fall furth betuixt the said Sir Thomas and his nighbours, our said soverane lord lykwayes enacts and ordaines that the forsaids signators, infeftments and others to be past in favours of the said Sir Thomas shall beare and containe this expresse clause following in the dispositive parte viz, disponeing to him and his forsaids the liberties and priveledges of all comonties, pasturages, mosses, casting of fewall, faill and divot perteaneing to the saids lands and others priveledges, imunities and liberties whairof he and his predicessors, or the tennents and possessors of the saids lands, hes been in possession be the space of fourty yeers in comountie belonging to them, and ordaines all keepers of publict registers to make the same patent to the said Sir Thomas and to extract and give furth to him the extracts of such writts and securitys as he shall find therin, to perteane to him of and concerning the saids lands, and grants warrand for citeing of all persones whatsoever generally and that be messingers of armes and others at the mercat croces whair the saids lands ly, and for citeing of such particular persones† as are out of the cuntrie at the mercat croce of Edinburgh, peir and shore of Leith, upon threescore days warneing, and such as are within the cuntrie upon [...] dayes warneing, to compeir befor the lords of session at the instance of the said Sir Thomas to heir and sie it fund and declared that he hes good and undoubted right to the lands, barronies and others respective abovementioned, and that they neither have nor can pretend any right thairto, with certification that if they doe not compeir and make it evident to the saids lords of session what thair rights are to the saids lands and others forsaids, or any parte thairof, they nor thair aires shall never be heard to lay any clame of right thairto in tyme comeing, notwithstanding decreit be given against them for not compeirance. And becaus the said Sir Thomas did losse, at that tyme and in maner forsaid, all discharges, renunciations and other exonerations whatsomever of bands and other maner of obledgements which he and his predicessors had payed and satisfied, thairfor, our said soverane lord, with advice of the saids estates of parliament, doth heirby likewise give warrand to the saids messingers of armes and others to cite all and whatsoever persones pretending them to have bands, obligations, contracts, sentences, writs and securitys of whatsoever kynd or nature the same be of, wherby they may clame or intend action or execution against the said Sir Thomas or his forsaids and thair estate personall or reall, for whatsumever cause or occasion, preceiding the said yeer 1650 when the saids writs wer spoiled, as said is, chargeing so many of the saids persons as are within this kingdome, either personally or at thair duelling houses or be open proclamation at the mercat croces of the shirreffdomes wher they duell, upon fourty dayes warneing, and so many of them as are furth of this kingdome at the mercate croce of Edinburgh, peir and shore of Leith, upon threscore dayes warning, bringand with them all bands, obligations, contracts, decreits and other writs and securitys whairupon they may find action or execution against the said Sir Thomas or his forsaids for himselff, or as air or executor or successour to any of his predicessours, for payment of whatsomever summs of money, annualrents or other dewties, or for performance of whatsoever deids of what ever nature, quality, date or dates the same be of preceiding the moneth of October 1650 yeers forsaid, and to produce the same writs befor the lords of session, together with ane nott, subscryved be the saids persons, of all actions, pleas or questions whilk they may lay to the charge of the said Sir Thomas, either for himselff or as representing any other of his predicessours preceiding the said moneth and yeer. Lykas it is heirby enacted and ordained that the forsaids citations so to be made in generall shall be als lawfull and sufficient as if the particular persones wer specially condiscendit upon and wer particularly cited, dispensand with the generality forsaid, inrespect of the calamitous condition of the said Sir Thomas, with certification if they failyie, the saids lords of session will find and declare the said Sir Thomas, his aires and executors, to be frie from all action and execution whilk may be clamed or execute against them for the causes forsaids, be whatsumever persons within or without the cuntrie against whom the citations are to be made in maner forsaid; and incaice any of the saids persones shall exhibite and produce befor the saids lords of session any bands, decreits, contracts or others made to thame or thair predicessors be the predicessors of the said Sir Thomas Hamilton, whairupon no action or persute hes been moved or intendit against him or thame not foundit upon writ, and whairof the said Sir Thomas shall alledge a discharge or a renunciation in these caces, the saids lords of session are heirby authorized and ordained to take to thair consideration all defences to be proponed be the said Sir Thomas and his forsaids upon whatsumever renunciations, discharges or other writs whatsumever importing liberation made to him or his forsaids, of whatsumever debt or obleidgement, and if the said Sir Thomas shall make faith that the saids discharges and other forsaids wer amongst his writs and evidents, and wer destroyed the tyme of the burneing of the said house, then the saids lords are, in lykmaner, heirby ordained to take the depositions of whatsoever witnesses the said Sir Thomas shall adduce for proveing of the tenors of the forsaids discharges and other forsaids, albeit ther be no adminicle in writ, and notwithstanding of any objections to be made against the quality of the witnesses, inrespect of afinity or consanguinity, they being of the quality of gentlemen fidei digni et bonae famae. And also remits to the lords of the session to consider of the qualification of witnesses and of the adminicles and presumptions [that] shall be used for proveing the tenor of the saids writts, as they shall find just and fitting; and siclyk if any persone to be summoned, as said is, shall compeir and give in ane nott of their clames or actions to be intendit against the said Sir Thomas and against the which he hes defences foundit upon writ and which is lost and destroyed, whairof he is not able to prove the tenor be witnesses, and yet shall be readie to make faith that he had such writts and that they wer lost and destroyed, as said is, in that cace the saids lords are to proceid in discussing of the saids defences and severall causes with all equity and favour ansuerable to the calamities that the said Sir Thomas hes susteaned throw the burneing of his said house, spoiling and destroying of his saids writts and evidents, as said is. And in lykmaner, our said soverane lord and estates of parliament forsaid, doth heirby authorize and give warrand to the saids lords of session to proceid and goe on in the said mater in maner and to the effect respective abovementioned, and ordaines letters to be direct upon the premisses in forme as effeirs.
[1661/1/165]*[print] [email] [cite] [preceding] [following]
Our soverane lord, takeing to his consideration the many good and faithfull services done to his royall ancestors in former tymes be the familie of Huntley, and that the late George, marques of Huntlie, traceing these loyall paths of his predicessors did, from the begining of these late troubles, give constant testimony of his loyaltie and affection to his majesties' service by a constant adherence thairto, notwithstanding of all the opposition made unto the same, and that his majesties' father, of blessed memorie, haveing in the yeer 1643 and constantly therafter entrusted him with a commission of leiuetennentrie in the north parts of this kingdome, he with all cheerfulnes, duety and loyaltie discharged the same for asserting and vindicateing of his majesties' just power and authority against all such as then joyned or wer in armes against, or without his majesties' order and command, and did continew constantly in his majesties' service, till in the yeer 1647 he wes unfortunately taken and therafter, in the yeer 1649, for his loyaltie and faithfulnes to his majestie, wes most cruelly deprived of his liffe by a publict execution upon pretence of a decreit of forfeitour pronunced against him by those who usurped his majesties' authority in the yeers 1644 and 1645; thairfor his majestie, with advice and consent of his estates of parliament, doth heirby rescind and annull the said pretendit decreit of forfaltour, with all interloquiturs, sentences, decreits or statuts whatsoever of any pretendit parliament or committie keept dureing these troubles and relateing to the same, and declares the same to have been from the begining, and to be in all tyme comeing voyd and null, and that his childreen and grandchildreen may serve themselffs aires and executors respective to him according to the lawes of the kingdome, and peaceably, after the date heirof [and] without processe of law, enter to the possession of his estate and fortune, als fully and freely in all respects as if the said decreit of forfaltour had never been, anything contained therin to the contrary notwithstanding.
[1661/1/166]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majestie, finding that ther wes no law nor lawfull authority for meiting of the pretendit parliaments and committie of estats in the yeer 1649, and that the persones meiting thairin did, without any lawfull warrand and in contempt of his majesties' authority, usurpe the power to themselffs, hath therfor, with advice and consent of his estates of parliament, be their act of the nynt day of February last, rescindit and annulled the saids meitings and all acts or deids done be them or thair warrand, and wheras these usurpers, in a meiting of thair pretendit committie of estates upon the 22 day of May 1649, did presume to pronunce and give out a decreit of forfeiture against Angus McDonald of Largie for his joyning in armes and haveing charge in those forces who, be commission from his majestie, asserted his authority within this kingdome in the yeers 1645, 1646, and 1647 against those who upon specious but false pretences opposed the same, and for many other testimonies of his loyaltie at that tyme by a constant opposition in armes to all who withstood his majesties' authority, and albeit the said pretendit sentence be voyd and null in it selff as given without any lawfull authority, and is accordingly declaired against be the act of parliament abovementioned, yet his majestie, being desireous to witnesse his sense of the loyaltie of his good subjects and of thair sufferings for the same, hath thought fit heirby to declare that as the said pretendit decreit of forfaltour, and all that hes followed therupon, is voyd and null in itselff and so wes from the begining, so his majestie, with advice forsaid, doth heirby rescind all decreits and sentences of any justice courts or other inferior courts against the said Angus McDonald, or his father, wherby for their loyaltie they wer put from the possession of thair estate and fortune, and declares that it is and shall be frie to the said Angus to enter presently, without processe of law, to the possession of his estate and fortune and all other priveledges and immunities belonging to him, as if the said decreit of forfeiture or other decreits and sentences forsaid had never been, any thing contained in any of them to the contrary notwithstanding.
[1661/1/167]*[print] [email] [cite] [preceding] [following]
Forasmuch as Sir Johne Gordoun of Haddo, even from the begining of these troubles did give publict testimony of his loyaltie to his majesties' authority, and in the yeers 1643 and 1644 freely engadged himselff in his majesties' service and joyned in armes with the marques of Huntlie, his majesties' leiutennent in the northern shires of this kingdome, against such who at that tyme did oppose and ryse in armes against his majesties' authority and commands, and in this discharge of his dewty in his majesties' service, being taken prissoner, wes therafter, in the same yeer, forfalted of his liffe, fortune and estate; and his majestie, being obleidged in conscience and honour to have regaird to the sufferings of any of his good subjects for thair faithfulnes and loyaltie to his royall father and his authority, whairof the said Sir Johne Gordoun gave signall testimonys by hazarding all he had for it in his lifetyme and by sealling it with his blood in the end; thairfor his majestie, with advice and consent of his estates of parliament, rescinds, cassis and annulls the pretendit decreit of forfaltour pronunced against him in the yeer 1644, with all acts, interloquiturs, sentences, decreits or statuts whatsoever of any parliaments, committies of estates, commissions, courts or judicatories relateing thairto or following therupon in any sort, and declares the same to have been from the begining, and to be in all tyme comeing, voyd and null, and that his sonne and childreen may serve themselffs aires and executors respective to him according to the lawes of the kingdome, and brooke and enjoy his fortune, estate and means als freely and fully in all respects as if the said decreit of forfaltour, and all that hes followed thairupon, (and whilk now is heirby rescindit and anulled) had never been.
[1661/1/168]*[print] [email] [cite] [preceding] [following]
The estates of parliament, understanding of how great use the sea harbourie and bullwark of Peiterheid hes been for the shelter and security of ships belonging both to natives and strangers, and that the same being latelie, by a violent storme and tempest of the sea, throun doun and demolished, not only hes the trade in these places been therby stopt, bot diverse ships and barks, with thair haill goods, mariners and passengers, have been altogether lost and dround, and the toun of Peiterheid, being inregaird of thair povertie unable to doe any thing as to the repareing of the said harbourie and bullwarke, the estates of parliament are confident that all his majesties' good subjects will cheerfully contribute for repareing of this bullwark and harbourie, so necessary for trade and for the preservation and safety of such as hes occasion to trade that way, doe therfor recommend to all noblemen, gentlemen and burrowes, and to all presbetries and kirk sessions, and all other his majesties' good subjects of what degrie or qualitie so ever, to give and contribute such help and assistance for rebuilding of this bullwark and harbourie as may evidence thair regaird to the publict good of the kingdome and thair tendernes and charity to their fellow subjects tradeing that way, and that they deliver the proportions of their contribution to [...] who is appointed to receave the same.
[1661/1/169]*[print] [email] [cite] [preceding] [following]
Our soverane lord, considering that the toun of Dunce within the shireffdome of Berwick lyes in the midle and most convenient place of the shire wher the leidges may be best accommodat for justice, and that past memorie of man the said toun of Dunce hes been and, by severall infeftments and ratifications thairof in parliament granted to the laird of Aitoun and his predicessours, is declared to be the place wher the shirreffs of the said shire are to keep and hold thair courts, and the mercat croce thairof the place wher all charges and executions are to be used; thairfor, our soverane lord, with advice and consent of the estates of this present parliament, declares the said toun of Dunce to be the ordinary place for holding and keeping the shirreff courts of the said shire, and the mercate croce of the same to be the place at which all citations, charges, denunciations of hornings, compriseings, publications of inhibitions and interdictions, and all other charges and executions whatsumever, which propperly perteanes and are used to be execute at the mercate croce of the heid burghs of any shirreffdome within this kingdome, shall be used and execute in all tyme comeing and that ther shall be no necessity to the leidges to use and execute the saids letters any wher else.
[1661/1/170]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, takeing to their consideration a supplication presented unto them by Robert Rollo, merchant burges of Dundie, and Johne Wilson, merchant ther, shewing that it is of great and generall concernment to the wellfair of this kingdome that merchants be encouraged to bring the trade of fishing to some perfection and, seing immunities are granted to these who are willing to adventure therin and that the supplicants and thair compartners, for the good of the kingdome and encouragement of others, have outreiked bushes for Zetland for fishing and prepareing of whyt and gray fishes, and are readie to make saill, and least the supplicants and thair compartners should be prejudged and impedit by certane Hamburgers and Lubickers who have been in use, in tymes bygone, to ingrosse the inhabitants of that ylland as fishers and thair boats in thair service; and therfor, craveing that the supplicants and thair compairtners might be preferred with boats and fishermen, and to buy the cuntriemen's fish at the ordinary rate, ay and whill thair bushes be loadned and that their oune men may have priveledge to fish with thair oune hooks and lyns in and about the said yle of Zetland and other parts adjacent therto, and that the shirreffs, justices of peace and others whom it concernes might be recommendit to sie the same put in effectuall execution, conforme to their former act made anent the trade of fishing in generall, and the lyk favour granted to others in the lyk caces; and haveing also considered the report of the commissioners of parliament appointed for trade and bills theranent, to whom the said mater wes referred, and finding the desire of the said supplication reasonable; thairfor his majestie, with advice and consent of the saids estates of parliament, hath given and granted and heirby give and grant priveledge of fishing, at the parts and places abovewritten, to the saids supplicants and thair compartners untill the first day of January nextocum, and ordaines them to be preferred to strangers with boats and fishermen, and to the buyeing of the cuntriemens fish at the ordinary rate, ay and whill thair bushes be loadned, and recommends to the shirreffs, justices of peace and others whom it concernes to sie the act and ordinance abovewritten put in effectuall execution conforme to their former acts made anent trade of fishing in generall, and the lyk favours granted to others in the lyk caices, provyding that the saids supplicants carie to Zetland such commodities as wes in use to be imported ther by strangers, and doe not extort the cuntrie people in the sale thairof.
[1661/1/171]*[print] [email] [cite] [preceding] [following]
Anent the supplication and lybell given in and pursued in parliament by George Murray, sonne lawfull to the deceast Patrick, lord Elibank, and cessioner and assignay underwritten constitute be William Murray, his brother, against William, earle of Lothian, shewing that the said William Murray, brother to the supplicant, haveing been in the yeer 1648 imployed in his majesties' service as ane officer under the comand of Williame, then earle of Lanerick, therafter duke of Hamiltoun, he, conforme to and in obedience of the lawes and acts of parliament and to the command of his superior officer, haveing made his levey of ane troup of horse within the locality appointed for that effect, thairafter the haill souldiers being disbanded, and amongst the rest the supplicant's brother's troop, who reteired peaceably to their oune houses with thair horses and armes conforme to the capitulation made at Stirline, whairby assureance wes given that none who wer accessory to that service (provyding they disbanded at the tyme therby appointed) should be anywayes challenged in their persones and estates for or in relation to their engadgement therin, neverthelesse William, earle of Lothian, upon pretext of ane act of the pretendit committie for the tyme dated the verie day after subscryveing of the said capitulation, ordaineing the officers and souldiers who had receaved any horses or money for horses for carieing on the said Engadgement to restore the same or to give bak the money to those who had outreiked the same, expreslie contrare both to the act of parliament and articles of capitulation, haveing thairupon threatned the supplicant's brother for payment of what he had receaved for advanceing of the said levey, he wes necissitat to pay the summe of nyn hundreth merks Scots money as the price of sex horses receaved from the said earle and his tennents in Tiviotdale, whairupon the said earle granted to the supplicant ane ticket of recept and discharge dated the 26 Junij 1649; to the which sume of nyn hundreth merk[s] with the annualrent thairof since the moneth of Junij 1649 and to the said ticket of recept of the same, haill benefite, proffite and commoditie thairof, with all that had followed or might follow thairupon, the said William Murray be his assignation subscryved with his hand of the date the nynt day of March last bypast, for the onerous cause thairin contained, had made and constitute the said supplicant his undoubted cessioner and assignay, which sume his said brother cedent forsaid, haveing been most injustly forced to pay against the standing lawes and articles of capitulation, the same ought now in justice to be refounded to him as cessioner and assignay with the interest thairof since the said moneth of Junij 1649; and therfor, craveing that the said William, earle of Lothian might be decerned to pay to the supplicant, as assignay abovewritten, the forsaid sume of nyn hundreth merks with the bygone interest thairof and in tyme comeing dureing the not payment thairof, as at more lenth is contained in the said supplication. Which supplication, being read in presence of the saids commissioners of parliament appointed for bills and tradeing, to whom the said mater wes refered, the said supplicant, being personally present, who for verefieing of his said lybell produced in thair presence the forsaid discharge and assignation of the dates, tenor and contents abovewritten, and the said William, earle of Lothian, defender, being lawfully summoned to this action oftentymes called and not compeirand personally, bot be ane missive letter direct to the Lord Cochrane, president to the saids commissioners for bills, acquainting him with the forsaid persute and desyreing that he might be declared frie of the annualrent, and that he might have ane compitent tyme allowed to him for payment of the principall summe together with ane information in the cause to the same purpose containing some arguments, both for ane continuation and against the payment of the annualrent, his majestie and estates of parliament, having heard, seen and considered the said supplication or lybell with the forsaid discharge and assignation of the dates, tenor and contents respective abovewritten produced for the pursuer, as said is, with the forsaid missive letter and information produced for the defender in maner abovementioned, with the report of the saids commissioners of parliament appointed for bills given in to them theranent, and being therwith well and ryplie advised, his majestie, with advice and consent of the saids estats of parliament, decernes and ordaines the said William, earle of Lothian to mak payment to the said George Murray, supplicant, as assignay forsaid of the said principall sume of nyn hundreth merks, with the ordinary annualrent thairof since the moneth of Junij 1649 yeers and in tyme comeing, dureing the not payment of the principall sume, becaus the points of the said bill being fund relivant be the saids commissioners, and admitted to the said persewer his probation (after that the said defender wes lawfully summoned to have compeired and defended in the said mater) the said pursuer instantly verefied the said lybell in sua far as wes necessary to infer decreit to be given against the defender, in maner forsaid, be production of the forsaid discharge and assignation and repetition of the forsaid articles of capitulation, and act of the committie of estates of the dates, tenor and contents respective abovewritten, as wes cleirly understood to the saids estates of parliament, inrespect whairof, and that the said defender, neither by his missive letter nor information be way of defence therwith produced, shew any reasonable cause either against the payment of the principall summe or annualrent, they gave their decreit in maner abovewritten, and ordaines letters etc.
[1661/1/172]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, haveing heard, seen and considered a supplication given in to them be Robert Ferguson of Craigdaroch, shewing that the supplicant, having builded a bridge upon the water of Cairn neir the toun of Minnihyve, for the good of passingers, hath mantained the same ever since upon his oune charges, and that drovers to have the benefite of the said bridge doe make a passage throw his grasse for the space of four myles and more and pasture therupon at thair pleasure, to the supplicant and his tennents thair great prejudice; therfor, craveing liberty to exact, for each head of bestiall passing throw the toun of Minihyve, such customes as the saids estates of parliament should be pleased to allow. [This] with ane report given in be the commissioners appointed for trade and bills, shewing that they, after heareing of the said petition, desired the opinion of the noblemen and commissioners for the shires and burghes of Wigtoun and Dumfreis and stewartrie and burgh of Kirkudbright who wer most if not solly concerned therin and that they, haveing returned their opinions that the supplicant ought to have tuelff pennies Scots of every head of bestiall aff all drovers passing throw the toun of Minnihyve, and tuo shilling[s] Scots for every tuentie sheip passing throw the said toun upon returne, of which opinion to the saids comissioners, they conceaved that the said custome ought to be payed to the supplicant conforme to the abovewritten opinion, as the said supplication and report at more lenth beares, and being therwith well and ryply advised, his majestie, with advice and consent of the saids estates of parliament, have approven and heirby approve the forsaid report, and ordaines the said Robert Ferguson, supplicant, to be payed of tuelve pennies Scots for each head of nolt and tuo shilling[s] Scots for everie tuentie sheip passing thorow the said toun of Minniehyve, and empowers him to exact the same accordingly, and the supplicant is heirby ordained to uphold and mantaine the said bridge therwith.
[1661/1/173]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the lord commissioner's grace and estates of parliament, conveened be his majesties' speciall warrand and authority, by Johne Murray of Polmais against Alexander Crafford of Manuelmilne, shewing that the supplicant in the yeer 1648, haveing been ane officer under the deceast Williame, duke of Hamiltoun, and haveing leveyed ane troop of horse out of the locality appointed for that effect, and therafter, conforme to the capitulation made at Stirline, layd doun armes upon assureance that he should not be troubled in his persone nor estate for or in relation to his engadgement in the said service, yet the said Alexander Crafford of Manuelmilne, upon pretext of ane act of the pretendit committie for the tyme, forced the supplicant to pay the sume of three hundreth, fourscore [and] fourtein merks for ane horse put out be him in name of Thomas Rig of Etherny, contrare to the said capitulation and act of parliament wherby he wes warranted to leavie the said troup, conforme to the said Alexander Crafford his recept of the said sume dated the [...] day of December 1648; and therfor, craveing that the said Alexander Crafford, defender, might be ordained to refound and pay bak the forsaid sume to the supplicant, with the interest thairof bygone and in all tyme comeing dureing the not payment of the same, as the said supplication at more lenth beares. The said Johne Murray of Polmais, supplicant, compeiring be [...], his procurator, who produced the forsaid discharge of the date and containing the sume abovewritten, and the said Alexander Crafford, defender, compeiring be [...], his procurator, the saids estates of parliament, having heard, seen and considered the said supplication and discharge abovewritten produced, together with the report underwritten made and given in be the commissioners appointed for trade and bills and they therwith, and with the defences and ansers proponed for either parties in maner after mentioned, being well and ryplie advised, his majestie, with advice and consent of the saids estates of parliament, decernes and ordaines the said Alexander Crafford of Manuellmilne, defender, to mak payment to the said Johne Murray of Polmais, supplicant, of the forsaid sume of three hundreth, fourscore [and] fourtein merks, with the annualrent thairof of all yeers and termes bygone since the date of the said discharge, and yeerly and termely in tyme comeing dureing the not payment of the said principall summe, because the saids commissioners for trade and bills, haveing conveened the said Alexander Crafford befor them, who compeiring personally with his said procurator alledged that he receaved the same only for the use of the said Thomas Rig of Etherny and other heritors within the paroche of Morensyd, and that therfor, he ought not to make restitution nor repetition of the said sume, bot that the supplicant should be remitted to persew the saids heritors for the same, to the which it wes replyed for the said supplicant that the defender, haveing receaved the money from him and given him warrandice at all hands, he could not be holden to persew any others, therfore the defender, having referred to the supplicant's oath that he did not pay all contained in the discharge who, being sworne, deponed that to his best memorie he payed no lesse nor is contained in the same discharge, upon consideration of all which, the saids commissioners conceaved that the said defender should be decerned to pay the aforsaid sume principall and annualrents to the supplicant. Which report, being this day considered be the saids estates of parliament, they approved the same report and gave their decreit in the said mater in maner abovewritten, and ordaines letters of horning on 15 dayes etc.
[1661/1/174]*[print] [email] [cite] [preceding] [following]
The which day Johne, earle of Middletoun, lord Clermont and Fettercarne, his majesties' commissioner, produced and gave in to the estates of parliament a letter direct from the king's majestie unto him, wherof the tenor followes.
Superscryved Charles R[ex],
Right trustie and right well beloved cousing and councellour, wee greet yow weell. Wee did befor our parliament sit doun signifie our pleasure for extending our grace to George Campbell, but upon intimation of the inconveniency of it at that time wee wer willing to respite and now, haveing heard from our chancellour that he was not only frie of complyance, but also concurred in our service since wee wer last in Scotland, wee doe think fit to extend our mercy to him and doe require that he may be pardoned and set at liberty. And so wee bid you heartily fairwell. Given at our court at Whitehall, the 22 day of March 1661/0 and of our reigne the thretteinth yeer.
By his majesties' command, subscribitur Lauderdaill
Which being read in open parliament, and they acknowledgeing his majesties' favour shoune to the said George Campbell, doe ordaine his majesties' letter to be insert in the records of parliament and extracts thairof given to the said George for his security and indemnity, and that he may, without further trouble, enjoy the benefite of his majesties' grace and pardon exprest and extendit to him in his majesties' letter abovewritten, and that he be presently put to liberty and have the freedome and use of his persone and goods as other subjects.
[1661/1/175]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, haveing taken to their consideration a petition presented to them be Mr Patrick Durhame, late minister at Ardnaseir, shewing that he, being provydit dureing all the dayes of his lifetyme to the deanrie of Ross and to fourty bolls of teind victuall with certane customes and silver duety payable to him furth of the teinds of the paroche of Rosemarkie, by the heritors and possessors thairof, which teinds did never belong to the minister of Ardnaseir bot did propperly belong to the petitioner as dean of Rosse whairof he wes in use of payment ever since his presentation to the said deanrie of Rosse, as his decreit produced will testifie, nevertheles the heritors, fewars, lyverentars, possessours and others adebted and in use of payment of the saids teinds, customes and other dueties forsaids, refuises to mak payment to the petitioner thairof these three yeers bygone, untill he get his decreit ratified and ane order to them for payment to him of the same; and therfor, craveing that the said decreit may be ratified in parliament and that further order and warrand may be granted to him for chargeing of the saids heritors, fewers, lyverenters, tennents, possessors and others adebted and in use of payment of the saids teinds, customes and other dueties forth of the said paroche of Rossemarkie belonging to the said deanrie of Rosse to mak payment to the petitioner of the saids teinds, customes and others dueties due and payable to him forth of the said deanrie and paroche forsaid, and that for these three yeers bygone and siclyk yeerly in tyme comeing dureing his lifetyme conforme to his decreit in all points, and that action might be reserved to him for these teinds belonging to the said deanrie intrometted with be the minister of Cromertie to be discust befor the judge ordinar, as accords of the law. And haveing also considered the forsaid decreit and the equity of the cause, thairfor, our soverane lord, with advice and consent of his estates of parliament, decernes and ordaines all and sindrie the heritors, fewers, fermers, lyverentars, tennents, possessors and others adebted and in use of payment of the saids teinds, customes and others dewties furth of the said paroche of Rosemarkie belonging to the said deanrie, to make good and thankfull payment to the said Mr Patrick Durhame of the saids teinds, customes and other dueties due and payable to him furth of the deanrie and paroche forsaid, and that for the saids bygone three yeers restand unpayed to him, as said is, ilk ane of them for their oune parts, and heirby reserves action to him befor the judge ordinar for payment of the saids teinds, customes and others forsaids in tyme comeing against the persones lyable in payment thairof, conforme to the said decreit and als against the minister of Cromertie for repayment and delyverie to him of these teinds belonging to the said deanrie and intrometted with by him, as accords of the law, and ordaines letters of horning on 15 dayes etc.
[1661/1/176]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament presently conveened be his majesties' authority, takeing to their consideration a petition presented to them be Mr William Wishart, minister at Kinneill, shewing that, by order of the honorable committie of estates, his stipend wes sequestrat and he debarred from the uplifting thairof for the necesser intertainment of himselff and his familie; and therfor, craveing that he may [have] letters direct at his instance for charging the heritors of the said paroche to make payment to him of the bygone halff yeer's stipend of the cropt and yeer 1660, and of all bygones restand unpayed; and als haveing considered the report of the comissioners of parliament appointed for bills theranent, to whom the said mater wes referred, decernes and ordaines all and sindrie heritors, fewers, fermours, tennents, taksmen, rentallers, lyverenters, possessors and occupyers and others lyable in payment of the minister's stipend within the said paroche, to make payment to the said Mr William Wischart of the forsaid halff yeer's stipend restand unpayed of the said cropt 1660 yeers, and of all bygone stipend restand awand unpayed by them to him, ilk ane of them proportionally for their oune parts thairof, and that notwithstanding of the sequestration abovementioned, and if neid bies ordaines letters of horning on 15 dayes etc.
[1661/1/177]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, heaveing heard, seen and considered a supplication given in to them be Mr Johne Halyburtoun, minister at Roxburgh, shewing that the supplicant suffered for his accession to the Engadgement in anno 1648 and that he wes debarred fra the exercise of his ministerie till the yeer 1655, and in Agust 1658 he wes called to the kirk of Roxburgh by ane unanimous call, except some few heritors who opposed him by lybells and calumnies as it wes afterwards fund by the synod of the Merse, and that, in compensation of his paines and expences in that pleay, the presbetrie of Kelso did upon the elevent of December last allow to him his stipend from the tyme of his call; and therfor, craveing that the honorable estates of parliament would grant warrand to the supplicant to uplift the said stipend from the tyme of his call. As also, haveing considered the report made and given in be the lords and others commissioners appointed for trade and bills wherby they, upon consideration of the said supplication, conceaved the desire therof should be granted, as the said supplication and report at more lenth beares, his majestie, with advice and consent of his estates of parliament, have approven and aproves the said report and ordaines the said Mr Johne Haliburtoun to be ansered and obeyed of the said stipend from the tyme of his call, and for that effect ordaines Mr Johne Wilkie, collector of the vacand stipends, to mak payment thairof to the supplicant.
[1661/1/178]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the signatour and grant past be his sacred majestie in favours of Johne, now earle of Mar, his aires male and assignayes, wherby his majestie, considering that the said Johne, earle of Mar, his great grandfather, wes by infeftment granted be Henry and Marie, king and quein of Scotland, to him and his forsaids heretablie infeft and seased in the office of governour or captane of the castle of Stirline with the parks, yeards, pasturage, fies, rents, dewties and office of forestrie of the said park, and priveledges belonging thairto; lykas the queen's majestie, with consent of the estates of parliament, did ratifie and approve the forsaid right of the offices and other forsaids be ane act of parliament dated the 16 of Aprile 1567, and conforme thairunto the said office and others forsaids, have been continowally enjoyed and possest be the said earle and his predicessours, with the priveledges thairof, wntill that by the late usurped power in this nation they wer debarred therfra; and therfor, his majestie, being willing to restore the said earle to his former rights thairof, did be his gift dated 25 October last ratifie and of new grant the same to the said earle, his aires male and assignayes forsaid, to be holden be him and his successors blensh of his majestie and his successours, conforme to his old rights thairof, in the haill heads, articles and clauses of the said earle his infeftments and new grant, as said is, dispensing with the not inserting thairof; and his majestie and the estates of parliament, considering the constant loyaltie and fidelity of the said earle of Mar and his predicessors in the said office, and the nature of the first grant made be the said Henry and Marie, king and queen of Scotland, thairfor his majestie, with consent of the saids estates, statuts, ordaines and declares that the said earle of Mar and his forsaids shall in all tyme comeing brooke and enjoy the keeping of the castle of Stirline and others above mentioned, conforme to his saids rights, any thing in the late act of parliament past in favours of his majestie and his successors anent strenths and garisons to the contrary notwithstanding.
[1661/1/179]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, considering that his majesties' dearest goodsir King James the sext, of blessed memorie, be his majesties' confirmation and infeftment under the great seall, dated the sexteinth day of October 1589, hes not only ratified and approven the former infeftments of erection granted be his majesties' predicessors in favours of the burgh of Nairne, bot also hes of new erected the said burgh in ane burgh royall and hes given, granted and disponed to the provest, baillies, councill, communitie and inhabitants of the said burgh and thair successours of the same, the ground, houses and tenements of the same burgh of Nairne, within the haill bounds, marches and meiths thairof used and wont, with all annualrents, burrow fermes and dewties pertaining thairto, with the priveledge of ane mercat croce and ane weeklie mercat to be holden weekly on the Sabboth day, with tuo yeerlie frie fairs to be holden tuise in the yeer, ilk fair be the space of eight dayes, the ane thairof to begin vpon the tuentie fyft day of March, called Our Ladie day in Lentron, and the other upon the penult day of September, called Michaelmes, together with the port and harbour of the said burgh, anchorages, customes and other priveledges of the said port, as also with libertie of yairs within the sea mark, fishing with ane tug net and other liberties, priveledges and casualities mentioned in the said infeftment, to be holden of his majestie in frie burgadge and frie port for ever, for payment of four punds yeerly at Witsunday and Mertymes be equall portions, as the said charter and infeftment of the date forsaid at more lenth proports. As also, considering that by former acts of parliament all mercats are prohibite to be keept on the Lord's day, and that the saids fairs are very useles and unproffitable to the said burgh be reason the laird of Kilravock hes the priveledge of tuo fairs whairof he is in possession, keept upon the same days within three mylls of Nairne, whairvnto all the cuntrie about doth frequentlie resort, so that the burgh of Nairne (albeit inrolled as a frie burgh) have not for the present any mercat or fair at all, notwithstanding that they keep still all meitings of parliament and conventions of burrowes, and pay cess and all other dueties according to thair ability as any other burgh, and have thair tolbuith and prisson house to mantaine and their bridge (which is very usefull for passingers) to uphold, and have no other common good to mantaine the said works but allenerly the custome of the mercats now unproffitable, as said is; thairfor, his majestie, out of his princely care to uphold the antient brughs and incorporations within this kingdome, with advice and consent of his estates of parliament, hes ratified and approven and be thir presents ratifies and approves (with the addition and alteration aftermentioned) the forsaid infeftment, made be his said majesties' dearest goodsir, in favours of the said burgh of Nairne, provest, baillies, councill and communitie of the same and thair successors, and all other infeftments of erection of the said burgh formerly granted to them be any others of his majesties' most royall progenitors, in the haill heids, obleidgements, priveledges, articles and clauses thairof, ordaining the generality forsaid to be als sufficient as if the saids rights and infeftments wer particularly 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 of his estates of parliament forsaid, hes dispensed and be thir presents dispenses for ever; and further our said soverane lord, with advice and consent forsaid, hes changed and heirby changes the forsaid weekly mercat on the Sabboth day and tuo fairs abovewritten appointing and ordaining the same to be keept as followes: videlicet, the said weeklie mercat to be keept on Frydday weekly and the tuo frie faires in the yeer, the ane therof to be keept and begin upon the eight day of February, called the Rude day, and the other upon the tuelff day of July, called St Midian's day, yeerly and ilk yeer in all tyme comeing, ilk ane of the saids fairs to endure be the space of eight dayes, inhibiteing and dischargeing heirby all his majesties' subjects of this realme, of what degrie or quality soever, to trouble and molest the said provest, baillies, councill and community of Nairne or thair successours, in keeping of the saids mercats in tyme comeing; and inregaird the said burgh of Nairne is the heid burgh and is the only burgh of the shirreffdome thairof, and thair is neither tolbuith nor prisson house in any other place of the shire, and that it will tend much to the good of the said toun, and increase of policie within the same, that the shirreff hold his courts constantly therin and the shirreff clerk hold his constant residence within the same, thairfor our said soverane lord, with advice and consent forsaid, ordaines the shirreff of Nairne to hold constantly his courts and services and that the shirreff clerk or his deputs have his residence and duelling within the said burgh in all tyme comeing.
The which day Sir Hew Campbell of Calder, shirreff of the shirreffdome of Nairne and commissioner in this present parliament from the said shire, for himselff and in name of the remanent heritors within the shire, protested that the ratification past in favours of the burgh of Nairne of the liberties and priveledges thairof, containing ane warrand for the shirreff to hold his courts therat in tyme comeing, shall not prejudge the said Sir Hew Campbell or his successors deputs or clerks in the frie exercise of thair office at such tymes and places as he and they shall think fit, in any place within the said shire and as they have been in use to doe in tyme past, nor shall not prejudge any of the remanent heritors within the said shire in thair rights, liberties and priveledges whatsumever due and compitent to them or thair predicessors and authors, nor the rights and priveledges of the respective burghs of barronie within the bounds of the said shire, and therupon asked and tooke instruments.
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Our soverane lord, considering that his majesties' royall father, of glorious memorie, be his charter and infeftment under the great seall of this his antient kingdome, of the date at Oxfoord, the tuenty eight day of November 1642 yeers, gave, granted and disponed to his majesties' trustie cousing Patrick, earle of Panmure, therin designed Patrick Maule of Panmure, and to his aires and assignayes whatsumever heretablie and irredeimably, all and haill the lands, lordship, barronie and regality of Aberbrothock, with the pertinents and others belonging to the late abbacie thairof, comprehending the burgh of barronie and regality of Aberbrothock, with the particular lands, barronies, annualrents, milnes, multers, woods, fishings, patronages, kirks, teinds, maner places, houses, bigings, yeards, orchyeards, annexis, connexis, dependencies, tennents, tenandries, service of frie tennents thairof and others mentioned in the forsaid charter and infeftment, together with the right of nomination of the baillies of Aberbrothock, ane or mae, and place of vote and suffrage for electing of the rest of the baillies, and other office bearers within the burgh of Aberbrothock, with the few and blensh dewties, teind dewties and other dueties, customes and casualities of the forsaids lands, lordship, barronie and regality and diverse other priveledges and liberties, to be holden of his majesties' said royall father and his successors in frie barronie and regality, for payment of the sume of tuo hundreth pund Scots money yeerly, at tuo termes in the yeer Witsunday and Mertimes be equall portions, in maner specified in the forsaid charter and infeftment, which infeftment proceids upon the resignation of the deceast William Murray, one of his majesties' said deceast royall father's bedchalmer, who wes also infeft in the lands, lordship, barronie and others aboverehersed, be vertew of a precept of sasine under the quarter seale proceiding upon a charter under the great seale granted be his majesties' said deceast royall father to the said deceast William Murray therupon, of the date at Whitehall, the fifteinth day of December 1641 yeers; be both of the which charters his majesties' said deceast royall father promeist to ratifie the same charters in parliament and to dissolve and cause dissolve the lands, barronie, regality and others above mentioned from his majesties' croun and patrimonie thairof, to be holden of his majestie and his successors in few ferme and heritage for payment of the dewtie abovespecifiet, as the forsaids charters and infeftments at more lenth proport. Thairfor, our soverane lord, with advice and consent of his estates of parliament, hes ratified and approven and, be thir presents, ratifies and approves the forsaid tuo charters and infeftments and either of them, with the precepts and instruments of sasine following thairupon, in all and sindrie heids, articles, clauses and circumstances thairof, and wills, grants and decernes that this present ratification shall be als valeid, effectuall and sufficient to the said earle of Panmure and his abovewritten as if the forsaids charters, infeftments, precepts and instruments of sasine following therupon and everie one of them wer word be word exprest heirin, albeit the same be not so done; wheranent and with all that may follow therupon, our soverane lord, with advice and consent forsaid, hes dispenced; and als our soverane lord, with advice and consent of his estates of parliament, hes dissolved and, be thir presents, dissolves all and haill the forsaids lands, lordshipe, barronie and regalitie of Aberbrothock, with the pertinents and few maills and few fermes of the same kirks, patronages, teinds, annuelrents, milnes, multers, woods, fishings, tennents, tennendries, service of frie tennents thairof and others respective belonging thairto or annexed to the same, and contained in the forsaids charters and infeftments or either of them, from his majesties' croun and patrimony thairof and from all annexations, annexing the same or any parte thairof thairto, and also from all benefices whatsoever whairunto the same pertained or wes annexed of befor, and gives, grants and dispones the same to the said earle of Panmure and his abovementioned, heretablie and irredeimably, to be holden of his majestie and his successors in few ferme and heritage for payment to his majestie and his successors of the forsaid summe of tuo hundreth punds money abovespecified yeerly at Witsunday and Mertimes be equall portions in name of few ferme, and if neid bies ordaines ane new infeftment to be past heirupon under his majesties' great seall in favours of the said earle of Panmure and his abovementioned, to be holden of his majestie and his successors in few ferme and heritage, as is aboverehairsed. [Though] it is alwayes heirby provided and declared that this present ratification and dissolution, and infeftment to follow heirupon, shall only be extendit to the few maills, few dewties, few fermes, caynes, customes, teinds, teind dewties and other dewties specified in the infeftments granted to the fewers and taksmen of the forsaid lordship, as also to so many of them allenerlie as wer undisponed at the date forsaid of the infeftments granted to the said earle of Panmure and the said deceast William Murray, his author, and that the same nor this present ratification, nor yet the infeftment to follow heirupon, shall nowayes be extendit to the superiorities nor to the right of the regality of the forsaid lordship of Aberbrothock, nor to the right of the lordship or barronie thairof nor burgh of barronie of Aberbrothock, wheranent the said earle of Panmure and his forsaids shall be in the same cace as they wer befor the date of thir presents, and no otherwayes.
The which day Johne Ochterlony, present provest of the burgh of Aberbrothock and commissioner from the same, protested that the ratification past in favours of the earle of Panmure shall not prejudge the said burgh in their rights and priveledges in any maner of way, conforme to their infeftments, rights and securities of the same granted in favours of the provest, baillies, councill and communitie of the said burgh and thair predicessors, and therupon asked and tooke instruments.
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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 successors, perpetually confirmes all and sindrie charters, infeftments, confirmations, rights, titles, securities, letters, writs and evidents, gifts, donations, commodities, liberties, immunities and priveledges made, given, granted and confirmed to the burgh of Invernes and contained in the originall and fundamentall charters granted be our soverane lord's most royall progenitors, kings and queens of Scotland for the tyme, of most glorious memorie, to the forsaid burgh of Invernes, provest, aldermen, baillies, councill, burgesses and community of the same and thair successors of whatsumever formes, tenors, date or contents the same charters, infeftments, confirmations, rights, titles, securities, letters, writs and evidents are, and specially but prejudice of the forsaid generality, our soverane lord, with advice and consent aboverehersed, ratifies, approves and, for his hienes and his successors, perpetually confirmes the charters, infeftments, confirmations, letters, writs, evidents, gifts, donations, commodities, liberties, immunities and priveledges exprest in the same, made, granted and confirmed be our soverane lord's most royall progenitors, of glorious memorie, and namelie be King William, King Alexander, King David and King James the first to the forsaid burgh, provest, aldermen, baillies, councill, burgesses and communitie of the same burgh and thair successors, and likewise, the charter and confirmation made and granted therupon be the deceast King James the fourt, of glorious memorie; as also, the charter made and granted in defence of the divyne worship and ministerie of the word of God, and of the hospitalls, poore, mamed and miserable persones, orphanes and infants destitute of parents within the forsaid burgh, be the deceast Marie, quein of Scots, of glorious memorie, with advice of her secreit councill, to the provest, baillies, councill and communitie of the forsaid burgh and thair successors for ever, of the lands, tenements, houses, biggings, kirks, chaplanries, orchyeards, yeards, aikers, crofts, milnes, fishings, yeerly annualrents, fruits, mansion places, dewties, proffeits, emoluments, kirkyeards, fermes, yeerly almes of the deid and others whatsumever mentioned in the forsaid charter, which is of the date the tuentie one day of Aprile 1567 yeers, and tuenty fyft yeer of the reigne of the said deceast royall Queen Marie. As also, his majestie wills and grants and, for his heighnes and his successors, perpetually decernes and ordaines that the forsaid generalitie shall nowayes hurt nor infer prejudice to the speciality above specified, and that the same speciality shall not be derogative neither shall infer lesion in prejudice of the forsaid generality, and that this his hienes' approbation, ratification and confirmation of the premisses is and shall be, in all tyme comeing, of als great force, strenth and effect, in all respects, to the forsaid burgh of Invernes, provest, baillies, councill, burgesses and communitie of the same and thair successors, as if the forsaids charters, infeftments, confirmations, rights, titles, letters, securities, writs and evidents wer particularly confirmed be our said soverane lord and estates of parliament, and insert and incorporat, and at lenth and word be word ingrost in this present confirmation, notwithstanding that be reason of the pluralitie, longitude and prolixitie of the same they are nowayes incorporat nor insert heirin; wheranent and all other defects whatsoever, our soverane lord, with consent forsaid, for his hienes and his successors, dispenses for ever. And farder, our soverane lord, with consent abovespecified, without lesion, derogation or prejudice of the prior rights, liberties, commodities, immunities, priveledges and others particularly and generally aboverehersed, but in coroboration thairof, of new ratifies and approves the charter and infeftment under the great seale, of the date the first day of January 1591, made and granted be his majesties' royall grandfather King James the sext, of glorious memorie, wherby he set and in few ferme let and, for his hienes and his successors, perpetually confirmed to the provest, baillies, councill, burgesses and communitie of the forsaid burgh of Invernes and their successors for ever, all and haill the samen burgh of Invernes, lands, tenements and commontie thairof, and all and sindrie lands tenements, houses, biggings, kirks, chapells, chaplaneries, orchyeards, temples, yeards, acres, tofts, crofts, milnes, multers, fishings, alswell of salmond as of other fishes and alswell in salt as fresh waters, annualrents, fruits, maners, mansion places, woods, dewties, proffeits, emoluments, kirkyeards, fermes, yeerly almes of the deid, commodities, liberties, immunities and others whatsumever, alswell ecclesiastick as secular, and alswell mentioned in the forsaid charters, infeftments, confirmations, rights, titles, securities, letters, writs, evidents, gifts and donations respectively, and particularly, as generally specified therin, all lying within the forsaid burgh of Invernes, territorie, parochine, commontie and libertie thairof, with all and sindrie their tennents, tennandries and service of frie tennents, fruits, commodities, annexis, connexis, parts, pendicles, priveledges and pertinents; as also, all and sindrie the lands of Drakies and forrest of the same, the lands of Markinsh, with the common pasture of the same pertaining therto, of old called Brugh haugh, lyeing betuixt the mount and the water, together with the wood park betuixt the top of the forsaid mount or hill and the said Burgh haugh; together lykwayes, with all lands of the forsaid burgh of Invernes called the Barnehills, Claypots and Milnefeild, and common lands called the Kers, and the lands called the Carnelawes, boundit and limited as followes: videlicet, begining at the burne called Auldinhemrie, now called the burne of Killoden, entering in the sea at the northeast, which burne ascends to a burne called Auldnacreichie at the southeist, and fra that to ane know called Knocknacreichie, now called Carnemewcarne at the southwest and fra that as the same passes to Glascarnacreich, which marches the barronie of Dalcus at the south and the forsaids lands of Drakies at the north, and fra the said Glascarnacreich northwest to ane well or funtaine called Toberdonich, and even west the brae Brayrinchalten to ane know called Knocknagad at the southwest, and thairfra to ane burne which divyds the Lord Lovat's lands called the Eister Leys and the common lands of the forsaid burgh of Invernes at the west, and as the said burne lineally comes fra the south divyds the lands of Culkebak at the west and the lands of Knockintillill at the eist, and fra then certane march stanes are pottit betuixt the forsaids lands of Culkebak and the common lands of the said burgh of Invernes, and as the same is lineally descending in ane burne called Aldmornick at the north and passing to the sea at the northeist; and siclyk, all and haill the common moore of the forsaid burgh and all and haill the water of Nes and all parts and both sides of the same, betuixt the stone called the Clachnahagage and the sea, with all fishings, alswell of salmond as other fishes, and with all ports, heavens, creiks, priveledges, proffeits and commodities of the forsaid water of Nes, and of, in and upon the same water upon both parts and sides thairof fra the Stare unto the sea wherin the forsaid water runs beside the fishing called the Stell, together with the fishing called Reidpoolle on the westside of the ferrie of Kessok, and with all fishings of salmond and other fishings, and siclyk, with all ports, heavens, creeks, priveledges, proffeits and commodities of the mouth of the forsaid water of Nes, and of, in and upon the same water mouth on both parts and sides thairof, with speciall power, facultie, licence and priveledge to the forsaid burgh of Invernes, provest, baillies, councill and communitie thairof, present and to come, be themselves, their servants and subtennents in all tyme comeing, to begin to fish the forsaid water of Nes with boats and nets yeerly, and ilk yeer the tent day of November, and to mantaine and repair the cruives fra and upon both sides of the water of Nes aboverehersed, conforme to old use and wont, together with priveledge and libertie of thrie kists within the forsaid water wrak as use is, with all the kists, proffeits and commodities thairof; and likewise, all and haill the forsaid firth of Kessock and shoares of the same and landing places upon both parts and sides of the forsaid firth and water of Nes, and with power of ferrieing to and fra upon the said firth and water, be boats or other vessells, whatsumever men, goods, cattell, victuall, timber, paks and all other goods and burdens whatsumever, with all and sindrie proffeits and commodities of the forsaid firth, boats and vessells; and siclyk, all and sindrie the milnes of the forsaid burgh called the King's milnes, multers, sequells, sucken thairof, and with the astricted and dry multers of the castle lands and other lands, which pertained of old to the same milnes bigged upon the forsaid water of Nes, upon the south parte of the castle called Conackhillmilne dimolished and cast doun at command and direction of his majesties' most royall progenitors be the aldermen, baillies, councill and community of the forsaid burgh for the tyme, to the effect that they and thair successors might possesse and injoy the same, with the forsaids astricted multers, for the yeerly payment of sex merks at tuo termes in the yeer Witsunday and Mertymes be equall portions, astricting all cornes that receaves fyre and water within the territorie, libertie or paroche of the forsaid burgh of Invernes, alswell outsukin as insuken, to be brought to the saids milnes allenerlie, and ground thairat, paying thair multers, knaveship and others used and wont, together likewise with power, priveledge and libertie to the forsaid burgh of Invernes, provest, baillies, councill and communitie thairof inhabitants of the same and their successors, of pastureing thair goods, pulling hether and to cast and win fewell, faill, fairnes, peits, divots, turves, lyme, clay, morter, stanes and doeing and exerceing all other things necessar and proffitable to them in and upon whatsumever lands, mountanes and places as the said burgh and inhabitants thairof wer in use in any tyme of befor, and in speciall in and upon the mountaines or hills called Craigfadrick, Caplachmont, Davymount and Bogbane, and to transport and carie the same therfra to the forsaid burgh of Invernes and libertie thairof; and siclyk, with power, priveledge and licence to the samen burgh of Invernes, provest, baillies, councill, communitie and inhabitants thairof, and thair successors and servants, of sailling, passing, returneing, carieing and transporting in boats and other vessells upon the loch of Nes in all the parts thairof, with timber, wood, victualls, fodder, catle, burdings and other necessers whatsumever to the forsaid burgh of Invernes and libertie thairof and thairfra to whatsumever other parte, and siclyk with tuo mercat dayes ilk week, upon Frydday and Saturnday, in the same burgh of Invernes, together also with eight frie fairs eight tymes in the yeer to wit, the first on Palmsunday, the second the sevent day of July, called St Andrew the boyes' fair, which wes holden at the Reidcastle now demolished and casten doun, the thrid fair upon the fifteinth day of Agust called Marie fair, the fourt upon Rude day in harvest called the Ruid fair, the fyft the tent day of November called Martimes fair, which wes holden of old at St Martine's kirk in Ardmenoch now lyeing waste, the sext fair on St Thomas['s] day befor the nativity of our Saviour, called St Thomas['s] fair, the sevent fair the first day of Februare, called Legawreik [and] the eight fair the [...] day of [...] called St Mark's fair, and ilk ane of the saids frie faires to hold be the space of eight dayes, and to intromet with, lift, receave and collect the customes, commodities and tolls of the forsaids eight faires and of the saids weekly mercats, with all and sindrie burrow maills, dewties and small customes of the said burgh of Invernes, and of all touns, villages and streits within the shirreffdome of Invernes, and specially of the tounes of Tain, Rosemarkie, Chanrie, Dornoch, Fersey and Weik in Caithnes, and to apply the samen to the common good of the said burgh of Invernes, and likewise with power, priveledge and libertie to the same burgh of Invernes, provest, baillies, councill, burgesses and communitie thairof and thair successors, that no ship, crear, boat, bark or other vessell comeing within Tarbetnes with wyne, salt, timber, fishes and other merchant wair ought to [not] disloaden or break bulk untill the tyme they come to the forsaid burgh of Invernes that ther they may disloaden and break bulk, as at the first and pryme burgh of the forsaid shirreffdome of Invernes, and in lykmaner with the priveledge, libertie and immunitie of furk, fos, sock, sack, tholl [and] thame, waith vert, wrak [and] wair, vennison, infangtheiff, outfangtheiff, pit and gallowes and of being shirreffs and collonells within the bounds and libertie of the said burgh, as the said charter and infeftment granted be his majesties' deceast grandfather abovenominat, of glorious memorie, to the said burgh of Invernes, containing diverse and sindrie other priveledges, liberties and immunities, at more lenth proports, in all and sindrie heids, articles, clauses, circumstances and conditions of the same, particularly and generally aboverehersed, after the forme and tenor thairof in all poynts. Lykas our soverane lord, with advice and consent of his estates of parliament, wills and grants and, for his hienes and his successors, decernes and ordaines that this present ratification of the charters and other rights particularly and generally abovementioned, and of the priveledges, liberties and immunities particularly and generally abovewritten therin exprest, is and shall be of als great force, strenth and effect for bruikeing and enjoying of the forsaid burgh, with all the liberties, priveledges, immunities, proffeits and casualities particularly and generally abovespecified, as if the forsaids charters and others rights, particularly and generally abovementioned, wer at lenth and word be word ingrost and insert heirin; wheranent and with all other defects and imperfections whatsumever, which may be proponed or alledged against the same rights or any of them or this present ratification thairof, our said soverane lord, with advice and consent forsaid, hes dispensed and dispenses for ever.
The which day Sir George McKenzie of Tarbet, haveing warrand from Colein McKenzie of Ridcastle, protested in his name that the ratification past in favours of the toun of Invernes shall be nowayes prejudiciall or derogatorie to the said Colein McKenzie of Ridcastle his right to the publict fair holden yeerly upon the sevent of July at Newtoun of Ridcastle, or any other thing contained in his rights and infeftments, bot that the same rights and infeftments made, introduced and conceaved in favours of the said Coline and his authors and predicessors of and concerning the said mercat, and others therein contained, shall stand in full force and be valeid in tyme comeing, notwithstanding of the said ratification as if the same had never been past nor granted, and therupon asked and tooke instruments.
The which day Alexander Grahame, commissioner from the burgh of Forterose, protested in name of the said burgh that the ratification past in favours of the burgh of Invernes shall nowayes be prejudiciall to the rights, liberties, freedomes and immunities of the forsaid burgh of Forterose, or any other thing contained in thair rights and infeftments, bot that the same rights and infeftments made, introduced and conceaved in favours of the said burgh of Forterose and thair predicessors, shall stand in full force and be valeid in tyme comeing, notwithstanding of the said ratification as if the same had never been past, and therupon asked and took instruments.
The lyk protestation be Alexander Bayne, commissioner from the burgh of Dingwall, in name of the said burgh against the forsaid ratification.
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Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves to and in favours of George, earle of Linlithgow and his aires male lawfully to be procreat of his bodie, whilks failyeing his nearest and lawfull aires male and of tailyie and assignayes whatsumever, all and whatsumever charters, infeftments, precepts and instruments of sasine, confirmations and others writs and evidents made and granted be his majesties' wmwhile father, of ever blessed memorie, and his royall pedicessours to the said George, earle of Linlithgow and his predicessors, of, upon and concerning the office of constabulrie and keeping of the palace of Linlithgow, lyand within the burgh of Linlithgow and shirreffdome thairof, and all and sindrie the fies, casualities, proffeits and dewties perteaning and belonging to the said office, and the haill parks, peills and loches of the said palace of Linlithgow, meidows, stanks, yeards, orchyeards, parts, pendicles and pertinents whatsumever, all lyand beside the said palace of Linlithgow within the shirreffdome and lordship thairof, and of, upon and concerning all and haill the office of ballierie of all and sindrie his majesties' lands lyand within the said lordship of Linlithgowshire, and upon all and sindrie the tennents and occupyers thairof and the haill fies, casualities, priveledges, commodities, proffeits and dewties perteaning and belonging therto, and siclyk of the office of constabularie and keeping of the castle of Blaknes, and all and sindrie annualrents, fies, proffeits, dueties, priveledges and commodities thairof used and wont, and of the saltpans biggit and to be bigged upon the sea shore within the bounds of the lands of Blaknes, and concerning all and haill the lands of Bonytoun and Blaknes, alswell within as without the sea flood and pertinents thairof, with tennents, tennendries, service of frie tennents, few fermes and dueties thairof perteaning to the keeping of the said castle, lyeing within the shirreffdome of Linlithgow, and with the fishings, fishes and croves of Blaknes within the sea and haill bounds thairof whairof umqhile Alexander, earle of Linlithgow, father to the said George, earle of Linlithgow or any others his predicessours, wer in possession of befor, and specially but prejudice of the forsaid generality the writs and evidents thairof following: videlicit, the charter under his majesties' great seall, with the procuratorie and instrument of resignation whairupon the same proceidit, granted be his majesties' said umqhile father, of ever blessed memorie, to the said George, earle of Linlithgow, therin designed Lord Livingstoun, and to his aires male lawfully to be procreat of his bodie, whilks failyeing to his other aires male and of tailyie and assignayes whatsomever forsaids, heretablie and irredeimablie, of all and haill the said office of constabulrie and keeping of the palace of Linlithgow, with all and sindrie fies, casualities, proffeits and dewties pertaining and belonging to the said office; and of all and haill the forsaids parks, peills and loches of the said palace of Linlithgow, with the meidowes, stanks, yeards, orchyeards, parts, pendicles and pertinents whatsumever, all lyeing as said is; and of all and haill the forsaid office of ballierie of all and sindrie his majesties' lands lyand within the said lordship of Linlithgowshire, and upon all and sindrie the tennents and occupyers thairof, with the haill fies, casualities, priveledges and commodities proffeits and dueties pertaining and belonging thairto; and siclyk, of all and haill the said office of constabulrie and keeping of the forsaid castle of Blaknes, with all and sindrie annualrents, fies, proffeits, dueties, priveledges, commodities and liberties thairof, used and wont, together with the salt pans, biged and to be bigged, upon the sea shore within the bounds of the lands of Blaknes, and of all and haill the forsaids lands of Bonytoun and Blaknes, with the coalls and coallheughs of all and sindrie the samen lands of Bonytoun and Blaknes, alswell within as without the sea flood and pertinents thairof, with tennents, tennandries, service of frie tennents, fewfermes and dueties thairof pertaining to the keeping of the said castle, lyeing within the said shire of Linlithgow and with the forsaids fishings, fishes and croves of Blaknes within the sea and haill bounds thairof whairof the said umqhile Alexander, earle of Linlithgow, or any others his predicessors, wer in possession of befor, to be holden of his majesties' said umqhile father, of blessed memorie, and his successors, in maner and for payment of the dueties contained in the said charter, whilk is of the date at Edinburgh, the fyfth day of December 1642 yeers, together with the precept of sasine following thairupon under the testimoniall of his majesties' great seale and instrument of sasine if any be following thairupon, in the haill heids, articles, clauses, circumstances and conditions thairof whatsumever thairin contained, and after the formes and tenors of the same in all points; and his majestie and the saids estates of parliament declares this present ratification to be als valeid, lawfull, effectuall and sufficient in all respects to the said George, earle of Linlithgow and his forsaids, as if the writs and evidents particularly and generally abovewritten, made and granted to the said earle and his predicessors, upon the premisses, wer all heirin specially and at lenth word be word insert, repeited and particularly ratified heirintill, and as if this present ratification had been granted to them befor the takeing of sasine of the lands and others forsaids, notwithstanding of the sasine if any be alreadie taken of the same; wheranent and anent all other defects and imperfections whatsumever whilks any wayes may be proponed or alledged against the validitie of the saids writs, specially and generally abovespecified, our said soverane lord and his estates of parliament hes dispensed and, be thir presents, dispenses for ever.
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Our soverane lord, with advice and consent of his estates of parliament, be the tenor heirof ratifies and confirmes the letter of gift made and granted be his majesties' royall father, of ever blessed memorie, to and in favours of James, earle of Callander, lord Levingstoun of Almond, and to his aires male and of tailyie under the great seale, of the date the tuenty fourt day of December 1647 yeers, wherby his majesties' royall father, with advice and consent of his thesaurer and thesaurer deput and of the remanent lords of his majesties' exchequer, his hienes'[s] commissioners for the tyme, made, constitute[d] and ordained the said James, earle of Callander, and his aires male and of taillie forsaids, under reversion therin mentioned, shirreffs principalls of his majesties shirreffdome of Stirline and baillies principalls of the lordship of Stirline and baillies principalls in the water of Forth, and gave and granted to the said earle and his forsaids the saids offices, with all jurisdictions, honours, priveledges, dignities, fies, casualities, proffeits and dewties whatsumever belonging and perteaning thairunto, to be exerced, enjoyed and used, and the saids fies, dewties and casualities of the same to be uplifted and receaved be them, siclyk and als freely, in all respects and conditions, as the same have been uplifted and receaved be the now earle of Mar, or his deceased father the earle of Mar, or any other persons whatsumever haveing right to the saids offices in any tyme bygone, with full power to the said James, earle of Callander and his forsaids, to elect, creat and make to be sworne shirreff deputs, ane or mae, of the said shirreffdome of Stirline, baillie deputs of the lordship thairof and baillie deputs in the said water of Forth, when and als oft as they shall think fitting, for whom they shall be ansuerable, and be themselffs or thair saids deputs respective, als oft as neid beis, to affix, affirm, hold and continew courts of the said shirreffdome and baillieries respective within any parte of the bounds belonging to the forsaid shirreffship and baillieries, and for that effect to elect, creat and cause be sworne procurators fiscall, serjants, dempsters and all other necessary members of court, and to receave their oaths with caution for faithfull administration, for whom they shall be ansuerable, and be themselffs and thair saids deputs to proceid and administer justice in all actions and causes compitent to be persued befor the saids judicatories, and to give and pronunce sentence therin and direct precepts and all other execution compitent thairupon, to make repledgeations, serve breives and retour the same, and to intromet with the whole dueties of the saids courts and everie ane thairof, with all rents, fies and casualities perteaning or belonging to the saids offices or any of them, and if neid beis to incarcerate, poind and distreinyie for the same, and generally to doe, use and enjoy all and everie thing in the premisses, siclyk and als freely in all respects as the saids earles of Mar or any others haveing right to the saids offices for the tyme have done, used or enjoyed in any tyme bygone. Together also with the letters of gift made and granted be his majestie to and in favours of the said James, earle of Callander and his forsaids, of the date the tuentie one day of November 1660 yeers last bypast, wherby his majestie, with advice and consent of his hienes['s] heigh thesaurer and thesaurer deput and of the remanent lords of his majesties' exchequer, ordeanes ane letter to be past and exped under his majesties' great seale in due forme to and in favours of the said James, earle of Callander and his forsaids, makand mention of the forsaids letters of gift granted be his majesties' said dearest royall father to and in favours of the said earle of Callander and his forsaids under the great seale of the date abovewritten; therfor his majestie, with advice and consent forsaid, hes therby ratified and approven the forsaids first letters of gift granted be his majesties' said royall father to and in favours of the said earle of Callander and his forsaids of the offices and others abovespecified, in all points and articles thairin contained, after the forme and tenor thairof, and his majestie therby declared the said generall ratification thairof to be als sufficient as if the same wer at lenth insert therintill, bot also his majestie, be the saids last letters of gift, with advice and consent forsaid, made, constitute[d] and ordained the said James, earle of Callander, and his aires male and of tailyie forsaids, under reversion also therinmentioned, shirreffs principalls of the said shirreffdome of Stirline and baillies principall of the said lordship of Stirline and baillies principall in the said water of Forth, and therby of new gave and granted to the said earle of Callander and his forsaids, all and everie one of the saids offices with all jurisdictions, honors, priveledges, dignities, fies, casualities, proffeits and dueties whatsumever forsaids belonging and perteaning to the same, to be exerceised, enjoyed and used, and the saids fies, dewties and casualities of the same to be uplifted and receaved be them, as said is, with full power to the said earle of Callander and his forsaids to doe and exerce every thing anent the saids offices contained in the saids first letters of gift, as in the same tuo letters of gift respective at more lenth is expressed, in all and sindrie the heids, articles, clauses and conditions whatsoever contained in the saids tuo letters of gift, and in either of them respective; and his majestie, with advice and consent forsaid of his estates of parliament, wills and declares that this present ratification is and shall be als valeid, effectuall and sufficient to the said James, earle of Callander and his forsaids, for the brookeing, joyseing and possessing of the offices abovementioned and others particularly aboverehersed, contained in the saids letters of gift conforme to the tenor thairof respective, as if the same tuo letters of gift and either of them wer at lenth word be word insert heirintill; wheranent and with all that may be objected in the contrare, his majestie, with advice and consent forsaid, be thir presents, dispences for ever.
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Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and perpetually confirmes to and in favours of the baillies, councill and community of the burgh of Mussilburgh and thair successors, all and whatsumever charters, infeftments, confirmations, gifts, grants, donations, decreits, sentences, acts of parliament and secreit councill and others writs, evidents, rights, titles and securities whatsumever, made, granted or confirmed be any of the kings or queens of Scotland, governours or regents thairof for the tyme or by thair commissioners, or by the abbots of Dumfermling, or by whatsumever other person or persons, to the forsaid burgh of Mussilburgh, baillies and councill thairof of whatsumever nature, tenor or contents, date or dates the same be of, and but prejudice of the generality forsaid, the charter and infeftment made and granted be his majesties' umqhile father, of eternall memorie, under his majesties' great seall, with advice and consent of William, earle of Mortoun, his majesties' thesaurer, controller and collector principall of his hienes['s] kingdome of Scotland, and of Johne, earle of Traquare, his majesties' deput in the saids offices for the tyme, to and in favours of the saids baillies, councill and community of the said burgh of Mussilburgh and thair successors, of the date the last day of November 1632 yeers, be the which charter and infeftment his majestie hes ratified and approven ane charter made and granted be umqhile Robert, commendator of Dumfermling, with consent of the convent thairof for the tyme, in favours of the saids baillies, councill and communitie and thair successors, of all and haill the said burgh of Mussilburgh, ground and lands thairof, with anchorage, customes and all other priveledges compitent to any burgh of barronie or regalitie be the law of this kingdome; as also his majestie, with consent forsaid, hes of new given, granted and disponed to the said burgh, baillies, communitie and inhabitants thairof all and haill the samen burgh of Mussilburgh, ground and lands thairof within the bounds and limits used and wont, comprehending the touns of Wastpans, Fisherraw, Newbiging and others lyand within the territorie of the said burgh, with power and priveledge to the saids baillies as baillies to his majestie and his successours, to receave resignations and to grant infeftments to the tennents and frieholders within the libertie of the said burgh, and also to enter the aires of the saids frieholders, alswell by breiffs and retours to be direct furth of his majesties' chancellrie, as to cognosse and enter them, be hesp and steple, according to the use and custome of the said burgh, with power also to the saids baillies and thair successors to exact aff everie cart that passes alongs the bridges of Mussilburgh and Maidlands, or betuixt the saids bridges and the sea, the soume of tuo pennies Scots money and, of everie horse load passing the saids wayes, ane pennie money forsaid, and that for sustaineing and upholding of the saids bridges, together with the yeerly dewties and burrow maills of the said burgh within the haill bounds forsaids, and haill liberties and priveledges perteaning to ane burgh of barronie or regality be the lawes of this kingdome, with ports, harbours, anchorages and shoresilver within the haill bounds of the said burgh and territory thairof, to be applied to the reparation of the saids bridges; and with power to creat burgesses sua far as may be compitent to ane burgh of barronie or regality, and with power, likewise, to the saids baillies, councill and community to labour and manure such parts and portions of their commonty as they shall think expedient to the well and utility of the said burgh, with the priveledge of tuo mercat dayes in the week Tuisday and Setterday, with tuo frie faires yeerly, ane thairof at the feist of St James be the space of eight dayes, and the other upon the sixteinth of October yeerly, with the small customes of the saids fairs and mercats [and] with power also to the saids baillies, councill and community to creat and make yeerly at Michaelmes tuo baillies, thesaurer, officers and all other members of court neidfull for administration of justice within the bounds forsaids, and with power to hold heid courts of regality thrise in the yeer, as the said charter and infeftment of the date forsaid at lenth beares, with the precept direct furth of his majesties' chancelrie for giveing sasine to the saids baillies, thesaurer and councill forsaid, conforme to the said charter and the instrument of sasine following therupon; together with ane act of parliament of the date the seventeinth day of November 1641 yeers, wherby the forsaid charter, precept and sasine are ratified and approven in all and sindrie points, heids, articles, clauses, priveledges, circumstances, provisions and conditions mentioned therintill, after the forms and tenors thairof, and wherby his majestie and estates declares and ordaines the forsaid ratification to be als valeid, effectuall and sufficient to the saids baillies, councill and community of the said burgh of Mussilburgh and thair successors, as if the forsaid infeftment wer therin at lenth verbatim ingrost, and that the said infeftment is and shall be good, valeid, effectuall and sufficient rights and securities to the said burgh of Mussilburgh, baillies, council, communitie and inhabitants thairof and thair successors for brookeing, joyseing, useing and possessing, in all tyme comeing, of all and sindrie gifts, liberties, priveledges, imunities and others mentioned and contained in the said infeftment and charter, conforme to the tenor thairof in all points, as the said ratification at lenth beares; and siclyk ane act of the convention of burrowes holden at Stirline upon the thrid of July 1618, wherby the said convention grants and gives their licence and tollerance to the inhabitants of the toun of Mussilburgh and Fisheraw, which shall be actuall, ordinar residenters therin with their houses and families, to resort to the tack of herring, salmond or white fish in all the parts of the realme, and their to pak and peill the same peaceably, untroubled or molested be the said burrowes or their agent for the same, in all and sindrie points, heads, articles, clauses, conditions, tenor and contents of the same conceaved in favours of the said burgh of Mussilburgh, baillies, councill and community thairof and thair successors, and decernes and ordaines the forsaids securitys generally abovementioned, and the said infeftment, precept [of] sasine, ratification and act of burrowes particularly abovespecified, to be good, valeid, effectuall and sufficient rights and securities to the said burgh of Mussilburgh, baillies, councill, community and inhabitants thairof and thair successors for brookeing, joyseing and possessing in all tyme comeing, of all and sindrie gifts, liberties, priveledges, immunities and others mentioned and contained in the saids rights, infeftments, ratification and act conforme to the tenors thairof in all points, notwithstanding of any gift or grant done or past to the contrary if any be, and that this present ratification shall be als valeid, effectuall and sufficient as if the forsaids securities, charter, seasine, ratification and act of convention of burrows, and others particularly and generally abovespecified, wer at lenth and verbatim ingrost heirintill, albeit the same be not so done.
[1661/1/185]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the letter of gift and presentatioun made, given and granted be the deceast James, earle of Annandale, vicount of Annand, lord Murray of Lochmabane, stewart of Fyffe, to and in favours of Robert Thomson, then servitor to the said earle, of the date the second day of October 1649 yeers, makeing, constituteing, createing and ordaining the said Robert Thomson, dureing all the dayes of his lifetyme, clerk of the said stewartrie of Fyffe, then vacand in the said earle his hands, be resignation and dimission made thairof be Johne Lowriestoun, last clerk of the said stewartrie, in the hands of the said noble earle, impowering the said Robert Thomson, dureing the space forsaid, to use and exerce the said office and to create and substitute deputs therin, and to uplift the fies and casualities thairof, siclyk and als freely in all respects as the said Johne Lowriestoun, or any other clerk of the said stewartrie of Fyff, did of before, in the haill heids, articles, clauses, circumstances, effect, substance and contents thairof, and after the forme and tenor of the same in all points, and our said soverane lord, with advice and consent forsaid, wills, decerns and ordaines that this present ratification shall be of als great avale, force, strenth and effect to the said Robert, for brookeing and joyseing be himselff and his deputs of the forsaid office of clerkship of the stewartrie of Fyff, dureing his lyfetyme conforme to the said gift and presentation made be the said umqhile earle of Annandale to him thairupon, as if the same wer word be word ingrost, exprest and insert heirintill; wherwith his majestie, with advice and consent forsaid, hes dispenced and, be thir presents, dispences forever.
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Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the gift of the commissariot of Caithnes granted be the committie of estates to Mr Thomas Murray, advocat, dated the last of Aprile 1650 yeers, and act of ratification following thairupon, by his majestie and estates of parliament upon the threttie day of December 1650 yeers forsaid, in the haill heads and articles thairof, and declaires thir presents to be als valeid and effectuall as if the said gift and ratifications wer at lenth word be word heirin exprest, with full power to the said Mr Thomas Murray, dureing all the dayes of his life tyme, be himselff and his deputs, to hold and fix courts, creat and nominat deputs, substituts, procurators fiscall and other members of court, for whom he shall be ansuerable, and generally to doe all and whatsoever other things be the space forsaid that to the said office of commissariot be the lawes of this kingdome is knoune to apperteane.
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Our soverane lord, with advice and consent of his estates in parliament, ratifies and approves the signatour made and granted be his majestie at Whitehall upon the tuenty sext of September 1660, in favors of Mr Johne Finlay, wherby his majestie ratifies, approves and confirmes the gift granted be Sir James Galloway, now lord Dunkeld, to the said Mr Johne Finlay of the place and office of procurator fiscall of the commissariot of Edinburgh, and ordaines a letter to be made, under his privy seall of Scotland, giveing, granting and disponeing, lykas his majestie gives, grants and dispones the said place and office of procurator fiscall of the commissariot of Edinburgh to the said Mr Johne Finlay, dureing all the dayes of his lifetyme, with the whole fies, proffeits, casualities, emoluments and dewties belonging or that hath been at any tyme heirtofore knoun to apperteane and belong thairto, in the haill heids, articles, clauses and circumstances thairof, and declares and ordaines this present generall ratification to be als valeid and sufficient as if the said signatour wer heirin word be word insert; wherwith his majestie, with advice and consent forsaid, hes dispenced and, be thir presents, dispences for ever, and declares that the said Mr Johne Finlay hes good and undoubted right to the forsaid office, and to enjoy and uplift the fies and casualities belonging thairto, dureing all the dayes of his lifetyme, in maner abovementioned.
[1661/1/188]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that his majestie be his letter of gift, superscrybed at Whitehall, upon the tuenty second day of November 1660 yeers, did make, constitute and appoint Mr George Mckeinzie, advocat, to be assisting to and conjunct with Mr Alexander Colvill, justice deput within the kingdome of Scotland, in the forsaid trust and place and, for his affection and loyaltie, gave and disponed to the said Mr George Mckeinzie the said place and trust of justice deput after the death of the said Mr Alexander Colvill, with all honours, dignities, priveledges, liberties, fies, casualities, proffeits and dewties whatsumever perteaning and belonging, or that shall happin to perteane and belong thairto, siclyk and als freely in all respects as any other justice deput hes enjoyed or lawfullie might enjoy the same in any tyme bygone or to come, as the said gift at more lenth beares; thairfor, our soverane lord and estates of parliament hes ratified and approven and, be thir presents, ratifies and approves the forsaid letter of gift granted to the said Mr George Mckeinzie of the forsaid office of justice deput and conjunct with the said Mr Alexander Colvill, in the haill heids, articles and clauses thairof, and ordaines the forsaid ratification to be als valeid as if the said gift wer de verbo in verbum heirin insert; wherwith his majestie and estates of parliament hes dispenced and, be thir presents, dispences for ever.
[1661/1/189]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and perpetually confirmes to and in favours of the provest, baillies, councill and community of the burgh of Wigtoun and to their successours for ever, all and sindrie charters, gifts, acts, ratifications and others granted to the said burgh of Wigtoun, and to the inhabitants and magistrats thairof, be any of his majesties' most noble progenitors, off all and sindrie thair lands, tenements, milnes, possessions, pettie custome, deanrie and others belonging to the common good of the said burgh, and of the antient liberties, freedomes and immunities of the same, and yeerly and weekly mercats of the said burgh within the haill bounds of thair liberties, in all the heids, tenors, contents, clauses, circumstances and conditions of the same, after the formes and tenors thairof in all points; and his majestie, with advice and consent of the saids estates of parliament, wills and grants and heirby decernes and ordaines that this present confirmation shall be als good, effectuall and sufficient to the said burgh of Wigtoun and to the magistrats and inhabitants thairof for ever, as if all their lands, tenements, milnes, possessions and others together with all the liberties, priveledges, freedomes and immunities of the said burgh, wer heirin particularly at lenth ingrossed and contained, and more specially but prejudice of the generality forsaid, our soverane lord, with advice and consent forsaid, ratifies, approves and confirmes for ever that weekly Thursday mercat of the said burgh from the first of May to the tuenty fyft day of December yeerly, for selling and buying of all sorts of nolt, sheip, wooll, butter, cheise and other the cuntrie commodities within the bounds of their liberties, and lykwayes the weekly Monday mercat of the said burgh for buying and selling of all sorts of victuall such as meall, beir, malt, oats, wheat, ry, beans and pease, alswell growing and to be sold as imported for seall within the bounds of their liberties, and his majestie, with advice and consent forsaid, ratifies, gives and confirmes to the said burgh for ever, for the use of the common good thairof, the whole usuall customes of the said weekly mercats accressing and ariseing or that shall happin to accresse and arise therby, according to use and wont.
[1661/1/190]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, 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, of the date the eight day of December 1571 yeers, wherby his majestie, for the weell and proffeit of the inhabitants of the village of Boudoun, lyand within the lordship and regality of Kelso and shirreffdome of Roxburgh, and of other his majesties' leidges repaireing thairto, and for the better provision of his majesties' subjects in the cuntrey therabout, and als for faithfull and thankfull service done be umqhile Sir Walter Ker of Cesfoord, knight, heretable baillie of the abbacie and regality of Kelso, whairof the said village of Bowden wes a parte, gave and granted heretablie to the inhabitants of the said village of Bowden then present and for the tyme being, the liberty, priveledge, full power and frie licence and speciall mandment of a weekly mercat on Frydday for the selling and buying of fish, flesh, oxen, sheip and all other cattell, wheat, meall, malt, beir and all other victualls, lining and wollen cloath, skins and other merchandice and goods, together with tuo frie fairs yeerly, ane thairof on St Peter's day the tuenty nynth of the moneth of Junij, and the other of them on Ladie Katharine's day the tuentie fyft day of the moneth of November, to be holden and keept within the said villadge of Bouden, and with power to the said umqhile Sir Walter, his aires and assignayes heretable baillies forsaid, to deput and appoint necessar keepers of the saids weekly mercats and yeerly fairs as effeirs, in all and sindrie heids, points, articles and clauses thairin contained, after the forme and tenor of the same in all points, and declairs, statuts and ordains that this present generall ratification thairof is and shall be als good and sufficient, in all respects and to all purposes and intents, to William, earle of Roxburghe, his airs, successors and assignayes now superiors and heretable baillies of the said village of Bowdoun and inhabitants thairof, as if the same charter wer word be word insert heirintill; wheranent his majestie, with advice and consent forsaid, hes dispenced and, be thir presents, dispences for now and ever.
[1661/1/191]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies, approves and confirmes ane signator and grant granted and supersigned be his majestie at Whitehall, the tent day of September 1660 yeers, ordaining ane charter to be made and past under his majesties' great seall of Scotland, ratifieing and approveing and, for his hienes and his successors, perpetually confirmeing in favours of the royall burrowes of Scotland, all and whatsumever charters, infeftments, confirmations, gifts, grants, donations, mortifications, decreits, sentences [and] acts of parliament or secreit councill, conceaved in favours of the saids royall burrowes of Scotland for their generall or particular conventions and other liberties belonging unto them, and all other writs and evidents whatsumever made, granted or conceaved by any of the kings or queens of Scotland, or by the governours or regents thairof for the tyme, or be their commissioners, to and in favours of the saids burghs in relation to the generall or particular conventions aforsaids, in the haill heids, articles, clauses and conditions of the same conceaved in favours of the said royall burrowes, and his majestie willed and declaired that the said generall confirmation is and shall be, in all tyme comeing, of als great force, strenth and effect in all respects to the saids royall burrowes as if all and sindrie the saids infeftments, gifts, dispositions, mortifications, acts, decreits, confirmations and others rights, titles and securities forsaids wer at lenth and word be word insert, ingrossed and confirmed therintill, saifand and reservand alwayes to his majestie and his successors the dewties, rights and services used and wont to be payed and done to his majestie and his progenitors, of blessed memorie, be the saids royall burrowes, together with the forsaid charter appointed to passe under the great seall upon the said signatour, in the haill heids, clauses and conditions thairof, willing, declareing and ordaining thir presents to be als valeid and sufficient as if the said signatour and charter to follow thairupon wer alreadie extendit and past under the great seall, and that the same, together with all and sindrie infeftments, gifts, dispositions, mortifications and other rights, titles and securities forsaids, thairby ratified and approven wer heirin at lenth word be word insert and ingrossed; and his majestie, with advice and consent of his saids estates of parliament, decernes and ordaines the forsaid signatour and charter to passe thairupon with this present confirmation thairof to be ane good and perfyte right to the saids royall burrowes for their generall or particular conventions and other liberties belonging to them granted be his majesties' dearest father, of blessed memorie, King Charles the first, or any others of his royall predicessors, and ordaines his majesties' thesaurers principall and deput and remanent lords of exchequer to passe to the saids royall burrows particular infeftments and grants of their liberties forsaids.
[1661/1/192]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves the charter made and granted be his majestie under his hienes['s] great seall of this kingdome, to his majesties' right trustie cousin and councellour David, earle of Weyms, lord Elcho, and the airs male lawfully procreat or to be procreat of his bodie, which falieing to whatsumever person or persons the said earle of Weymes shall please nominat and destinat to succeid to him in the lands and others under written, at whatsumever tyme of his liffe whither seik or haill or upon his death bed, and failyeing of the forsaid nomination and destination to be made be the said earle of Weyms in his lifetyme, then and in that cace to the said earle of Weymes his nearest and lawfull aires male whatsumever heretablie, off all and sindrie the lands, barronies and others afterspecified, to wit all and sindrie the barronie of Weyms, comprehending the lands and others aftermentioned viz, the lands of Weymshire, with the castle, tour, fortaleice, maner place and maynes thairof, Litlelun, Tullibreck, Camronmylne and haugh, with the parts, pendicles and pertinents of the same, lying within the shirreffdome of Fyffe; all and haill the lands of Westerdron, Hildron with the parts, pendicles and pertinents of the samen, lying within the shirreffdome of Pearth; all and haill the lands of Kinnaird, with tennents, tennandries and service of frie tennents of the same, lying within the forsaid shirreffdome of Pearth; all and haill the touns and harbouries of Weyms erected of old in ane frie burgh of barronie and frie sea port, with the yeerly frie fairs and weekly mercats of the samen burgh of barronie, together withall and sindrie liberties, priveledges, imunities, tolls, customes, anchorages, casualities, dewties and commodities whatsumever perteaning and belonging to the forsaid burgh of barronie, frie fairs and weekly mercats thairof and frie sea port of the same, with all thair pertinents; all and haill the lands of Raith, Pouguild and Glenniston, with tennents, tennendries and service of frie tennents, of all and sindrie the forsaids lands with the pertinents, all lying within the said shirreffdome of Fyffe; all and haill the lands of Elcho with the castle, tour, fortaleice, maner place and mains thairof, houses, bigings, yeards, orchyeards, parts, pendicles and all their pertinents, the lands of Bachabroun with the insh and fishings thairof, the lands of Craigtoun, with parts, pendicles and haill pertinents of the same, lying within the forsaid shirreffdome of Pearth, which are holden and wer holden of old be the said earle of Weymes and his predicessors immediatly of his majestie and his most royall progenitors; all and haill the dominicall lands or mayns of the grange of Elcho, not only comprehending therin the lands of the mains of the grange of Elcho, bot also comprehending therin all and haill these tuenty four aikers of land called the Cotterland of Wester Elcho, with the houses, bigings, yeards, tofts, crofts and haill pertinents pertaining to the saids tuenty four aikers of land, together with the milne and salmond fishing thairof, which wer holden of old of the monastery of Elcho, and siclyk, all and sindrie the teind sheaves and other teinds whatsumever of all and sindrie the forsaids lands and teinds of the mains of Elcho, and of the saids tuenty four aikers of land, milne and fishing which wer holden of old of the forsaid monastery of Elcho, all lyeing within the dyocie of St Andrews and shirreffdome of Pearth abovementioned; and all and haill the office of baillierie of all and haill the lands and possessions whatsumever which pertained of old or may be knoun to perteane to the forsaid monasterie of Elcho, with the litle meidow which lyes contigue with the saids lands of Eister Elcho upon the west parte with the pertinents, together with all and sindrie liberties, priveledges, casualities, proffeits and dewties perteaning and belonging to the forsaid office of baillierie particularly and generallie mentioned, and exprest in the infeftments made to the deceast Sir Johne Weyms of that ilk, knight, great grandfather to the deceast Johne, earle of Weyms that last deceast, which all and sindrie the lands and others abovementioned, are unite and erected in ane haill and frie barronie called the barronie of Weyms; all and haill the barronie of Eister Weymes, comprehending thairin the lands and mayns of Eistweyms, with the tour, fortaleice, maner place, yeards, orchyeards, doucats and pertinents thairof whatsumever, the lands of Kirktoun, the lands of Windieedge, the lands of Harlaw, the toun and lands of Buckheaven and all other parts and pendicles whatsumever of the forsaids lands and barronie of Eistweymes, lyeing within the paroche of Weymes, with milnes, woods, fishings, tennents, tennandries, service of frie tennents thairof, coals, coalheuchs of the same, and with the advocation, donation and right of patronage of the chaplanrie called St Katharine's Chappell situat within the kirk of Weymes; all and haill the lands of Spittall, Cartemoer and Dundonald (except the lands and tennandrie of Glasmonth allenerlie) with tennents, tennandries and service of frie tennents of the same, and all their pertinents lying in the barronie of Lochorshire, which of old wes annexed to the forsaid barronie of Eisterweymes, all lyeing within the said shirreffdome of Fyffe, with speciall and full power and priveledge to the said earle of Weymes and his abovewritten, to win and dig coalls and coallheuchs within the seaflood, within the haill bounds aboverehersed, and als to dig and hold saltpans within any parte of the samyn bounds betuixt the Podlockcraig and the burne of Denburne, as shall seem most expedient to them; as also all and haill the lands of Camron, with the maner place, houses, bigings, yeards, orchyeards, tofts, crofts, outsets, parts, pendicles and pertinents thairof, with coals and coallheuchs of the same and with the corne milne of Cameron, milnelands, multers, sequells and all thair pertinents, lyeing within the stewartrie of Fyff and shirreffdome thairof aboverehersed as for the principall, and lykwayes, of all and haill the lands and barronie of Tillicultrie viz, Balchartie, Drummie, Schanack, Coishmachtane, Columsdavoch, with the corne milne of Cairntoun, with the walkmilne Ellock, Davock and Hervisdavock, the lands of Hiltoun of Tilliecutrie, with the tour, fortaleice, maner place, houses, bigings, yeards, orchyeards, parts, pendicles and thair pertinents whatsumever, lying within the shirreffdome of Clakmanan and that in speciall warrandice and security of the infeftment of warrandice made and granted be the deceast James, lord Colvill that last deceast to Robert Colvill of Cleish, his aires and assignayes heretablie of the forsaids lands and lands of the mains of Eistweymes with the pertinents and in warrandice of the lands of Westercleish with the pertinents, lying within the forsaid shirreffdome of Fyffe, disponed be the said deceast James, lord Colvill to the said Robert Colvill of Cleish and his abovewritten, as the rights and securitys made to them thairupon at more lenth proports, sua that if the said earle of Weymes or his abovespecified shall be troubled or molested in the peaceable possession, brookeing and joyseing of the forsaids lands and barronie of Eistweymes, or any parte thairof, or if the same or any parte thairof shall happin to be evicted fra them be order of law, be vertew of the infeftment of warrandice above mentioned granted to the said Robert Colvill of Cleish, as is above exprest allenerly and no otherwayes, then and in that cace the said earle of Weymes and his abovespecified shall have full and frie regresse, ingresse and accesse in and to the forsaids lands and barronie of Tillicutrie, comprehending thairin the lands, milns and others particularly abovewritten, with thair pertinents proportionally and pro rata coresponding to the forsaid perturbation or eviction ay and whill the said earle of Weyms or his aboverehearsed shall peaceably brook and joyse the forsaids lands and barronie of Eistweyms with the pertinents, without any perturbation or impediment, all unite and incorporate in ane haill and frie barronie called the barronie of Eistweyms; off all and haill the lands of Methill and barronie thairof with the corne and walk milnes of the same, together with the milne lands, sequells and astricted multers pertaineing thairto; off the lands of Hill and Pirny, with annexis, connexis, parts, pendicles and haill pertinents of the same, with coals and coallheuchs of the forsaids lands of Methill, Hill and Pirnie, and of the mayns of Methill, called the kirklands of Methill, and of all and haill the barronie thairof, alswell under the earth as above the same, far and neir in whatsumever parte of the forsaids haill lands respective and barronie of Methill and milne lands thairof, freely and peaceably, when and als oft they shall think fit, to search, dig and work the same, together with the superiority of the lands of Caldcoats and tuo parts of the lands of Litlekilmonks, and lands thairof, tennents, tennandries and service of frie tennents of the same, together with the office of baillierie and keeping of all and haill the water of Levin and loch of the samen water, as it flowes and runs in lenth and bread to the sea, in the haill parts of the forsaid water, with everie nynt fish of salmond taken therin, and haill fies and dewties of the same office used and wont, with full and frie power to keep courts, creat baillies, clerks, serjands and haill remanent members of court according to use and wont, together with the right and title of the patronage of the personage and viccaradge of the kirk of Methill within the dyocie of St Andrews, with the haill proffeits and dewties thairof, lying in the regality of St Andrews and within the forsaid shirreffdome of Fyff; and of all and haill the lands of Locheid, with houses, bigings, coalls, coallheughs, stane and lyme, the loch of the forsaids lands called Lochgellie, fishings thairof, multers, knaveships, tennents, tennandries, service of frie tennents, parts, pendicles and pertinents of the same, lying within the barronie of Westerlochorshire, alias Inshgall, and the forsaid shirreffdome of Fyff, together also with the style, title, honour and degree of dignity of earle of Weyms, with all preeminencies, priveledges and liberties belonging and pertaining thairto, together also with the confirmation, new gift, new erection, change of holding and others exprest in the forsaid charter and specially but prejudice of the said generality, the power and priveledge granted to the said earle of Weyms, at any tyme dureing his lifetyme, whither seik or haill or in his death bed, to name and destinate whatsumever persone or persons he shall think expedient to succeid to him in the haill lands, barronies and others abovementioned (failyeing of airs male lawfully procreat or to be procreat of his oune bodie) and that it shall be leisum to the forsaid persone or persons sua to be named be him to obtaine themselffs served, retoured, infeft and seazed in the same as air or airs of tailyie to him, siclyk as if the forsaids lands and others aboverehearsed wer expreslie provydit to the said persone or persons in the cace abovementioned be way of tailyie; wheranent and anent all lawes and practick of this kingdome made and observed or to be made and observed in the contrare, his majestie, for his hienes and his successors, hes dispenced for ever, as the forsaid charter of the date at Stirling, the tuentie tuo day of July 1651 yeers at more lenth proports; together likewise with the precept and instrument of sasine following thairupon in all and sindrie points, articles and clauses thairin contained, after the forme and tenor of the same, and declares, statuts and ordains that this present generall ratification thairof is and shall be als valeid and sufficient, in all respects, as if the samen wer at lenth insert in this present act of parliament, dispenceing with the not inserting thairof heirin and with all other exceptions and alledgeances of the law that can be proponed or alledged against the validity thairof.
[1661/1/193]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, ratifies and approves ane charter granted be his majesties' umqhile dearest father, of blessed memorie, with consent of the commissioners and of the rest of the lords of his majesties' exchequer, under his majesties' great seall, in favours of the baillies, communitie, councill and burgh of Kirkaldie and thair successors, dated the fyft day of February 1644 yeers, together with the precept and instrument of sasine following thairupon, wherby his majestie, with advice and consent forsaid, hes ratified and approven the donation and mortification made and granted be umqhile King David the second, his majesties' predicessour of worthie memorie, be his letters patent under the great seale in favours of the abbots of Dumfermling for the tyme, with diverse priveledges and immunities at lenth specified in the saids letters patent dated the tuentie fourt day of October, and threttie fourt yeer of the said King David his reigne, whairby the said umqhile King David dotted and mortified his majesties' burgh of Kirkaldie to and in favours of the saids abbots of Dumfermling and thair successors, and be the whilk new charter forsaid his majestie, with consent of the saids commissioners of his majesties' exchequer, hes ratified and approven the indentour made betuixt umqhile Ritchard, commendator of Dumfermling for the tyme and convent thairof upon the ane parte, and the baillies and community of the said burgh of Kirkaldie on the other parte, of the date at Dumfermling, the tuentie day of January 1450, whairby the said commendator and convent of Dumfermling gave, granted and disponed to the saids baillies, community and burgh of Kirkcaldie for the tyme, and to thair successors baillies and community of the said burgh perpetually, and in all tyme thairafter, thair burgh of Kirkcaldie forsaid and port and harborie thairof, with the haill burrow maills of the said burgh and haill small customes of the same, with court plaints and amerciaments thairof, with common paturage in the moore of Kirkaldie and thair pertinents whatsumever, als freely in all and be all things as the burgesses of the burgh of Dumfermling brooked and possest; and lykways be the new charter forsaid, his majestie, with consent forsaid, hes ratified and approven all other rights and securities whatsumever made and granted be the said umqhile King David the second, or be any others [of] his majesties' predicessors, of worthy memorie, in favours of the said burgh of Kirkaldie, councill and community thairof, and of the said burgh, port and harbourie of the same, burrowmaills, liberties, commodities, powers, priveledges, anchorages and others customes whatsumever used and wont perteaning to the said burgh, and whairof they have been in possession at any tyme bygone of whatsumever dates, tenor and contents the same rights and securities be of, in the haill heids, clauses, articles, conditions and circumstances of the same. And his majestie hes willed and declaired and for his hienes and his successors, with advice and consent forsaid, decerned and ordained the forsaid charter of confirmation now ratified heirby to be als valeid and effectuall to the saids baillies, councill and community of the said burgh of Kirkcaldie, and thair successors in all tyme comeing, as if the forsaids donations, indentour and others rights and securitys abovewritten had been verbatim insert in the forsaid charter of confirmation; wheranent his majestie, with advice and consent forsaid, hes be the tenor of the said charter dispenced perpetually. Lykas his majestie, with advice and consent forsaid, be the forsaid charter hes of new erected the forsaid burgh of Kirkcaldie in ane frie burgh royall, and hes given, granted, disponed and confirmed, for his majestie and his successors, perpetually to the saids baillies, councill and community of the said burgh of Kirkcaldie, now present and to thair successors in all tyme comeing, all and haill the said burgh of Kirkcaldie, haill ground and lands thairof within the haill bounds and limits of the same used and wont, with court plaint, blood, bloodweit, wrack [and] wair, pit and gallows, and with all and sindrie burrow maills and others dewties of the said burgh, with the small customes, tolls, staillings, courts and amerciaments therof, with the burrow aikers and common mure, mosse and moorelands with the territorie of Kirkcaldie and others rights and pertinents whatsumever belonging thairto, with the forsaid port and heavening places of the said burgh, and siclyk all and sindrie liberties, commodities, faculties, powers, priveledges, immunities, easments and pertinents whatsumever, whilks in any tyme may be dignossed to perteane to ane frie burgh royall, port, harbourie and heavening place within this kingdome, or whilk, be the lawes and conswetude of the same, may be dignosced to apperteane thairto; with power to the said burgh to have and hold, within the same, ane mercat croce and mercat day weekly with four frie fairs to be holden yeerly in all tyme comeing at the tymes and in maner specified in the said charter, [and] with power also to the saids baillies, councill and community then present, and to thair successors in all tyme cuming, to elect, create, make and constitute ane provest, baillies, dean of gild, thesaurer and all other members within the said burgh at Michaelmes yeerly, for administration of justice and governing of the said burgh, and to affix, affirme, hold and continew burrow courts, as is usuall in other frie burghs royall, als oft as occasion shall require, [with] clerks, serjands, dempsters, officers and others members of court necessar to make, create and constitute, delinquents to punish according to the lawes of this kingdome, absents to amerciat and the amerciaments and escheits of court, with the imposition of frie burgesses, small customes of the said burgh, and the customes of the saids frie mercats and fairs and others dewties and casualities whilk shall offer and fall out, to receave, uptak, dispose upon and appropriat to the common use and proffeit of the said burgh and, if neid bies, to poind and distreinyie for the same and to make lawes and constitutions within the said burgh and territories thairof for good ordour within the same, and with power to attach, amerciat, areist and punish all transgressours and delinquents within the said burgh and liberties thairof, according to the lawes of this kingdome. And be the whilk charter forsaid, his majestie, with advice and consent forsaid, gave, granted, disponed and confirmed, for his majestie and his successors perpetually in tyme comeing, to the saids baillies, councill and communitie of the said burgh, all and sindrie ports and heavening places of the said burgh and liberties thairof, either alreadie bigged or whilks shall happin heirafter to be builded within the bounds and territorie of the same, with all priveledges of frie port and heavening place; lykas his majestie gave, granted and disponed to the said burgh all small customes, shore silver, anchoradges and other dewties of the said port and harborie, with power to use, possesse and exerce the same and generally all other things to doe, use and exerce anent the premisses, als freely and in the same maner in all respects as any other burgh royall, port and harbourie within this kingdome have brooked and possest at any tyme bygone, as the forsaid charter of confirmation containeing the said new gift and erection of the date abovewritten, in it selff at more lenth proports.
Lykas, our said soverane lord, with advice and consent abovewritten, ratifies and approves ane act of exchequer of the date the fyft day of February 1644 yeers, whairby the commissioners and lords of exchequer, haveing considered the signatour presentit unto them and superscryved be his majesties' umqhile dearest father, bearing date at his court of Whitehall, the nynteinth day of February 1636 yeers, of the selff same tenor and contents as is abovewritten, wherby his majestie confirmed the forsaids indentours, gifts, donations and other rights forsaids in favours of the said burgh of Kirkcaldie, and of new erected the same in ane frie burgh royall, with the haill, liberties and priveledges abovementioned, and inrespect of the change and alteration of his majesties' thesaurer principall and depute since the date of the said first signatour, the saids commissioners and lords of exchequer, be their act of the date forsaid, ordained the forsaid new signatour and charter to be past and exped his majesties' exchequer and sealls, in the name and with consent of the commissioners and lords of exchequer then in office, and that in place of the forsaid first signatour supersigned be his majesties' sacred hand in the said yeer of God 1636 and docked be umqhile Williame, earle of Stirling, then secretarie to his majestie, and whilk first signatour forsaid by the said act of exchequer wes ordained to be keept in retentis in exchequer for the saids commissioners and lords of exchequer then in office, thair warrand for passing of the said new signatour and chartour of the same tenor dated the fyft day of February 1644 yeers; and siclyk his majestie, with advice and consent forsaid, ratifies and approves the right, disposition and procuratorie of resignation after mentioned, made and granted be his majesties' right traist cousine and councillour Charles, earle of Dumfermling, lord Fyvie and Wrquhard, heretable baillie of the lordship and regality of Dumfermling,† to and in favours of the magistrats and councill of the said burgh of Kirkcaldie then present, and to their successors perpetually in all tyme comeing, of the date the tuenty fourt day of February 1644 yeers, whairby the said Charles, earle of Dumfermling hes sauld, annalied, renunced and disponed in favours of the saids magistrats of the said burgh of Kirkcaldie then present, and to thair successours perpetually in all tyme comeing, all right, title and priveledge of justiciary, baillierie and admirality, with the said earle his right of baillierie of the said regality and bloods within the said burgh, and all other jurisdictions within the same burgh and bounds thairof, territorie, sea ports apperteaning thairto, sua far as is competent or may be competent to the said earle, his aires and successors, be vertew of the saids offices of baillierie and admirality and justiciary or any of them, and whilks the said earle and his forsaids may any wayes clame or pretend thairto within the haill bounds of the territory and liberty of the said burgh, sea port and harbourie of the same, together with all clame of right or jurisdiction whilk the said earle or his forsaids, or thair baillie deputs, admirall deputs or justiciary deputs may have or clame thairto, from the date forsaid of the said disposition or since thair possession of the samen, together with the haill benefite of all bloods, amerciaments of courts, other proffeits, priveledges, casualities and emoluments whatsumever whilk may apperteane to the said earle or his forsaids as heretable baillies, justiciars or admiralls within the bounds, territorie or seaports of the said burgh of Kirkcaldie, of whatsumever persone or persones resideing within the said burgh, territories and liberties thairof forsaids, and whairby the said earle of Dumfermling made and constitute the then present baillies, magistrats and councill of the said burgh, and thair forsaids in all tymecomeing, the said earle and his forsaids thair undoubted and irrevocable baillie deputs, admirall deputs and justiciary deputs within the haill bounds, territories, sea port and liberties of the said burgh of Kirkcaldie, as the forsaid disposition containing ane procuratorie of resignation with sindrie other clauses and priveledges thairin exprest, in itselff more fully proports. And siclyk his majestie, with advice and consent forsaid, ratifies and perpetually confirmes all rights made to the said Charles, earle of Dumfermling, his authors and predicessors, of and concerning the forsaids offices of heretable baillierie, admirality and justiciarie of the said lordship and regality of Dumfermling, in so far as may be extendit to the baillierie, justiciary or admirality within the bounds, territorie, sea port and libertie of the said burgh of Kirkcaldie disponed and renunced be the said earle in favours of the said burgh, in maner abovementioned, and in so far as the saids rights made in favours of the said earle and his forsaids may fortifie and strenthen the right and disposition abovewritten granted be him in favours of the said burgh of Kirkcaldie, in maner thairin contained; and siclyk his majestie, with advice and consent abovewritten, ratifies and approves ane right made and granted be umqhile Lodoveick, duke of Lennox, great admirall of Scotland, in favours of Quein Anna, his majesties' dearest grandmother, and the aires lawfully then procreat or to have been procreat betuixt her and his majesties' umqhile dearest goodsir King James the sext, of ever blessed memorie, her husband, whilks failyeing to his majesties' said umqhile dearest goodsir his aires whatsumever of the date the tuentie fourt day of December 1612 yeers, registrat in the books of councill and session upon the fourteinth day of January 1613, wherby the said Lodoveik, duke of Lennox, for him, his aires and successors admiralls of Scotland, acknowledged, ratified, approved and confirmed his majesties' said umqhile grandmother and her forsaids thair right, tytle and possession of all ships and seawrack, accidents and casualities of all lands, seas, waters and others perteaning to the said lordship of Dumfermling, bordering, marcheing and confyning with the lands thairof wherever the same lye within this kingdome, upon both sides of the water of Forth, and whairby he declaired the saids shipwraks, seawraks, accidents and casualities nowayes to apperteane to the said admirality bot to belong in proppertie to his majesties' said wmquhile dearest grandmother and her forsaids, and to her heritable baillies of the said regality as propper parts and pertinents of the patrimony of the said lordship thair office and jurisdiction of baillierie and justiciary thairof, and that he had no priveledge nor jurisdiction upon any of the inhabitants of the said regalitie nor upon no persone arriveing or making thair residence within the same, and whairby the said duke of Lennox renunced the said casualities, shipwraks, seawraks, accidents and jurisdictions fra him and his forsaids to his majesties' said umqhile dearest grandmother and her forsaids, and to thair heretable baillies and justiciaries, with all right, title, enteresse, proppertie or possession they had or any wayes might have had or pretend thairto, and whairby he discharged all and sindrie his admirall, deputs, his and thair officers and serjands then present and to come, of all attacheing, areisting, calling, troubleing, persewing or in any wayes proceiding against any of the persons duelling, makeing residence, repareing, arriveing or inhabiteing the said lordship and regality or any parte or heaven thairof, bigged or to be bigged, and of all medling and intrometing with any of the shipwraks, sea or freshwaterwraks, accidents or casualities, within the said regality, seas or waters limitateing or confyning thairwith, and of all proffeits and jurisdictions in that parte for now and ever; and in lykmaner, his majestie, with advice and consent forsaid, ratifies and approves ane charter granted to and in favours of the said burgh of Kirkcaldie under the great seale, beareing date the tuenty seventh day of May 1650 yeers, giveing and disponeing to the magistrats and councill of the said burgh of Kirkcaldie, and thair successors magistrats and councill of the said burgh for ever, the office of baillierie of the regality of Dumfermling, with the saids offices of justiciary and admirality pertaining thairto within the saids bounds, burgh of Kirkcaldie, territories of the samen and haill ports, heavens and harbours perteaning thairto, with diverse and sindrie priveledges, liberties, casualities and others particularly and generally thairinspecified pertaining and belonging to the saids offices, proceiding upon the resignation of the said Charles, earle of Dumfermling etc. and containeing also thairin ane confirmation of the forsaid right made and granted be the said duke of Lennox to his majesties' said umqhile grandmother of the said admirality, and of the rights of the saids offices of baillierie, justiciary and admirality made to the said earle of Dumfermling be his majesties' said umqhile father, of blessed memorie, and ane novo damus of the saids offices and ane union thairof to the said burgh of Kirkcaldie and the former priveledges and liberties perteaneing thairto to remaine unseperable as ane parte of the said burgh and patrimony thairof for ever, as in the said charter at more lenth is contained, with the precept of sasine following thairupon and instrument of sasine given conforme therto, dated the tuentie thrid day of Agust 1650 yeers forsaid.
Whilks charters, infeftments, dispositions, precepts and instrument of sasine, act of exchequer and other evidents, writs and rights particularly and generally abovewritten, together with tuo severall former acts of parliament ratifieing the same, beareing date at Edinburgh, the tuenty nynt day of July 1644 yeers, his majestie, with advice and consent of his saids estates of parliament, ratifies, approves and perpetually confirmes in the haill heids, articles, clauses, circumstances and conditions thairof, in all and be all things in forme and maner as is thairin exprest, and decernes, declares and ordaines this present ratification and confirmation thairof to be als valeid, effectuall and sufficient as if the same wer particularly set doun and verbatim ingrost heirintill; wheranent and with all other defects and imperfections whatsumever that can or may be alledged or objected against the saids charters, infeftments and other evidents and writs particularly and generally abovewritten, or against this present ratification and confirmation thairof, his majestie, with advice and consent forsaid, hes dispensed and heirby dispences forever.
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Commission to Sir Johne Sinclair of Havinestoun, Mr Alexander Hay of Baro, Francis Hepburne of Bonietoun, Mr Johne Butter of Kirkland, Thomas Halyburtoun of Inchkairne, William Seatoun, provest of Hadingtoun, and Patrick Young, baillie ther, or any three of them, for judgeing of Elspeth Tailyeour in Samuelstoun, Margaret Bartleman, ther, Marion Whyt, ther, and Jonnet Kerfrae, ther, persons guilty of the abhominable sin of witchcraft, and apprehendit and incarcerate therfore, as also for trying of Christine Deans and Agnes Williamsone, who are dilate and suspect of the said cryme.
The forme of the commission is registrat as it will be found in ane other of the lyk nature upon the thrid of May following.
Recommendation in favours of Mr Johne Forbes, minister, to the lords of his majesties' privy councill for his sufferings and appointing him fiftie pund sterline out of the readiest of the vacand stipends of the kirk of Tarves.
The lord commissioner continewes the parliament till Frydday at tuo of the clock in the afternoone, and all summons ut supra.